Section 343.12. School bus operators to obtain special authorization.

 

(1)  

(a) No person shall operate a school bus without having first applied for and received authorization from the department in the form of a school bus endorsement to the person's valid operator's license.

(b) A motor bus registered in compliance with s. 341.26 (7) and equipped as provided under ss. 347.25 (2) and 347.44 but not transporting children for any purpose is not a school bus within the meaning of this subsection while being used on a highway for purposes other than those specified in s. 340.01 (56) (a) or (am) if the flashing red or flashing red and amber warning lights are not used and all markings on the front and rear of the motor bus indicating that it is a school bus are removed or completely concealed.

(2)  Except as provided in sub. (2m) , the department shall issue or, except as provided in par. (h) , renew a school bus endorsement to a person only if such person meets all of the following requirements:

(a) Subject to sub. (3) , is at least 18 years and not more than 70 years of age.

(c) Holds a valid operator's license issued under this chapter.

(dm) Notwithstanding ss. 111.321 , 111.322 , and 111.335 , has been subject to the background investigation specified in sub. (6) (a) and does not have a record of conviction or of adjudication of delinquency or operating privilege revocation that disqualifies the person from issuance or renewal of a school bus endorsement under sub. (7) or rules promulgated by the department under subs. (7) and (8) .

(em) Is not, based upon the person's application, listed in the registry under s. 146.40 (4g) (a) 2.

(f) Has sufficient use of both hands and the foot normally employed to operate the foot brake and foot accelerator correctly and efficiently. Such use may be substantiated by competent medical proof submitted by the applicant.

(g) Has passed the physical examination required. Physical standards to be met may be established by the department.

(h) Prior to the initial issuance or renewal of the endorsement, takes and passes a special examination prescribed by the department and administered by the department or by a 3rd-party tester under s. 343.16 (1) (b) to determine his or her ability to safely operate a school bus. This special examination may include the examination required under sub. (3) . The department may renew the endorsement without retesting the licensee, except under sub. (3) .

(2m)  The department shall issue a school bus endorsement to a person, authorizing operation of a school bus that is a commercial motor vehicle, only if such person meets all of the requirements specified in sub. (2) and, in addition, meets all of the following requirements:

(a) Has been or is at the same time issued a valid commercial driver license.

(b) Qualifies for the endorsement under s. 343.17 (3) (d) 3. , including passing the knowledge and driving skills tests required for obtaining such an endorsement.

(c) Passes a knowledge test in compliance with the requirements of 49 CFR 383.123 (a) (2).

(d) Passes a driving skills test in compliance with the requirements of 49 CFR 383.123 (a) (3). If the test specified under sub. (2) (h) and s. 343.16 (1) meets the requirements of 49 CFR 383.123 (a) (3), no additional driving skills test is required under this paragraph.

(3)  Notwithstanding sub. (2) (a) and (g) , the department may issue a school bus endorsement under sub. (2) to a person who is more than 70 years of age if the person meets the requirements specified in sub. (2) (c) to (f) and (h) before issuance of the endorsement and annually takes and passes a physical examination prior to issuance or renewal of the endorsement to determine that the person meets the physical standards established under sub. (2) (g) . Notwithstanding sub. (2) (a) and (g) , the department may issue a school bus endorsement under sub. (2m) to a person who is more than 70 years of age if the person meets the requirements specified in subs. (2) (c) to (f) and (h) and (2m) (a) to (d) before issuance of the endorsement and annually takes and passes a physical examination prior to issuance or renewal of the endorsement to determine that the person meets the physical standards established under sub. (2) (g) .

(4)  

(a) Notwithstanding sub. (1) , a person may operate a school bus in this state if the person is a nonresident holding a valid commercial driver license with an “S" endorsement and the school bus is a commercial motor vehicle or, if the school bus is not a commercial motor vehicle, the person is a resident of Iowa, Illinois, Michigan, or Minnesota holding a valid operator's license and any additional endorsements required by the person's home jurisdiction for the operation of a school bus.

(b) The department shall, by rule, establish standards for the employment by an employer of a person under par. (a) as an operator of a school bus in this state. The rules may require the person to meet the qualifications contained in sub. (2) , (2m) , or (3) and any rules of the department applicable to residents, except that the rules shall require the person to meet the qualifications contained in sub. (2) (dm) and (em) . The rules shall also require the employer to perform the actions specified in s. 121.555 (3) (a) 1. and 3.

