Free MV3505 Occupational License Information - Wisconsin

OCCUPATIONAL LICENSE INFORMATION
MV3505 5/2009

Wisconsin Department of Transportation

An occupational license is a restricted driver license. Unlike a regular license, you are limited in where and when you can drive. You may only drive to and from work or church or other places indicated on the license and during specific times of the day. You may not use an occupational license for recreational purposes or to operate a commercial motor vehicle. Your total driving time is limited to 12 hours each day and no more than 60 hours for the entire week. If you operate outside those specific hours or for a purpose not permitted on the license, you may be arrested for operating after suspension or revocation. If you need to travel through another state, you need to check to see if they allow operation with a Wisconsin occupational license. All states may not honor a Wisconsin occupational license.

y

Second ­ after 60 days Third or more ­ after 90 days Nonpayment of child support ­ no waiting period

WHO MAY BE ELIGIBLE
If you are a Wisconsin resident, you may be eligible to obtain an occupational license if your operating privilege was revoked or suspended under the following circumstances: y A traffic offense under Ch. 343 Wis. Stats. y A drug conviction under s.961.50 (except juveniles) y Nonpayment of child support under s.767.303 y An Habitual Traffic Offender (HTO) or Repeat Habitual Traffic Offender (RHT) under Ch. 351.

Wisconsin OWI type violations:
y Blood Alcohol Content (BAC) ­ no waiting period
y Wisconsin operating while intoxicated (OWI or PAC)
convictions: First ­ no waiting period Second ­ after 60 days Third or more ­ after 90 days y Causing injury while intoxicated ­ after 60 days y Implied consent refusals: First ­ after 30 days Second ­ after 90 days Third or more ­ after 120 days y Negligent homicide while intoxicated or great bodily harm ­ after 120 days Note: Any two OWI-type violations, including those listed above, within any five-year period may require a one-year waiting period.

EMERGENCY SERVICE PROVIDER
If you are employed by a unit of government, public utility, medical service provider or provide services to one of these, you may be allowed to operate outside the hours listed on your occupational license. When operating at a time not listed on your occupational license, you must be providing lifesustaining services during an emergency. Emergency operation during unlisted hours is only allowed to and from home, work and any emergency site. An emergency service provider must list less than 60 hours for non-emergency operation to allow for driving time during an emergency. Total hours of operation for both emergency (unlisted hours) and non-emergency (listed hours) cannot exceed 12 hours per day/60 per week. If requested by law enforcement, you must be able to prove you are providing life-sustaining service during an emergency when operating during unlisted hours.

WHO IS NOT ELIGIBLE
An occupational license cannot be issued: y If you are a juvenile who committed offenses under Ch. 938. y If you are under suspension for failing to pay a forfeiture (such as a traffic ticket or municipal citation). y If your license has been canceled (rather than revoked or suspended). y If you have never held a driver license. y If you are eligible to reinstate your driver license after revocation or suspension. y If you have two or more revocation/suspension cases from separate incidents in a one-year period. y If you have not served all mandatory waiting periods for an occupational license.

HOW TO APPLY
You may visit the Wisconsin Department of Transportation's Web page www.dot.wisconsin.gov/drivers/online.htm or call our automated telephone system at 608-261-0368 to find out if you are eligible for an occupational license or with any other questions. You apply for an occupational license at the nearest DMV Customer Service Center (excluding DMV Express Offices). Two hours are needed to process an application. Plan to arrive at the DMV Customer Service Center at least two hours before the center is scheduled to close. You need to do the following:

REQUIRED WAITING PERIODS
Some revocation/suspension cases require that you serve a mandatory waiting period before you are eligible for an occupational license. The waiting period begins on the effective date of your revocation/suspension case. If you have multiple revocation/suspension cases, you must serve all waiting periods. The waiting period may vary depending on your previous driving history and the reason for the current revocation/suspension. All revocation/suspension cases require a 15-day waiting period except the following: y Demerit points ­ no waiting period y Underage alcohol operation ­ no waiting period y HTO or Repeat HTO (RHT) ­ after 2 years y Drug Convictions: First ­ no waiting period

y Complete a Wisconsin Driver License Application MV3001
and an Application for Occupational Operator License MV3027. If you are under 18 years old, a sponsor signature is required.

