344.18(1m)(a)(a) Unless 3 years have elapsed since the date that a requirement under
sub. (1) (a),
(b),
(c) or
(d) has been met, the person whose registration was suspended or revoked under
sub. (1) or whose operating privilege or registration was suspended under s.
344.14, 1989 stats., shall file with the department proof of financial responsibility in the amount, form and manner specified in this chapter. The person shall maintain the proof of financial responsibility at all times for 3 years following reinstatement or renewal of the registration while the registration of any vehicle owned by the person is in effect or, for suspension of operating privilege, for 3 years following reinstatement or renewal of the license while the license is in effect.
344.18(1m)(b)
(b) This subsection applies as a condition precedent to renewal or reinstatement of an operating privilege or registration suspended under s.
344.14, 1989 stats.
344.18(3)
(3) If there is any default in the payment of any instalment under a duly acknowledged written agreement, the secretary, upon notice of such default given in no event later than 30 days after the time for final instalment, shall forthwith revoke the registrations of the defaulting person, which revocation shall remain in effect until the fee required under
s. 341.36 (1m) has been paid, the requirement under
par. (a) or
(b) has been met and the requirements of
sub. (3m) are satisfied, and shall forthwith revoke the operating privilege of the defaulting person, which revocation shall remain in effect until the fee required in
s. 343.21 (1) (j) has been paid, the applicable provisions of
s. 343.38 have been complied with and one of the following requirements has been met:
344.18(3)(b)
(b) One year has elapsed since the effective date of the revocation order and, during such period, no notice has been filed with the secretary by any claimant that an action was commenced by a party in interest. The notice required by this paragraph shall comply with
sub. (1) (d).
344.18(3m)(a)(a) Unless 3 years have elapsed since the date that a requirement under
sub. (3) (a) or
(b) has been met, the person whose registration was suspended or revoked under
sub. (3) or whose operating privilege or registration was suspended under s.
344.18 (3), 1989 stats., shall file with the department proof of financial responsibility in the amount, form and manner specified in this chapter. The person shall maintain the proof of financial responsibility at all times for 3 years following reinstatement or renewal of the registration while the registration of any vehicle owned by the person is in effect or, for suspension of operating privilege, for 3 years following reinstatement or renewal of the license while the license is in effect.
344.18(3m)(b)
(b) This subsection applies as a condition precedent to renewal or reinstatement of an operating privilege or registration suspended under s.
344.18 (3), 1989 stats.
344.18(3r)
(3r) The secretary shall refuse registration of any vehicle owned by a person whose registration has been revoked under
sub. (3).
344.18(4)
(4) The secretary shall not revoke, as required by
sub. (3), if the defaulting person has made payments to the extent specified in
s. 344.15 (1) with reference to the acceptable limits of a policy or bond.
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
344.18 Duration of suspension for failure to deposit security. (1) Any registration suspended or revoked under s. 344.14 shall remain suspended or revoked and shall not be renewed or reinstated until the person pays the fee required under s. 341.36 (1m), meets one of the requirements under pars. (a) to (d) and satisfies the requirements of sub. (1m). Any operating privilege suspended or revoked under s. 344.14 shall remain suspended or revoked and shall not be reinstated until the person pays the fee required under s. 343.21 (1) (j), complies with the applicable provisions of s. 343.38 and meets any of the following requirements:
344.18 Note
(a) The person whose operating privilege or registration was suspended or revoked deposits the security required under s. 344.14.
344.18 Note
(b) There is filed with the secretary evidence satisfactory to the secretary that the person whose operating privilege or registration was suspended or revoked has been released from liability or has been finally adjudicated not to be liable. The secretary may accept a release executed by a parent on behalf of a minor child only if the release satisfies the requirements specified in s. 344.14 (2) (h).
344.18 Note
(c) There is filed with the secretary evidence satisfactory to the secretary that the person whose operating privilege or registration was suspended or revoked has executed a duly acknowledged written agreement in accordance with s. 344.14 (2) (h) and subject to sub. (3).
344.18 Note
(d) One year has elapsed since the effective date of the suspension or revocation order and, during such period, no notice has been filed with the secretary by any claimant that an action was commenced by a party in interest. If the action was commenced in a court of record, the notice required by this paragraph shall include a certified copy of the summons and complaint or counterclaim or cross-complaint and proof of service filed therein. In all cases of service under s. 345.09, an additional notice and service must be made under this chapter to avail oneself of the provisions of this chapter.
344.18 Note
(1m) (a) Unless 3 years have elapsed since the date that a requirement under sub. (1) (a), (b), (c) or (d) has been met, the person whose operating privilege or registration was suspended or revoked under s. 344.14 shall file with the department and maintain in effect proof of financial responsibility in the amount, form and manner specified in this chapter.
344.18 Note
(b) This subsection applies as a condition precedent to reinstatement of an operating privilege or registration suspended or revoked under s. 344.14.
344.18 Note
(3) If a person defaults in the payment of any instalment under a duly acknowledged written agreement, the secretary, upon notice of such default given in no event later than 30 days after the time for final instalment, shall immediately suspend the registrations and operating privilege of the defaulting person. A suspension or revocation of registration under this subsection shall remain in effect until the person pays the fee required under s. 341.36 (1m), meets the requirement under par. (a) or (b) and satisfies the requirements of sub. (3m). A suspension or revocation of an operating privilege under this subsection shall remain in effect until the person pays the fee required in s. 343.21 (1) (j), complies with the applicable provisions of s. 343.38 and meets any of the following requirements:
344.18 Note
(a) Such person deposits the security required under s. 344.14.
344.18 Note
(b) One year has elapsed since the effective date of the suspension or revocation order and, during such period, no notice has been filed with the secretary by any claimant that an action was commenced by a party in interest. The notice required by this paragraph shall comply with sub. (1) (d).
344.18 Note
(3m) (a) Unless 3 years have elapsed since the date that a requirement under sub. (3) (a) or (b) has been met, the person whose operating privilege or registration was suspended or revoked under sub. (3) shall file with the department and maintain in effect proof of financial responsibility in the amount, form and manner specified in this chapter.
344.18 Note
(b) This subsection applies as a condition precedent to reinstatement of an operating privilege or registration suspended or revoked under sub. (3).
344.18 Note
(3r) The secretary shall refuse registration of any vehicle owned by a person whose registration has been suspended or revoked under sub. (3).
344.18 Note
(4) The secretary shall not suspend, as required by sub. (3), if the defaulting person has made payments to the extent specified in s. 344.15 (1) with reference to the acceptable limits of a policy or bond.
344.185
344.185
Duration of impoundment of motor vehicle; disposition. 344.185(1)(a)
(a) An owner or holder of a security interest, mortgage or other interest who is first notified after the vehicle is impounded furnishes satisfactory proof to the secretary that one of the exceptions in
s. 344.14 (2) applies and pays the expenses incurred by the department in impounding the vehicle; or
344.185(1)(b)
(b) The owner deposits the security required under
s. 344.13 (3) and pays the expenses incurred by the department in impounding the vehicle.
344.185(2)(a)(a) Any impounded vehicle which is not returned to the owner within 30 days after impoundment shall be sold by the department.
344.185(2)(b)
(b) If the owner is making a good faith attempt to redeem the vehicle under
sub. (1), the department may grant an extension of up to 30 additional days before selling the vehicle.
344.185(2)(c)
(c) The department, upon request, may permit the person who, according to the department's records, holds a security interest in the vehicle to accept and maintain custody of the vehicle after impoundment or to sell the vehicle in a commercially reasonable manner at a public or private sale. The proceeds of the sale under this paragraph shall be transmitted to the department for distribution under
par. (e).
344.185(2)(d)
(d) If the vehicle is sold, any person who is the holder of a security interest which is perfected under
s. 342.19 shall be notified of the sale and any person who holds a security interest, mortgage or other interest in the vehicle and who acquired the security interest, the mortgage or other interest in good faith may file a claim within 30 days after the sale with the department.
344.185(2)(e)1.1. The money from the sale of a vehicle shall be used first for payment of all proper expenses of impounding, preparing for the sale and selling the vehicle, including expenses for seizure, maintenance of custody and advertising. Any remaining money may be paid to a claimant under
par. (d) in the priority provided under
s. 342.19.
344.185(2)(e)2.
2. All other proceeds of the sale remaining after the payments under
subd. 1. shall be retained by the secretary and applied as security for payment of judgments and assignments as provided under
s. 344.20 (2). Any amounts not used to pay judgments or assignments shall be transmitted to the state treasurer for deposit in the school fund.
344.185(3)(a)
(a) A creditor with a security interest in a vehicle which is ordered sold under this section may accelerate the maturity of the secured indebtedness, is not required to give notice of default and right to cure, may accept custody of the vehicle and may conduct the sale of the vehicle as provided under
sub. (2) (c) without sending notification of the sale to the debtor and may receive proceeds from the sale as provided under
sub. (2) (e).
344.185(3)(b)
(b) The owner of a vehicle which is ordered sold under this section is deemed in default under the instrument securing the indebtedness but has no right to cure the default or redeem the vehicle once the sale has been ordered, may not receive any proceeds from the sale and remains liable to a secured party for any deficiency which remains unsatisfied after the distribution under
sub. (2) (e).
344.185(4)
(4) When a vehicle is sold by or at the direction of the department under this section, the sale transfers to the purchaser for value all of the owner's rights therein, and discharges all security interests in the vehicle. The purchaser takes free of all such rights and interests even though the sale is not conducted in a commercially reasonable manner or the department fails to give the notifications required under
s. 344.14 (4) (a):
344.185(4)(a)
(a) In the case of the public sale, if the purchaser has no knowledge of such defects in the sale and does not buy in collusion with the department, other bidders or the person conducting the sale; or
344.185(4)(b)
(b) In any other case, if the purchaser acts in good faith.
344.185 History
History: 1981 c. 363.
344.19
344.19
Applicability to nonresidents, unlicensed drivers, unregistered motor vehicles and accidents in other states. 344.19(1)(1) If the operator or the owner of a motor vehicle involved in an accident within this state has no license or registration, whether because the operator or owner is a nonresident or because the operator or owner is a resident who has failed or neglected to obtain a license or registration in this state, the operator or owner shall not be allowed a license or registration until the operator or owner has complied with the requirements of this chapter to the same extent as would be necessary if, at the time of the accident, the operator or owner had held a license and registration in this state.
344.19(2)
(2) If the operating privilege or registration of a nonresident is revoked pursuant to
s. 344.14, the secretary shall transmit a certified copy of the record of such action to the administrator of the division of motor vehicles or equivalent official of the state in which that person resides if the law of the state in which that person resides provides for similar action by the administrator or equivalent official of that state in the event that a resident of this state has a nonresident's operating privilege or registration in that state suspended or revoked for failure to comply with the safety responsibility law of that state.
Effective date note
NOTE: Sub. (2) 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
(2) If the operating privilege or registration of a nonresident is suspended under s. 344.14, the secretary shall transmit a certified copy of the record of such action to the administrator of the division of motor vehicles or equivalent official of the state in which that person resides if the law of the state in which that person resides provides for similar action by the administrator or equivalent official of that state in the event that a resident of this state has a nonresident's operating privilege or registration in that state suspended or revoked for failure to comply with the safety responsibility law of that state.
344.19(3)
(3) Upon receipt of such certification from another state to the effect that the operating privilege or registration of a resident of this state has been suspended or revoked in such other state pursuant to a law providing for its suspension or revocation for failure to deposit security for payment of judgments arising out of a motor vehicle accident, under circumstances which would require the secretary to revoke a nonresident's operating privilege or registration had the accident occurred in this state, the secretary shall revoke the license of such resident if he or she was the operator and all of his or her registrations if he or she was the owner of a motor vehicle involved in such accident. The department may accept a certification which is in the form of a combined notice of required security and suspension or revocation order, but shall not revoke a resident's operating privilege or registration on the basis of such order until at least 30 days have elapsed since the time for depositing security in the other state expired. A revocation of operating privilege under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, the fee required under
s. 343.21 (1) (j) has been paid and the applicable provisions of
s. 343.38 have been complied with. A revocation of registration under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, the fee required under
s. 341.36 (1m) has been paid and the requirements of
sub. (3m) are satisfied.
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 receipt of such certification from another state to the effect that the operating privilege or registration of a resident of this state has been suspended or revoked in such other state under a law providing for its suspension or revocation for failure to deposit security for payment of judgments arising out of a motor vehicle accident, under circumstances which would require the secretary to suspend a nonresident's operating privilege or registration had the accident occurred in this state, the secretary shall suspend the operating privilege of such resident if he or she was the operator and all of his or her registrations if he or she was the owner of a motor vehicle involved in such accident. The department may accept a certification which is in the form of a combined notice of required security and suspension order, but shall not suspend a resident's operating privilege or registration on the basis of such order until at least 30 days have elapsed since the time for depositing security in the other state expired. A suspension or revocation of operating privilege under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fee required under s. 343.21 (1) (j) and complies with the applicable provisions of s. 343.38. A suspension or revocation of registration under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fee required under s. 341.36 (1m) and satisfies the requirements of sub. (3m).
344.19(3g)
(3g) The secretary shall refuse registration of any vehicle owned by a person whose registration has been revoked under
sub. (3).
Effective date note
NOTE: Sub. (3g) 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
(3g) The secretary shall refuse registration of any vehicle owned by a person whose registration has been suspended or revoked under sub. (3).
344.19(3m)(a)(a) Unless 3 years have elapsed since compliance of the resident with the law of the other state relating to the deposit of security, the resident whose registration was suspended or revoked under
sub. (3) or whose operating privilege or registration was suspended under s.
344.19 (3), 1989 stats., shall file with the department proof of financial responsibility in the amount, form and manner specified in this chapter. The person shall maintain the proof of financial responsibility at all times for 3 years following reinstatement or renewal of the registration while the registration of any vehicle owned by the resident is in effect or, for suspension of operating privilege, for 3 years following reinstatement or renewal of the license while the license is in effect.
344.19(3m)(b)
(b) This subsection applies as a condition precedent to renewal or reinstatement of an operating privilege or registration suspended under s.
344.19 (3), 1989 stats.
Effective date note
NOTE: Sub. (3m) 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
(3m) (a) Unless 3 years have elapsed since compliance of the resident with the law of the other state relating to the deposit of security, the resident whose operating privilege or registration was suspended or revoked under sub. (3) shall file with the department and maintain in effect proof of financial responsibility in the amount, form and manner specified in this chapter.
Effective date text
(b) This subsection applies as a condition precedent to reinstatement of an operating privilege or registration suspended or revoked under sub. (3).
344.20
344.20
Custody, disposition and return of security. 344.20(1)(1) Security shall be deposited with the secretary in compliance with this chapter.
344.20(2)
(2) The secretary shall apply the security only to the payment of judgments and assignments and only as provided in this subsection:
344.20(2)(a)
(a) The security may be applied to the payment of judgments for damages arising out of the accident in question rendered against either operator or owner for the damages resulting from such accident in an action at law. Any party to such action in favor of whom a judgment was rendered may move to have the court order the secretary to transmit to the court for application to the payment of the judgment the money or securities available for such purpose, and the court may so order. The secretary shall transmit to the clerk of the court the money or securities in the amount authorized by
par. (c) or in the amount specified in the court order if less than the amount so authorized. Securities transmitted shall be valued at the same amount as when received by the department. Any excess shall be returned by the court to the secretary to be held by the secretary subject to the provisions of this chapter.
344.20(2)(b)
(b) Subject to the restrictions imposed by
par. (c), the security may be applied to the payment of a duly acknowledged assignment by the person who made the deposit, provided the assignment is accompanied by releases signed by all parties in interest and releasing the assignor from all liability to such parties on account of damages arising out of the accident in question.
344.20(2)(c)
(c) No amount in excess of the portion designated by the secretary as having been deposited on account of damages suffered by the assignee or judgment creditor or person representing either of them shall be paid out on behalf of such person unless the depositor has been released from liability by all other parties in interest. In the latter event, the deposit may be applied to the payment of the judgment or assignment in question without regard to the designations.
344.20(3)(a)(a) The deposit of security or any balance thereof shall be returned to the depositor or the personal representative under the conditions provided in
par. (b) or
(c).
344.20(3)(b)
(b) The deposit or any balance thereof shall be returned when evidence satisfactory to the secretary has been filed that one of the contingencies specified in
s. 344.18 (1) (b),
(c) or
(d) or
(3) (b) has occurred.
344.20(3)(c)
(c) If the provisions of
s. 344.18 (1) (b),
(c) or
(d) or
(3) (b) are not applicable, the deposit or any balance thereof shall be returned when one year has elapsed from the date the deposit was made and during that period no notice has been filed with the secretary by any claimant that an action was commenced by a party in interest. If the action was commenced in a court of record, the notice required by this paragraph shall include a certified copy of the summons and complaint or counterclaim or cross complaint and proof of service filed therein. In all cases of service under
s. 345.09, an additional notice and service must be made under this chapter to avail oneself of the provisions of this chapter.
344.20(4)
(4) Security deposited under this section shall be paid into the transportation fund and invested in accordance with
s. 25.17 (1) (v).
344.21
344.21
Matters not to be evidence in civil suits. Neither the report required following an accident, the action taken by the department pursuant to this chapter, the findings, if any, upon which such action is based nor the security filed as provided in this chapter shall be referred to in any way or be any evidence of the negligence or due care of either party at the trial of any action at law to recover damages, but this shall not be construed to exclude a notice of insurance filed pursuant to
s. 344.14 or
344.15 (4), or both, from being admissible in evidence where it would otherwise be material and admissible under the rules of evidence.
344.22
344.22
Short title. Sections 344.12 to
344.22 and the general provisions applicable thereto may be cited as the safety responsibility law.
PROOF OF FINANCIAL RESPONSIBILITY
FOR THE FUTURE
344.24
344.24
Applicability of sections relating to proof of financial responsibility for the future. Sections 344.29 to
344.41 are applicable in all cases in which a person is required to deposit proof of financial responsibility for the future, including those cases in which a person is required to deposit proof of financial responsibility for the future under
ss. 344.25 to
344.27, those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to renewal or reinstatement of an operating privilege or registration suspended or revoked under
s. 344.14,
344.18 (3) or
344.19 (3) and those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to issuance of an operator's license under
s. 343.38 (4) or reinstatement of an operating privilege revoked pursuant to
ch. 343.
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
344.24 Applicability of sections relating to proof of financial responsibility for the future. Sections 344.29 to 344.41 are applicable in all cases in which a person is required to deposit proof of financial responsibility for the future, including those cases in which a person is required to deposit proof of financial responsibility for the future under ss. 344.25 to 344.27, those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to reinstatement of an operating privilege or registration suspended or revoked under s. 344.14, 344.18 (3) or 344.19 (3) and those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to issuance of an operator's license under s. 343.38 (4) or reinstatement of an operating privilege revoked under ch. 343.
344.25
344.25
Revocation of license and registration for nonpayment of judgment; exceptions. Upon the receipt, under
s. 344.05, of a certified copy of a judgment for damages in excess of $500 arising out of a motor vehicle accident, the secretary shall forthwith revoke the operating privilege and all registrations of the person against whom such judgment was rendered, subject to the following exceptions:
Effective date note
NOTE: Section 344.25 (title) and (intro.) 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
344.25 Suspension for nonpayment of judgment; exceptions. Upon the receipt, under s. 344.05, of a certified copy of a judgment for damages of $500 or more arising out of a motor vehicle accident, the secretary shall immediately suspend the operating privilege and all registrations of the person against whom such judgment was rendered, subject to the following exceptions:
344.25(1)
(1) If the judgment arose out of an accident caused by the ownership or operation, with permission, of a vehicle owned by or leased to the United States, this state or any county or municipality of this state or a vehicle subject to the requirements of
s. 121.53,
194.41 or
194.42, the secretary shall not revoke such license or registration.
