344.579(2)
(2) Enforcement. The department of agriculture, trade and consumer protection shall investigate violations of
ss. 344.574,
344.576 (1),
(2) and
(3) (a) and
(b),
344.577 and
344.578. The department of agriculture, trade and consumer protection may on behalf of the state:
344.579(2)(b)
(b) Bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under
sub. (1).
344.579(3)
(3) Defense. Proof by a rental company that the rental company began an action to impose liability upon a renter or authorized driver, even though the renter had purchased a damage waiver sold under
s. 344.576, because of a good-faith mistake that an exception under
s. 344.576 (2) (a) to
(k) applied is a defense to a prosecution for a violation of the terms of the damage waiver under
s. 344.576 (2).
MANDATORY LIABILITY INSURANCE
344.61
344.61
Definitions. In this subchapter:
344.61(1)
(1) Notwithstanding
s. 344.01 (2) (b), "motor vehicle" does not include trailers, semitrailers, and all-terrain vehicles.
344.61(2)
(2) Notwithstanding
s. 344.33 (1), "motor vehicle liability policy" means a motor vehicle policy of liability insurance to which all of the following apply:
344.61(2)(a)
(a) The policy is issued by an insurer authorized to do a motor vehicle liability business in this state or, if the policy covers a vehicle that was not registered in this state at the time of the policy's effective date, in another state in which the vehicle was registered or the owner or operator of the vehicle resided at that time.
344.61(2)(b)
(b) The policy is to or for the benefit of the person named in the policy as the insured.
344.61(2)(c)
(c) The policy satisfies, as of the date of motor vehicle operation, all requirements specified in
s. 344.33 (2) and
(3).
344.61 History
History: 2009 a. 28.
344.62
344.62
Motor vehicle liability insurance required. 344.62(1)(1) Except as provided in
s. 344.63, no person may operate a motor vehicle upon a highway in this state unless the owner or operator of the vehicle has in effect a motor vehicle liability policy with respect to the vehicle being operated.
344.62(2)
(2) Except as provided in
s. 344.63, no person may operate a motor vehicle upon a highway in this state unless the person, while operating the vehicle, has in his or her immediate possession proof that he or she is in compliance with
sub. (1). The operator of the motor vehicle shall display the proof required under this subsection upon demand from any traffic officer.
344.62(3)
(3) Nothing in this subchapter prohibits a person who violates this section from also being subject to any provision in
subchs. I to
IV of this chapter.
344.62 History
History: 2009 a. 28.
344.63
344.63
Exceptions to motor vehicle liability insurance requirement. 344.63(1)(1) A person operating a motor vehicle is not subject to
s. 344.62 if any of the following apply:
344.63(1)(a)
(a) The owner or operator of the motor vehicle has in effect a bond with respect to the vehicle that meets the requirements under
s. 344.36 (1), including the filing of the bond with the secretary, and the vehicle is being operated with the permission of the person who filed the bond.
344.63(1)(b)
(b) The motor vehicle is insured as required by
s. 121.53,
194.41, or
194.42 and the vehicle is being operated by the owner or with the owner's permission.
344.63(1)(c)
(c) The motor vehicle is owned by a self-insurer holding a valid certificate of self-insurance under
s. 344.16, the self-insurer has made an agreement described in
s. 344.30 (4), and the vehicle is being operated with the owner's permission.
344.63(1)(d)
(d) The owner or operator of the motor vehicle has made a deposit of cash or securities meeting the requirements specified in
s. 344.37 (1) and the vehicle is being operated by or with the permission of the person who made the deposit.
344.63(1)(f)
(f) The motor vehicle is owned by or leased to the United States, this or another state, or any county or municipality of this or another state, and the vehicle is being operated with the owner's or lessee's permission.
344.63(2)(b)
(b) The provisions of
s. 344.37 (2) shall apply with respect to a deposit made with the secretary under
sub. (1) (d). Any deposit received by the department under
sub. (1) (d) shall be maintained in an interest-bearing trust account. All deposits received by the department under
sub. (1) (d) shall be held for the benefit of the depositors and potential claimants against the deposits and shall be applied only to the payment of judgments and assignments relating to motor vehicle accidents, following the procedure described in
s. 344.20 (2).
344.63(3)(a)(a) Except as provided in
par. (b), the secretary shall, upon request, consent to the immediate cancellation of any bond filed under
sub. (1) (a) or to the return of any deposit of money or securities made under
sub. (1) (d) if any of the following apply:
344.63(3)(a)1.
1. The owner or operator of a motor vehicle provides proof satisfactory to the department that the owner or operator has in effect a motor vehicle liability policy with respect to the vehicle or provides proof that a different exception under
sub. (1) applies with respect to the vehicle.
344.63(3)(a)2.
2. The person on whose behalf the bond was filed or deposit made has died, has become permanently incapacitated to operate a motor vehicle, or no longer maintains a valid operator's license.
344.63(3)(a)3.
3. The person on whose behalf the bond was filed or deposit made no longer owns any motor vehicle registered with the department.
344.63(3)(b)
(b) The secretary may not consent to the cancellation of any bond filed under
sub. (1) (a) or to the return of any deposit of money or securities made under
sub. (1) (d) if any action for damages upon the bond or deposit is then pending or any judgment against the person, for which a claim may be made against the bond or deposit, is then unsatisfied. If a judgment is in excess of the amounts specified in
s. 344.33 (2), for purposes of this paragraph the judgment is considered satisfied when payments in the amounts specified in
s. 344.33 (2) have been made. An affidavit of the applicant that the applicant satisfies the provisions of this paragraph is sufficient for the department to consent to the cancellation of a bond or to return any deposit, in the absence of evidence in the records of the department contradicting the affidavit.
344.63 History
History: 2009 a. 28.
344.64
344.64
Fraudulent, false, or invalid proof of insurance. No person may do any of the following for purposes of creating the appearance of satisfying the requirements under
s. 344.62 (2):
344.64(1)
(1) Forge, falsify, counterfeit, or fraudulently alter any proof of insurance, policy of insurance, or other insurance document, or possess any forged, falsified, fictitious, counterfeit, or fraudulently altered proof of insurance, policy of insurance, or other insurance document.
344.64(2)
(2) Represent that any proof of insurance, policy of insurance, or other insurance document is valid and in effect, knowing or having reason to believe that the proof of insurance, policy of insurance, or other insurance document is not valid or not in effect.
344.64 History
History: 2009 a. 28.
344.65(1)(c)
(c) No person charged with violating
s. 344.62 (2) may be convicted if the person produces proof that he or she was in compliance with
s. 344.62 (1) at the time the person was issued a uniform traffic citation for violating
s. 344.62 (2). This proof may be produced either at the time of the person's appearance in court in response to the citation or in the office of the traffic officer issuing the citation.
344.65(2)
(2) Any person who violates
s. 344.64 may be required to forfeit not more than $5,000.
344.65(3)
(3) A traffic officer may not stop or inspect a vehicle solely to determine compliance with
s. 344.62 or a local ordinance in conformity therewith. This subsection does not limit the authority of a traffic officer to issue a citation for a violation of
s. 344.62 or a local ordinance in conformity therewith observed in the course of a stop or inspection made for other purposes, except that a traffic officer may not take a person into physical custody solely for a violation of
s. 344.62 or a local ordinance in conformity therewith.
344.65 History
History: 2009 a. 28.
344.66
344.66
Rules. The department shall promulgate rules, and prescribe any necessary forms, to implement and administer this subchapter.
344.66 History
History: 2009 a. 28.
344.67
344.67
Notice. The department shall include with each operator's license issued under
ch. 343 notification of the requirements and penalties under this subchapter.
344.67 History
History: 2009 a. 28.
