344.02(2)
(2) No law enforcement officer or other witness called by the person who has requested a hearing to testify on his or her behalf may be paid a witness fee by the department. No law enforcement officer called as a witness for the department may be paid any witness fee.
344.02(3)
(3) Upon completion of the hearing, the department shall make findings of fact, conclusions of law, and a decision, and shall either proceed to order revocation of the person's operating privilege, or registrations, or both, and may also order the impoundment of the person's motor vehicle, in accordance with
s. 344.14, or upon good cause appearing therefor, shall terminate the proceedings.
Effective date note
NOTE: Sub. (3) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(3) Upon completion of the hearing, the department shall make findings of fact, conclusions of law, and a decision, and shall either proceed to order suspension of the person's operating privilege, or registrations, or both, and may also order the impoundment of the person's motor vehicle, in accordance with s. 344.14, or upon good cause appearing therefor, shall terminate the proceedings.
344.02(4)
(4) The time during which enforcement of an order of revocation or impoundment is stayed pending completion of court review thereof shall not be included as part of the one-year period fixed by
s. 344.18 (1) (d) for revocation or the period fixed under
s. 344.185 (2) (a) or
(b) for impoundment.
Effective date note
NOTE: Sub. (4) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(4) The time during which enforcement of an order of suspension or impoundment is stayed pending completion of court review thereof shall not be included as part of the one-year period fixed by s. 344.18 (1) (d) for suspension or the period fixed under s. 344.185 (2) (a) or (b) for impoundment.
344.02 Annotation
Hearing procedures satisfy due process; person's minimal property interest is balanced by state's interest in procedures, which carry little risk of erroneous deprivation. Kopf v. State, 158 W (2d) 208, 461 NW (2d) 813 (Ct. App. 1990).
344.03
344.03
Judicial review. 344.03(1)(1) Any person aggrieved by a final decision of the department under this chapter may, at any time prior to 30 days after the entry of an order of suspension, revocation or impoundment, seek judicial review under
ch. 227.
344.03(2)
(2) If any person aggrieved by a decision of the department under this chapter fails to seek judicial review under
ch. 227 within the time allowed in
sub. (1), the circuit court may, upon the person's petition and notice to the department, and upon the terms and within a time as the court deems reasonable, but not later than one year after the act complained of or, in the case of an impoundment, after the vehicle has been ordered sold under
s. 344.185 (2), allow a review with the same effect as though done within the time prescribed in
sub. (1). This subsection does not authorize the court to stay suspension or revocation of an operator's license.
344.04
344.04
Power of court to stay revocation of registration or impoundment of vehicles. 344.04(1)
(1) Notwithstanding any other provision of this chapter, the secretary shall not revoke the registration of a vehicle when ordered not to do so by the court wherein the judgment for damages was had or, in a case not involving a judgment, when ordered not to do so by a court pursuant to petition of the registrant in accordance with
sub. (2).
344.04(2)
(2) Upon receiving information, other than of a judgment for damages in a court of this state, that would be cause for revocation of registration or impoundment of the vehicle, the secretary shall notify the registrant of the intention to revoke such registration or impound the vehicle. The registrant may thereupon petition any court of record in the registrant's county for an order enjoining the secretary's contemplated action, whereupon the judge of such court shall grant an order restraining the secretary in the matter until the petition is finally determined by the court. If such petition and order are served upon the secretary within 10 days after the date of the secretary's notice or in any event before the secretary has revoked the registration or impounded the vehicle, the secretary shall await the final determination of the court. The secretary shall be given notice of the hearing. Upon a showing that it would result in undue hardship upon the petitioner to have any such registration revoked or the vehicle impounded, the court shall issue an order restraining the secretary from revoking the registration or impounding the vehicle.
344.04(3)
(3) This section does not authorize a court to stay revocation of an operator's license.
Effective date note
NOTE: This section is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
344.04 Power of court to stay suspension of registration or impoundment of vehicles. (1) Notwithstanding any other provision of this chapter, the secretary shall not suspend the registration of a vehicle when ordered not to do so by the court wherein the judgment for damages was had or, in a case not involving a judgment, when ordered not to do so by a court under petition of the registrant in accordance with sub. (2).