y y y y

y y y

y

Complete necessary tests, including vision screening. Provide proof of your identity, such as an ID with your picture on it or a document with your signature. Provide an SR22 insurance certificate. If DMV does not show your license as revoked or suspended, provide a conviction status report or a photocopy of the front and back of a court completed citation. You may contact the DMV to verify if this document is needed. Pay a $50 fee. Filing an application and paying a fee does not guarantee issuance of an occupational license. If you have two or more OWI convictions and are revoked for OWI, prove you have completed an assessment and are participating in a driver safety plan. If the court ordered you to install an ignition interlock device (IID) in any vehicle you operate (excluding motorcycles and commercial motor vehicles), provide an IID Installation form MV3598 from an approved IID installer. If you have been revoked as an habitual traffic offender (HTO), the circuit court in your county of residence must approve the issuance of your occupational license.

take the court order to a DMV Customer Service Center. If you meet all other eligibility requirements, your occupational license will be issued. If you are denied an occupational license because you have two or more revocation/suspension cases from separate incidents within a one year period, you can petition the circuit court in your county of residence for an occupational license. However, even if the court grants your request for an occupational license, DMV will again deny issuance of an occupational license. The law prohibits issuing an occupational license to a person with two revocation/ suspension cases from separate incidents, within a one year period.

HOW DO I MAKE CHANGES TO MY
OCCUPATIONAL LICENSE

If you need to make any changes to the restrictions on your occupational license, fill out a new Wisconsin Driver License Application MV3001 and an Occupational Operator License Application MV3027 at a DMV Customer Service Center. A $50 nonrefundable fee is required. The $50 fee will be waived one time to change your hours so you may complete your driver safety plan AND you did not list driver safety plan as one of the restrictions on your current occupational license. Any changes other than hours require a $50 fee. If your prior occupational application was approved by the circuit court in the county of your residence, the court must approve any changes. The nonrefundable fee is paid to the court.

AFTER YOU APPLY
DMV staff at the Customer Service Center does a review of your driver record and application to determine if you are eligible for an occupational license. The staff at the Customer Service Center will immediately process most occupational applications. If necessary, they will FAX your application to the DMV in Madison for a complete review of your driver record and application. There, a final determination is made on whether you are eligible for an occupational license. If you are not eligible, you will be notified the license will not be issued and why. Depending upon the hours the Customer Service Center is open, you may receive your occupational license the same day. If it is near the Customer Service Center's closing time or if they need to FAX your application to the DMV in Madison, you may be asked to return the next day or the next time that station is open to have your photo occupational license issued.

HOW DO I GET A DUPLICATE
OCCUPATIONAL LICENSE

If you lost your occupational license or need to change your name or address, you can get a duplicate occupational license. You do not need to fill out a new Occupational Operator License Application MV3027. You need to bring proof of your identity (such as an ID with your picture on it or a document with your signature) and complete a Wisconsin Driver License Application MV3001 for a duplicate license. There is a $14 fee. Questions?
Call the DMV at 608-266-2261 or send e-mail to
[email protected].


WHAT TO DO IF YOUR APPLICATION FOR AN OCCUPATIONAL LICENSE IS DENIED
If you are denied an occupational license because you have 3 OWI type offenses within 5 years, or 24 or more demerit points within one year, and provided all required waiting periods are over, you can petition the circuit court in your county of residence for an occupational license. The petition should include a copy of your driver record, your denial letter from DMV, your occupational application and a nonrefundable fee. You can obtain a copy of your driver record from DMV by calling 608 261-2566 or writing to: Division of Motor Vehicles PO Box 7995 Madison, WI 53707-7995 There is a $5 fee. If the court grants your request for an occupational license,