Chapter Trans 117
OCCUPATIONAL DRIVER’S LICENSE
Trans 117.01 Purpose and scope. Trans 117.02 Definitions. Trans 117.03 Eligibility. Trans 117.05 Application. Trans 117.07 Applications to amend or reinstate occupational licenses. Trans 117.08 Expiration of occupational licenses. Trans 117.09 Specific time and routes or areas of travel limitations. Trans 117.01(1)(1) The purpose of this chapter is to administratively interpret ss. 343.10, 343.20, 351.07 and 961.50, Stats., and the interaction of these statutory provisions with the general licensing requirements of ch. 343, Stats. This chapter establishes the procedure for obtaining an occupational license. It establishes department policy regarding the issuance of occupational licenses. Trans 117.01(2)(2) This chapter applies to any person petitioning a court for review of a department order authorizing or denying the issuance of an occupational license and to all persons applying to the department or a court for the issuance of an occupational license. Trans 117.01 NoteNote: Procedure and eligibility requirements for occupational licenses are set forth in ss. 343.10 and 351.07, Stats. Trans 117.01 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1), Register, August, 1993, No. 452, eff. 9-1-93; emerg. am., eff. 11-1-96; am. (1) and (2), Register, June, 1997, No. 498, eff. 7-1-97. Trans 117.02(1)(1) The words and phrases defined in ss. 340.01, 343.01 and 343.04 (1), Stats., have the same meaning in this chapter unless a different meaning is specifically provided. Trans 117.02(2)(a)(a) “Alcohol offense” means a suspension, revocation or conviction that may be counted under s. 343.307 (1), Stats. Multiple suspensions, revocations or convictions arising out of the same incident or arrest shall be counted as one alcohol offense. Trans 117.02(2)(b)(b) “Basic driver license” means a regular license, commercial driver license, motorcycle only license, special restricted license or probationary license, as those terms are used in s. 343.03 (3), Stats., that has been revoked, suspended, cancelled or disqualified. Trans 117.02(2)(e)(e) “DMV service center” means a division of motor vehicles service center. Trans 117.02(2)(f)(f) “License” means any authority to operate a motor vehicle issued under ch. 343, Stats., or this chapter. Trans 117.02 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; renum. (2) (a), (e) and (f) to be (2) (am), (c) and (d), cr. (2) (a), r. (2) (c) and (d), Register, August, 1993, No. 452, eff. 9-1-93; emerg. am. (2) (b), renum. (2) (c) and (d) and am. (2) (d), cr. (2) (c), eff. 11-1-96; renum. (2) (a), (am), (b), (c) and (d) to be (2) (b), (c), (d), (f) and (g) cr. (2) (a) and (e), Register, June, 1997, No. 498, eff. 7-1-97; CR 05-034: r. (2) (c) and (d) Register September 2005 No. 597, eff. 10-1-05. Trans 117.025(1)(1) A person whose license is revoked as a habitual traffic offender under ch. 351, Stats., shall petition a circuit court in the person’s county of residence for an order authorizing the person to obtain an occupational license before applying for the license with the department. Trans 117.025(2)(2) A person may apply to the department for an occupational license by submitting an application meeting the requirements of s. Trans 117.05 to any DMV service center, except an express service facility. Trans 117.025(3)(3) The department shall accept the application for an occupational license and may issue a temporary driving receipt to an applicant if it appears to the DMV service center that the person is eligible for an occupational license. The temporary driving receipt shall be valid only until the earliest of the following: Trans 117.025(3)(a)(a) The date the department issues a photo occupational license to the person. Trans 117.025(3)(b)(b) The date the department preliminarily denies the person an occupational license. Trans 117.025(4)(4) Following acceptance of the application, the department shall conduct a review of the application to determine eligibility for occupational licensing. After completion of the review, the department shall issue an occupational license to the driver or issue a letter constituting a preliminary denial of occupational license to the driver. A letter of denial shall state the specific reasons for the denial. The applicant may be required to return to a DMV service center, except an express service facility, so that a photo occupational license may be issued. Trans 117.025(5)(5) A person may seek review of a preliminary denial of an occupational license by filing a petition for occupational license with a circuit court in the person’s county of residence in the manner provided in s. 343.10 (4), Stats. Trans 117.025(6)(6) The court shall consider the number and seriousness of prior traffic convictions in determining whether to grant or deny the petition. The court may, in conducting its review, order modification or changes to any prohibitions or restrictions ordered to be imposed on the person under s. Trans 117.03 (4) or (5). Trans 117.025(7)(7) If a petition is denied by the court, the department may not issue an occupational license to the person, unless the petition was denied solely because of the person’s failure to meet one or more of the criteria of s. Trans 117.03 (2), the person has taken action to meet each of those criteria, and the person meets each of those criteria. Trans 117.025 NoteNote: For example, a driver whose petition is denied by a court solely for failure to provide proof of financial responsibility for the future would be eligible for licensing upon filing proper proof of financial responsibility for the future, notwithstanding the court’s order.
