1999 Wisconsin Act 9

9,2734hed Section 2734hed. 342.06 (1) (eh) of the statutes is created to read:

342.06 (1) (eh) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A certificate of title that is issued in reliance on a statement submitted under this paragraph is invalid if the statement is false.

9,2734hem Section 2734hem. 342.07 (1) of the statutes is renumbered 342.07 (1) (intro.) and amended to read:

342.07 (1) Application for registration of and a new certificate of title for a repaired salvage vehicle must be accompanied by the all of the following:

(a) The required fees, a.

(b) A properly assigned salvage certificate of title or a properly assigned certificate of title by a dealer under s. 342.16 (1) (a) for the vehicle and any.

(c) Any other transfer document required by law, and by the.

(d) The certificate of inspection under sub. (4).

9,2734hep Section 2734hep. 342.07 (2) (a) of the statutes is amended to read:

342.07 (2) (a) To determine whether the vehicle is the same vehicle for which the salvage title in submitted under sub. (1) was issued;

9,2734hf Section 2734hf. 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, except that if the vehicle was last registered in another jurisdiction the make and model contained in the certificate shall be the make and model contained in the last certificate of title issued by the other jurisdiction.

9,2734hg Section 2734hg. 342.14 (1r) of the statutes is amended to read:

342.14 (1r) Upon filing an application under sub. (1) or (3) before the first day of the 2nd month beginning after the effective date of this subsection .... [revisor inserts date], an environmental impact fee of $5, by the person filing the application. Upon filing an application under sub. (1) or (3) on or after the first day of the 2nd month beginning after the effective date of this subsection .... [revisor inserts date], an environmental impact fee of $6, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This subsection does not apply after June 30, 2001.

9,2734hgd Section 2734hgd. 342.15 (2) of the statutes is amended to read:

342.15 (2) Except as provided in s. 342.16 with respect to a vehicle which is not a salvage vehicle, the transferee shall, promptly after delivery to him or her of the vehicle, execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause deliver or mail the certificate and application to be mailed or delivered to the department. A salvage vehicle purchaser shall comply with s. 342.065 (1) (b) (a).

9,2734hgf Section 2734hgf. 342.15 (3) of the statutes is amended to read:

342.15 (3) Except as provided in s. 342.16 with respect to a vehicle which is not a salvage vehicle and as between the parties, a transfer by an owner is not effective until the provisions of this section have been complied with. An owner who has delivered possession of the vehicle to the transferee and has complied with the provisions of this section requiring action by him or her is not liable as owner for any damages thereafter resulting from operation of the vehicle.

9,2734hgh Section 2734hgh. 342.15 (6) of the statutes is amended to read:

342.15 (6) (a) Except as provided in s. 342.16 with respect to a vehicle which is not a salvage vehicle, any transferee of a vehicle who fails to make application for a new certificate of title immediately upon transfer to him or her of a vehicle may be required to forfeit not more than $200. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid.

(b) Except as provided in s. 342.16 with respect to a vehicle which is not a salvage vehicle, any transferee of a vehicle who with intent to defraud fails to make application for a new certificate of title immediately upon transfer to him or her of a vehicle may be fined not more than $1,000 or imprisoned for not more than 30 days or both. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid.

9,2734hgj Section 2734hgj. 342.16 (1) (a) of the statutes is amended to read:

342.16 (1) (a) Except as provided in par. (c), if a dealer acquires a new or used vehicle that is not a salvage vehicle and holds it for resale, or acquires a salvage vehicle that is currently titled as a salvage vehicle and holds it for resale or accepts a vehicle for sale on consignment, the dealer may not submit to the department the certificate of title or application for certificate of title naming the dealer as owner of the vehicle. Upon transferring the vehicle to another person, the dealer shall immediately give the transferee on a form prescribed by the department a receipt for all title, registration, security interest and sales tax moneys paid to the dealer for transmittal to the department when required. The dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate. A nonresident who purchases a motor vehicle from a dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the vehicle in this state unless the dealer determines that a title is necessary to protect the interests of a secured party. The dealer is responsible for determining whether a title and perfection of security interest is required. The dealer is liable for any damages incurred by the department or any secured party for the dealer's failure to perfect a security interest which the dealer had knowledge of at the time of sale.

9,2734hgm Section 2734hgm. 342.16 (1) (c) of the statutes is amended to read:

342.16 (1) (c) Except when all available spaces for a dealer's or wholesaler's reassignment on a certificate of title have been completed or as otherwise authorized by rules of the department, a dealer or wholesaler who acquires a new or used vehicle that is not a salvage vehicle and holds it for resale, or acquires a salvage vehicle that is currently titled as a salvage vehicle and holds it for resale or accepts a vehicle for sale on consignment may not apply for a certificate of title naming the dealer or wholesaler as owner of the vehicle. The rules may regulate the frequency of application by a dealer or wholesaler for transfer of registration or credits for registration from a previously registered vehicle to another vehicle that the dealer or wholesaler intends to register in his or her own name.

9,2734hgo Section 2734hgo. 342.16 (1) (d) of the statutes is amended to read:

342.16 (1) (d) Unless exempted by rule of the department, a dealer or wholesaler who acquires a new or used vehicle that is not a salvage vehicle and holds it for resale or acquires a salvage vehicle currently titled as a salvage vehicle and holds it for resale shall make application for a certificate of title naming the dealer or wholesaler as owner of the vehicle when all of the available spaces for a dealer's or wholesaler's reassignment on the certificate of title for such vehicle have been completed.

9,2734hh Section 2734hh. 342.18 (4) (a) of the statutes is amended to read:

342.18 (4) (a) Whenever application therefor accompanied by the required fee is made by a finance company licensed under s. 138.09 or 218.01, a bank organized under the laws of this state, or a national bank located in this state, and the vehicle in question is a used vehicle for which the department had issued a certificate of title to the previous owner or a vehicle previously registered in another jurisdiction or is a mobile home recreational vehicle.

9,2734hp Section 2734hp. 342.18 (4) (b) of the statutes is amended to read:

342.18 (4) (b) Whenever application therefor accompanied by the required fee is made by any other person and the vehicle in question is a vehicle for which the department had issued a certificate of title to the previous owner or is a vehicle previously registered in another jurisdiction or is a mobile home recreational vehicle and the department is satisfied that the present owner has not operated or consented to the operation of the vehicle since it was transferred to that owner and that he or she understands that the certificate of title merely is evidence of ownership of the vehicle and does not authorize operation of the vehicle on the highways of this state.

9,2734ht Section 2734ht. 342.22 (3) (a) of the statutes is amended to read:

342.22 (3) (a) For a mobile home recreational vehicle, 20 years.

9,2734pd Section 2734pd. 342.30 (2) of the statutes is amended to read:

342.30 (2) An identification number assigned by the department to a mobile home recreational vehicle, 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 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. 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.

9,2734pt Section 2734pt. 343.055 (1) (d) of the statutes is amended to read:

343.055 (1) (d) Recreational vehicle operators. The operator of the commercial motor vehicle is a person operating a motor home, or a vehicle towing a 5th-wheel mobile home or single-unit touring mobile home not exceeding 45 feet in length recreational vehicle and the vehicle or combination, including both units of a combination towing vehicle and the 5th-wheel mobile home or mobile home recreational vehicle, is both operated and controlled by the person and is transporting only members of the person's family, guests or their personal property. This paragraph does not apply to any transportation for hire or the transportation of any property connected to a commercial activity. In this paragraph, "controlled" means leased or owned.

9,2734qd Section 2734qd. 343.06 (1) (cm) of the statutes is created to read:

343.06 (1) (cm) To operate "Class D" vehicles to any person under 18 years of age, unless the person has accumulated at least 30 hours of behind-the-wheel driving experience, at least 10 hours of which were during hours of darkness. Each hour of behind-the-wheel driving experience while accompanied by a qualified instructor, as defined in s. 343.07 (5), shall be considered to be 2 hours of behind-the-wheel driving experience, except that no more than 5 hours of behind-the-wheel driving experience while accompanied by a qualified instructor may be counted in this manner. This paragraph does not apply to applicants for a restricted license under s. 343.08 or a special restricted operator's license under s. 343.135. The department may promulgate rules that waive the requirement of accumulating at least 30 hours of behind-the-wheel experience for qualified applicants who are licensed by another jurisdiction to operate "Class D" vehicles.

