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 NoteNote: See s. 343.10 (5) (a), Stats.
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 117.05Trans 117.05Application.
Trans 117.05(1)(1)All applications for occupational licenses shall include:
Trans 117.05(1)(a)(a) An operator’s license application form.
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)(c)(c) The fee required under s. 343.10 (6), Stats.
Trans 117.05(1)(d)(d) A completed application for occupational license form.
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)(a)(a) The person’s full name, birth date, driver license number, address, telephone number, if any, and social security number, except as provided in s. Trans 102.15 (5) (b) and (c).
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)(e)(e) An indication of whether the person seeks emergency service operator privileges under s. Trans 117.09 (2).
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)(g)(g) Specification of the hours of operation requested by the driver.
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.