CHAPTER 345
VEHICLES — CIVIL AND CRIMINAL LIABILITY
SUBCHAPTER I
GENERAL PROVISIONS
345.01 Words and phrases defined.
SUBCHAPTER II
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.
SUBCHAPTER III
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.
345.36 Not guilty plea; 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, costs, fees, and surcharges.
345.48 Reporting pending appeal.
345.49 Procedure on imprisonment; nonpayment of forfeiture, costs, fees, or surcharges.
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)(am)
(am) “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, sewer district, drainage district, commission formed by a contract under s.
66.0301 (2), 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 of the municipality 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.
66.0117 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
This section is applicable when the injury can be traced to incidents of vehicle operation on the highway rather than a collateral use such as loading. Rabe v. Outagamie County,
72 Wis. 2d 492,
241 N.W.2d 428 (1976).
345.05 Annotation
This section did not apply to an injury caused by negligent supervision of bus passengers. Hamed v. Milwaukee County,
108 Wis. 2d 257,
321 N.W.2d 199 (1982).
345.05 Annotation
Though owned by the driver and not the county, a vehicle used to conduct actual business activity of a municipality is a motor vehicle under sub. (2). Manor v. Hanson,
123 Wis. 2d 524,
368 N.W.2d 41 (1985).
345.05 Annotation
Compliance with this section is a prerequisite for an action against a municipal employee. Gonzalez v. Teskey,
160 Wis. 2d 1,
465 N.W.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 Wis. 2d 138,
491 N.W.2d 100 (Ct. App. 1992).
345.05 Annotation
A machine specifically included in the list of road machinery 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 Wis. 2d 746,
502 N.W.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 if a claim is against the governmental unit based on a motor vehicle accident. Kettner v. Wausau Insurance Cos.
191 Wis. 2d 724,
530 N.W.2d 399 (Ct. App. 1995).
345.05 Annotation
An action for inadequate supervision of operation and location of a county truck involved in a collision with the defendant's car was an action involving the operation of a motor vehicle. Tso v. Delaney,
969 F.2d 373 (1992).
345.05 Annotation
Broken Windshields and Busted Mailboxes: Municipal Liability for Motor Vehicle Negligence. Bauman. Wis. Law. Nov. 2002.
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 secretary of administration shall pay from the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected. 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.