9,2734qf Section 2734qf. 343.07 (1) (a) and (b) of the statutes are consolidated, renumbered 343.07 (1) (a) (intro.) and amended to read:

343.07 (1) (a) (intro.) If the permittee is at least 16 years of age, the permittee shall not Except as provided in this subsection, no permittee may operate a motor vehicle unless accompanied by a qualified instructor, or a licensed person with who has at least 2 years of licensed driving experience, who presently holds a valid regular license, occupying as defined in s. 343.03 (3) (a), who occupies the seat beside the permittee. No other passengers are allowed in the vehicle except as provided in par. (c) or (cm). (b) and who is one of the following:

1. A permittee under the age of 16 is restricted to operation of a motor vehicle only while accompanied by a qualified instructor, the who is 19 years of age or older. If the motor vehicle is equipped with dual controls, up to 3 other persons, in addition to the qualified instructor, may occupy seats in the motor vehicle other than the front seat.

2. The permittee's parent or, guardian who meets the other qualifications of par. (a) or a licensed or spouse who is 19 years of age or older. In addition to the parent, guardian or spouse, the permittee's immediate family members may occupy seats in the motor vehicle other than the front seat.

3. A person who is 21 years of age or older who meets the other qualifications of par. (a) and who has. If the permittee is under 18 years of age, this subdivision applies only if the licensed person has been designated in writing to accompany the permittee by the permittee's parent or guardian prior to operation of the vehicle by the permittee. Upon reaching the age of 16, the permittee gains the privilege of any other permittee.

9,2734qh Section 2734qh. 343.07 (1) (bm) of the statutes is created to read:

343.07 (1) (bm) Except as provided in par. (a), no permittee may operate a motor vehicle upon a highway in this state whenever any person is in the motor vehicle.

9,2734qp Section 2734qp. 343.07 (1) (c) of the statutes is repealed.

9,2734qt Section 2734qt. 343.07 (3) of the statutes is amended to read:

343.07 (3) Duration; cancellation. An instruction permit shall be to operate vehicles other than commercial motor vehicles or school buses is valid for 6 12 months except that it may be canceled upon receipt of information, by the secretary, of noncompletion or unsatisfactory completion of a driver education and training course by a permittee under the age of 18. An instruction permit to operate commercial motor vehicles or school buses is valid for 6 months.

9,2734rd Section 2734rd. 343.085 (1) of the statutes is renumbered 343.085 (1) (a) and amended to read:

343.085 (1) (a) Except as provided in par. (b) and sub. (2), the department shall issue a probationary license to all applicants for an original license. The probationary license shall remain in effect during the entire period of the first issuance of the original license as provided in s. 343.20 (1) (a).

9,2734rh Section 2734rh. 343.085 (1) (b) of the statutes is created to read:

343.085 (1) (b) The department may not issue a probationary license to operate "Class D" vehicles under this section to an applicant who is under 18 years of age unless the applicant has held an instruction permit issued under s. 343.07 for not less than 6 months and, during the 6-month period immediately preceding application, has not committed a moving violation, specified by the department by rule, resulting in a conviction. The department may promulgate rules to waive the requirement of holding an instruction permit for not less than 6 months for qualified applicants who are licensed by another jurisdiction to operate "Class D" vehicles.

9,2734rp Section 2734rp. 343.085 (2m) of the statutes is created to read:

343.085 (2m) (a) Except as provided in this subsection, during the 9-month period after issuance of a probationary license under this section, no licensee under 18 years of age may operate a "Class D" vehicle upon a highway in this state:

1. If, in addition to the licensee, the vehicle is occupied by any person other than the following:

a. Any number of members of the licensee's immediate family.

b. A person who meets the requirements under s. 343.07 (1) (a).

c. Not more than one other person not described in subd. 1. a. and b.

2. Between the hours of 12 midnight and 5 a.m., unless the licensee's parent or guardian, or a person who meets the requirements under s. 343.07 (1) (a), occupies the seat beside the licensee, or unless the licensee is traveling between his or her place of residence, school or place of employment.

(am) 1. Paragraph (a) does not apply to any licensee to whom all of the following apply:

a. The licensee is operating the motor vehicle in the service of an organized program that, without compensation, transports teenagers to their homes.

b. The licensee possesses documentation that identifies the program and the licensee and that authorizes the licensee to operate a motor vehicle in service of the program on the date and time of the operation. The documentation is valid only if signed by a person who is at least 25 years of age and associated with the program.

c. The licensee is accompanied by another licensee, other than a teenager who is being transported, who is in the motor vehicle in the service of the program described in subd. 1. a. and who possesses the documentation described in subd. 1. b.

d. The licensee is accompanied by not more than 3 passengers in the vehicle. The licensee described in subd. 1. c. shall not be counted under this subd. 1. d.

2. Paragraph (a) does not apply to any licensee operating the motor vehicle to or from a program described in subd. 1. a., if the licensee possesses documentation described in subd. 1. b. A licensee described in this subdivision may be accompanied by any number of persons also traveling to or from a program described in subd. 1. a.

(ar) Paragraph (a) does not apply to any licensee operating a motor vehicle for emergency purposes.

(b) 1. The department shall extend the restrictions under par. (a) for an additional 6-month period or until the licensee's 18th birthday, whichever occurs earlier, if any of the following occurs while the licensee is subject to the restrictions under par. (a):

a. The licensee commits a moving violation specified by the department by rule, resulting in a conviction of the licensee.

b. The licensee violates par. (a).

c. A court or the department suspends or revokes the licensee's operating privilege for any reason other than a mental or physical disability.

2. If the department extends a restriction period under subd. 1., the department shall immediately provide notice of the extension by 1st class mail to the person's last-known residence address.

(c) A period of restriction under this subsection does not run while a person's operating privilege is suspended or revoked.

(d) The restrictions under this subsection apply until the period of restriction expires or until the licensee reaches 18 years of age, whichever occurs first.

(e) Nothing in this subsection may be construed to create a separate cause of action against the parent or guardian of a probationary licensee under this subsection or against the owner of any vehicle operated by a probationary licensee under this section.

9,2734rs Section 2734rs. 343.085 (3) of the statutes is amended to read:

343.085 (3) The secretary may suspend a person's operating privilege under this section when such person has been assigned sufficient demerit points after conviction for traffic violations to require suspension under the rule adopted under sub. (5) and either holds a license issued under this section or by age comes under this section. The secretary may revoke such a person's operating privilege under this section if such person has a previous suspension under this section. This subsection applies only to a person holding a probationary license issued before the effective date of this subsection .... [revisor inserts date]. This subsection does not apply on or after the first day of the 37th month beginning after the effective date of this subsection .... [revisor inserts date].

9,2734rv Section 2734rv. 343.085 (5) of the statutes is amended to read:

343.085 (5) For the purpose of determining when to suspend or to continue a person on probationary status, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may change such weighted scale from time to time as experience or the accident frequency in the state makes necessary or desirable. Such scale may be weighted differently for this licensee than the scale used to determine revocations under s. 343.32. This subsection applies only to a person holding a probationary license issued before the effective date of this subsection .... [revisor inserts date]. This subsection does not apply on or after the first day of the 37th month beginning after the effective date of this subsection .... [revisor inserts date].

9,2734tu Section 2734tu. 343.14 (2) (b) of the statutes is amended to read:

343.14 (2) (b) The applicant's date of birth, social security number, color of eyes, color of hair, sex, height, weight and race;

9,2734tv Section 2734tv. 343.14 (2) (bm) and (br) of the statutes are created to read:

343.14 (2) (bm) Except as provided in par. (br), the applicant's social security number.

(br) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.

9,2734tw Section 2734tw. 343.14 (2j) (a) of the statutes is amended to read:

343.14 (2j) (a) Subject to any exceptions provided for in a memorandum of understanding entered into under s. 49.857 (2), the department shall deny an application for the issuance or renewal of a license if the applicant has not included his or her social security number in the application, or, if the applicant does not have a social security number, has not included a statement made or subscribed under oath or affirmation that the applicant does not have a social security number in the application.

9,2734tx Section 2734tx. 343.14 (2j) (b) of the statutes is amended to read:

343.14 (2j) (b) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (b) (bm) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

9,2744g Section 2744g. 343.17 (3) (a) 13. of the statutes is created to read: