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). Trans 117.03(5)(b)(b) An occupational license may be restricted to operation at those certain times of the day or in those certain areas which are necessary for the person to engage in the person’s occupation, including homemaking, full-time or part-time study, participation in a driver safety plan ordered under s. 343.30 (1q), Stats., or church attendance. Trans 117.03 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; renum. to be (1), cr. (2), Register, August, 1993, No. 452, eff. 9-1-93; emerg. r. and recr. (2), cr. (3) to (5), eff. 11-1-96; r. and recr. (2), cr. (3) to (5), Register, June, 1997, No. 498, eff. 7-1-97; am. (3) (j), Register, August, 2000, No. 536, eff. 9-1-00; CR 05-034: r. (2) (e) and (L), (3) (c), (h) and (i), am. (2) (f) and (k), (3) (f), (5) (a) 1. Register September 2005 No. 597, eff. 10-1-05; CR 08-072: cr. (2) (n) Register November 2008 No. 635, eff. 12-1-08; corrections in (2) (f) and (5) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650. Trans 117.05(1)(1) All applications for occupational licenses shall include: Trans 117.05(1)(b)(b) A conviction status report from the court that convicted the applicant of the offense for which the applicant’s license has been revoked or suspended, unless the court has previously reported the conviction to the department and the conviction appears on the department’s computer data base of driver records. Trans 117.05(1)(e)(e) Proof of financial responsibility for the future which shall specify the vehicle or vehicles the person seeks authority to operate. Trans 117.05(2)(2) The application for an occupational license of a person whose license is revoked under s. 351.025, Stats., shall include the original or a certified copy of the court order authorizing the issuance of an occupational license to the person. Trans 117.05(3)(3) An application for occupational license submitted following circuit court review of a preliminary denial of occupational license shall include a copy of all findings and orders issued by the reviewing court. Trans 117.05(4)(4) All applications, conviction status reports and petitions for occupational license submitted in applying for an occupational license shall be on department forms and shall include all requested information. The completed occupational license application form shall include all of the following information: Trans 117.05(4)(b)(b) The area in which the person seeks authority to operate designated by county or state. Trans 117.05(4)(c)(c) An indication of whether the person seeks authorization to operate for purposes of work, church, homemaker duties, compliance with a driver safety plan, or full-time or part-time study. Trans 117.05(4)(f)(f) A description of the person’s occupation and the name of the person’s employer. Trans 117.05(4)(h)(h) An affirmation by the person that operating a motor vehicle at the times and locations specified in the application is essential to the person’s livelihood and necessary to fulfill the duties of the person’s occupation. Trans 117.05(4)(i)(i) The person’s signature in the format first name, middle name or initial, last name. Trans 117.05(5)(5) An application for occupational license submitted by a person who has been ordered to install an ignition interlock device under s. 343.301 (1g), Stats., shall include a copy of the order and proof of installation. Trans 117.05 NoteNote: Forms MV3001, Application for License, and MV3027, Application/Petition and Order for Occupational Operator License, are available at motor vehicle service centers.
