LRB-5031/1
PEN&TNF:all:ijs
1997 - 1998 LEGISLATURE
March 5, 1998 - Introduced by
Law Revision Committee. Referred to Committee
on Highways and Transportation.
AB882,2,10
1An Act to repeal 340.01 (61), 341.14 (6m) (b) 2., 341.14 (6r) (g) 2., 341.145 (5) (b),
2341.264 (3), 341.28 (2) (c), 341.28 (4) (d), 341.31 (1) (b) 7., 341.31 (6) and 342.14
3(9);
to amend 70.112 (5), 341.03 (2) (a), 341.04 (3) (a), 341.06 (1) (am), 341.09
4(2m) (a) 1. b., 341.09 (2m) (a) 2., 341.14 (1), 341.14 (1a), 341.14 (1m), 341.14 (1q),
5341.14 (1r) (a), 341.14 (2), 341.14 (6) (a), 341.14 (6m) (a), 341.14 (6m) (b) 1.,
6341.14 (6r) (b) 1., 341.14 (6r) (bg) 1., 341.14 (6r) (g) 1., 341.145 (1) (a), 341.145
7(1) (b), 341.145 (2) (a), 341.145 (5) (a), 341.25 (1) (a), 341.26 (7) (b), 341.264 (1)
8and (2) (a), 341.27 (3) (a), 341.28 (4) (c), 341.308 (2), 341.35 (1), 342.06 (1) (b),
9342.10 (1) (d), 342.15 (4) (a), 342.15 (4) (a), 342.30 (2), 342.34 (1) (c), 342.34 (1)
10(c), 344.25 (2), 344.26 (1), 344.27 (2), 344.31, 344.33 (2), 346.195 (2) (c), 346.205
11(2) (c), 346.457 (2) (c), 346.465 (2) (c), 346.485 (2) (c), 346.505 (3) (b) 3., 346.945
12(2) (c), 348.25 (6) and 422.413 (2);
to repeal and recreate 341.14 (6m) (b),
13341.14 (6r) (g), 341.145 (5) and 341.27 (3) (a); and
to create 341.405 (1m) of the
14statutes;
relating to: station wagons; personalized vehicle registration plates;
1the contents of certificates of vehicle title; proof of financial responsibility for
2future motor vehicle liability; temporary operation plates for leased vehicles;
3the location of vehicle identification numbers; the expiration date of trailer fleet
4registration; credit and plate transfer provisions associated with the
5registration of automobiles; the elimination of certain replacement plate fees;
6registering semitrailers under the international registration plan; proof of
7insurance for annual permits to transport oversize mobile homes; the filing of
8insurance certifications as proof of financial responsibility for the future by
9motor vehicle owners; and granting rule-making authority (suggested as
10remedial 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
1Section
1
. 70.112 (5) of the statutes is amended to read:
AB882,5,52
70.112
(5) Motor vehicles, bicycles, snowmobiles. Every automobile, motor
3bicycle, motor bus, motorcycle, motor truck, moped, road tractor, school bus,
4snowmobile,
station wagon, truck tractor, or other similar motor vehicle, or trailer
5or 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
6Section
2. 340.01 (61) of the statutes is repealed.
AB882, s. 3
7Section
3. 341.03 (2) (a) of the statutes is amended to read:
AB882,5,118
341.03
(2) (a) Any person who violates sub. (1), where the vehicle used is an
9automobile
, station wagon or any other vehicle having a gross weight rating of 10,000
10pounds or less, as determined by the manufacturer of the vehicle, may be required
11to forfeit not more than $200.
AB882, s. 4
12Section
4
. 341.04 (3) (a) of the statutes is amended to read:
AB882,5,1613
341.04
(3) (a) Any person who violates sub. (1) or (2), where the vehicle used
14is an automobile
, station wagon, or any other vehicle having a gross vehicle weight
15rating of 10,000 pounds or less, as determined by the manufacturer of the vehicle,
16may be required to forfeit not more than $200.
AB882, s. 5
1Section
5
. 341.06 (1) (am) of the statutes is amended to read:
AB882,6,52
341.06
(1) (am) A trailer or semitrailer or camping trailer having a gross weight
3of 3,000 pounds or less and not used for hire or rental. The registration fee charged
4under this paragraph shall be the same as
if the trailer or semitrailer were to be used
5for 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.
AB882,6,158
341.09
(2m) (a) 1. b. A state resident who purchases
or leases an automobile,
9station wagon or motor truck having a registered weight of 8,000 pounds or less from
10a person other than the dealer for use on such vehicle if the state resident submits
11to the dealer a complete application for registration of the vehicle, including evidence
12of any inspection under s. 110.20 when required, and for a new certificate of title for
13the a purchased vehicle, together with a check or money order made payable to the
14department for all applicable title, registration, security interest and sales tax
15moneys, 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.
AB882,7,818
341.09
(2m) (a) 2. Notwithstanding subd. 1., the department shall issue a
19sufficient number of temporary operation plates without charge to each dealer
20licensed in this state for issuance under this subdivision. Each dealer shall issue a
1temporary operation plate without charge to any state resident who purchases
or
2leases from the dealer an automobile, station wagon or motor truck having a
3registered weight of 8,000 pounds or less, for use on such vehicle if the state resident
4submits to the dealer a complete application for registration of the vehicle, including
5evidence of inspection under s. 110.20 when required, and for a new certificate of title
6for
the a purchased vehicle, together with a check or money order made payable to
7the department for all applicable title, registration, security interest and sales tax
8moneys, for transmittal to the department by the dealer.
AB882, s. 8
9Section
8
. 341.14 (1) of the statutes is amended to read:
AB882,8,210
341.14
(1) If any resident of this state who is registering or has registered an
11automobile
or station wagon, or a motor truck, dual purpose motor home or dual
12purpose farm truck which has a gross weight of not more than 8,000 pounds, a farm
13truck which has a gross weight of not more than 12,000 pounds or a motor home
14submits a statement once every 4 years, as determined by the department, from the
15U.S. department of veterans affairs certifying to the department that the resident
16is, by reason of injuries sustained while in the active U.S. military service, a person
17with a disability that limits or impairs the ability to walk, the department shall
18procure, issue and deliver to the veteran, plates of a special design in lieu of the plates
19which ordinarily would be issued for the vehicle, and shall renew the plates. The
20plates shall have a light blue background except for a white border not to exceed one
21inch at top and bottom, and blue lettering, except that the word "VET" and the
22identifying number shown on the plates shall be colored red. The plates shall be so
23designed as to readily apprise law enforcement officers of the fact that the vehicle is
24owned by a disabled veteran and is entitled to the parking privileges specified in s.
1346.50 (2). No charge in addition to the registration fee shall be made for the issuance
2or renewal of such plates.
AB882, s. 9
3Section
9. 341.14 (1a) of the statutes is amended to read:
AB882,8,204
341.14
(1a) If any resident of this state, who is registering or has registered an
5automobile
or station wagon, or a motor truck, dual purpose motor home or dual
6purpose farm truck which has a gross weight of not more than 8,000 pounds, a farm
7truck which has a gross weight of not more than 12,000 pounds or a motor home,
8submits a statement once every 4 years, as determined by the department, from a
9physician licensed to practice medicine in any state, from an advanced practice nurse
10licensed to practice nursing in any state, from a physician assistant certified to
11practice in any state, from a chiropractor licensed to practice chiropractic in any state
12or from a Christian Science practitioner residing in this state and listed in the
13Christian Science journal certifying to the department that the resident is a person
14with a disability that limits or impairs the ability to walk, the department shall
15procure, issue and deliver to the disabled person plates of a special design in lieu of
16plates which ordinarily would be issued for the vehicle, and shall renew the plates.
17The plates shall be so designed as to readily apprise law enforcement officers of the
18fact that the vehicle is owned by a nonveteran disabled person and is entitled to the
19parking privileges specified in s. 346.50 (2a). No charge in addition to the
20registration fee shall be made for the issuance or renewal of such plates.
AB882, s. 10
21Section
10. 341.14 (1m) of the statutes is amended to read:
AB882,9,1422
341.14
(1m) If any licensed driver submits to the department a statement once
23every 4 years, as determined by the department, from a physician licensed to practice
24medicine in any state, from an advanced practice nurse licensed to practice nursing
25in any state, from a physician assistant certified to practice in any state, from a
1chiropractor licensed to practice chiropractic in any state or from a Christian Science
2practitioner residing in this state and listed in the Christian Science journal
3certifying that another person who is regularly dependent on the licensed driver for
4transportation is a person with a disability that limits or impairs the ability to walk,
5the department shall issue and deliver to the licensed driver plates of a special design
6in lieu of the plates which ordinarily would be issued for the automobile
or station
7wagon, or motor truck, dual purpose motor home or dual purpose farm truck having
8a gross weight of not more than 8,000 pounds, farm truck having a gross weight of
9not more than 12,000 pounds or motor home, and shall renew the plates. The plates
10shall be so designed as to readily apprise law enforcement officers of the fact that the
11vehicle is operated by a licensed driver on whom a disabled person is regularly
12dependent and is entitled to the parking privileges specified in s. 346.50 (2a). No
13charge in addition to the registration fee may be made for the issuance or renewal
14of the plates. The plates shall conform to the plates required in sub. (1a).
