Section Trans 117.03 - Eligibility(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.(2) MANDATORY REQUIREMENTS. The department may not issue an occupational license unless all of the following criteria are met:(a) The person is a resident of the state of Wisconsin. Note: See s. 343.06(1) (k), Stats.
(b) The person's license is suspended or revoked. Note: Drivers with cancelled or disqualified licenses are not eligible for occupational licensing. s. 343.10(1) (a), Stats.
(c) The person has filed proof of financial responsibility for the future covering all vehicles the person seeks permission to operate. Note: See s. 343.10(2) (a)2, Stats.
(d) The person has submitted an application containing all materials and information required under s. Trans 117.05.(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.(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. Note: See s. 343.10(2) (e), Stats.
(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. Note: s. 343.38(4), Stats.
(i) The person successfully passes any required examinations. Note: See s. 343.06(1) (f), Stats.
(j) The person is not prohibited from holding an operator's license as a result of conviction for a sex-related offense under s. 343.06(1) (i) or 343.30(2d), Stats.(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. Note: See s., 343.10 (4) (c), Stats.
(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. Note: See s. 343.10(2) (a)1, Stats.
(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. Note: See s. 343.10(2) (a)4, Stats.
(3) MANDATORY RESTRICTIONS. Occupational licenses shall be restricted as follows: (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. Note: See s. 343.10(2) (b), Stats.
(b) No occupational license may include an endorsement if the person's license prior to suspension or revocation did not properly bear the endorsement. Note: See s. 343.10(2) (b), Stats.
(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. Note: See s. 343.10(5) (a)2, Stats.
(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. Note: See s. 343.10(2) (a)2, Stats.
(f) No occupational license may authorize the operation of a school bus or commercial motor vehicle. Note: See ss. 343.10(2) (c) and 343.10(5) (a)1
(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. Note: See ss. 343.10(1) (a) and (5) (a)1
(j) An occupational license shall include all restrictions that applied to the person's basic driver license, including any graduated driver license restrictions. Note: See s. 343.10(5) (a)1, Stats.
(4) DISCRETIONARY PROHIBITIONS. The department may not issue an occupational license to any person who does any of the following: (a) Accumulates 24 or more demerit points in the one year period preceding application.(b) Accumulates 3 or more alcohol offenses on the person's driver record that were committed in the 5 year period preceding application. Note: 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).
(5) DISCRETIONARY RESTRICTIONS. The department may restrict occupational licenses as follows: (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: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.2. A court orders or recommends the person's operating privilege be restricted to vehicles equipped with an ignition interlock device. Note: 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).
(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.Wis. Admin. Code Department of Transportation Trans 117.03
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.See s. 343.10(5) (a), Stats.