341.31(1)(b)6.
6. The vehicle which has been transferred to or leased by the applicant is a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which had been registered by the previous owner at a gross weight of 8,000 pounds or less or is a farm truck which had been registered by the previous owner at a gross weight of 12,000 pounds or less; or
341.31(1)(c)
(c) The vehicle is a replacement for a registered vehicle which has been junked or is no longer used on the highway; or
341.31(1)(cm)
(cm) The vehicle is a replacement for a registered vehicle eligible for quarterly registration under
s. 341.30 which has been traded, sold or removed from this state but for which the annual registration fee has been paid; or
341.31(1)(d)
(d) The vehicle is owned by a person who has been in active military service and less than 12 months of nonoperation have elapsed since the end of the period for which the vehicle was previously registered, provided the applicant files with the department a statement of such nonoperation.
341.31(2)
(2) Part-period registration fees shall be computed as follows:
341.31(2)(a)
(a) For vehicles registered under the conditions in
sub. (1) (a),
(b) or
(d), the fee for the current registration period shall be computed on the basis of one-twelfth of the annual registration fee or one twenty-fourth of the biennial registration fee prescribed for the vehicle multiplied by the number of months of the current registration period which have not fully expired on the date the vehicle first is operated by or with the consent of the applicant under circumstances making it subject to registration in this state plus, in case of a quarterly registration, $5. In the case of a vehicle which has not previously been registered or which has not been registered in this state by the present owner since the owner last acquired ownership of the vehicle, the department shall assume that the date of first operation is the date of the bill of sale evidencing transfer of ownership to the applicant or, with respect to a leased vehicle, the date of commencement of the lease by the applicant, unless he or she files with the department a statement that the vehicle was not so operated until a later date, specifying the date of such first operation. The department may refuse to accept any statement which projects the date of first operation into the future.
341.31(2)(b)
(b) For the registration of a replacement vehicle under the conditions set forth in
sub. (1) (c) or
(cm), the fee shall be computed as for a vehicle not previously registered in this state but a credit shall be allowed for the unused portion of the fee paid for the vehicle being replaced. Such credit shall be computed on the basis of one-twelfth of the annual registration fee or one twenty-fourth of the biennial registration fee prescribed for the vehicle being replaced multiplied by the number of months of registration which have not fully expired at the time the vehicle being replaced was junked, traded, sold or removed from the state. Except for a vehicle registered on a biennial basis, it is not necessary that the replacement vehicle be of the same type as the one being replaced in order for the applicant to take advantage of the credit but the credit may be applied toward registration of the replacement vehicle only up to the date when the registration of the vehicle being replaced would have expired.
341.31(4)(a)(a) The transferee or lessee of a vehicle registered as provided in
s. 341.29,
341.295 or
341.30 is not subject to the payment of any registration fee for the remainder of the period for which the vehicle is registered unless, by reason of his or her status or the use to which the vehicle is put, the fee prescribed by law is higher than that paid by the former owner. In such event, the fee shall be computed on the basis of one-twelfth of the difference between the 2 annual fees multiplied by the number of months of the current registration period which have not fully expired on the date, after the vehicle is acquired by the applicant, when such vehicle is first operated by him or her or with his or her consent under circumstances making it subject to registration in this state.
341.31(4)(b)
(b) A person retaining a set of plates removed from a vehicle under
s. 342.15 (4) (a) or
342.34 (1) (c) or
(2) (c) and which was junked or transferred, is no longer leased to the person or used on the highways or has been registered as a special interest vehicle under
s. 341.266 (2) (a) or a reconstructed, replica, street modified or homemade vehicle under
s. 341.268 (2) (a) may receive credit for the unused portion of the registration fee paid when registering a replacement vehicle of the same type and gross weight.
341.31(4)(c)
(c) A person retaining a set of plates removed from a motorcycle may receive credit for the unused portion of the registration fee paid when registering a replacement motorcycle.
341.31(5)
(5) This section does not apply to vehicles registered at a fee of $5 under
s. 341.26. Such vehicles, whether registered for a full period or part thereof and whether or not previously registered, shall be registered at the full fee. If a person authorized to register a vehicle at a fee of $5 under
s. 341.26 transfers the vehicle to a person not so authorized or no longer leases the vehicle, the fee payable by the transferee shall be computed as for a vehicle not previously registered in this state.
