CHAPTER 345
VEHICLES — CIVIL AND CRIMINAL LIABILITY
GENERAL PROVISIONS
345.01 Words and phrases defined.
CIVIL LIABILITY
345.05 Municipal liability for motor vehicle accidents.
345.06 Owner's liability for act of operator.
345.07 Civil actions by secretary.
345.08 Suit to recover protested tax or fee.
345.09 Service of process on nonresident.
ARRESTS, BAIL, PENALTIES
345.11 Uniform traffic citation.
345.17 Penalty for false statements.
345.18 Sentencing of juveniles.
345.20 General provisions in traffic forfeiture actions.
345.21 Authority to arrest with a warrant.
345.22 Authority to arrest without a warrant.
345.23 Officer's action after arrest without a warrant.
345.24 Officer's action after arrest for driving under influence of intoxicant.
345.255 Deposit after release.
345.27 Information to persons charged.
345.28 Nonmoving violations.
345.285 Alternative traffic violation and registration pilot program.
345.31 Venue in traffic regulation actions.
345.32 Initial appearance before judge.
345.34 Arraignment; pleas.
345.35 Not guilty plea; immediate trial.
345.36 Not guilty plea; continuance; failure to appear.
345.37 Procedure on default of appearance.
345.375 Judgment against a corporation or limited liability company.
345.38 Effect of plea of no contest.
345.41 Motion to dismiss.
345.42 Preliminary proceedings.
345.422 No guardian ad litem.
345.47 Judgment of forfeitures and assessments.
345.48 Reporting pending appeal.
345.49 Procedure on imprisonment; nonpayment of forfeiture or assessments.
345.51 Reopening of default judgment.
345.52 No double prosecution.
345.53 Costs not taxed against plaintiff.
345.55 Traffic officers not to profit from arrests.
345.60 Penalty of compulsory safety school attendance.
345.61 Guaranteed traffic arrest bonds.
GENERAL PROVISIONS
345.01
345.01
Words and phrases defined. Words and phrases defined in
s. 340.01 are used in the same sense in this chapter unless a different definition is specifically provided.
CIVIL LIABILITY
345.05
345.05
Municipal liability for motor vehicle accidents. 345.05(1)(1) In this section the following terms have the designated meanings:
345.05(1)(a)
(a) "Business" means any business whether governmental or proprietary.
345.05(1)(b)
(b) "Governing body" means the county board with reference to counties, the town board with reference to towns, the legislative body of a city or village with reference to cities and villages and the board of any district, center or other municipality with reference to other municipalities enumerated in
par. (c).
345.05(1)(bm)
(bm) "Motor vehicle" does not include a vehicle that is exempt from registration under
s. 341.05.
345.05(1)(c)
(c) "Municipality" means any county, city, village, town, school district (as enumerated in
s. 67.01 (5), sewer district, drainage district and, without restriction because of failure of enumeration, any other political subdivision of the state.
345.05(2)
(2) A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality concerned and the governing body thereof may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality will acquire title.
345.05(3)
(3) A claim under this section shall be filed in the manner, form and place specified in
s. 893.80. The limitations under
s. 893.80 (3) are applicable to a claim under this section, except that the amount recoverable by any person for any damages, injuries or death in any action shall not exceed $250,000.
345.05(4)
(4) In this section, judgments against municipalities shall be certified, filed and collected as provided in
s. 66.09 whether named therein or not.
345.05(5)
(5) If the allowance of claim is by or the judgment is against any municipality lying in more than one town, city, village or county, the governing body of the debtor municipality shall prorate the amount of the claim allowed or the judgment and so certify to the proper officials for tax levy, so that the taxable property of the debtor municipality will equitably bear the amount of the claim or judgment.
345.05 Annotation
Statute is applicable when the injury can be traced to incidents of vehicle operation on the highway rather than any collateral use such as loading. Rabe v. Outagamie County, 72 W (2d) 492, 241 NW (2d) 428.
345.05 Annotation
This section did not apply to injury caused by negligent supervision of bus passengers. Hamed v. Milwaukee County, 108 W (2d) 257, 321 NW (2d) 199 (1982).
345.05 Annotation
Vehicle used to conduct actual business activity of municipality is motor vehicle under (2). Manor v. Hanson, 123 W (2d) 524, 368 NW (2d) 41 (1985).
