AB882: Bill Text

LRB-5031/1

PEN&TNF:all:ijs

1997 - 1998 LEGISLATURE

1997 Assembly BILL 882

March 5, 1998 - Introduced by Law Revision Committee. Referred to Committee on Highways and Transportation.

AB882,2,10 An Act to repeal 340.01 (61), 341.14 (6m) (b) 2., 341.14 (6r) (g) 2., 341.145 (5) (b), 341.264 (3), 341.28 (2) (c), 341.28 (4) (d), 341.31 (1) (b) 7., 341.31 (6) and 342.14 (9); to amend 70.112 (5), 341.03 (2) (a), 341.04 (3) (a), 341.06 (1) (am), 341.09 (2m) (a) 1. b., 341.09 (2m) (a) 2., 341.14 (1), 341.14 (1a), 341.14 (1m), 341.14 (1q), 341.14 (1r) (a), 341.14 (2), 341.14 (6) (a), 341.14 (6m) (a), 341.14 (6m) (b) 1., 341.14 (6r) (b) 1., 341.14 (6r) (bg) 1., 341.14 (6r) (g) 1., 341.145 (1) (a), 341.145 (1) (b), 341.145 (2) (a), 341.145 (5) (a), 341.25 (1) (a), 341.26 (7) (b), 341.264 (1) and (2) (a), 341.27 (3) (a), 341.28 (4) (c), 341.308 (2), 341.35 (1), 342.06 (1) (b), 342.10 (1) (d), 342.15 (4) (a), 342.15 (4) (a), 342.30 (2), 342.34 (1) (c), 342.34 (1) (c), 344.25 (2), 344.26 (1), 344.27 (2), 344.31, 344.33 (2), 346.195 (2) (c), 346.205 (2) (c), 346.457 (2) (c), 346.465 (2) (c), 346.485 (2) (c), 346.505 (3) (b) 3., 346.945 (2) (c), 348.25 (6) and 422.413 (2); to repeal and recreate 341.14 (6m) (b), 341.14 (6r) (g), 341.145 (5) and 341.27 (3) (a); and to create 341.405 (1m) of the statutes; relating to: station wagons; personalized vehicle registration plates; the contents of certificates of vehicle title; proof of financial responsibility for future motor vehicle liability; temporary operation plates for leased vehicles; the location of vehicle identification numbers; the expiration date of trailer fleet registration; credit and plate transfer provisions associated with the registration of automobiles; the elimination of certain replacement plate fees; registering semitrailers under the international registration plan; proof of insurance for annual permits to transport oversize mobile homes; the filing of insurance certifications as proof of financial responsibility for the future by motor vehicle owners; and granting rule-making authority (suggested as remedial legislation by the department of transportation).

Analysis by the Legislative Reference Bureau

Vehicle registration and titling

Current law requires certificates of vehicle title to contain a description of the vehicle, including its make, model and identification number. This bill eliminates the requirement that the vehicle model be included on the certificate of title.

Current law requires that requests for personalized vehicle registration plates be delivered to the department of transportation (DOT) by mail. This bill eliminates this requirement.

Under current law, effective September 1, 1998, a motor vehicle dealer licensed in this state is required to issue temporary operation plates without charge to any state resident who purchases from the dealer an automobile, station wagon or light truck (a truck with a registered gross weight of not more than 8,000 pounds) and submits to the dealer complete applications for registration and titling of the vehicle. Also effective September 1, 1998, the licensed motor vehicle dealer may issue temporary operation plates at a fee of $3 to any state resident who purchases from a person other than a dealer an automobile, station wagon or light truck and submits to the dealer complete applications for registration and titling of the vehicle.

This bill specifies that these provisions of current law also apply to leased vehicles, except that the lessee is not required to submit to the dealer a complete application for titling of the leased vehicle.

Current law prohibits the owner of an automobile that is being registered with DOT from receiving credit for the unused portion of another automobile's registration or transferring that automobile's license plates to the automobile that is being registered if such credit or plate transfer provisions have applied, within the previous 12-month period, to the automobile that is being registered. This bill eliminates this prohibition.

Under current law, DOT collects a fee of $4 whenever such credit or plate transfer provisions are used. This bill eliminates this fee. The bill also eliminates the replacement plate fee of $4 associated with personalized license plates or the loss of eligibility for special group plates.

Proof of financial responsibility

Current law requires DOT to revoke the vehicle operating privilege and motor vehicle registrations of any person who is involved in a motor vehicle accident and who, within 30 days after a court judgment that requires the person to pay to another person (the "judgment creditor") more than $500 for damages arising out of a motor vehicle accident, either fails to satisfy the judgment against the person or fails to appeal the judgment. However, if the judgment creditor consents DOT may allow the person to keep his or her operating privilege and vehicle registrations if the person: 1) provides proof of financial responsibility for the future (proof of the person's financial ability to pay any damages arising out of a motor vehicle accident in the future); and 2) maintains such proof in effect for 3 years after the date of the judgment awarding damages.

This bill requires such a person to maintain proof of financial responsibility for the future in effect for 3 years after the consent agreement between the person and the judgment creditor is filed with DOT, instead of maintaining such proof in effect for 3 years after the entry of judgment.

Currently, if a person required to pay a judgment in excess of $500 for damages arising out of a motor vehicle accident obtains a court order allowing payment of the judgment in instalments, DOT may not revoke the person's operating privilege or vehicle registrations if the person provides proof of financial responsibility for the future. However, the person is not required to provide proof of financial responsibility for the future if 3 years have elapsed since the entry of the judgment. Under this bill, such a person is not required to provide proof of financial responsibility if 3 years have elapsed since the date on which the order permitting payment of the judgment in instalments is filed with DOT.

