LRBs0129/2
TNF:mfd:arm
1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 146
May 29, 1997 - Offered by Committee on Labor, Transportation and Financial
Institutions.
SB146-SSA1,1,3
1An Act to renumber and amend 885.237; and
to create 341.042 of the statutes;
2relating to: imposing liability upon the owner of a vehicle for certain vehicle
3registration offenses and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB146-SSA1,1,8
5341.042 Owner's liability for vehicle registration offenses. (1) In this
6section, "violation" means a violation of any of the provisions of s. 341.15 (3) (a) to (c)
7or 341.61 (2) or (3) or, by the operator of a vehicle, of any of the provisions of s. 341.04
8(1) or (2).
SB146-SSA1,1,12
9(2) (a) The owner of a vehicle involved in a violation is liable for the violation
10as provided in this section, except that the owner may be convicted for the violation
11under this section or under any of the provisions of s. 341.04 (1) or (2), 341.15 (3) (a)
12to (c) or 341.61 (2) or (3), but not both.
SB146-SSA1,2,2
1(b)
A traffic officer may proceed under sub. (3) instead of issuing a citation at
2the time of the violation.
SB146-SSA1,2,6
3(3) (a) Within 72 hours after observing the violation, the traffic officer shall
4investigate the violation and may prepare a uniform traffic citation under s. 345.11
5for the violation. If the citation is served, service shall be made within 96 hours after
6the violation was observed.
SB146-SSA1,2,137
(b) Except as provided in par. (c), the citation prepared under par. (a) may be
8personally served upon the owner of the vehicle or, if with reasonable diligence the
9owner cannot be personally served, service may be made by leaving a copy of the
10citation at the owner's usual place of abode within this state in the presence of a
11competent member of the family at least 14 years of age, who shall be informed of the
12contents thereof. Service under this paragraph may be made by any traffic officer
13employed by the authority issuing the citation.
SB146-SSA1,2,1514
(c) The citation prepared under par. (a) may be served by mailing a copy
15addressed to the owner's last-known address by certified mail.
SB146-SSA1,2,18
16(4) (a) Except as provided in par. (b), it is not a defense to a violation subject
17to this section that the owner of the vehicle was not operating the vehicle or in control
18of the vehicle at the time of the violation.
SB146-SSA1,2,1919
(b) The following are defenses to a violation subject to this section:
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1. That a report that the vehicle was stolen was given to a traffic officer before
21the violation occurred or within a reasonable time after the violation occurred.
SB146-SSA1,3,222
2. That the owner of the vehicle provides a traffic officer with the name and
23address of the person operating the vehicle or having the vehicle under his or her
24control at the time of the violation and the person so named admits operating the
1vehicle or having the vehicle under his or her control at the time of the violation. In
2such a case, that person and not the owner shall be charged with the violation.
SB146-SSA1,3,63
3. That the vehicle is owned by a lessor of vehicles and at the time of the
4violation the vehicle was in the possession of a lessee, and the lessor provides a traffic
5officer with the information required under s. 343.46 (3). In such a case, the lessee
6and not the lessor shall be charged with the violation.
SB146-SSA1,3,147
(c) Notwithstanding par. (b) 2. or 3., the owner of a vehicle involved in a
8violation of any of the provisions of s. 341.15 (3) (a) to (c) or 341.61 (2) or (3) for which
9another person was charged under par. (b) 2. or 3. is liable for the violation as
10provided in this section if the owner consented to that person operating the vehicle
11or having the vehicle under his or her control at the time of the violation and the
12owner knew or reasonably should have known that the applicable provisions of s.
13341.15 (3) (a) to (c) or 341.61 (2) or (3) were not being complied with at the time of the
14violation.
SB146-SSA1,3,17
15(5) (a)
A vehicle owner or other person found liable under this section for a
16violation of any of the provisions of s. 341.04 (1) or (2) or 341.15 (3) (a) to (c) may be
17required to forfeit not more than $200.
SB146-SSA1,3,2018
(b) A vehicle owner or other person found liable under this section for a
19violation of any of the provisions of s. 341.61 (2) or (3) may be required to forfeit not
20more than $500.
SB146-SSA1,3,2321
(c) Imposition of liability under this section shall not result in suspension or
22revocation of a person's operating license under s. 343.30, nor shall it result in
23demerit points being recorded on a person's driving record under s. 343.32 (2) (a).
SB146-SSA1, s. 2
24Section
2. 885.237 of the statutes is renumbered 341.02 and amended to read:
SB146-SSA1,4,4
1341.02 Presumption as to operation of motor vehicle. The fact that a
2motor vehicle is located on a highway
, as defined in s. 340.01 (22), is prima facie
3evidence, for purposes of
ch. 341 this chapter, that the motor vehicle has been
4operated on a highway by the owner.
SB146-SSA1,4,76
(1) This act first applies to violations committed on the effective date of this
7subsection.
