345.05(2)
(2) A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality or authority, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality or authority concerned and the governing body of the municipality, or the board of directors of the authority, may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality or authority if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality or authority will acquire title.
345.05(3)
(3) A claim under this section shall be filed in the manner, form and place specified in
s. 893.80. The limitations under
s. 893.80 (3) are applicable to a claim under this section, except that the amount recoverable by any person for any damages, injuries or death in any action shall not exceed $250,000.
345.05(4)
(4) In this section, judgments against municipalities shall be certified, filed and collected as provided in
s. 66.0117 whether named therein or not.
345.05(5)
(5) If the allowance of claim is by or the judgment is against any municipality lying in more than one town, city, village or county, the governing body of the debtor municipality shall prorate the amount of the claim allowed or the judgment and so certify to the proper officials for tax levy, so that the taxable property of the debtor municipality will equitably bear the amount of the claim or judgment.
345.05 Annotation
This section is applicable when the injury can be traced to incidents of vehicle operation on the highway rather than a collateral use such as loading. Rabe v. Outagamie County,
72 Wis. 2d 492,
241 N.W.2d 428 (1976).
345.05 Annotation
This section did not apply to an injury caused by negligent supervision of bus passengers. Hamed v. Milwaukee County,
108 Wis. 2d 257,
321 N.W.2d 199 (1982).
345.05 Annotation
Though owned by the driver and not the county, a vehicle used to conduct actual business activity of a municipality is a motor vehicle under sub. (2). Manor v. Hanson,
123 Wis. 2d 524,
368 N.W.2d 41 (1985).
345.05 Annotation
Compliance with this section is a prerequisite for an action against a municipal employee. Gonzalez v. Teskey,
160 Wis. 2d 1,
465 N.W.2d 525 (Ct. App. 1990).
345.05 Annotation
Discretionary act immunity under s. 893.80 is inapplicable to s. 345.05 claims. Frostman v. State Farm Mut. Ins. Co.
171 Wis. 2d 138,
491 N.W.2d 100 (Ct. App. 1992).
345.05 Annotation
A machine specifically included in the list of road machinery under s. 340.01 (52) is not a motor vehicle under this section regardless of its use. Schanke v. Wisconsin County Mut. Ins. Corp.
177 Wis. 2d 746,
502 N.W.2d 866 (Ct. App. 1993).
345.05 Annotation
The liability limits of this section do not extend to independent contractors from whom the government entity may have leased or rented a vehicle. The limits only apply if a claim is against the governmental unit based on a motor vehicle accident. Kettner v. Wausau Insurance Cos.
191 Wis. 2d 724,
530 N.W.2d 399 (Ct. App. 1995).
345.05 Annotation
An action for inadequate supervision of operation and location of a county truck involved in a collision with the defendant's car was an action involving the operation of a motor vehicle. Tso v. Delaney,
969 F.2d 373 (1992).
345.05 Annotation
Broken Windshields and Busted Mailboxes: Municipal Liability for Motor Vehicle Negligence. Bauman. Wis. Law. Nov. 2002.
345.06
345.06
Owner's liability for act of operator. The owners of every vehicle operating upon any highway for the conveyance of passengers for hire are jointly and severally liable to the party injured for all injuries and damage done by any person in the employment of such owners as an operator, while operating such vehicle, whether the act occasioning such injuries or damage was intentional, negligent or otherwise, in the same manner as such operator would be liable.
345.07
345.07
Civil actions by secretary. In addition to all existing remedies afforded by civil and criminal law, the secretary is authorized to bring civil actions for the recovery of all fees, taxes, interest and penalties to which the state may be entitled by reason of the operation by any person of a motor vehicle upon the highways of this state.
345.07 History
History: 1977 c. 29 s.
1654 (7) (c).
345.08
345.08
Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in
chs. 341 to
349.The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the secretary of administration shall pay from the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in
s. 775.01.
345.09
345.09
Service of process on nonresident. 345.09(1)
(1) The use and operation of a motor vehicle over the highways of this state by a nonresident is considered an irrevocable appointment by the nonresident of the secretary to be the true and lawful attorney upon whom may be served all legal process in any action or proceeding against the nonresident or the nonresident's personal representative, growing out of the use or operation of the motor vehicle in this state and resulting in damage or loss to person or property, whether the damage or loss occurs on a highway or on abutting public or private property. The appointment of the secretary as attorney for service of process is binding upon the nonresident's personal representative. The use or operation of a motor vehicle over the highways of this state by the nonresident is a signification of the nonresident's agreement that any legal process or notice against the nonresident or the nonresident's personal representative that is so served shall be of the same legal force and validity as if served on them personally.
345.09(2)
(2) The secretary as attorney upon whom processes and notices may be served under this section shall, upon being served with such process or notice, forthwith mail by registered mail a copy thereof to such nonresident at the out-of-state nonresident address given in the papers so served. It is the duty of the party or the party's attorney to certify in the papers so served that the address given therein is the last-known out-of-state nonresident address of the party to be served. In all cases of service under this section there shall be served 2 authenticated copies for the secretary and such additional number of authenticated copies as there are defendants so served in the action. One of the secretary's copies shall be retained for the secretary's record of service and the other copy shall be returned with proper certificate of service attached for filing in court as proof of service of the copies by having mailed them by registered mail to the defendants named therein. The service fee shall be $25 for each defendant so served. The secretary shall keep a record of all such processes and notices, which record shall show the day and hour of service.
345.09(3)
(3) This section applies to a nonresident defendant who was a resident of this state at the time of the accident or occurrence which gave rise to the cause of action sued on.
345.09 Annotation
Service upon a nonresident's father at the father's residence was insufficient for the exercise of personal jurisdiction over a nonresident in a diversity case, despite claimed actual notice, when no attempt was made to comply with s. 345.09. Chilcote v. Shertzer,
372 F. Supp. 86 (1974).
ARRESTS, BAIL, PENALTIES
345.11
345.11
Uniform traffic citation. 345.11(1)
(1) On and after July 1, 1969, the uniform traffic citation created by this section shall in the case of moving traffic violations and may in the case of parking violations and all violations of
ch. 194 be used by all law enforcement agencies in this state which are authorized to enforce the state traffic laws and any local traffic laws enacted by any local authority in accordance with
s. 349.06.
345.11(1g)
(1g) The uniform traffic citation may be used for violations of
ss. 218.0114 (1) and
218.205 (1). The report of conviction shall be forwarded to the department.
345.11(1j)
(1j) The uniform traffic citation or the citation form under
s. 23.54 may be used for violations of
s. 30.07. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department of natural resources. When the citation form under
s. 23.54 is used, the procedure in
ss. 23.50 to
23.85 applies.
345.11(1m)
(1m) The uniform traffic citation or the citation form under
s. 23.54 shall be used for violations of
ch. 350 relating to highway use or ordinances in conformity therewith when committed on the highway, but no points may be assessed against the driving record of the operator of a snowmobile. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under
s. 23.54 is used, the procedure in
ss. 23.50 to
23.85 applies.
345.11(1r)
(1r) The uniform traffic citation or the citation form under
s. 23.54 shall be used for violations of
s. 23.33 relating to highway use or ordinances enacted in accordance with that section if the violation is committed on a highway, but no points may be assessed against the driving record of the operator of an all-terrain vehicle. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under
s. 23.54 is used, the procedure in
ss. 23.50 to
23.85 applies.
345.11(1s)
(1s) The uniform traffic citation shall be used by a traffic officer employed under
s. 110.07 for a violation of
s. 167.31 (2) (b),
(c) or
(d) when committed on a highway.
345.11(1u)
(1u) The uniform traffic citation may be used by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under
s. 110.07 for a violation of
s. 287.81.
345.11(2)
(2) The uniform traffic citation shall be on a form or in an automated format recommended by the council on uniformity of traffic citations and complaints and shall consist of a court report, a report of conviction for the department, a police record and report of action on the case and a traffic citation. The form or automated format shall provide for the name, address, birth date, operator's license number of the alleged violator if known, the license number of the vehicle, the offense alleged, the time and place of the offense, the section of the statute or ordinance violated, the amount of deposit or bail for the offense, a designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so, and any other information as may be pertinent to the offense.
345.11(2m)
(2m) In addition, the uniform traffic citation shall include all of the following:
345.11(2m)(a)
(a) A full description of the class and type of vehicle, as provided in
s. 343.04, including each special operating characteristic under
s. 343.04 (2) that requires an endorsement.
345.11(2m)(b)
(b) Whether the vehicle was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under
42 CFR 73.
345.11(2m)(c)
(c) Whether the operator holds a commercial driver license regardless of the type or class of vehicle used at the time of the alleged offense.
345.11(2m)(d)
(d) Whether any specific waiver provision in
s. 343.055 may apply to operation of the vehicle at the time of the alleged offense.
345.11(4)
(4) Upon recommendation of a form or automated format for the uniform traffic citation by the council on uniformity of traffic citations and complaints, the secretary shall under
s. 85.16 (1) promulgate the form or automated format as an administrative rule, and with the advice of the council shall make any other rules as are necessary for the implementation and operation of this section.
345.11(5)
(5) Notwithstanding any other provision of the statutes, the use of the uniform traffic citation promulgated under
sub. (4) by any peace officer in connection with the enforcement of any state traffic laws, any local traffic ordinances in strict conformity with the state traffic laws or
s. 218.0114 (1) or
218.205 (1) shall be deemed adequate process to give the appropriate court jurisdiction over the person upon the filing with or transmitting to the court of the uniform traffic citation.
345.11(6)
(6) The secretary shall cause to be printed and sold to all law enforcement agencies in this state with authority to enforce state traffic laws or local laws adopted under authority of
s. 349.06 serially numbered uniform traffic citations or provide a sequence of assigned numbers for uniform traffic citations in an automated format.
345.11(7)(a)(a) Each law enforcement agency issuing uniform traffic citations shall be responsible for the disposition of all citations issued under its authority, and all law enforcement agencies shall prepare and submit records and reports relating to the uniform traffic citations in the manner and at the time prescribed by the secretary.
345.11(7)(b)
(b) Whenever a law enforcement officer issues a uniform traffic citation to an operator who displays a driver's license issued by the federal department of state or otherwise claims immunities or privileges under
22 USC 254a to
258a with respect to the operator's violation of any state traffic law or any local traffic law enacted by any local authority in accordance with
s. 349.06, the officer shall:
345.11(7)(b)1.
1. As soon as practicable, contact the diplomatic security command center of the office of foreign missions, diplomatic motor vehicle office, within the federal department of state, to verify the status and immunity, if any, of the operator.
345.11(7)(b)2.
2. Within 10 days after the citation is issued, forward a copy of the uniform traffic citation, at no charge, to the diplomatic security command center of the office of foreign missions, diplomatic motor vehicle office, within the federal department of state.
345.11(8)
(8) Any person who, with criminal intent, solicits or aids in the disposition or attempted disposition of a uniform traffic citation in any unauthorized manner is in contempt of the court having original jurisdiction of the cause of action.
345.11 History
History: 1971 c. 164 s.
81;
1971 c. 277;
1973 c. 218;
1975 c. 41;
1977 c. 29 ss.
1468,
1654 (7) (a), (c);
1977 c. 273;
1979 c. 34,
257;
1985 a. 29,
36,
145,
309;
1989 a. 31,
105,
170,
335;
1993 a. 436,
437;
1995 a. 227;
1997 a. 120;
1999 a. 31,
140;
2001 a. 27;
2003 a. 33;
2009 a. 55,
367.
345.11 Cross-reference
Cross-reference: See also ch.
Trans 114, Wis. adm. code.
345.11 Annotation
If a uniform traffic citation and complaint is used in a criminal case, it must satisfy the requirement of stating probable cause. State v. White,
97 Wis. 2d 193,
295 N.W.2d 346 (1980).
345.11 Annotation
When the state used a traffic citation to initiate legal proceedings and subsequently decided to prosecute the action as a crime, the trial court erred in not giving the defendant 10 days from the date of the amended charge to object to the sufficiency of the complaint. State v. Mudgett,
99 Wis. 2d 525,
299 N.W.2d 621 (Ct. App. 1980).
345.11 Annotation
The uniform traffic citation and complaint is not a "complaint" under s. 968.02 (3). State v. Folk,
117 Wis. 2d 42,
342 N.W.2d 761 (Ct. App. 1983).
345.11 Annotation
"Process" in sub. (5) refers to invoking subject matter jurisdiction and not to acquiring personal jurisdiction. A citation is only a notice. It does not function as a summons and does not compel a court appearance. In general, an officer who issues a uniform traffic citation when no warrant has been issued is not entitled to service or mileage fees for delivering the citation. 63 Atty. Gen. 99.
345.17
345.17
Penalty for false statements. 345.17(1)
(1) Unless another civil or criminal penalty is expressly prescribed by law, no person may make a false statement to the department or secretary on which the department or the secretary relies in:
345.17(1)(b)
(b) Issuing a duplicate license or operating privilege.
345.17(1)(c)
(c) Performing an act or administering a law that the department or secretary is required by law to administer or perform.
345.17(2)
(2) Any person who violates
sub. (1) shall forfeit not less than $25 nor more than $100 for the first offense and shall forfeit not less than $100 nor more than $500 for the 2nd and each subsequent offense.
345.18
345.18
Sentencing of juveniles. A person under the age of 18 years shall be present at the imposition of sentence in cases for violation of
chs. 341 to
348 and
351 or ordinances enacted in conformity therewith under
ch. 349. This section does not apply to parking violations or to cases where a stipulation of guilt or no contest has been accepted for a violation of a local ordinance. A court may waive the requirement of personal appearance under this section in cases of exceptional hardship.
345.18 History
History: 1979 c. 110 s.
60 (6);
1979 c. 333 s.
5.
345.20
345.20
General provisions in traffic forfeiture actions. 345.20(1)(b)
(b) "Traffic regulation" means a provision of
chs. 194 or
341 to
349 for which the penalty for violation is a forfeiture or an ordinance enacted in accordance with
s. 349.06. Except as otherwise specifically provided, "traffic regulation" does not include a nonmoving traffic violation as defined in
s. 345.28 (1).
345.20(2)(a)(a) Except as provided in
par. (b), the apprehension of alleged violators of traffic regulations and the trial of forfeiture actions for the violation of traffic regulations shall be governed by
ss. 345.21 to
345.53. Where no specific procedure is provided in
ss. 345.21 to
345.53,
ch. 799 shall apply to such actions in circuit court.
345.20(2)(b)
(b) The trial of forfeiture actions in municipal court for the violation of traffic regulations shall be governed by
ch. 800. Provisions relating to the uniform traffic citation in
s. 345.11, to arrests in
ss. 345.21 to
345.24, to deposits and pleas of no contest under
s. 345.26, to the authority of the court under
ss. 345.37,
345.47,
345.48 and
345.50 and to guaranteed arrest bonds under
s. 345.61 apply to violations of ordinances to be tried in municipal court.
345.20(2)(d)
(d) A nonmoving traffic violation is governed by
s. 345.28. The trial of forfeiture actions for nonmoving traffic violations is governed by
ss. 345.28 and
345.34 to
345.47. Where no specific procedure is provided in
ss. 345.28 or
345.34 to
345.47,
ch. 799 applies to actions in circuit court and
ch. 800 applies to actions in municipal court.
345.20(2)(f)
(f) Sections 23.50 to
23.85 apply to actions in circuit court to recover forfeitures and weapons surcharges imposed under
ch. 814 for violations of
s. 167.31 (2) (b),
(c), or
(d). No points may be assessed against the driving record of a person convicted of a violation of
s. 167.31 (2) (b),
(c), or
(d). The report of conviction shall be forwarded to the department.
345.20(2)(g)
(g) Sections 23.50 to
23.85 apply to actions in circuit court to recover forfeitures for violations of
s. 287.81. No points may be assessed against the driving record of a person convicted of a violation of
s. 287.81. The report of conviction and abstract of court record copy of the citation form shall be forwarded to the department.
345.20 Annotation
Wisconsin's uniform traffic court procedure. Hough, 1972 WBB No. 4.
345.21
345.21
Authority to arrest with a warrant. 345.21(1)
(1) A person may be arrested for the violation of a traffic regulation with a warrant that substantially complies with
ch. 968. Except as provided in
sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action or a judge.
345.21(2)
(2) In traffic regulation actions, the judge or municipal judge who issues a warrant under
sub. (1) may endorse upon the warrant the amount of the deposit. If no endorsement is made the deposit schedule under
s. 345.26 (2) shall apply unless the court directs that the person be brought before the court.
345.22
345.22
Authority to arrest without a warrant. A person may be arrested without a warrant for the violation of a traffic regulation if the traffic officer has reasonable grounds to believe that the person is violating or has violated a traffic regulation.
345.22 History
History: 1971 c. 278.
345.22 Annotation
A city police officer is a traffic officer within s. 345.22. 61 Atty. Gen. 419.
345.23
345.23
Officer's action after arrest without a warrant. If a person is arrested without a warrant for the violation of a traffic regulation, the arresting officer shall issue a citation under
s. 345.11, and in addition:
345.23(2)
(2) Shall release the person when he or she:
