Vol. 73, No. 2, February 2000

Legislative Watch

OAR and OWS Law
Changes Begin

On Jan. 1, 2000, the Department of Transportation put into effect several changes made as part of the Operating After Revocation Law rewrite, 1997 Wis. Act 84. More changes will become effective on May 1, 2000, and the remaining portions of the law will go into effect in 2001.

By John Sobotik

1997 Wis. Act 84 completely rewrote Wisconsin's Operating After Revocation and Suspension laws. The changes made are so extensive that DOT needed to completely replace some of its aging computer systems. In order to accommodate DOT in this regard, the Legislature gave DOT authority to set effective dates for provisions in Act 84 as its computer systems became ready for the change.¹ A good number of changes have now been put into effect, and more changes will be implemented later this spring.

In August 1998, DOT put into effect Act 84 provisions related to habitual traffic offender status calculation. As of Jan. 1, 2000, DOT put into effect most of Act 84 provisions related to the suspension or revocation of driver licenses. DOT expects to implement the changes to section 343.44 (the actual OAR law) on May 1, 2000, and the remaining portions of Act 84 by May 1, 2001.

Simplified Charging System

Under current law, whether a driver is subject to civil or criminal penalties for operating a motor vehicle after suspension or revocation of his or her operating privilege, depends on the reason the person's privilege was suspended or revoked. Act 84 will eliminate the need to determine the reason for a suspension or revocation. Instead, penalties apply based on whether a person's privilege is in a suspended or revoked status. Persons who operate while suspended are subject to civil penalties. Persons who operate while revoked and have one or more prior OAR violations face criminal penalties. For an interim period, from the effective date of the new law until May 1, 2002, first offense OAR violators are subject to civil penalties.² Thereafter, even first offense OAR violators will be subject to criminal penalties. DMV hopes to implement these changes on May 1 of this year.

New law specifies applicable sanctions. In order to make this simplified charging system work, the Legislature needed to make choices about whether to suspend or revoke operating privileges for most driving offenses. Under prior law, courts and DOT generally had authority to either suspend or revoke the privilege. Because of the significant difference in treatment between drivers in suspended or revoked status, the new law specifies which sanction applies. For most offenses, the operating privilege sanction, if any, is a suspension. Revocation action is reserved for very serious anti-social driving behavior such as drunk driving, refusing chemical tests, hit and run, eluding police, and repeated operating after suspension. DOT's notice in the Dec. 1, 1999, administrative register puts into effect most of the Legislature's choices in this regard.

It is worth noting that these changes are different, but not necessarily more lenient toward bad drivers. For example, more than 21,000 first offense drunk drivers will face license revocation instead of suspension upon conviction when Act 84 is fully implemented in 2001. (As under current law, proof of financial responsibility will not be required of those drivers.)

Statutory requirements supersede judicial orders. A complete list of the affected statutory sections accompanies this note. As of Jan. 1, 2000, drivers committing any of the
offenses listed will be subject only to the operating privilege sanction permitted by the statutes as amended by 1997 Wis. Act 84. Judicial orders in conflict with these statutory requirements will be implemented consistent with these changes in the law. For example, DOT will suspend the operating privilege of a driver convicted of a nondriving juvenile alcohol violation if it receives an order to revoke that privilege under section 125.07 of the Wisconsin Statutes.

The other major provisions of Act 84 being put into effect are related to the length of suspensions imposed for nonpayment of fees, fines, and forfeitures. Where prior law called for five-year suspensions, 1997 Act 84 reduced those periods to two years. Where DMV receives judicial orders for five-year suspensions, it will impose the two-year suspension authorized by the newly amended statutes rather than return the order.

Conclusion

Many of the provisions of 1997 Wis. Act 84 that specify whether an operating privilege should be suspended or revoked for particular driving offenses have been put into effect as of Jan. 1, 2000. DOT expects to put the changes in 1997 Wis. Act 84 related to the offenses of operating after suspension, revocation, or disqualification into effect on May 1, 2000. Judicial orders in conflict with these new statutory provisions will be implemented consistent with the new statutory scheme.

Endnotes

¹ Wis. Stat. § 85.515.

² 1997 Wis. Act 237 § 2751.

John Sobotik, U.W. 1985, is assistant general counsel of the Wisconsin Department of Transportation.