345.05 Annotation
Compliance with 345.05 is prerequisite for action against municipal employe. Gonzalez v. Teskey, 160 W (2d) 1, 465 NW (2d) 525 (Ct. App. 1990).
345.05 Annotation
Discretionary act immunity under s. 893.80 is inapplicable to s. 345.05 claims. Frostman v. State Farm Mut. Ins. Co. 171 W (2d) 138, 491 NW (2d) 100 (Ct. App. 1992).
345.05 Annotation
Road machinery specifically listed under s. 340.01 (52) is not a motor vehicle under this section regardless of its use. Schanke v. Wisconsin County Mut. Ins. Corp. 177 W (2d) 746, 502 NW (2d) 866 (Ct. App. 1993).
345.05 Annotation
The liability limits of this section do not extend to independent contractors from whom the government entity may have leased or rented a vehicle. The limits only apply where a claim is against the governmental unit based on a motor vehicle accident. Kettner v. Wausau Insurance Cos. 191 W (2d) 724, 530 NW (2d) 399 (Ct. App. 1995).
345.05 Annotation
Action for inadequate supervision of operation and location of county truck involved in collision with defendant's car was an action involving the operation of a motor vehicle. Tso v. Delaney, 969 F (2d) 373 (1992).
345.06
345.06
Owner's liability for act of operator. The owners of every vehicle operating upon any highway for the conveyance of passengers for hire are jointly and severally liable to the party injured for all injuries and damage done by any person in the employment of such owners as an operator, while operating such vehicle, whether the act occasioning such injuries or damage was intentional, negligent or otherwise, in the same manner as such operator would be liable.
345.07
345.07
Civil actions by secretary. In addition to all existing remedies afforded by civil and criminal law, the secretary is authorized to bring civil actions for the recovery of all fees, taxes, interest and penalties to which the state may be entitled by reason of the operation by any person of a motor vehicle upon the highways of this state.
345.07 History
History: 1977 c. 29 s.
1654 (7) (c).
345.08
345.08
Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in
chs. 341 to
349.The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the department of administration shall issue a warrant on the state treasurer for the amount of such tax or fee so adjudged to have been wrongfully collected and the state treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in
s. 775.01.
345.08 History
History: 1977 c. 29 s.
1654 (1);
1979 c. 32 s.
92 (5).
345.09
345.09
Service of process on nonresident. 345.09(1)
(1) The use and operation of a motor vehicle over the highways of this state by a nonresident is deemed an irrevocable appointment by such nonresident of the secretary to be the true and lawful attorney upon whom may be served all legal processes in any action or proceeding against the nonresident or the nonresident's executor, administrator or personal representative, growing out of the use or operation of the motor vehicle in this state and resulting in damage or loss to person or property, whether the damage or loss occurs on a highway or on abutting public or private property. Such appointment is binding upon the nonresident's executor, administrator or personal representative. Such use or operation of a motor vehicle by such nonresident is a signification of the nonresident's agreement that any such process or notice against such nonresident or the nonresident's executor, administrator or personal representative which is so served shall be of the same legal force and validity as if served on them personally.
345.09(2)
(2) The secretary as attorney upon whom processes and notices may be served under this section shall, upon being served with such process or notice, forthwith mail by registered mail a copy thereof to such nonresident at the out-of-state nonresident address given in the papers so served. It is the duty of the party or the party's attorney to certify in the papers so served that the address given therein is the last-known out-of-state nonresident address of the party to be served. In all cases of service under this section there shall be served 2 authenticated copies for the secretary and such additional number of authenticated copies as there are defendants so served in the action. One of the secretary's copies shall be retained for the secretary's record of service and the other copy shall be returned with proper certificate of service attached for filing in court as proof of service of the copies by having mailed them by registered mail to the defendants named therein. The service fee shall be $15 for each defendant so served. The secretary shall keep a record of all such processes and notices, which record shall show the day and hour of service.
345.09(3)
(3) This section applies to a nonresident defendant who was a resident of this state at the time of the accident or occurrence which gave rise to the cause of action sued on.
345.09 Annotation
See note to 801.05, citing Chilcote v. Shertzer, 372 F Supp. 86.
ARRESTS, BAIL, PENALTIES
