History: 1977 c. 360
; 1979 c. 226
; 1981 c. 20
; 1985 a. 29
; 1987 a. 27
; 1989 a. 105
; 1991 a. 86
; 1995 a. 446
; 1997 a. 27
; 1999 a. 9
; 2001 a. 93
; 2003 a. 33
; 2005 a. 126
; 2007 a. 20
, 9121 (6) (a)
; 2007 a. 106
; 2009 a. 28
; 2011 a. 23
; 2013 a. 17
; 2015 a. 55
; 2017 a. 59
; s. 35.17 correction in (1) (c) 2. c.
To require payments to government agencies for documents necessary to obtain Department of Transportation (DOT) photo identification cards for voting would severely burden the right to vote because it would condition that right on payment to a government agency. The exercise of discretion by DOT requires the issuance of photo identification cards for voting without requiring documents for which a fee continues to be charged by a government agency. Milwaukee Branch of the NAACP v. Walker, 2014 WI 98
, 357 Wis. 2d 469
, 851 N.W.2d 337
Special identification cards for physically disabled. 343.51(1)(1)
Any person who qualifies for registration plates of a special design under s. 341.14 (1)
, or (1q)
or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle parked by, or under the direction of, the person, or a motor vehicle operated by or on behalf of the organization when used to transport such a person, to parking privileges under s. 346.50 (2)
, and (3)
. The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a public health nurse certified or licensed to practice in any state, from a physician assistant licensed or certified to practice in any state, from a podiatrist licensed to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, public health nurse, physician assistant, podiatrist, chiropractor, or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.
The form for application for a special identification card under sub. (1)
shall include the information required under s. 85.103 (2)
and shall advise the applicant of the requirement under par. (b)
If the department issues to a person a special identification card under sub. (1)
, the person shall retain, for the period during which the special identification card is valid, any statement specified in sub. (1)
submitted by the person to the department in support of the application. Any time that a special identification card issued under sub. (1)
is displayed on a vehicle, the person issued the special identification card shall carry on the person or in the vehicle a copy of this statement and shall, upon request by any traffic officer, produce the statement for inspection.
Subject to sub. (2m)
, the department shall prescribe the form and size of identification cards issued under this section and shall promulgate rules regarding the issuance and use of the cards. The identification cards shall be designed and displayed so as to enable law enforcement officers to determine that the vehicle, when parked, is entitled to parking privileges under s. 346.50 (2)
, but shall not be unnecessarily conspicuous when the vehicle is operated. Except as provided in par. (b)
, special identification cards shall be valid for 4 years.
The department shall issue special identification cards which are valid for limited periods of time if the statement required by sub. (1)
indicates that the applicant's disability is temporary.
At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The application shall include all of the information required for issuance of a special identification card under sub. (1)
. The fee for a renewal identification card shall be the fee established by the department under sub. (1)
. Except as provided in par. (b)
, each card shall be valid for 4 years.
The department may issue only one special identification card under this section to an applicant unless the applicant requests in the application, or subsequently in writing, a 2nd card.
The department shall provide by rule for the issuance of special identification cards to replace special identification cards that have been lost or destroyed.
The department shall disseminate information to all applicants for a special identification card under sub. (1)
relating to the parking privileges granted under s. 346.50 (2)
and their right to request enforcement of s. 346.505
See also ch. Trans 130
, Wis. adm. code.
Unlawful use of special identification cards. 343.52(1)(1)
Any person or organization who does any of the following may be required to forfeit not less than $50 nor more than $300:
Lends to another a special identification card issued under s. 343.51
, knowing that the person borrowing the card is not authorized by law to use it.
Displays a special identification card issued under s. 343.51
upon a vehicle that is not authorized by law to have the card displayed thereon or otherwise fraudulently uses a special identification card issued under s. 343.51
to the person or organization.