Also under current law, a person whose operating privilege or vehicle registration is revoked for failing to pay such a judgment may not reinstate the person's operating privilege or vehicle registration unless the person provides and maintains proof of financial responsibility for the future. This requirement does not apply if 3 years have elapsed since the date of entry of the judgment which was the cause for revocation. Under this bill, the requirement to provide proof of financial responsibility as a condition of reinstatement does not apply if 3 years have elapsed since the date on which the judgment of monetary damages was satisfied, stayed or discharged.

Under current law, DOT requires certain motor vehicle operators to furnish proof of financial responsibility for the future with respect to any motor vehicle that will be operated by such persons. A vehicle operator may file a certification of insurance as proof of financial responsibility for the future certifying that there is in effect a motor vehicle liability policy insuring any motor vehicle that will be operated by such person with the permission of the vehicle owner. These certifications of insurance may also be filed by any motor vehicle owner who is required to furnish proof of financial responsibility for the future but such certifications are limited to any motor vehicle that will be operated by such person with the permission of the vehicle owner.

This bill provides that any motor vehicle owner who is required to file proof of financial responsibility for the future with DOT may file a certification of insurance that certifies that there is in effect a motor vehicle liability policy insuring all motor vehicles owned by such person and all persons who will be operating any such vehicle with the permission of its owner.

Vehicle identification numbers

Current law specifies the location at which a vehicle identification number (VIN) assigned by DOT must be permanently affixed. This bill eliminates the statutory locations and requires DOT by rule to specify the locations for VIN placement.

Trailers and semitrailers

Under current law, the owner of a fleet of 100 or more trailers, each having a gross weight of 4,500 pounds or less and used for hire or rental, may register the trailers for a 6-year period ending June 30. This bill eliminates this expiration date, allowing DOT to establish the expiration date.

This bill clarifies that DOT may register semitrailers under the international registration plan for an annual fee of $50 and may issue metal registration plates as evidence of such registration.

Other

Current law allows DOT and local highway authorities to require an applicant for a permit to transport a vehicle of excessive size or weight upon a highway to provide proof of liability insurance for harm or damage caused by transporting the oversize or overweight vehicle. Such proof of insurance is required for an annual permit to transport an oversize mobile home upon a highway.

This bill eliminates the requirement that an applicant for an annual permit to transport an oversize mobile home upon a highway provide proof of liability insurance. DOT and local highway authorities retain the authority to require such insurance for oversize mobile homes whenever DOT or the local highway authority believes such proof of insurance is appropriate.

Current law recognizes a "station wagon" as a distinct vehicle type, but treats that distinct vehicle type as an "automobile". This bill eliminates "station wagon" as a distinct vehicle type.

For further information, see the Notes provided by the law revision committee of the joint legislative council in the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

Law revision committee prefatory note: This bill is a remedial legislation proposal, requested by the department of transportation and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of this bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

AB882, s. 1 Section 1 . 70.112 (5) of the statutes is amended to read:

AB882,5,5 70.112 (5) Motor vehicles, bicycles, snowmobiles. Every automobile, motor bicycle, motor bus, motorcycle, motor truck, moped, road tractor, school bus, snowmobile, station wagon, truck tractor, or other similar motor vehicle, or trailer or semitrailer used in connection therewith.

Note: Sections 1 to 4, 8 to 15, 19 , 20, 24 , 25, 30 , 31, 42 , 47, 48 , 50, 51 , 57 to 63 and 65 eliminate the definition of, and references to, station wagons which exist in the statutes. According to DOT, DOT does not distinguish between automobiles and station wagons for registration purposes, so the definition of "station wagon" serves no useful purpose and should be deleted.

AB882, s. 2 Section 2. 340.01 (61) of the statutes is repealed.

AB882, s. 3 Section 3. 341.03 (2) (a) of the statutes is amended to read:

AB882,5,11 341.03 (2) (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.

AB882, s. 4 Section 4 . 341.04 (3) (a) of the statutes is amended to read:

AB882,5,16 341.04 (3) (a) Any person who violates sub. (1) or (2), where the vehicle used is an automobile, station wagon, or any other vehicle having a gross vehicle 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.

AB882, s. 5 Section 5 . 341.06 (1) (am) of the statutes is amended to read:

AB882,6,5 341.06 (1) (am) A trailer or semitrailer or camping trailer having a gross weight of 3,000 pounds or less and not used for hire or rental. The registration fee charged under this paragraph shall be the same as if the trailer or semitrailer were to be used for hire or rental the fee under s. 341.25 (1) (gd).

Note: Currently, registration of a fleet of 100 or more for-hire small trailers (those with a gross weight of 4,500 pounds or less) is for a 6-year period ending June 30. Sections 5 and 39 eliminate this June 30 expiration date. According to DOT, elimination of this expiration date will allow DOT to consolidate small trailer registration plates with large trailer registration plates, which expire on December 31.

AB882, s. 6 Section 6 . 341.09 (2m) (a) 1. b. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB882,6,15 341.09 (2m) (a) 1. b. A state resident who purchases or leases an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less from a person other than the dealer for use on such vehicle if the state resident submits to the dealer a complete application for registration of the vehicle, including evidence of any inspection under s. 110.20 when required, and for a new certificate of title for the a purchased vehicle, together with a check or money order made payable to the department for all applicable title, registration, security interest and sales tax moneys, for transmittal to the department by the dealer.

Note: Sections 6 and 7 apply the same provisions in current law regarding motor vehicle dealer issuance of temporary license plates to leased vehicles, as well as to purchased vehicles. According to DOT, these changes reflect the current prevalence of vehicle leasing arrangements.

AB882, s. 7 Section 7 . 341.09 (2m) (a) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read: