(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.