(6)  

(a) Notwithstanding ss. 111.321 , 111.322 , and 111.335 , prior to the initial issuance or renewal of a school bus endorsement, the department shall conduct a background investigation of the applicant. In conducting the background investigation, the department shall obtain from the records maintained by the department of justice a criminal history search of the applicant. If the applicant has not resided in this state at any time within the 2 years preceding the date of the search, the department shall make a good faith effort to obtain additional criminal history information from any state in which the applicant has resided during this time period or from any other applicable federal or state agency. The department shall record in the applicant's file specified in s. 343.23 (2) (a) the date on which the background investigation was completed.

(b) The department may require an applicant for the initial issuance or renewal of a school bus endorsement to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

(c) The department shall require an applicant for an endorsement under this section to specify on the application whether the applicant is listed in the registry under s. 146.40 (4g) (a) 2.

(d) Notwithstanding ss. 111.321 , 111.322 , and 111.335 , 4 years after the initial issuance or renewal of a school bus endorsement, the department of transportation shall obtain from the records maintained by the department of justice a criminal history search of the person to whom the school bus endorsement is issued and, if applicable, take action under s. 343.20 (1) (d) 2.

(7)  

(a) Notwithstanding ss. 111.321 , 111.322 , and 111.335 , the department may not issue or renew a school bus endorsement if, within the time period specified by the department by rule but not less than 2 years immediately preceding the date of application, the applicant has been convicted of a violation of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

1. Reckless driving under s. 346.62 .

2. Operating a motor vehicle while operating privileges are suspended or revoked or while the operator is disqualified under s. 343.44 (1) (a) , (b) , or (d) .

3. Second-degree reckless homicide under s. 940.06 if the offense results from the operation of a motor vehicle.

4. Homicide by intoxicated use of a vehicle under s. 940.09 (1) .

5. Homicide by negligent operation of a vehicle under s. 940.10 .

6. Injury by intoxicated use of a vehicle under s. 940.25 (1) .

7. Causing injury by operating a motor vehicle under the influence of an intoxicant or other drug under s. 346.63 (2) .

8. Causing injury by operating a commercial motor vehicle with a prohibited alcohol concentration under s. 346.63 (6) .

9. Operating a motor vehicle under the influence of an intoxicant or other drug or with a prohibited alcohol concentration under s. 346.63 (1) .

10. Operating a commercial motor vehicle with a prohibited alcohol concentration under s. 346.63 (5) .

11. Operating a motor vehicle while under the legal drinking age with a prohibited alcohol concentration under s. 346.63 (2m) .

12. Failure to stop and render assistance at the scene of a motor vehicle accident under s. 346.67 (1) (c) .

13. Fleeing from or attempting to elude a traffic officer under s. 346.04 (3) .

14. Operating a commercial motor vehicle or being on duty time while having any alcohol concentration, within 4 hours of consuming alcohol or being intoxicated, or while possessing alcohol under s. 346.63 (7) (a) if the applicant has been previously convicted of any offense under s. 346.63 (7) (a) or any local ordinance in conformity with s. 346.63 (7) (a) or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of s. 346.63 (7) (a) if the applicant had committed the offense in this state and been convicted of the offense under the laws of this state.

(b) Notwithstanding ss. 111.321 , 111.322 , and 111.335 , the department may not issue or renew a school bus endorsement if, within 2 years immediately preceding the date of application, the applicant has had his or her operating privilege revoked under s. 343.305 (10) for refusal to submit to chemical testing or has been convicted in another jurisdiction or had his or her operating privilege in another jurisdiction suspended or revoked under any law of that jurisdiction prohibiting refusal of chemical testing that is comparable to s. 343.305 .

(c) Notwithstanding ss. 111.321 , 111.322 , and 111.335 , the department may not issue or renew a school bus endorsement if, within the time period specified by the department by rule but not less than 5 years immediately preceding the date of application, the applicant has been convicted of a violation of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

1. First-degree intentional homicide under s. 940.01 .

2. First-degree reckless homicide under s. 940.02 .

3. Felony murder under s. 940.03 .

4. Second-degree intentional homicide under s. 940.05 .

5. Assisting suicide under s. 940.12 .

6. Felony battery under s. 940.19 (2) , (4) , (5) , or (6) .

7. Sexual exploitation by a therapist under s. 940.22 (2) .

8. Felony sexual assault under s. 940.225 (1) , (2) , or (3) .

9. Abuse of a vulnerable adult under circumstances constituting a felony under s. 940.285 (2) .

10. Abuse of a resident of a penal facility under s. 940.29 .

11. Abuse or neglect of a patient or resident under circumstances constituting a felony under s. 940.295 .

11m. Trafficking under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

12. Sexual assault of a child under s. 948.02 (1) or (2) .

13. Engaging in repeated acts of sexual assault of the same child under s. 948.025 .

14. Physical abuse of a child under s. 948.03 (2) .

14m. Engaging in repeated acts of physical abuse of the same child under s. 948.03 (5) .

15. Sexual exploitation of a child under s. 948.05 .

15m. Trafficking a minor under s. 948.051 .

16. Causing a child to view or listen to sexual activity under s. 948.055 .

17. Incest with a child under s. 948.06 .

18. Child enticement under s. 948.07 .

19. Use of a computer to facilitate a child sex crime under s. 948.075 .

20. Soliciting a child for prostitution under s. 948.08 .

20m. Sexual assault of a child placed in substitute care under s. 948.085 .

21. Sexual assault of a student by a school instructional staff person under s. 948.095 .

22. Felony exposing a child to harmful material or harmful descriptions or narrations under s. 948.11 (2) (a) or (am) .

23. Possession of child pornography under s. 948.12 .

24. Child sex offender working with children under s. 948.13 (2) .

25. Neglecting a child under circumstances constituting a felony under s. 948.21 .

26. Abduction of a child under s. 948.30 .

27. Any felony crime in the commission of which a motor vehicle is used other than those crimes specified in this paragraph or par. (b) .

(d) Notwithstanding ss. 111.321 , 111.322 , and 111.335 , the department may not issue or renew a school bus endorsement if the applicant has been adjudicated delinquent on or after his or her 12th birthday for committing any crime or other offense specified under pars. (a) to (c) or by the department by rule under this subsection within the time period specified under pars. (a) to (c) or by the department by rule under this subsection.

(8)  

(a) The department shall promulgate rules specifying crimes or other offenses, in addition to those specified in sub. (7) , the conviction for which, or adjudication of delinquency for which, disqualifies the applicant from initial issuance or renewal of a school bus endorsement and, for each such crime or offense, the time period within which the disqualification applies. The time period may be permanent but may not be less than the time period specified in sub. (7) (a) to (c) for a crime or other offense specified in sub. (7) (a) to (c) . The disqualifying crimes or other offenses specified by the department shall apply notwithstanding ss. 111.321 , 111.322 , and 111.335 and shall include crimes under chs. 940 and 944 .

(b) Notwithstanding ss. 111.321 , 111.322 , and 111.335 , the department may promulgate rules specifying any registry maintained by an agency of the state related to a person being reported or investigated for criminal activity, in addition to the registry specified in sub. (6) (c) , the listing of the applicant on which disqualifies the applicant from initial issuance or renewal of a school bus endorsement.

(c) The department shall promulgate rules to implement and administer this section, including all of the following:

1. For each disqualifying crime or offense specified in sub. (7) (a) and (c) , the time period within which the disqualification applies.

2. Procedures for obtaining additional criminal history information in compliance with sub. (6) (a) for applicants who have not resided in this state at anytime in the preceding 2 years. The department may by rule establish fees for obtaining such information that are not greater than the fees charged to the department in connection with acquiring such information.

(9)  Any person who violates sub. (1) shall be:

(a) Fined not less than $200 nor more than $600 and may be imprisoned for not more than 6 months or both for the first such offense.

(b) Fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months for the 2nd offense occurring within 3 years.

(c) 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.

1971 c. 213 s. 5 ; 1973 c. 174 , 218 ; 1975 c. 19 , 199 ; 1977 c. 29 s. 1654 (7) (a) ; 1977 c. 125 ; 1977 c. 193 s. 17 ; 1977 c. 273 , 418 , 447 ; 1981 c. 71 ; 1981 c. 334 s. 25 (1) ; 1983 a. 175 , 459 , 480 ; 1985 a. 337 ; 1987 a. 3 ; 1989 a. 105 , 176 , 359 ; 1991 a. 39 , 277 ; 1993 a. 16 ; 1995 a. 113 ; 2003 a. 33 , 280 , 326 , 327 ; 2005 a. 253 , 277 ; 2007 a. 116 ; 2013 a. 96 ; 2015 a. 366 . Cross-reference: See also ch. Trans 112 , Wis. adm. code. Standards under sub. (2) (g) are not exempt from requirements under s. 111.34 (2) (b). Bothum v. DOT, 134 Wis. 2d 378 , 396 N.W.2d 785 (Ct. App. 1986).