Knowingly provides information that is false or misleading in any material respect on an application for a special identification card under s. 343.51
Knowingly provides information that is false or misleading in any material respect in a statement specified in s. 343.51 (1)
submitted in support of an application for a special identification card under s. 343.51
Any person or organization that does any of the following shall forfeit not less than $200 nor more than $500:
Fraudulently procures, makes, alters, reproduces, or duplicates a special identification card issued under s. 343.51
, except as authorized by the department.
Fraudulently uses a special identification card issued under s. 343.51
that was not issued to the person or organization by the department.
Any person who violates s. 343.51 (1m) (b)
may be required to forfeit not more than $10, except that a person charged with violating s. 343.51 (1m) (b)
may not be convicted if he or she produces the statement in court or in the office of the officer issuing the citation, within 10 days after the date on which the citation is issued.
The department shall cancel the special identification card of any person or organization who violates sub. (1)
. The department may order a person or organization whose identification card has expired or has been canceled to surrender the card to the department. The department may take possession of any expired identification card or any identification card required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.
A member of a disabled parking enforcement assistance council under s. 349.145
who observes a violation of this section may prepare a written report indicating that a violation has occurred. The report shall contain, if applicable, the time and location at which the violation occurred, and any other relevant information relating to the violation.
Within 24 hours after observing the violation, the member may deliver the report to a traffic officer of the political subdivision in which the violation occurred. A report which does not contain all of the information in par. (b)
shall nevertheless be delivered and shall be maintained by the political subdivision for statistical purposes.
Within 48 hours after receiving a report containing all of the information in par. (b)
and after conducting an investigation, the traffic officer may prepare a uniform traffic citation under s. 345.11
for the violation and may personally serve it upon the person or organization.
If with reasonable diligence the person or organization cannot be served under subd. 1.
or if the person or organization lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the person's or organization's last-known address.
LICENSING OF DRIVER SCHOOLS AND INSTRUCTORS
Subch. VI of ch. 343 Cross-reference
See also ch. Trans 105
, Wis. adm. code.
“Driver school" means a business that gives instruction, for compensation, in the operation of motor vehicles, except that it does not include any of the following:
A high school or technical college that teaches driver training as part of its regular school program and whose course of study in driver training meets the criteria for a driver education course under this chapter has been approved by the department of public instruction or technical college system board.
An institution of higher learning that teaches driver training as part of its teacher training program.
A motorcycle training school that offers a basic or experienced rider training course approved by the department.
Any driver training school that offers training exclusively in the operation of vehicles designed and manufactured for off-highway operation.
“Driver school classroom" means any facility that is approved by the department and used to conduct driver training, but does not include a motor vehicle.
“Driver school office" means the location at which the driver school business is conducted and approved by the department. “Driver school office" does not include any facility used only as a driver school classroom.
“Fraudulent practices" includes, but is not limited to:
Any conduct or representation tending to give the impression that a license to operate a motor vehicle or any other license, registration or service granted by the secretary or department may be obtained by any means other than the means prescribed by law or by furnishing or obtaining the same by illegal or improper means; or
The requesting, accepting, exacting or collecting of money for such purpose.
“Instructor" means any person who is employed by a driver school licensed under this chapter and who, for compensation, gives instruction in the operation of a motor vehicle.
Driver school requirements. 343.61(1)(1)
The department shall issue and renew driver school licenses in conformity with the requirements of this subchapter. No person may operate a driver school, advertise, solicit bids for business, or provide services unless the person holds a valid driver school license issued by the department.
Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the following:
Except as provided in subd. 1m.
, in the case of an individual, the individual's social security number.
In the case of an individual who does not have a social security number, a statement made or subscribed under oath or affirmation that the individual does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license that is issued by the department in reliance on a statement submitted under this subdivision is invalid if the statement is false.
In the case of a person who is not an individual, the person's federal employer identification number.
Identification of all driver school office locations and identification of all driver school classroom locations and, if instruction is to be provided by means of the Internet, a statement to this effect.
A driver school may provide to the department a written certification that the driver school has complied with all applicable driver school office and driver school classroom requirements imposed under this subchapter or under any rule promulgated by the department under this subchapter. For purposes of this paragraph, classroom instruction includes instruction provided by means of the Internet if the driver school provides instruction by means of the Internet.
The department of transportation may not disclose any information received under par. (a) 1.
to any person except to the department of children and families for purposes of administering s. 49.22
, the department of revenue for the sole purpose of requesting certifications under s. 73.0301
, and the department of workforce development for the sole purpose of requesting certifications under s. 108.227
The department may not issue or renew a driver school license if any of the following applies:
The applicant or licensee or any officer, director, partner or other person directly interested in or actively involved in the driver school business was a former holder of, or actively involved in a driver school business operating under, a license issued under this section or a similar license issued by another jurisdiction or was directly interested in or a party actively involved in another driver school which held a license under this section or a similar license issued by another jurisdiction, or was the former holder of an instructor license issued under s. 343.62
, and any such license was revoked or suspended.
Subject to ss. 111.321
, and 111.335
, the applicant or licensee or any officer, director, stockholder, partner or any person directly interested in or actively involved in the driver school business has been convicted of a felony, or any other disqualifying offense as established by rule by the department, in this state, or in another jurisdiction, including a conviction under the law of a federally recognized American Indian tribe or band in this state, for an offense that if committed in this state would be a felony or disqualifying offense, unless the person so convicted has been officially pardoned.
The applicant or licensee does not have a driver school office.
The applicant or licensee is not the true owner of the driver school.
The applicant or licensee fails to provide the information or statement required under sub. (2) (a) 1.
The applicant has made a material false statement or concealed a material fact in an application.
The required fee for any driver school license, or for any annual renewal thereof, is $95.
A driver school license expires on the date stated on the license, but not later than 24 months after the date on which the license is issued. The department may institute any system of initial license issuance that it considers advisable for the purpose of gaining a uniform rate of renewals. To put such a system into operation, the department may issue licenses that are valid for any period less than one year. If the department issues a license that is valid for less than one year, the department shall accordingly prorate the fees specified under subd. 1.
In addition to the fee under par. (a)
, an applicant or licensee under this section shall pay a one-time fee of $10 for each mailing address where one or more driver school classrooms are located.
The fee for a duplicate license certificate provided under sub. (4) (a)
The department shall charge a fee of $10 for any change to a license certificate, including a change in the location of a driver school office.
If any driver school license is lost, the department shall issue a replacement upon receipt of a completed application, satisfactory proof of eligibility, satisfactory proof of loss, and a fee established by the department by rule.
A driver school shall maintain a standard liability insurance policy in the name of the school, with the minimum insurance coverage specified by rule by the department. The insurance policy shall require the insurer to notify the department not less than 30 days before the policy expires or is materially changed or canceled.
A driver school shall file with the department a bond in the form and amount established by the department by rule.
If the department approves an application for a driver school license and the applicant pays the required fee, the department shall issue a license, and provide a license certificate, to the applicant. The licensee shall display the certificate in the licensee's driver school office, but is not required to display the certificate in any driver school classroom.
The location of each driver school office shall be identified in the license. Except as provided by the department by rule, no licensee may establish any driver school office within 1,500 feet of a department office where operator's licenses are issued, nor within 1,500 feet of any headquarters where official driving skills tests are given. Any change in address of any driver school office or driver school classroom must be reported to and approved by the department. A driver school may maintain driver school classrooms at locations other than the driver school office. A driver school may provide driver training instruction by means of the Internet in addition to providing instruction at a driver school classroom or, if the driver school also offers behind-the-wheel instruction in this state, instead of providing instruction at a driver school classroom.
If the department establishes requirements relating to driver school offices located in residences, the department may not apply those requirements to driver school offices in residences to which students and members of the public have no access.
The use of the word “Wisconsin" or “State" in any firm name is prohibited.
Any driver school licensed under this section may be authorized by the department to provide testing, limited to knowledge and signs tests, for students of the driver schools who are under the age of 18 and for driver school instructors. Authorized driver schools providing such testing shall meet standards and follow procedures established by the department by rule.