Wisconsin Code § 343.05

Operators to be licensed; exceptions
Open in Lexace · Ask the AI about this section
(1)
GENERAL PROVISIONS. (a) Except as provided in this subsection,
no person may at any time have more than one operator’s license.
This prohibition includes, without limitation, having licenses
from more than one state, having licenses under more than one
name or birthdate, and having more than one license issued for
the operation of different types or classes of vehicles. This paragraph does not apply to any person who has only operator’s licenses issued by this state and by a country, province, or subdivision that is a party to an agreement under s. 343.16 (1) (d).
(c) A person may have both an operator’s license and a duly
issued instruction permit allowing restricted operation of a vehicle group not authorized by the license.
(2) COMMERCIAL MOTOR VEHICLES. (a) No person may operate a commercial motor vehicle upon a highway in this state unless the person is one of the following:
1. A resident who is at least 18 years of age, who is not disqualified under s. 343.315, who has a valid commercial driver license which is not revoked, suspended, canceled or expired and,
for the operation of any vehicle type under s. 343.04 (2), has an
endorsement authorizing operation of the vehicle type.
2. A nonresident who has in his or her immediate possession
a valid commercial driver license issued to the person in another
jurisdiction or Mexico bearing all endorsements required for the
specific class and type of vehicle being operated. A license is not
valid under this subdivision if the license is restricted to operation inside the person’s home jurisdiction, or if the person is otherwise violating restrictions or exceeding operating authorization
stated on the person’s license. If the nonresident is operating a
commercial motor vehicle in interstate commerce, he or she must
be at least 21 years of age.
4. A person with a temporary license under s. 343.305 (8) (a)
which expressly authorizes the operation of the applicable class
and type of commercial motor vehicle and which is not expired.
(b) This subsection does not apply to a person whose operation of a commercial motor vehicle is subject to waiver under s.
343.055.
(c) A tow truck operator holding a valid commercial driver license who is engaged in the removal of a disabled or wrecked vehicle from the highway or eliminating a hazard is not required to
hold an endorsement to his or her commercial driver license regardless of the type of vehicle being towed. This exception to the
requirement for an endorsement does not apply to any subsequent
towing of the vehicle, including moving the vehicle from one repair facility to another, unless one of the following applies:
1. The tow truck operator is accompanied by a driver who
holds the required endorsements.
2. The vehicle is a vehicle that requires a “P” endorsement
for its operation.
(3) NONCOMMERCIAL VEHICLES. Except as provided in sub.
(4):
(a) No person may operate a motor vehicle which is not a
commercial motor vehicle upon a highway in this state unless the
person possesses a valid operator’s license issued to the person by
the department which is not revoked, suspended, canceled or
expired.
(b) No person may operate a motorcycle unless the person
possesses a valid operator’s license specifically authorizing the
operation of motorcycles.
(c) No person may operate a moped or motor bicycle unless
the person possesses a valid operator’s license or a special restricted operator’s license issued under s. 343.135 or a restricted
license issued under s. 343.08. A license under this paragraph
does not authorize operation of a moped or motor bicycle if the license is revoked, suspended, canceled or expired.
(4) EXEMPTIONS. (a) The following are exempt from the licensing requirements of this chapter:
1. A person in the armed services while operating a motor
vehicle owned by or leased to the federal government.
2. A person while temporarily operating or moving a farm
tractor or implement of husbandry on a highway between fields
or between a farm and a field.
3m. A person while operating motorized construction equipment. This subdivision does not apply to a truck or a construction vehicle designed for use on a roadway or to any vehicle exceeding a speed of 35 miles per hour.
(b) The following are exempt from the licensing requirements
of sub. (3):
1. A nonresident who is at least 16 years of age and who has
in his or her immediate possession a valid operator’s license issued to the person in the person’s home jurisdiction.
1m. A person who operates a limited use off-highway motorcycle, as defined in s. 23.335 (1) (o), only as authorized under s.
23.335.
2. Any nonresident of the United States who holds an international driving permit or a valid operator’s license issued by a
country which is a signatory to either the 1943 regulation of interAmerican automotive traffic or the 1949 Geneva convention on
road traffic.
3. Any nonresident of the United States who holds an international driving permit or a valid operator’s license issued by
Germany, Mexico, or Switzerland or by any other nation having a

reciprocal agreement with the United States concerning driving
privileges.
(c) An exemption under par. (b) 2. or 3. applies only for a period of one year after a nonresident’s arrival in the United States.
(5) PENALTIES. (ag) In this subsection, “great bodily harm”
has the meaning given in s. 939.22 (14).
(am) Any person who violates sub. (1) or (2) shall be:
1. Fined not less than $200 nor more than $600 or imprisoned for not more than 6 months or both for the first such
violation.
2. Fined not less than $300 nor more than $1,000 or imprisoned for not less than 5 days nor more than 6 months or both for
the 2nd offense occurring within 3 years.
3. Fined not less than $1,000 nor more than $2,000 and imprisoned for not less than 10 days nor more than 6 months for the
3rd or subsequent offense occurring within 3 years.
(b) 1. Except as provided in subds. 2. to 5. and sub. (6), any
person who violates sub. (3) (a) may be required to forfeit not
more than $200 for the first offense, may be fined not more than
$300 and imprisoned for not more than 30 days for the 2nd offense occurring within 3 years, and may be fined not more than
$500 and imprisoned for not more than 6 months for the 3rd or
subsequent offense occurring within 3 years. In this paragraph, a
violation of a local ordinance in conformity with this section or a
violation of a law of a federally recognized American Indian tribe
or band in this state in conformity with this section shall count as
a previous offense.
2. A person whose operator’s license has expired not more
than 3 months before a violation of sub. (3) (a) may be required to
forfeit not more than $100 for the first offense.
4. Except as provided in subd. 2. and sub. (6), any person
who violates sub. (3) (a) and, in the course of the violation,
causes great bodily harm to another person is required to forfeit
not less than $5,000 nor more than $7,500, except that, if the person knows at the time of the violation that he or she does not possess a valid operator’s license, the person is guilty of a Class I
felony.
5. Except as provided in subd. 2. and sub. (6), any person
who violates sub. (3) (a) and, in the course of the violation,
causes the death of another person is required to forfeit not less
than $7,500 nor more than $10,000, except that, if the person
knows at the time of the violation that he or she does not possess
a valid operator’s license, the person is guilty of a Class H felony.
(c) Any person who violates sub. (3) (b) or (c) may be required to forfeit not more than $100.
(6) OTHER OFFENSES; PENALTIES. Section 343.44 and the
penalties thereunder shall apply in lieu of this section to any person operating a motor vehicle upon a highway in this state with an
operator’s license which is revoked or suspended.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.