Trans 102.16 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; r. and recr.
Register, December, 1990, No. 420, eff. 1-1-91; am. (3) (b),
Register, September, 1992, No. 441, eff. 10-1-92; am. (2), (5), r. and recr. (3), cr. (3m),
Register, December, 1999, No. 528, eff. 1-1-00;
CR 06-082: am. (1) (3m), (5), (6) and (8)
Register December 2006 No. 612, eff. 4-1-07.
Trans 102.17
Trans 102.17 Temporary operator's license or driver receipt. Trans 102.17(1)(1)
Temporary operator's license. The department may issue a class D or M temporary operator's license and attach it to a person's previous Wisconsin license when the person presents the previous license and the department is unable to immediately issue a renewal operator's license to the person for one of the following reasons:
Trans 102.17(1)(a)
(a) The department, pursuant to s.
343.16 (6), Stats., requires testing or an examination prior to renewal including, but not limited to, medical, eye, or mental examinations or evaluations of drug or alcohol dependency and the testing cannot be completed prior to the expiration of the existing license; or
Trans 102.17(1)(b)
(b) The department's license production system temporarily prevents production of an operator's license.
Trans 102.17(2)
(2) Temporary driver receipt. The department may issue a class D or M temporary driver receipt and validate it for driving:
Trans 102.17(2)(b)
(b) When a person applying for renewal of a license is unable to present the person's previous Wisconsin license and the department is not able to immediately issue an operator's license for any of the reasons stated in sub.
(2) (a) or
(b).
Trans 102.17(2)(c)
(c) If the person has previously held a motorcycle instruction permit, that instruction permit is expired, and the person seeks authorization to operate a motorcycle solely for the purpose of completing a motorcycle driver exam.
Trans 102.17(3)
(3) Duration. A temporary operator's license or driver receipt may be valid for not longer than 60 days from the date issued, unless otherwise canceled, revoked or suspended. The date issued shall be shown on the face of a temporary license or driver receipt.
Trans 102.17 Note
Note: Form MV3501, temporary operator's license, form MV3432, receipt, form MV3392 data card instruction permit/receipt.
Trans 102.17 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91; am. (1) (intro.) and (2) (intro.),
Register, November, 1994, No. 467, eff. 12-1-94; cr. (2) (c),
Register, January, 1997, No. 493, eff. 2-1-97.
Trans 102.18
Trans 102.18 Identification card and issuance period. Trans 102.18(1)(1)
Original and reinstatement identification cards expire 4 years from the identified person's next birthday, or on the date that the person's legal presence in the United States is no longer authorized, whichever occurs sooner.
Trans 102.18(2)
(2) Renewal identification cards expire on the date that the person's legal presence in the United States is no longer authorized or on the following date, whichever occurs sooner:
Trans 102.18(2)(a)
(a) Four years from the identified person's next birthday when the renewal application is made prior to the expiration date of the latest identification card on file for that person;
Trans 102.18(2)(b)
(b) Three years from the identified person's next birthday when the renewal application is made after the expiration date of the latest identification card on file for that person.
Trans 102.18(3)
(3) No person may renew an identification card more than one year prior to the expiration date of the identification card.
Trans 102.18 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91;
CR 06-082: am. (1) and (2)
Register December 2006 No. 612, eff. 4-1-07.
Trans 102.19(1)(1)
CLASS D INSTRUCTION PERMITS. An instruction permit for class D privileges may not be issued to a person less than 18 years of age who is enrolled in a behind the wheel driver education course more than 60 days prior to the beginning of the practice driving phase of that driver education course.
Trans 102.19(2)(a)(a) In order to be issued a moped and motor bicycle instruction permit, a person must pass a knowledge test established by the department.
Trans 102.19(2)(b)
(b) A person holding a moped or motor bicycle instruction permit, or regular instruction permit endorsed for moped and motor bicycle operation may operate a moped or motor bicycle only during daylight hours and may not carry passengers.
Trans 102.19 Note
Note: See s.
343.07, Stats.
