Trans 112.15(2)(2) The department may not issue or renew a school bus endorsement to any person who within the 5 years immediately preceding the date of application is convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state: Trans 112.15(2)(b)(b) Any felony in the commission of which a motor vehicle is used, except those offenses listed in sub. (1) or (3). Trans 112.15(2)(c)(c) Operating a motor vehicle under the influence of an intoxicant or other drug or with a prohibited alcohol concentration, s. 346.63 (1), Stats. Trans 112.15(2)(cm)(cm) Causing injury by operating a motor vehicle under the influence of an intoxicant or other drug under s. 346.63 (2), Stats. Trans 112.15(2)(d)(d) Operating a motor vehicle with a prohibited alcohol concentration while under the legal drinking age, s. 346.63 (2m), Stats. Trans 112.15(2)(em)(em) Operating a commercial motor vehicle or being on duty time while having any alcohol concentration, within 4 hours of consuming alcohol or being intoxicated, or while possessing alcohol under s. 346.63 (7) (a), Stats., if the applicant has been previously convicted of any offense under s. 346.63 (7) (a), Stats., or any local ordinance in conformity with s. 346.63 (7) (a), Stats., or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of s. 346.63 (7) (a), Stats., if the person had committed the offense in this state and been convicted of the offense under the laws of this state. Trans 112.15(2)(w)(w) Acquiring or obtaining possession of controlled substance by fraud or forgery—counterfeit substance or packaging, s. 961.43 (1) and (2), Stats. Trans 112.15(2)(y)(y) Any other felony not specified in this subsection or in sub. (1) or (3) that has an element of the use or threat of use of force or the causing or the threat of causing injury to the life or bodily security of another person. Trans 112.15(2)(z)(z) An attempt to commit, or being a party to commission of, any offense enumerated in this subsection. Trans 112.15(3)(3) The department may not issue or renew a school bus endorsement to any person who within the 2 years immediately preceding the date of application is convicted of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state: Trans 112.15(4)(4) Any person who is disqualified from obtaining or renewing a school bus endorsement because of that person’s conviction for an offense listed under sub. (1) or (2) may provide evidence satisfactory to the department that the conviction was for a misdemeanor. Upon receiving the evidence, the department shall reduce the period of disqualification as follows: Trans 112.15(4)(a)(a) Notwithstanding sub. (1) (intro.), for a misdemeanor conviction for an offense listed under sub. (1), the department may not issue or renew a school bus endorsement for that person for 5 years after the date of conviction. This paragraph does not apply to any misdemeanor conviction listed under s. Trans 112.15 (1) (i). Trans 112.15(4)(b)(b) Notwithstanding sub. (2) (intro.), for a misdemeanor conviction for an offense listed under sub. (2), the department may not issue or renew a school bus endorsement for that person for 2 years after the date of conviction. Trans 112.15 NoteNote: See s. 343.12, Stats., for additional offenses or traffic violations that may prohibit issuance of a school bus endorsement. Trans 112.15(5)(a)(a) The department shall consider a conviction under a Wisconsin statute to be in substantial conformity with an offense listed under sub. (1), (2) or (3) if substantially similar elements of the offense listed under sub. (1), (2) or (3) must be proven. Trans 112.15(5)(b)(b) The department shall consider the law of another jurisdiction or federal law or law of a federally recognized American Indian tribe or band in this state to be in substantial conformity with an offense listed under sub. (1), (2) or (3) if substantially similar elements of the offense listed under sub. (1), (2) or (3) must be proven under the law of another jurisdiction or under federal law or under a law of a federally-recognized American Indian tribe or band in this state. Trans 112.15 HistoryHistory: Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 04-117: r. and recr. Register April 2005 No. 592, eff. 5-1-05; subs. (1) and (2) renum. under 13.93 (2m) (b) 1., Stats., Register April 2005 No. 592; correction in (2) (x) made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618; CR 06-099: renum. (5) to be (5) (b) and am., cr. (5) (a), Register June 2007 No. 618, eff. 7-1-07. Trans 112.155Trans 112.155 Condition of employment for school bus drivers. Trans 112.155(1)(1) The department shall require any person who applies for issuance or renewal of a school bus endorsement to certify whether the person has been convicted of any offense listed under s. Trans 112.15 (1), (2) or (3). The person shall submit the certification on a form prescribed by the department. The department shall deny or cancel a school bus endorsement based on a certification that the person has been so convicted. This certification shall be submitted to either the employer, who shall maintain it as a portion of the driver’s record, or to the department on form MV3740, “School Bus or Alternative Vehicles Transporting Students Driver License Information Request.” Trans 112.155 NoteNote: Form MV3740 may be obtained at any DMV customer service center or by calling (608) 266-2353.
Trans 112.155(2)(2) The department shall conduct a criminal history record search on each person who applies for issuance and renewal of a school bus endorsement, and on each person 4 years after the initial issuance or renewal of that person’s school bus endorsement. Trans 112.155(3)(3) If a person applying for a school bus endorsement has resided in another state within the 2 years preceding the date of the application, the person shall notify the department of those other states of residence and the approximate dates of the residency. Upon receiving that information, the department shall make a good faith effort to obtain the person’s criminal history records from the other states of residence, including submitting the person’s fingerprints to the department of justice for a nationwide criminal history records search. The department may require an applicant who has resided in another state within the previous 2 years to pay a fixed fee, in an amount not to exceed the department’s costs, related to collecting fingerprints and completing the 2 criminal history records searches required at initial issuance or renewal and at 4 years after initial issuance or renewal. Trans 112.155(4)(4) The department may require any applicant for a school bus endorsement to provide 2 sets of fingerprints for a criminal history records search. Trans 112.155 HistoryHistory: CR 04-117: cr. Register April 2005 No. 592, eff. 5-1-05; CR 22-048: am. (1) Register July 2023 No. 811, eff. 8-1-23. Trans 112.16(1)(1) The department may restrict a person’s operating privilege based on any of the following: Trans 112.16(2)(2) License restrictions may require a person to wear corrective lenses, use specially equipped vehicles, wear a hearing aid, operate only during daylight hours, restrict a person’s driving area, or restrict a person’s operating privilege in any other manner which the department deems necessary for safety purposes. Trans 112.16(3)(3) License restrictions shall apply to all classes of vehicles whose operation is authorized by the license, unless the restriction is specifically limited to a certain class or classes.
/code/admin_code/trans/112
true
administrativecode
/code/admin_code/trans/112/15/2/l
Department of Transportation (Trans)
administrativecode/Trans 112.15(2)(L)
administrativecode/Trans 112.15(2)(L)
section
true
