1999 Wisconsin Act 80

80,39 Section 39 . 341.308 (2) of the statutes is amended to read:

341.308 (2) The registration of trailers under this section shall be valid for a 6-year period and shall expire on June 30. Upon receipt of an application and the initial registration fees under sub. (3), the department shall issue a registration plate for each trailer. The registration of trailers added to the fleet during the 6-year registration period shall expire on the expiration date of the original fleet registration. If trailers are removed from the fleet during the 6-year registration period, the fleet owner shall dispose of the plates in the manner prescribed by the department.

Note: This Section deletes the June 30 registration expiration date for fleets or small trailers which will allow all trailer registrations to expire on the same date. See also the Note following Section 8.

80,40 Section 40 . 341.31 (1) (b) 7. of the statutes is repealed.

80,41 Section 41 . 341.31 (6) of the statutes is repealed.

80,42 Section 42 . 341.35 (1) of the statutes is amended to read:

341.35 (1) Annual registration fee. In this section "municipality" means a town, village or city and "motor vehicle" means an automobile or station wagon or motor truck registered under s. 341.25 (1) (c) at a gross weight of not more than 8,000 pounds. The governing body of a municipality or county may enact an ordinance imposing an annual flat municipal or county registration fee on all motor vehicles registered in this state which are customarily kept in the municipality or county. A registration fee imposed under this section shall be in addition to state registration fees.

80,43 Section 43 . 341.405 (2m) of the statutes is created to read:

341.405 (2m) The department may register semitrailers under the international registration plan. The department may establish a fee for registration under this subsection based on administrative cost.

80,44 Section 44 . 342.06 (1) (b) of the statutes is amended to read:

342.06 (1) (b) A description of the vehicle, including make, model, identification number and any other information or documentation that the department may reasonably require for proper identification of the vehicle or for determination of the mileage of the vehicle as disclosed by prior transferors.

Note: Sections 44 and 45 eliminate the requirement that the vehicle title include a description of the model of the vehicle. According to DOT, the model name included on the title is currently abbreviated to 3 characters, and the system of abbreviation used by DOT causes confusion among vehicle title holders. According to DOT, because the vehicle model information is stored in DOT's database and is available through on-line inquiry, it is not necessary to show this information on the title document.

80,45 Section 45 . 342.10 (1) (d) of the statutes is amended to read:

342.10 (1) (d) A description of the vehicle, including make, model and identification number.

80,46 Section 46 . 342.14 (9) of the statutes is repealed.

Note: This Section repeals the $4 transfer fee for the transfer of registration or credits for registration to a vehicle currently titled in the name of the applicant.

80,47 Section 47 . 342.15 (4) (a) of the statutes is amended to read:

342.15 (4) (a) If the vehicle being transferred is a motorcycle or an automobile or station wagon registered under s. 341.27 or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, the owner shall remove the registration plates and retain and preserve them for use on any other vehicle of the same type and gross weight which may subsequently be registered in his or her name.

80,48 Section 48 . 342.30 (2) of the statutes is amended to read:

342.30 (2) An Except as provided in this subsection, an identification number assigned by the department to a mobile home, trailer or semitrailer shall be stamped upon the frame in a readily visible location. An identification number assigned to a motor vehicle manufactured prior to January 1, 1969, shall be permanently affixed to a location on the left front pillar. The vehicle identification number for motor vehicles manufactured after January 1, 1969, shall be permanently affixed upon either a part of the vehicle that is not designed to be removed except for repair, or a separate plate which is permanently affixed to such part. The vehicle identification number shall be located inside the passenger compartment and shall be readable, without moving any part of the vehicle, through the vehicle glazing under daylight lighting conditions by an observer having 20/20 vision (Snellen) whose eyepoint is located outside the vehicle adjacent to the left windshield pillar that is readily visible when observed from outside the vehicle, as specified by the department by rule. Identification numbers assigned for cycles shall be stamped on the left side, near the top of the engine casting just below the cylinder barrel. Such stamping or affixing shall be done under the supervision of a dealer, distributor or manufacturer registered under s. 341.51 or under the supervision of a peace officer. The person supervising the stamping or affixing shall make a report thereof to the department.

