AB312: Bill Text

LRB-1815/2

PEN:kmg:kaf

1995 - 1996 LEGISLATURE

1995 Assembly BILL 312

April 13, 1995 - Introduced by Representatives Otte, Brandemuehl, Ryba, Lehman, Baumgart, Musser, Riley, Schneiders, Duff, Ainsworth, Owens, Green, Notestein, Goetsch, Kreibich, Olsen, Gard, Ladwig, F. Lasee, Seratti, Skindrud, Albers, Grothman, Hubler and Ott, cosponsored by Senators Petak, Panzer and Buettner. Referred to Committee on Highways and Transportation.

AB312,1,5 An Act to repeal 344.47; to amend 341.61 (2) and 341.61 (3); and to create 341.03 and 341.61 (4) of the statutes; relating to: operating a motor vehicle with a suspended, revoked or canceled registration, possessing fraudulently or unlawfully obtained evidence of a motor vehicle registration and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, no person may drive a motor vehicle if the registration for that vehicle has been suspended or revoked for failure to comply with the financial responsibility laws of this state relating to motor vehicles. Any person who violates this prohibition is subject to a forfeiture of not less than $50 nor more than $200.

This bill eliminates this provision of state law. Instead, the bill prohibits any person from driving a motor vehicle if the registration for that vehicle is suspended, revoked or canceled for any reason. The penalty for a violation of these prohibitions is a forfeiture of not more than $200 or, if the motor vehicle weighs more than 10,000 pounds, a forfeiture of not more than $500. A violator who did not know, and had no reason to know, that the registration was suspended is not subject to a forfeiture.

Also under current law, no person may alter the appearance of a license plate or registration sticker, or display a license plate on any vehicle except the vehicle for which the plate is issued. The bill prohibits any person from possessing or displaying on a vehicle a license plate or registration sticker that was fraudulently or unlawfully obtained. The penalty for a violation of this prohibition is a forfeiture not to exceed $500.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB312, s. 1 Section 1. 341.03 of the statutes is created to read:

AB312,2,7 341.03 Operating vehicle after suspension, revocation or cancellation of registration. (1) Prohibition. No person may operate or knowingly permit the operation of a motor vehicle if the registration for that vehicle is suspended, revoked or canceled under s. 144.42 (6) (d) or 342.255, ch. 344 or this chapter, or if the registration for that vehicle is suspended, canceled or revoked under the law of another jurisdiction.

AB312,2,11 (2) Penalties. (a) Any person who violates sub. (1), where the vehicle used is an automobile, station wagon or any other vehicle having a gross weight rating of 10,000 pounds or less, as determined by the manufacturer of the vehicle, may be required to forfeit not more than $200.

AB312,2,13 (b) Any person who violates sub. (1), where the vehicle used is a vehicle not enumerated under par. (a), may be required to forfeit not more than $500.

AB312,2,16 (3) Defenses. (a) 1. It is a defense to a violation of sub. (1) that the person did not know, and had no reason to know, that the motor vehicle registration was suspended, revoked or canceled at the time of the violation.

AB312,3,2 2. Refusal to accept or failure to receive an order of suspension, revocation or cancellation mailed by the department to the person's last-known address shall not be a defense to a violation of sub. (1). If the person has changed his or her address and fails to notify the department as required in s. 343.22, then failure to receive notice of suspension, revocation or cancellation shall not be a defense to a violation of sub. (1).

AB312,3,4 (b) This section does not apply if operating the motor vehicle was made necessary by a situation of emergency, as determined by the court.

AB312, s. 2 Section 2. 341.61 (2) of the statutes is amended to read:

AB312,3,7 341.61 (2) Displays upon a vehicle a registration plate, insert tag or decal not issued for such vehicle or not otherwise authorized by law to be used thereon.

AB312, s. 3 Section 3. 341.61 (3) of the statutes is amended to read:

AB312,3,14 341.61 (3) Wilfully twists, paints, alters or adds to or cuts off any portion of a registration plate, insert tag or sticker decal; or who places or deposits, or causes to be placed or deposited on such plate, insert tag or sticker decal any substance to hinder the normal reading of such plate; or who defaces, disfigures, covers, obstructs, changes or attempts to change any letter or figure thereon; or who causes such plate, insert tag or sticker decal to appear to be a different color.

AB312, s. 4 Section 4. 341.61 (4) of the statutes is created to read:

AB312,3,17 341.61 (4) Possesses a fraudulently or unlawfully obtained motor vehicle registration plate, insert tag or decal or other evidence of registration.

AB312, s. 5 Section 5. 344.47 of the statutes is repealed.

AB312,3,19 (End)