341.32
341.32
Vehicle to be reregistered if subject to a different fee. 341.32(1)(1) Whenever the construction or the use of a registered vehicle is changed in a manner making the vehicle subject to a different registration fee than the fee for which the vehicle currently is registered, the owner shall immediately make application for reregistration. The fee payable upon such reregistration shall be computed as for a vehicle not previously registered in this state but a credit shall be allowed for the unused portion of the fee paid for the previous registration if the registration plates issued upon the previous registration are returned to the department. The credit shall be computed on the basis of one-twelfth of the annual registration fee or one twenty-fourth of the biennial registration fee prescribed for the vehicle as previously registered multiplied by the number of months of registration which have not fully expired on the date the vehicle became subject to the different fee. The credit may be applied toward the reregistration of the vehicle only up to the date when the previous registration would have expired.
341.32(2)
(2) Whenever the owner or other person responsible for registration of a vehicle required to be registered on the basis of gross weight desires to carry a greater load than that permitted under the current registration of such vehicle, he or she shall make application for reregistration of the vehicle at a higher gross weight. Whenever such person is convicted of carrying a greater load than that permitted under his or her current registration, the court, in addition to imposing the penalty prescribed by law, shall order such person to make application for reregistration of the vehicle at a gross weight sufficiently high to cover the load which he or she was convicted of carrying. The fee payable upon reregistration shall be computed on the basis of one-twelfth of the difference between the annual fee prescribed for the vehicle as previously registered and the annual fee prescribed for the vehicle as reregistered or one twenty-fourth of the difference between the biennial fee prescribed for the vehicle as previously registered and the biennial fee prescribed for the vehicle as reregistered, multiplied by the number of months of the quarter or year for which the vehicle is being reregistered which had not fully expired when the vehicle became subject to the higher fee. This subsection does not apply under the circumstances stated in
sub. (3).
341.32(3)
(3) A motor truck with a registered gross weight of 10,000 pounds or less and loaded exclusively with fluid milk or cream may, during the months of May, June and July, carry from the point of production of such milk to the primary market therefor 1,500 pounds or less in excess of the gross weight for which such motor truck is registered without a reregistration of such motor truck on account of such excess loading.
341.33
341.33
When fees refundable. 341.33(1)
(1) The department shall not refund a fee paid to it except when expressly authorized or directed by this section or some other provision of the statutes to do so.
341.33(2)
(2) The department shall refund the unused portion of a registration fee paid for the registration of a vehicle owned by a person who is entering active service in the naval or military forces of the United States if the person makes application for such refund upon a form prescribed by the department, furnishes such proof as the department may require that the vehicle will not be operated in this or another state during the remainder of the period for which the vehicle is registered, and returns to the department the certificate of registration and registration plates. The refund shall be computed on the basis of one-twelfth of the annual registration fee or one twenty-fourth of the biennial registration fee paid for the vehicle, multiplied by the number of full months remaining in the period for which the vehicle is registered when the vehicle ceases to be operated.
341.33(3)
(3) Upon request, the department shall refund 50% of a registration fee paid for a vehicle registered on a biennial basis if the person who registered the vehicle furnishes such proof as the department requires that the person has transferred his or her interest in the vehicle or terminated leasing the vehicle before the beginning of the 2nd year of the period for which the vehicle is registered or that the vehicle will not be operated in this state after the beginning of the 2nd year of the period for which the vehicle is registered. The department may require the person to return the certificate of registration and registration plates for the vehicle to the department. Except as provided in
sub. (1), the department may not refund more than 50% of the fee paid for the registration of a vehicle registered on a biennial basis.
341.335
341.335
Notice of change of address, name or vehicle color. 341.335(1)(1) Whenever any person, after applying for and receiving registration plates, moves from the address named in the application for the registration plates or when the name of the licensee is changed by marriage or otherwise, the person shall within 10 days notify the department in writing of the old and new address or of such former and new names and of all registration plate numbers held.
341.335(1m)
(1m) No person is required to notify the department before the next renewal of registration for the vehicle that a vehicle's color has been changed from the color stated in the most recent application for registration of the vehicle.
341.335(2)
(2) Any person who fails to comply with any of the requirements of
sub. (1) may be required to forfeit not more than $50.
341.35
341.35
Municipal or county vehicle registration fee. 341.35(1)(1)
Annual registration fee. In this section "municipality" means a town, village or city and "motor vehicle" means an automobile or motor truck registered under
s. 341.25 (1) (c) at a gross weight of not more than 8,000 pounds. The governing body of a municipality or county may enact an ordinance imposing an annual flat municipal or county registration fee on all motor vehicles registered in this state which are customarily kept in the municipality or county. A registration fee imposed under this section shall be in addition to state registration fees.
341.35(2)
(2) Exemptions. The following vehicles are exempt from any municipal or county vehicle registration fee:
341.35(2)(a)
(a) All vehicles exempted by this chapter from payment of a state vehicle registration fee.
341.35(3m)
(3m) County and municipal fees. If a municipality and the county in which the municipality is located enact ordinances under this section, a motor vehicle customarily kept in the municipality shall be subject to a municipal registration fee and a county registration fee.
341.35(4)
(4) Notice of fees. The governing body of a municipality or county which enacts a municipal or county vehicle registration fee shall notify the department that it has so elected and report the amount of such fee. The municipality or county shall report any change in such amount to the department. The notification shall be made at the time and in the form prescribed by the department.
341.35(5)
(5) Payment of fees. At the time a motor vehicle is first registered or at the time of registration renewal, the applicant shall pay to the department any fee imposed by a county or municipality under this section in addition to fees required under this chapter.
341.35(6)
(6) Department to remit fees to municipalities and counties. Beginning July 1, 1984, and annually thereafter, the department shall remit those moneys collected under this section, less administrative costs under
sub. (6m), to any municipality or county which has imposed a fee under this section. The department may by rule provide that the moneys be remitted at more frequent intervals if the department deems it advisable.
341.35(6m)
(6m) Administrative costs. The department shall retain a portion of the moneys collected under this section equal to the actual administrative costs related to the collection of these fees. The department shall establish the method for computing the administrative costs by rule and review the methodology annually to ensure full reimbursement of its expenses.
341.35(6r)
(6r) Use of fee proceeds. Any municipality or county receiving moneys under
sub. (6) shall use the moneys only for transportation related purposes.
341.35(7)
(7) Replacements. No municipal or county vehicle registration fee may be imposed on a motor vehicle which is a replacement for a motor vehicle for which a current municipal or county vehicle registration fee has been paid.
341.35(8)
(8) Rules. The department shall adopt rules necessary to implement this section.
341.35 Cross-reference
Cross-reference: See also ch.
Trans 126, Wis. adm. code.
341.36
341.36
Fee to reinstate suspended or revoked registration. 341.36(1)(1) Except as provided in
sub. (2), the department shall charge a fee of $25 to reinstate a registration previously suspended or revoked under this chapter. The fee under this subsection is in addition to any other fee required to complete the registration of the vehicle.
341.36(1m)
(1m) Except as provided in
sub. (2), the department shall charge a fee of $50 to reinstate a registration previously suspended or revoked under
ch. 344. The fee under this subsection is in addition to any other fee required to complete the registration of the vehicle.
341.36(2)
(2) Subsections (1) and
(1m) do not apply to the reinstatement of a registration suspended under
s. 341.63 (1) (c),
(d) or
(e) or to the reinstatement of a registration suspended or revoked as a result of an error by the department.
341.36(3)
(3) If the registrations of more than one vehicle owned by a person are suspended or revoked under
ch. 344 as a result of the same occurrence, payment of one fee under
sub. (1m) applies to the reinstatement of the registrations of all of those vehicles.
341.36 History
History: 1989 a. 31;
1991 a. 269.
REGISTRATION, TAXATION AND EXEMPTION
OF NONRESIDENTS
Subch. III of ch. 341 Cross-reference
Cross-reference: See also ch.
Trans 146, Wis. adm. code.
341.40
341.40
Exemption of nonresidents and foreign-registered vehicles. 341.40(1)(1) Except as to foreign-owned vehicles required by
s. 341.07 to be registered in this state, any vehicle that is registered in another jurisdiction is exempt from the laws of this state providing for the registration of the vehicles if all of the following apply:
341.40(1)(a)
(a) The vehicle carries a registration plate indicating the registration in the other jurisdiction.
341.40(1)(c)
(c) The jurisdiction in which the vehicle is registered allows vehicles that are registered in Wisconsin to be operated tax free upon its highways under conditions substantially as favorable to residents of Wisconsin as to its own residents.
341.40(1)(d)
(d) The vehicle is operated in accordance with rules adopted by the secretary based on the gross weight of the vehicle. The secretary may, by rule, determine the gross weight exemption, giving consideration to reciprocity privileges extended to Wisconsin residents in other jurisdictions.
341.40(1m)
(1m) Foreign owned or operated vehicles entering Wisconsin to have special equipment or a body constructed or installed or for repair shall be exempt from the registration requirements of this section.
341.40(2)
(2) If the owner of any vehicle exempted under
sub. (1) or
(1m) moves to Wisconsin or if the vehicle is purchased by or leased to a Wisconsin resident, the vehicle immediately becomes subject to the laws of this state providing for the registration of vehicles.