Note: This Section deletes the requirement that the vehicle identification number be permanently affixed to specific vehicle locations, and instead provides that it shall be permanently affixed to a readily visible location on the vehicle when observed from outside the vehicle, as specified by the department by rule. According to DOT, it is not always practicable to place the vehicle identification number inside the windshield, for example, without removing the windshield. DOT has already established a policy, which allows vehicle identification numbers to be placed in other visible locations. However, some vehicle owners have received citations for improper placement of the identification number because the statute still provides for specific locations. Therefore, DOT states that this change will be more workable and will eliminate confusion that currently exists among law enforcement personnel.

80,49 Section 49 . 342.34 (1) (c) of the statutes is amended to read:

342.34 (1) (c) If the vehicle is a motorcycle or an automobile or station wagon registered under s. 341.27 or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, the owner shall remove the registration plates and retain and preserve them for use on any other vehicle of the same type which may subsequently be registered in his or her name. If the vehicle is not a motorcycle or an automobile or station wagon registered under s. 341.27, or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, he or she shall remove and destroy the plates.

80,50 Section 50 . 343.14 (5) of the statutes is renumbered 343.14 (5) (intro.) and amended to read:

343.14 (5) (intro.) Any No person who uses may use a false or fictitious name in any application for a license or identification card or knowingly makes make a false statement or knowingly conceals conceal a material fact or otherwise commits commit a fraud in an application for any such application may be fined not more than $1,000 or imprisoned for not more than 6 months or both. of the following:

Note: Sections 50 to 53, while making no substantive changes, reorganizes s. 343.14 (5), stats., which provides that any person who uses a false or fictitious name, knowingly makes a false statement, conceals a material fact or commits fraud in an application for a license or identification card may be fined not more than $1,000 or imprisoned for not more than 6 months, or both.

80,51 Section 51. 343.14 (5) (a) of the statutes is created to read:

343.14 (5) (a) A license.

80,52 Section 52. 343.14 (5) (b) of the statutes is created to read:

343.14 (5) (b) An identification card.

80,53 Section 53 . 343.14 (9) of the statutes is created to read:

343.14 (9) Any person who violates sub. (5) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.

80,54 Section 54 . 343.19 (2) of the statutes is renumbered 343.19 (2) (intro.) and amended to read:

343.19 (2) (intro.) Any No person who may knowingly makes make a false statement in an application for a duplicate license or identification card or who fails fail to return the original license or identification card to the department upon finding it or who fails fail to comply with any other requirement of this section may be fined not more than $1,000 or imprisoned for not more than 6 months or both. relating to an application for any of the following:

Note: Sections 54 to 57, while making no substantive changes, reorganizes s. 343.19, stats., which provides that any person who knowingly makes a false statement in an application for duplicate license or identification card or fails to return the original license or identification card to DOT upon finding it or who fails to comply with any other requirement of s. 343.19, stats., relating to an application for a duplicate license or identification card may be fined not more than $1,000 or imprisoned for not more than 6 months, or both.

80,55 Section 55. 343.19 (2) (a) of the statutes is created to read:

343.19 (2) (a) A duplicate license.

80,56 Section 56. 343.19 (2) (b) of the statutes is created to read:

343.19 (2) (b) A duplicate identification card.

80,57 Section 57 . 343.19 (4) of the statutes is created to read:

343.19 (4) Any person who violates sub. (2) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.

80,58 Section 58. 343.50 (4) of the statutes is amended to read:

343.50 (4) Application. The application for an identification card shall include the information required under s. 343.14 (2) (a) and (b) and (2m), such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card and, for applicants who are aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in s. 71.55 (10) (b). The department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations are in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (5) (9).

Note: This Section clarifies that misrepresentations in applications for identification cards under s. 343.50, stats., are in violation of s. 343.14 (5), stats., and are punishable as provided in s. 343.14 (9), stats.

