Wednesday, October 16, 2013

Nonresident Driver

By: Jamie Weare Notsheep Barker
12502. (a) The following persons may operate a motor vehicle in this state without obtaining a driver’s license under this code:

(1) A nonresident over the age of 18 years having in his or her immediate possession a valid driver’s license issued by a foreign jurisdiction of which he or she is a resident, except as provided in Section 12505.

(2) A nonresident, 21 years of age or older, if transporting hazardous material, as defined in Section 353, in a commercial vehicle, having in his or her immediate possession, a valid license with the appropriate endorsement issued by another state or other jurisdiction that is recognized by the department, or a Canadian driver’s license and a copy of his or her current training certificate to transport hazardous material that complies with all federal laws and regulations with respect to hazardous materials, both of which shall be in his or her immediate possession.

(3) A nonresident having in his or her immediate possession a valid driver’s license, issued by the Diplomatic Motor Vehicle Office of the Office of Foreign Missions of the United States Department of State, for the type of motor vehicle or combination of vehicles that the person is operating. .

(b) Any person entitled to the exemption contained in subdivision (a), while operating, within this state, a commercial motor vehicle, as defined in subdivision (b) of Section 15210, shall have in his or her possession a current medical certificate of a type described in subdivision (c) of Section 12804.9, v1

that has been issued within two years of the date of operation of ( )2 the vehicle.
(c) A nonresident possessing a medical certificate in accordance with subdivision (b) shall comply with any restriction of the medical certificate issued to that nonresident.

(d) This section shall remain in effect only until January 30, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 30, 2014, deletes or extends that date.

Amended and repealed Sec. 2, Ch. 670, Stats. 2012. Effective January 1, 2013. Repeal operative January 30, 2014.
The 2012 amendment added the italicized material, and at the point(s) indicated, deleted the following:
1. "which"
2. "that"

NOTE: The preceding section becomes inoperative on January 30, 2014, at which time the following section becomes operative. The preceding section is repealed January 30, 2014.

12502 (a) The following persons may operate a motor vehicle in this state without obtaining a driver’s license under this code:

(1) A nonresident over the age of 18 years having in his or her immediate possession a valid driver’s license issued by a foreign jurisdiction of which he or she is a resident, except as provided in Section 12505.

(2)A nonresident, 21 years of age or older, if transporting hazardous material, as defined in Section 353, in a commercial vehicle, having in his or her immediate possession, a valid license with the appropriate endorsement issued by another state or other jurisdiction that is recognized by the department, or a Canadian driver’s license and a copy of his or her current training certificate to transport hazardous material that complies with all federal laws and regulations with respect to hazardous materials, both of which shall be in his or her immediate possession.

(3) A nonresident having in his or her immediate possession a valid driver’s license, issued by the Diplomatic Motor Vehicle Office of the Office of Foreign Missions of the United States Department of State, for the type of motor vehicle or combination of vehicles that the person is operating.

(b) (1) A driver required to have a commercial driver’s license under Part 383 of Title 49 of the Code of Federal Regulations who submits a current medical examiner’s certificate to the licensing state in accordance with Section 383.71(h) of Subpart E of Part 383 of Title 49 of the Code of Federal Regulations, documenting that he or she meets the physical qualification requirements of Section 391.41 of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations, is not required to carry on his or her person the medical examiner’s certificate or a copy of that certificate.

(2) A driver may use the date-stamped receipt, given to the driver by the licensing state agency, for up to 15 days after the date stamped on the receipt, as proof of medical certification.

(c) A nonresident possessing a medical certificate in accordance with subdivision (b) shall comply with any restriction of the medical certificate issued to that nonresident.

(d) This section shall become operative on January 31, 2014.

Added Sec. 2.5, Ch. 670, Stats. 2012. Effective January 31, 2014.

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