Wisconsin Legislature: Trans 195.02(13s)

Trans 195.08 Verification of records.

Trans 195.10 Contractual accounts and billing service.

Trans 195.11 Direct access to DMV databases.

Note: Chapter MVD 15 as it existed on May 31, 1986 was repealed and a new chapter Trans 195 was created effective June 1, 1986.

Trans 195.01 Purpose and scope.

(1) As authorized by s. 227.11, Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 19.32 to 19.37, 341.17, 342.09, and 343.24, Stats., relating to fees and procedures for searches and documentation of division of motor vehicle records.

(2) This chapter applies to any person wishing to obtain information, copies, certification, or verification of division of motor vehicle records.

History: Cr. Register, May, 1986, No. 365, eff. 6-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384.

Trans 195.02 Definitions. In this chapter:

(1) “Agency code” means a number assigned by the department to a requester after a monthly contractual account is established.

(2) “Certification” means the authentication and identification of divisional records certified as correct in accordance with s. 909.02, Stats.

(3) “Certificate of search” means an authentication in writing that the appropriate records of the division were searched, but the specific record was not found, or was not available because the record was purged, destroyed, or was not reproducible.

(4) “Computer” means the same as defined in s. 943.70 (1) (am), Stats.

(5) “Computer network” means the same as defined in s. 943.70 (1) (b), Stats.

(6) “Computer supplies” means the same as defined in s. 943.70 (1) (dm), Stats.

(7) “Computer system” means the same as defined in s. 943.70 (1) (e), Stats.

(7m) “Confidential information” means information that is restricted or prohibited from disclosure by state or federal law.

(8) “Data” means the same as defined in s. 943.70 (1) (f), Stats.

(9) “Division” means the division of motor vehicles in the department of transportation.

(10) “Driver identification number” means a number assigned by the division to a driver record using the individual’s name, sex, and date of birth.

(11) “Duplicate” means the same as defined in s. 910.01 (4), Stats.

(12) “File” means an individual vehicle or driver license record.

(12g) “Highly restricted personal information” has the same meaning as defined in 18 USC s. 2725(4).

(12r) “Individual vehicle or driver license record” means computer-stored data relating to a single individual, a single non-individual customer, or a single vehicle, and includes information such as driver license incidents, name changes, prior vehicle ownership, and similar information.

(13) “Original” means the same as defined in s. 910.01 (3), Stats.

(13e) “Personal identifier” has the same meaning as defined in s. 85.103 (1), Stats.

(13m) “Personal information” has the same meaning as defined in 18 USC s. 2725(3).

(13s) “Personally identifiable information” has the same meaning as defined in s. 19.62 (5), Stats.

(14) “Photocopy” means the mechanical or chemical reproduction of one side, or a portion of any one side, of an original record.

(15) “Record” means the same as defined in s. 19.32 (2), Stats.

(15g) “Records in bulk” means compilation of more than 10 individual vehicle or driver license records provided at one time.

(15r) “Redaction” means separating and restricting access to personal identifiers, personally identifiable information, personal information, highly restricted personal information, and confidential information from records.

(16) “Requester” means the same as defined in s. 19.32 (3), Stats.

(17) “Search” means a review of the appropriate records of the division in order to establish the presence or absence of a particular record.

(18) “Verification of search” means to declare in writing, without certification, that the appropriate vehicle title and vehicle registration records of the division were searched.

History: Cr. Register, May, 1986, No. 365, eff.6-1-86; CR 07-064: cr. (7m), (12g), (12r), (13e), (13m), (13s), (15g) and (15r), am. (12) Register November 2007 No. 623, eff. 12-1-07; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register November 2007 No. 622.

Trans 195.03 Requesting search of driver records.

(1) A request for a search of an individual driver record may be made from the following information provided by the requester or with a contractual account established under s. Trans 195.10:

(a) Complete 14 digit driver identification number, or

(b) Complete name, date of birth, sex, or

(c) All of the information in pars. (a) and (b), in which case the name will be used if the record does not match the driver identification number furnished, or

(d) Sufficient information from par. (b) to identify the correct record.

(2) A requester may not perform the search of records identified in this section.

History: Cr. Register, May, 1986, No. 365, eff. 6-1-86; CR 07-064: am. (1) (intro.) Register November 2007 No. 623, eff. 12-1-07.

Trans 195.04 Requesting search of vehicle title and registration records.

(1) A request for a search of an individual vehicle title and registration record may be made from the following information provided by the requester in person, in writing, or by telephone with a contractual account established under s. Trans 195.10:

(a) Identification number of vehicle, or

(b) Number of title certificate identifying vehicle, or

(d) Name and address of owner, or

(e) Name of owner, and year and make of vehicle.

(2) Each vehicle located from the information as identified in sub. (1) (d) shall constitute a single record.

History: Cr. Register, May, 1986, No. 365, eff. 6-1-86; CR 07-064: am. (1) (intro.) Register November 2007 No. 623, eff. 12-1-07.

Trans 195.05 Requesting documentation of other records.

(1) Requests for the documentation of other division records or data may be in writing, in person, or with a contractual account established under s. Trans 195.10.

(2) Fees for other division records or data such as notices, uniform traffic citations, motor vehicle accidents, records in bulk, transcripts, orders, or applications shall be established under s. Trans 195.09.

History: Cr. Register, May, 1986, No. 365, eff. 6-1-86; CR 07-064: am. (2) Register November 2007 No. 623, eff. 12-1-07.

Trans 195.06 Determination of the methodology for the search or documentation of appropriate records.

(1) The methodology used for the search or documentation of records shall be determined by the department.

(2) No records identified in this chapter may be removed from the department’s premises without the approval of the department.

History: Cr. Register, May, 1986, No. 365, eff. 6-1-86; CR 07-064: r. (2) to (4), renum. (5) to be (2) Register November 2007 No. 623, eff. 12-1-07.

Trans 195.07 Certification of records.

(1) A certification may consist of:

(a) A search of division records and data sufficient to identify the specific information requested.

(b) A typewritten chronological listing of events that led to the issuance or denial of a vehicle title, vehicle registration, driver’s license, business license or other records and data.

(d) A certification form containing information as described in s. 909.02, Stats.

(2) A certificate of search shall be provided where records or data are not available because they were purged, destroyed, not located, or not reproducible.

(3) A letter of transmittal may be included with certifications of vehicle title records, vehicle registration records, business records, or other division records and data, which may explain vehicle laws, processing procedures, billing requirements or other information.

History: Cr. Register, May, 1986, No. 365, eff. 6-1-86.

Trans 195.08 Verification of records.

(1) A verification of records shall be performed only for vehicle title or vehicle registration records identified under s. Trans 195.04.

(2) A verification of records may consist of:

(a) A search of division records and data sufficient to identify the specific information requested.

(b) A verification form containing information described in par. (a).

(d) A copy or photocopy of appropriate record information.

History: Cr. Register, May, 1986, No. 365, eff. 6-1-86.

Trans 195.09 Fees.

(1) The fee for the search of each file or individual record identified in ss. Trans 195.04 and 195.05 shall be $5.00.

(3) The fee for each page of a copy, photocopy, or duplicate of an original record shall be $.25.

(4) The fee for each typewritten page as identified in s. Trans 195.05 (2) shall be $2.00.

(5) The fee for each certification of records as identified in s. Trans 195.07 shall be $5.00.

(6) The fee for each verification of records as identified in s. Trans 195.08 shall be $5.00.

(7) The minimum fee for any contractual telephone account established under s. Trans 195.10 shall be $30.00 per month.

(8) The requester shall pay all fees necessary to install and maintain the requester’s photocopy equipment and supplies used on the department’s premises.

(9) The fee for redaction of records will be computed by adding the central processing unit and staff time to separate personal identifiers, personally identifiable information, personal information, highly restricted personal information, and confidential information from records. Redaction fees may be charged only for records in bulk, and only if they exceed $50.