80,59 Section 59 . 344.25 (2) of the statutes is amended to read:

344.25 (2) If the judgment creditor consents in writing in such form as the secretary may prescribe that the judgment debtor be allowed to retain or reinstate the operating privilege and registrations, the same may be allowed by the secretary for 6 months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment or of any instalments thereof as prescribed in s. 344.27, provided the judgment debtor furnishes proof of financial responsibility for the future and maintains such proof at all times when such license and registrations are in effect during a period of 3 years following the entry of the judgment date on which the agreement is filed with the secretary.

Note: Sections 59 to 61 change the requirements for the filing of proof of financial responsibility for the future for the reinstatement of an operating privilege which is revoked due to a judgment for damages having been entered against a motor vehicle operator. Currently, filing proof of financial responsibility for damage judgment revocations is required for 3 years following the entry of the judgment. According to DOT, these changes will make the proof of financial responsibility filing requirement for damage judgment revocations consistent with all other operating privilege revocations and will help ensure that the person is financially responsible prior to reinstatement of the driving privilege.

80,60 Section 60. 344.26 (1) of the statutes is amended to read:

344.26 (1) Subject to the exceptions stated in ss. 344.25 (2) and 344.27 (2), any operating privilege or registration revoked pursuant to s. 344.25 shall remain revoked until every judgment mentioned in s. 344.25 is stayed, satisfied or discharged and, unless 3 years have elapsed since the date of entry of the judgment which was the cause for revocation on which the judgment was stayed, satisfied or discharged, until the person whose operating privilege and registration was revoked furnishes proof of financial responsibility for the future and maintains such proof at all times during such 3-year period when the operating privilege or registration is in effect.

80,61 Section 61 . 344.27 (2) of the statutes is amended to read:

344.27 (2) The secretary shall not revoke the operating privilege or registration and shall restore any operating privilege or registration revoked following nonpayment of a judgment when the judgment debtor obtains such order permitting the payment of the judgment in instalments and, unless 3 years have elapsed since the entry of judgment date on which the order permitting the payment of the judgment in instalments is filed with the secretary, furnishes and maintains proof of financial responsibility for the future.

80,62 Section 62 . 344.31 of the statutes is amended to read:

344.31 Certification of insurance as proof. Proof of financial responsibility for the future may be furnished by filing with the secretary the written certification of any insurer duly authorized to do business in this state that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility or by transmitting such certification to the secretary by another means approved by the secretary. Such certification shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certification and shall certify coverage for any motor vehicle operated by the named insured if the certification is required to be furnished by a vehicle operator or coverage for any motor vehicle owned by the named insured if the certification is required to be furnished by a vehicle owner.

Note: Sections 62 and 63 amend current law regarding the required filing of proof of financial responsibility for the future to require vehicle owners, and not just vehicle operators, to file this proof. 1991 Wisconsin Act 269 made significant changes to Wisconsin's safety responsibility law. One of these changes required vehicle owners to file proof of financial responsibility before reinstatement of suspended or revoked vehicle registrations. This change was not carried over to the statutes requiring the filing of proof of financial responsibility for the future, and these Sections make that change.

80,63 Section 63 . 344.33 (2) of the statutes is amended to read:

344.33 (2) Motor vehicle liability policy. A motor vehicle policy of liability insurance shall insure the person named therein using any motor vehicle with the express or implied permission of the owner, or shall insure any motor vehicle owned by the named insured and any person using such motor vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the maintenance or use of the motor vehicle within the United States of America or the Dominion of Canada, subject to the limits exclusive of interest and costs, with respect to each such motor vehicle as follows: $25,000 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, $50,000 because of bodily injury to or death of 2 or more persons in any one accident, and $10,000 because of injury to or destruction of property of others in any one accident.

80,64 Section 64. 344.46 (1) of the statutes is amended to read:

344.46 (1) No owner of a motor vehicle involved in an accident in this state which is reportable under s. 346.70 shall transfer the ownership or registration of any vehicle whose registration is subject to revocation under s. 344.14 until this chapter until all of the applicable provisions of this chapter has been complied with or until the secretary is satisfied that such transfer is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this chapter.

Note: This Section deletes the reference to s. 344.14, stats., to make s. 344.46 (1), stats., applicable to all revocations that are made under ch. 344, such as ss. 344.08, 344.14 and 344.25, stats.

80,65 Section 65 . 345.17 of the statutes is renumbered 345.17 (1) (intro.) and amended to read:

345.17 (1) (intro.) Unless another civil or criminal penalty is expressly prescribed by law, any no person making may make a false statement to the department or secretary of said department on which such the department or the secretary relies in performing an act, issuing a duplicate title, license or operating privilege, or administering any law which the department or secretary is required by law to administer or perform, shall, on the first offense be required to forfeit not less than $25 nor more than $100; and, on the 2nd and each subsequent offense not less than $100 nor more than $500.:

Note: Sections 65 to 69, while making no substantive changes, reorganizes s. 345.17, stats., which provides that unless another criminal penalty is expressly prescribed by law, any person who makes a false statement on which DOT or the secretary of transportation relies in issuing a duplicate title or a duplicate license or operating privilege or in performing an act or administering a law that the department or secretary is required by law to perform must forfeit not less than $25 nor more than $100 for the first offense and not less than $100 nor more than $500 for the second and each subsequent offense.

80,66 Section 66. 345.17 (1) (a) of the statutes is created to read:

345.17 (1) (a) Issuing a duplicate title.

80,67 Section 67. 345.17 (1) (b) of the statutes is created to read:

345.17 (1) (b) Issuing a duplicate license or operating privilege.

80,68 Section 68. 345.17 (1) (c) of the statutes is created to read:

345.17 (1) (c) Performing an act or administering a law that the department or secretary is required by law to administer or perform.

80,69 Section 69 . 345.17 (2) of the statutes is created to read:

345.17 (2) Any person who violates sub. (1) shall forfeit not less than $25 nor more than $100 for the first offense and shall forfeit not less than $100 nor more than $500 for the 2nd and each subsequent offense.

80,70 Section 70. 346.10 (3) of the statutes is amended to read:

346.10 (3) Outside of a business or residence district, the restrictions which sub. (2) places upon passing at an intersection apply only if such intersection has been is designated by an official traffic sign or signal, regardless of whether such sign or signal was intended to guide, direct, warn or regulate traffic in the direction of travel by a traffic control signal, stop sign, yield sign or sign that warns traffic of existing or potentially hazardous conditions on or adjacent to the roadway.

Note: This Section clarifies that an operator of a motor vehicle may overtake and pass any other vehicle proceeding in the same direction when approaching within 100 feet of or traversing an intersection that is located outside of a business or residential district unless the intersection is designated in the direction of the person's travel by a traffic control signal, stop sign, yield sign or sign that warns traffic of existing or potentially hazardous conditions on or adjacent to the highway.

80,71 Section 71 . 346.195 (2) (c) of the statutes is amended to read:

346.195 (2) (c) Identification of the vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

80,72 Section 72. 346.205 (2) (c) of the statutes is amended to read:

346.205 (2) (c) Identification of the vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

80,73 Section 73. 346.457 (2) (c) of the statutes is amended to read:

346.457 (2) (c) Identification of the vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

80,74 Section 74. 346.465 (2) (c) of the statutes is amended to read:

346.465 (2) (c) Identification of the vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

80,75 Section 75. 346.485 (2) (c) of the statutes is amended to read:

346.485 (2) (c) Identification of the vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

80,76 Section 76. 346.505 (3) (b) 3. of the statutes is amended to read:

346.505 (3) (b) 3. Identification of the vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

80,77 Section 77 . 346.945 (2) (c) of the statutes is amended to read:

346.945 (2) (c) Identification of the motor vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

80,78 Section 78 . 348.25 (6) of the statutes is amended to read:

348.25 (6) The officer or agency authorized by s. 348.26 or 348.27 to issue permits may require the permittee to file proof satisfactory to such officer or agency that personal injury and property damage insurance in an amount considered sufficient by such officer or agency will be in force to cover any claim for bodily injury or property damage which may occur in connection with operation under the permit and for which the permittee is legally responsible. Proof of such insurance shall be required in the case of annual permits for transportation of oversize mobile homes.