Effective date text
(2) Upon receiving information, other than of a judgment for damages in a court of this state, that would be cause for suspension of registration or impoundment of the vehicle, the secretary shall notify the registrant of the intention to suspend such registration or impound the vehicle. The registrant may thereupon petition any court of record in the registrant's county for an order enjoining the secretary's contemplated action, whereupon the judge of such court shall grant an order restraining the secretary in the matter until the petition is finally determined by the court. If such petition and order are served upon the secretary within 10 days after the date of the secretary's notice or in any event before the secretary has suspended the registration or impounded the vehicle, the secretary shall await the final determination of the court. The secretary shall be given notice of the hearing. Upon a showing that it would result in undue hardship upon the petitioner to have any such registration suspended or the vehicle impounded, the court shall issue an order restraining the secretary from suspending the registration or impounding the vehicle.
Effective date text
(3) This section does not authorize a court to stay suspension or revocation of an operator's license.
344.05
344.05
Courts to report nonpayment of certain judgments. 344.05(1)(1) If a judgment in excess of $500 for damages arising out of a motor vehicle accident is not satisfied within 30 days after its having become final by expiration without appeal of the time within which an appeal might have been taken or by final affirmation on appeal, the clerk of the court in which the judgment was rendered, or the judge if the court has no clerk, shall forthwith forward to the secretary a certified copy of the judgment upon request of the judgment creditor or the attorney of record for the judgment creditor.
Effective date note
NOTE: Sub. (1) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(1) If a judgment of $500 or more for damages arising out of a motor vehicle accident is not satisfied within 30 days after its having become final by expiration without appeal of the time within which an appeal might have been taken or by final affirmation on appeal, the clerk of the court in which the judgment was rendered, or the judge if the court has no clerk, shall immediately forward to the secretary a certified copy of the judgment upon request of the judgment creditor or the attorney of record for the judgment creditor.
344.05(2)
(2) If the defendant named in any certified copy of a judgment reported to the secretary is a nonresident, the secretary shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registration certificates of the state of which the defendant is a resident.
344.05 History
History: 1977 c. 29 s.
1654 (7) (c);
1981 c. 20; Sup. Ct. Order, 146 W (2d) xiii (1988);
1997 a. 84.
344.07
344.07
Responsibility law not to prevent other process. Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.
344.08
344.08
Revocation for failure to report accident. 344.08(1)(1) The secretary may revoke the operating privilege or registration of any person who fails to report an accident as required by
s. 346.70 or to give correctly the information requested by the secretary in connection with such report unless, in the judgment of the secretary, there was excusable cause for such failure or unless the accident did not result in injury or damage to the person or property of anyone other than the person so required to report.
344.08(2)
(2) Any operating privilege revoked under this section, or revoked under any other section for failure to report an accident, shall be reinstated in accordance with
s. 344.09 at the end of one year following the effective date of the revocation order if, during such one-year period, no notice of action has been filed with the department in the manner specified in
s. 344.18 (1) (d).
344.08(3)
(3) The provisions of this chapter requiring revocation for failure to report an accident apply to any operating privilege suspended pursuant to s.
344.08, 1989 stats., for failure to report an accident.
Effective date note
NOTE: This section is affected eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
344.08 Suspension for failure to report accident. (1) The secretary may suspend the operating privilege or registration of any person who fails to report an accident as required by s. 346.70 or to give correctly the information requested by the secretary in connection with such report unless, in the judgment of the secretary, there was excusable cause for such failure or unless the accident did not result in injury or damage to the person or property of anyone other than the person so required to report.
Effective date text
(2) Any operating privilege suspended or revoked under this section, or suspended or revoked under any other section for failure to report an accident, shall be reinstated in accordance with s. 344.09 at the end of one year following the effective date of the suspension or revocation order if, during such one-year period, no notice of action has been filed with the department in the manner specified in s. 344.18 (1) (d).
344.09
344.09
Reinstatement of revoked operating privilege and registration. 344.09(1)(1) Whenever the secretary is satisfied that the reason for revocation of an operating privilege under this chapter has been removed, including satisfaction of any of the requirements of
s. 344.18, the secretary shall order reinstatement of the operating privilege. The department shall give notice of the reinstatement to the person whose operating privilege has been revoked in the manner it deems appropriate.
344.09(2)
(2) Whenever an operating privilege revoked pursuant to this chapter is reinstated, any registration which was revoked along with the operating privilege is reinstated and the department shall return any surrendered and unexpired registration plate in its possession.
Effective date note
NOTE: Section 344.09 (title), (1) and (2) are amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
344.09 Reinstatement of operating privilege and registration. (1) Whenever the secretary is satisfied that the reason for suspending or revoking an operating privilege under this chapter has been removed, including satisfaction of any of the requirements of s. 344.18, the secretary shall order reinstatement of the operating privilege. The department shall give notice of the reinstatement to the person whose operating privilege was suspended or revoked in the manner it deems appropriate. The order reinstating a suspended operating privilege has the same effect as an automatic reinstatement under s. 343.39.
Effective date text
(2) Whenever an operating privilege suspended or revoked under this chapter is reinstated, any registration that was suspended or revoked along with the operating privilege is reinstated and the department shall return any surrendered and unexpired registration plate in its possession.
344.09(3)
(3) Nothing in this section exempts a person from the applicable reinstatement fees under
s. 341.36 or
343.21 or from complying with applicable provisions of
s. 343.38.
SECURITY FOR PAST ACCIDENTS
344.12
344.12
Applicability of provisions relating to deposit of security for past accidents. Subject to the exceptions contained in
s. 344.14, the provisions of this chapter requiring deposit of security and requiring revocation for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person in excess of $1,000.
Effective date note
NOTE: This section is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
344.12 Applicability of provisions relating to deposit of security for past accidents. Subject to the exceptions contained in s. 344.14, the provisions of this chapter requiring deposit of security and requiring suspension for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person of $1,000 or more.
344.12 Annotation
Wisconsin's safety responsibility law. FitzGerald. WBB Feb. 1984.
344.13
344.13
Secretary to determine amount of security required following accident and to give notice thereof. 344.13(1)(1) The secretary after receipt of a report of an accident of the type specified in
s. 344.12 shall determine, with respect to such accident, the amount of security which is sufficient in the secretary's judgment to satisfy any judgment for damages resulting from such accident which may be recovered against either operator or owner of the vehicles involved in such accident. Such determination shall be based upon the total property damage suffered by other persons whose property was involved in the accident, not including the vehicle a person was operating when such operation was with the owner's permission, and on the extent of personal injuries, including deaths, involving other parties to the accident. The determination as to the amount of security required shall not be made with respect to operators or owners who are exempt from the requirements of security and revocation under
s. 344.14 (2).
344.13(2)
(2) The secretary shall determine the amount of security required to be deposited by each person on the basis of the accident reports or other information submitted. In addition to the accident reports required by law, the secretary may request from any of the persons, including passengers and pedestrians, involved in such accident such further information, sworn statements or other evidence relating to property damage, personal injury or death in motor vehicle accidents as deemed necessary to aid in determining the amount to be deposited as security under
s. 344.14. Failure of a person to comply with such request is grounds for revoking such person's operating privilege but no revocation shall be made on such grounds until one follow-up request has been made and at least 20 days have elapsed since the mailing of the first request.
344.13(3)
(3) The secretary within 90 days after receipt of a report of an accident of the type specified in
s. 344.12 and upon determining the amount of security to be required of any person involved in such accident or to be required of the owner of any vehicle involved in such accident, shall give at least 10 days' written notice to every such person of the amount of security required to be deposited by the person. The notice also shall state that an order of revocation will be made as provided in
s. 344.14, unless within such time security is deposited as required by the notice. The order of revocation may be made a part of the notice, with a provision that it will take effect on the date specified in this subsection unless security is deposited prior to that date.
Effective date note
NOTE: This section is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
344.13 Secretary to determine amount of security required following accident and to give notice thereof. (1) The secretary after receipt of a report of an accident of the type specified in s. 344.12 shall determine, with respect to such accident, the amount of security which is sufficient in the secretary's judgment to satisfy any judgment for damages resulting from such accident which may be recovered against either operator or owner of the vehicles involved in such accident. Such determination shall be based upon the total property damage suffered by other persons whose property was involved in the accident, not including the vehicle a person was operating when such operation was with the owner's permission, and on the extent of personal injuries, including deaths, involving other parties to the accident. The determination as to the amount of security required shall not be made with respect to operators or owners who are exempt from the requirements of security and suspension under s. 344.14 (2).
Effective date text
(2) The secretary shall determine the amount of security required to be deposited by each person on the basis of the accident reports or other information submitted. In addition to the accident reports required by law, the secretary may request from any of the persons, including passengers and pedestrians, involved in such accident such further information, sworn statements or other evidence relating to property damage, personal injury or death in motor vehicle accidents as deemed necessary to aid in determining the amount to be deposited as security under s. 344.14. Failure of a person to comply with such request is grounds for suspending such person's operating privilege but no suspension shall be made on such grounds until one follow-up request has been made and at least 20 days have elapsed since the mailing of the first request.
Effective date text
(3) The secretary within 90 days after receipt of a report of an accident of the type specified in s. 344.12 and upon determining the amount of security to be required of any person involved in such accident or to be required of the owner of any vehicle involved in such accident, shall give at least 10 days' written notice to every such person of the amount of security required to be deposited by the person. The notice also shall state that an order of suspension will be made as provided in s. 344.14, unless within such time security is deposited as required by the notice. The order of suspension may be made a part of the notice, with a provision that it will take effect on the date specified in this subsection unless security is deposited prior to that date.
344.13 Annotation
Requirements under (3) that secretary give notice within 90 days is directory, not mandatory. Warner v. Department of Transp. 102 W (2d) 232, 306 NW (2d) 266 (Ct. App. 1981).
344.14
344.14
Revocation for failure to deposit security; impoundment of vehicle; exceptions. 344.14(1)
(1) If a person who was given notice pursuant to
s. 344.13 (3) fails to deposit security in the amount and by the time specified in the notice, the secretary shall forthwith revoke the person's operating privilege if the person was the operator of a motor vehicle involved in the accident and all the person's registrations if the person was the owner of a motor vehicle involved in the accident unless the person furnishes proof satisfactory to the secretary that the person comes within one of the exceptions set forth in
sub. (2). If the owner and operator are separate persons, only one of them need deposit security or the 2 persons may cooperate in depositing security. Upon request of the owner or operator in question, the secretary may postpone the effective date of a revocation under this section not to exceed 20 days.
Effective date note
NOTE: Section 344.14 (title) and (1) are amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
344.14 Suspension for failure to deposit security; impoundment of vehicle; exceptions. (1) If a person who was given notice under s. 344.13 (3) fails to deposit security in the amount and by the time specified in the notice, the secretary shall immediately suspend the person's operating privilege if the person was the operator of a motor vehicle involved in the accident and all the person's registrations if the person was the owner of a motor vehicle involved in the accident unless the person furnishes proof satisfactory to the secretary that the person comes within one of the exceptions set forth in sub. (2). If the owner and operator are separate persons, only one of them need deposit security or the 2 persons may cooperate in depositing security. Upon request of the owner or operator in question, the secretary may postpone the effective date of a suspension under this section not to exceed 20 days.
344.14(1g)
(1g) The secretary shall refuse registration of any vehicle owned by a person whose registration has been revoked under
sub. (1).
Effective date note
NOTE: Sub. (1g) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(1g) The secretary shall refuse registration of any vehicle owned by a person whose registration has been suspended or revoked under sub. (1).
344.14(1m)
(1m) In addition to the revocations under
sub. (1), the secretary may order the impoundment of any motor vehicle which is:
Effective date note
NOTE: Sub. (1m) (intro.) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(1m) In addition to the suspensions under sub. (1), the secretary may order the impoundment of any motor vehicle which is:
344.14(1m)(a)
(a) Registered in the name of the owner of the motor vehicle involved in the accident.
344.14(1m)(b)
(b) Registered in the name of the operator of the motor vehicle involved in the accident.
344.14(2)(a)
(a) To the owner of a motor vehicle involved in an accident if the owner had in effect at the time of the accident a policy or bond with respect to such motor vehicle, which policy or bond complies with the requirements of
s. 344.15.
344.14(2)(b)
(b) To the operator who is not the owner of the vehicle involved in the accident if either the owner had in effect a policy or bond applying to the operator's operation of the motor vehicle at the time of the accident or there was in effect at the time of the accident a policy or bond with respect to the operator's operation of motor vehicles not owned by the operator, which policy or bond meets the requirements of
s. 344.15.
344.14(2)(c)
(c) To the operator or owner whose liability for damages resulting from the accident is, in the judgment of the secretary, covered by any other form of liability insurance policy or bond meeting the requirements of
s. 344.15.
344.14(2)(d)
(d) To any person qualifying as a self-insurer under
s. 344.16 or to any person operating a vehicle for such self-insurer.
344.14(2)(e)
(e) To the operator or owner of a vehicle involved in an accident wherein no injury was caused to the person of anyone other than such operator or owner and wherein damage to property of any one person other than such operator or owner did not exceed $1,000.
Effective date note
NOTE: Par. (e) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(e) To the operator or owner of a vehicle involved in an accident wherein no injury was caused to the person of anyone other than such operator or owner and wherein damage to property of any one person other than such operator or owner did not equal or exceed $1,000.
344.14(2)(f)
(f) To the operator or owner of a vehicle legally parked at the time of the accident, provided that the operators of the other vehicles involved admit that such vehicle was legally parked or other proof establishing such fact to the secretary's satisfaction is filed.
344.14(2)(g)
(g) To the owner of a vehicle if, at the time of the accident, the vehicle was being operated without the owner's permission, express or implied, or was parked by a person who had been operating such vehicle without such permission.
344.14(2)(h)
(h) To any person who would otherwise have to deposit security if, prior to the date the secretary would otherwise revoke the person's operating privilege and registrations under
sub. (1) or order the impoundment of the motor vehicle under
sub. (1m), there is filed with the secretary evidence satisfactory to the secretary that the person has been released from liability or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in instalments with respect to all claims for injuries or damage resulting from the accident. The secretary may accept a release from liability executed by a parent as natural guardian on behalf of a minor child with respect to property damage or personal injuries sustained by the minor, provided that the total damages, including the cost of medical care, do not exceed $5,000 and that, in case of personal injury, the doctor's certificate of injury filed with the department certifies that the minor received no permanent injury.
Effective date note
NOTE: Par. (h) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(h) To any person who would otherwise have to deposit security if, prior to the date the secretary would otherwise suspend the person's operating privilege and registrations under sub. (1) or order the impoundment of the motor vehicle under sub. (1m), there is filed with the secretary evidence satisfactory to the secretary that the person has been released from liability or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in instalments with respect to all claims for injuries or damage resulting from the accident. The secretary may accept a release from liability executed by a parent as natural guardian on behalf of a minor child with respect to property damage or personal injuries sustained by the minor, provided that the total damages, including the cost of medical care, do not exceed $5,000 and that, in case of personal injury, the doctor's certificate of injury filed with the department certifies that the minor received no permanent injury.
344.14(2)(i)
(i) To the owner of a vehicle insured as required by
s. 121.53,
194.41 or
194.42 or to the operator of such vehicle if operating with the owner's permission at the time of the accident.
344.14(2)(j)
(j) To the owner of a vehicle involved in an accident if at the time of the accident such vehicle was owned by or leased to the United States, this state or any county or municipality of this state, or to the operator of such vehicle if operating such vehicle with permission.