Trans 117.025(8)(8) If a petition is granted by the court, the department shall receive the court’s order and treat it and the applicant’s petition to the court as an application for occupational license. The department shall issue an occupational license to the person, subject to any restrictions ordered by the court or required under s. Trans 117.03 (3), unless issuance of an occupational license to the person is prohibited under s. Trans 117.03 (2). Trans 117.025(9)(9) A decision by the department to deny issuance of an occupational license or to deny licensing for certain classes of vehicles based on the criteria in s. Trans 117.03 (2) or (3) following circuit court review under s. 343.10 (4), Stats., is subject to judicial review in the manner provided in s. 343.40, Stats. Trans 117.025 HistoryHistory: Emerg. cr., eff. 11-1-96; cr. Register, June, 1997, No. 498, eff. 7-1-97; CR 05-034: am. (8) Register September 2005 No. 597, eff. 10-1-05. Trans 117.03(1)(1) General. An occupational license may be issued to a Wisconsin resident who meets the requirements of s. 343.10, Stats., who is otherwise eligible to receive a license in the state of Wisconsin, and whose petition for an occupational license is granted by a court or by the department. Trans 117.03(2)(2) Mandatory requirements. The department may not issue an occupational license unless all of the following criteria are met: Trans 117.03 NoteNote: Drivers with cancelled or disqualified licenses are not eligible for occupational licensing. s. 343.10 (1) (a), Stats. Trans 117.03(2)(c)(c) The person has filed proof of financial responsibility for the future covering all vehicles the person seeks permission to operate. Trans 117.03(2)(f)(f) The person has installed any ignition interlock devices the person has been ordered to install as a condition of an occupational license or pursuant to a court order under s. 343.301 (1g), Stats. Trans 117.03(2)(g)(g) The person has completed assessment and is in compliance with the driver safety plan required by the assessment if the person has 2 or more prior alcohol offenses. For purposes of this paragraph, a person shall be presumed to be in compliance with the driver safety plan if the department has not received a report of non-compliance or license denial from the assessment agency or traffic safety school. Trans 117.03(2)(h)(h) The person has reinstated all operating privileges in all other states in which the person’s operating privilege or license was suspended or revoked if the occupational license will be the first license issued to the person after moving to this state. Trans 117.03(2)(k)(k) The person has not filed more than one petition with a circuit court for an occupational license since the last date on which the department issued an occupational license to the person. Trans 117.03(2)(m)(m) The person’s operating privilege has not been suspended or revoked during the one year period preceding the present revocation or suspension. For purposes of this paragraph, multiple suspensions or revocations arising out of the same incident or occurrence shall count as one suspension or revocation. Trans 117.03(2)(n)(n) Any minimum mandatory waiting period required under s. 343.10 (2) (a) 4., Stats., or specified in any other provision of law has expired. The waiting period commences on the date the suspension or revocation is imposed. Each revocation or suspension imposed has its own waiting period. The waiting periods may run concurrently. Where waiting periods do not run concurrently, no credit may be granted for waiting periods resulting from multiple suspensions or revocations arising out of one incident or occurrence. A reduction in the length of a suspension or revocation does not affect the length of the waiting period for an occupational license. An appeal or other judicial action that stays a suspension or revocation also stays the running of any required waiting period for that suspension or revocation. Trans 117.03(3)(3) Mandatory restrictions. Occupational licenses shall be restricted as follows: Trans 117.03(3)(a)(a) No occupational license may include a notation authorizing operation of a class of vehicle if the person’s license, prior to suspension or revocation, did not bear a notation for that class of vehicle. Trans 117.03(3)(b)(b) No occupational license may include an endorsement if the person’s license prior to suspension or revocation did not properly bear the endorsement. Trans 117.03(3)(d)(d) An occupational license shall prohibit a person from operating a motor vehicle with an alcohol concentration of more than 0.0% if the person’s driver record contains 2 or more alcohol offenses. Trans 117.03(3)(e)(e) No occupational license may permit the operation of a motor vehicle for which the person has not provided proof of financial responsibility for the future. Trans 117.03(3)(f)(f) No occupational license may authorize the operation of a school bus or commercial motor vehicle. Trans 117.03(3)(g)(g) No occupational license may authorize operation of a motor vehicle for any purpose other than an occupation or trade, including homemaking, full-time or part-time study, church attendance, or travel necessary to comply with a driver safety plan. Trans 117.03(3)(j)(j) An occupational license shall include all restrictions that applied to the person’s basic driver license, including any graduated driver license restrictions. Trans 117.03(4)(4) Discretionary prohibitions. The department may not issue an occupational license to any person who does any of the following: Trans 117.03(4)(a)(a) Accumulates 24 or more demerit points in the one year period preceding application. Trans 117.03(4)(b)(b) Accumulates 3 or more alcohol offenses on the person’s driver record that were committed in the 5 year period preceding application. Trans 117.03 NoteNote: Section 343.10 (3) (a), Stats., requires the Department to consider the number and seriousness of offenses in determining whether to issue an occupational license. Circuit courts may order issuance of occupational licenses to drivers whose applications are rejected by the Department under this provision. See s. Trans 117.025 (6). Trans 117.03(5)(5) Discretionary restrictions. The department may restrict occupational licenses as follows: Trans 117.03(5)(a)(a) The department shall require installation of an ignition interlock device as a condition of an occupational license for a person in any of the following instances: Trans 117.03(5)(a)1.1. The person is convicted of an offense for which an ignition interlock is ordered to be imposed on the person’s vehicle under s. 343.301 (1g), Stats. Trans 117.03(5)(a)2.2. A court orders or recommends the person’s operating privilege be restricted to vehicles equipped with an ignition interlock device. Trans 117.03 NoteNote: Section 343.10 (5) (a) 3., Stats., permits the Department to require ignition interlock devices of drivers who have 2 or more prior alcohol offenses. This provision provides that the Department will impose the restriction whenever courts order or recommend it. This discretionary decision may be reviewed on a de novo basis by a circuit court following a petition by the driver. See s. Trans 117.025 (6).
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