AB882,9,2517
341.14
(1q) If any employer who provides an automobile
or station wagon, or
18a motor truck, dual purpose motor home or dual purpose farm truck which has a
19gross weight of not more than 8,000 pounds, a farm truck which has a gross weight
20of not more than 12,000 pounds or a motor home, for an employe's use submits to the
21department a statement once every 4 years, as determined by the department, from
22a physician licensed to practice medicine in any state, from an advanced practice
23nurse licensed to practice nursing in any state, from a physician assistant certified
24to practice in any state, from a chiropractor licensed to practice chiropractic in any
25state or from a Christian Science practitioner residing in this state and listed in the
1Christian Science journal certifying that the employe is a person with a disability
2that limits or impairs the ability to walk, the department shall issue and deliver to
3such employer plates of a special design in lieu of the plates which ordinarily would
4be issued for the vehicle, and shall renew the plates. The plates shall be so designed
5as to readily apprise law enforcement officers of the fact that the vehicle is operated
6by a disabled person and is entitled to the parking privileges specified in s. 346.50
7(2a). No charge in addition to the registration fee may be made for the issuance or
8renewal of the plates. The plates shall conform to the plates required in sub. (1a).
AB882,10,2311
341.14
(1r) (a) If any resident of this state who is registering or has registered
12an automobile
or station wagon, or a motor truck, dual purpose motor home or dual
13purpose farm truck which has a gross weight of not more than 8,000 pounds, a farm
14truck which has a gross weight of not more than 12,000 pounds or a motor home
15submits a statement once every 4 years, as determined by the department, certifying
16to the department that the vehicle is leased to a person who qualifies for special
17plates under sub. (1) or (1a) together with the information required under sub. (1)
18or (1a), the department shall issue and deliver to the resident, plates of the
19appropriate special design under sub. (1) or (1a) in lieu of the plates which ordinarily
20would be issued for the vehicle, and shall renew the plates. No charge in addition
21to the registration fee shall be made for the issuance or renewal of the plates. No
22plates may be issued and delivered to a resident under this paragraph on or after
23January 1, 1998.
AB882, s. 13
24Section
13. 341.14 (2) of the statutes is amended to read:
AB882,11,12
1341.14
(2) Upon compliance with the laws relating to registration of
2automobiles
, station wagons and motor homes; motor trucks, dual purpose motor
3homes and dual purpose farm trucks which have a gross weight of not more than
48,000 pounds; and farm trucks which have a gross weight of not more than 12,000
5pounds, including payment of the prescribed registration fees therefor plus an
6additional fee of $10 when registration plates are issued accompanied by an
7application showing satisfactory proof that the applicant is the holder of an
8unexpired amateur radio station license issued by the federal communications
9commission, the department shall issue registration plates on which, in lieu of the
10usual registration number, shall be inscribed in large legible form the call letters of
11such applicant as assigned by the federal communications commission. The fee for
12reissuance of a plate under this subsection shall be $10.
AB882, s. 14
13Section
14. 341.14 (6) (a) of the statutes is amended to read:
AB882,11,2514
341.14
(6) (a) Upon application to register an automobile
or station wagon or
15a motor truck or dual purpose farm truck which has a gross weight of not more than
168,000 pounds by any person who was a member of any of the U.S. armed services and
17who was held as a prisoner of war during any of the conflicts described in s. 45.35 (5)
18(e) 2. to 8. or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis
19under s. 45.34, and upon submission of a statement from the U.S. department of
20veterans affairs certifying that the person was a prisoner of war during one of the
21conflicts described in s. 45.35 (5) (e) 2. to 8. or in Bosnia, Grenada, Lebanon, Panama,
22Somalia or a Middle East crisis under s. 45.34, the department shall issue to the
23person a special plate which is colored red, white and blue and which has the words
24"ex-prisoner of war" placed on the plate in the manner designated by the
25department.