Trans 102.19 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91; renum. (1) and (2) to be (2) (a) and (b), cr. (1),
Register, January, 1997, No. 493, eff. 2-1-97.
Trans 102.20(1)(1)
Purpose. The purpose of this section is to adopt a seasonal farm service waiver for CMV drivers consistent with those federal department of transportation regulations at
49 CFR 383.3(f).
Trans 102.20(2)(a)
(a) “Agri-chemical business" means a business that sells and delivers fertilizer, pesticides or other chemical compounds to farmers.
Trans 102.20(2)(c)
(c) “Convicted" or “conviction" has the meaning set forth in s.
340.01 (9r), Stats., and includes convictions under state law, convictions under local ordinances in conformity with state law, convictions under a law of federally recognized American Indian tribe or band in this state in conformity with state law, or convictions under the law of another jurisdiction which prohibits conduct similar to that prohibited under state law even if that jurisdiction's law is not in conformity with state law.
Trans 102.20(2)(d)
(d) “Custom harvester" means a business which is engaged solely in the provision of for hire harvesting services to farmers or engaged in canning, freezing or processing the crops being harvested.
Trans 102.20 Note
Note: The licenses of temporary seasonal employees of custom harvester employers are limited to permit only transportation related to the harvesting of crops. See s.
Trans 102.20 (8) (fm). A driver in this category may, for example, haul harvesting equipment to and from the fields where the harvest is conducted, and may haul harvested crops from the fields where harvested to a storage facility or food processing plant. Subsequent transportation of the harvested crops, however, such as to haul harvested crops from storage facilities to processing plants or to haul processed crops to market, are not permitted under a Farm Service CDL.
Trans 102.20(2)(e)
(e) “Farm retail outlet" means a business engaged in the retail sale and delivery of farm supplies to farmers.
Trans 102.20(2)(f)
(f) “Farm service CDL" means a restricted commercial driver license issued pursuant to this section.
Trans 102.20(2)(g)
(g) “Farm service industry" means a farm retail outlet, a custom harvester, a livestock feeder or an agri-chemical business.
Trans 102.20(2)(i)
(i) “Livestock feeder" means a business that is licensed as an approved feed lot under
s. ATCP 11.14.
Trans 102.20 Note
Note: Section ATCP 11.14 was repealed eff. 10-1-06.
Trans 102.20(2)(j)
(j) “Seasonal employment” means a period of employment that does not exceed 210 days per year.
Trans 102.20(2)(k)
(k) “Seasonal period" means a continuous time period for which a farm service CDL permits limited operation of commercial motor vehicles.
Trans 102.20(3)
(3) Eligibility. The department may issue a farm service CDL to any person who meets all of the following requirements:
Trans 102.20(3)(b)
(b) Has held a class D operator's license, other than an instruction permit for at least the one-year period preceding the date of application.
Trans 102.20(4)
(4) Driver record requirements. The department may not issue or renew a farm service CDL to any person who at any time during the 2-year period preceding the date of application:
Trans 102.20(4)(a)
(a) Held more than one operator's license at one time, except that for purposes of this subdivision, a school bus or chauffeur's license issued under s.
343.12 or
343.125, 1987 Stats., shall be counted with a regular license as a single license.
Trans 102.20(4)(b)
(b) Had any driver license or operating privilege, in Wisconsin or any other jurisdiction, revoked, suspended or canceled as a result of a moving violation. Failure to pay a forfeiture resulting from a non-traffic offense is not a moving violation for purposes of this paragraph.
Trans 102.20(4)(c)
(c) Was convicted of speeding in excess of 15 miles per hour over the applicable speed limit or any one violation listed as a disqualifying offense or serious traffic violation under s.
343.315 (2) (a),
(e),
(f) or
(g), Stats., regardless of whether the person was operating a commercial motor vehicle at the time of the offense.
Trans 102.20(4)(d)
(d) Was convicted of a violation of a law relating to motor vehicle traffic control arising in connection with any traffic accident, except a parking or safety belt violation.
Trans 102.20(4)(f)
(f) Was convicted of a violation of a law arising out of the person's operating a vehicle type not authorized under a farm service CDL, violating a restriction of a farm service CDL, transporting hazardous materials not permitted under a farm service CDL, or operating a commercial motor vehicle outside the seasonal period provided for on a farm service CDL.
Trans 102.20(5)
(5) Disqualification. The department shall revoke, suspend, cancel or disqualify the farm service CDL privilege of any person who is disqualified under s.
343.315, Stats.
Trans 102.20(6)(a)
(a) An application for a farm service CDL shall be made on forms provided by the department and shall include all requested information.
Trans 102.20(6)(b)
(b) An original or renewal application for farm service CDL shall include all of the following:
Trans 102.20(6)(b)4.
4. Specification of the seasonal period for which the applicant seeks farm service CDL operating privileges.
Trans 102.20 Note
Note: Driver License Application and renewal forms (MV3001 and MV3005) and Driver Certification forms (MV3586) may be obtained at any Division of Motor Vehicle Services Center or from the Wisconsin Department of Transportation, Bureau of Driver Services, License Issuance Unit, P.O. Box 7918, Madison, WI 53707-7918.
Trans 102.20(7)(a)
(a) The department may not issue a farm service CDL to any person who has not passed the required knowledge test.
Trans 102.20(7)(b)
(b) The department shall waive CDL skills tests for applicants seeking farm service CDLs except under circumstances where the department would require one or more examinations under s.
343.16 (5) or
(6), Stats.
Trans 102.20(8)
(8) Restrictions. All farm service CDLs shall be subject to the following restrictions:
Trans 102.20(8)(b)
(b) The license may not permit transporting hazardous materials except liquid fertilizer in vehicles or implements of husbandry with total capacities of 3000 gallons or less, solid fertilizers that are not transported with any organic substance, or 1000 gallons or less of diesel fuel, but no combination of these materials.
Trans 102.20(8)(d)
(d) The license shall permit operation only of commercial motor vehicles owned, leased or rented by the driver's farm service industry employer.
Trans 102.20(8)(e)
(e) The license may not permit operation of commercial motor vehicles outside the period of seasonal employment.
Trans 102.20(8)(f)
(f) The license may not permit the operation of commercial motor vehicles beyond 150 miles of the place of business or farm being served.
Trans 102.20(8)(fm)
(fm) The license may not permit operation by a custom harvester unless related to the harvesting of crops.
Trans 102.20(8)(g)
(g) The license may not permit operation in interstate commerce unless the driver meets the requirements of s.
343.06 (3), Stats.
Trans 102.20(8)(h)
(h) The license may not grant farm service CDL privileges for more than 210 days in any calendar year.
Trans 102.20(9)
(9) No occupational license. The department may not issue an occupational license granting farm service CDL privileges.
Trans 102.20(10)
(10) Seasonal period application and driver record verification. Trans 102.20(10)(a)(a) Except when a license is due for renewal, at least once each calendar year in which an applicant seeks farm service CDL privileges, the person shall apply to the department for a farm service CDL replacement license designating the person's next seasonal period.
Trans 102.20 Note
Note: Form MV3587, Application for New Farm service CDL Seasonal Period may be obtained at any Division of Motor Vehicle Services Center or from the Wisconsin Department of Transportation, Bureau of Driver Services, License Issuance Unit, P.O. Box 7918, Madison, WI 53707-7918.
Trans 102.20(10)(b)
(b) The department shall confirm the driver's continued eligibility for the farm service CDL before each seasonal period and, if the driver is eligible for the license under sub.
(3), shall issue a replacement farm service CDL to the driver. If a replacement license is issued by mail and the driver fails to return the license document it replaces to the department, the department may cancel the replacement license.
Trans 102.20 Note
Note: See sub. (13) (c) regarding the fee for changing a seasonal period.
Trans 102.20(11)
(11) License form. A farm service CDL shall be subject to the restrictions set forth on the license.