Trans 117.05 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; cr. (1) (c), am. (3), Register, August, 1993, No. 452, eff. 9-1-93; emerg. cr. (1) (d) and (e), (4) (a) to (k) and (5), am. (2) and (4), r. and recr. (3), eff. 11-1-96; cr. (1) (d), (e) and (5), am. (2), r. and recr. (3), renum. (4) to be (4) (intro.) and cr. (4) (a) to (j), Register, June, 1997, No. 498, eff. 7-1-97; CR 05-034: r. (4) (d), am. (5) Register September 2005 No. 597, eff. 10-1-05; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650. Trans 117.07Trans 117.07 Applications to amend or reinstate occupational licenses. Trans 117.07(1)(1) An application to amend an occupational license or to reinstate a revoked occupational license shall be made in the same manner as an original application for an occupational license. Trans 117.07(2)(2) An application seeking to amend an occupational license issued pursuant to an order entered by a court on or after November 1, 1996, shall be presented to and approved or denied by the court which originally ordered issuance of the occupational license. Trans 117.07(3)(3) A person applying to reinstate or amend an occupational license shall pay the fee specified in s. 343.10 (6), Stats. Fees collected under this subsection shall be distributed in accordance with s. 343.10 (6), Stats. No fee may be required if the application to amend the license is made only for any of the following reasons: Trans 117.07(3)(a)(a) To correct a clerical error made by the court or the department in the issuance of the occupational license. Trans 117.07(3)(b)(b) To specify the hours of operation necessary for complying with a driver safety plan if no hours are specified for that purpose on the occupational license previously issued to the person. Trans 117.07 NoteNote: See s. 343.26, Stats., regarding reinstatement of canceled licenses. Trans 117.07 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; correction in (2) made under s. 13.93 (2m) (b) 5., Stats., Register, August, 1993, No. 452, eff. 9-1-93; emerg. am. (1) and (2), r. (3), renum. (4) to be (3), cr. (3) (b), eff. 11-1-96; am. (1) and (2), r. (3), renum. (4) to be (3), cr. (3) (b), Register, June, 1997, No. 498, eff. 7-1-97. Trans 117.08Trans 117.08 Expiration of occupational licenses. An occupational license shall expire 2 working days after the end of all suspensions and revocations of the driver’s operating privilege in effect at the time the occupational license was issued. Trans 117.08 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. Register, August, 1993, No. 452, eff. 9-1-93; emerg. am. (1) (b), (c) and (5), eff. 11-1-96; am. (1) (b), (c) and (5), Register, June, 1997, No. 498, eff. 7-1-97; CR 05-034: r. (1) to (4), renum. (5) and am. Register September 2005 No. 597, eff. 10-1-05. Trans 117.09Trans 117.09 Specific time and routes or areas of travel limitations. Trans 117.09(1)(1) General. An occupational license shall specify definite hours of operation by specifying the exact times and days of the week during which the operator may operate a motor vehicle to or from church, in connection with a driver safety plan, or in order to perform the person’s occupation, trade, or duties as a homemaker or student. Trans 117.09(2)(a)(a) “Emergency service provider” means a person who is employed by a unit of government, is providing services to a unit of government, or is employed by a public utility or medical services provider, and whose occupation involves providing essential life sustaining emergency services to the public. The term includes, but is not limited to, law enforcement officers, fire fighters, forest rangers, correctional officers, snow plow and emergency vehicle drivers, doctors, veterinarians, emergency medical technicians, certified first responders, paramedics, and electric, telephone and natural or propane gas repair technicians. A person who claims to be an emergency service provider may be required to provide documentation to the department proving the person provides essential life-sustaining emergency services to the public as part of the person’s occupation. Trans 117.09(2)(b)(b) In an application for occupational license, an emergency services provider may request authorization to operate a motor vehicle, during an emergency threatening injury to a person or property, outside the specific hours of operation set forth in the application. An order authorizing such operation shall authorize only the operation of motor vehicles directly to and from the location of the emergency or the person’s place of employment and shall not authorize operation of a motor vehicle in excess of 12 hours per day or 60 hours per week. Trans 117.09(2)(c)(c) An emergency services provider who has authority to operate a motor vehicle under par. (b) and who is charged with an offense stemming from the person’s operating a motor vehicle outside the specified hours of operation set forth in the occupational license may not be convicted if the person produces in court or in the office of the arresting officer satisfactory documentation that the person was operating a motor vehicle in response to a bona fide emergency at the time of the citation. Trans 117.09 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (2) (a), Register, August, 1993, No. 452, eff. 9-1-93;em. am. (1) to (3) (a), (e) 3. and (f), eff. 11-1-96; am. (1), (2) (a) to (c), (3) (a) and (f), Register, June, 1997, No. 498, eff. 7-1-97; CR 05-034: r. (3) Register September 2005 No. 597, eff. 10-1-05.
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