341.40 Cross-reference
Cross-reference: See also ch.
Trans 146, Wis. adm. code.
341.40 Annotation
The language referencing a single plate in sub. (1) (a) is the first of a list of criteria that vehicles registered in a jurisdiction other than Wisconsin must meet in order to be exempt from the registration laws of this state. Having been issued at least one plate is a condition precedent for exemption, not a display requirement. Since sub. (1) (a) does not address how nonresidents are to display license plates, there is no conflict with s. 341.15 (1). State v. Boyd,
2012 WI App 39,
340 Wis. 2d 168,
811 N.W.2d 853,
11-1056.
341.405
341.405
International registration plan. 341.405(1)
(1) The secretary of transportation, with approval of the governor, shall ratify and do all things necessary to effectuate the international registration plan adopted by the American Association of Motor Vehicle Administrators, with such exceptions as are deemed advisable and such changes as are necessary.
341.405(2)
(2) In addition to any registration fees under
s. 341.25 that are apportioned to this state under the international registration plan, the department shall charge a fee to cover the cost of issuance for each base plate and for each cab card issued under the international registration plan. Registrants for which this state is the base jurisdiction may elect to pay the registration fee apportioned to this state in 4 installments as specified by the department. Registrants shall pay an additional annual fee of not less than $10 for each vehicle under the installment option. The department may require the filing of an adequate bond or letter of credit to secure the payment of fees under the installment plan. Trip permits may be issued for 72-hour periods at a fee of not less than $15, under terms and conditions not inconsistent with the international registration plan.
341.405(2m)
(2m) The department may register semitrailers under the international registration plan. The department may establish a fee for registration under this subsection based on administrative cost.
341.405(3)
(3) Any fee of $2 or less due under this section may be waived by the department.
341.405(3m)(a)(a) If the registration of a motor vehicle registered under this section is suspended under
s. 341.63 (1) (f),
(1m), or
(1r), or if an application for registration is refused under
s. 341.10 (16) or
(17), the motor vehicle may be registered, subject to all applicable requirements and fees, under any applicable provision of this chapter other than this section.
341.405(3m)(b)
(b) All of the following apply to a person who registers a motor vehicle under another applicable provision of this chapter as described in
par. (a):
341.405(3m)(b)1.
1. The person is not entitled to credit for any registration fee previously paid to register the motor vehicle under this section.
341.405(3m)(b)2.
2. If the motor vehicle's registration under this section is reinstated after this registration period has expired, in renewing the motor vehicle's registration under this section the person is entitled to credit for the registration fee paid to register the motor vehicle as described in
par. (a), calculated based upon the unused portion of that registration period.
341.405(3m)(c)
(c) Notwithstanding
s. 341.10 (16) and
(17), the department may refuse registration of a motor vehicle under this section if the department determines that the motor carrier identified on the motor vehicle's registration application as the motor carrier responsible for safety of the vehicle is the same or substantially the same business, or that elements of the motor carrier operation are the same or substantially the same business elements, as a motor carrier that has been issued a federal out-of-service order for unsatisfactory safety compliance.
341.405(4)
(4) The secretary of transportation, with the approval of the governor and the joint committee on finance, may withdraw from the international registration plan adopted by the American Association of Motor Vehicle Administrators if the secretary deems such action necessary and desirable.
341.405 Cross-reference
Cross-reference: See also ch.
Trans 146, Wis. adm. code.
341.405 Annotation
A vehicle exempted from state registration requirements under this section is not exempted under s. 194.04 (2) from state permit requirements. State v. Yellow Freight System, Inc.
101 Wis. 2d 142,
303 N.W.2d 834 (1981).
341.405 Annotation
Registration under the international registration plan is in lieu of registration under Wisconsin law. Schneider Transport, Inc. v. Cattanach,
657 F.2d 128 (1981).
341.409
341.409
Reciprocal registration exemption agreements for federally recognized Indian tribes or bands. 341.409(1)(1) The secretary with the approval of the joint committee on finance may enter into a reciprocal registration exemption agreement with the governing body of any federally recognized Indian tribe or band. The reciprocal agreement may exempt designated classes of vehicles registered by the Indian tribe or band from the registration requirements of this state if:
341.409(1)(a)
(a) The vehicle carries a registration plate showing valid registration by the Indian tribe or band.
341.409(1)(b)
(b) The Indian tribe or band registering the vehicle allows reciprocal privileges to similar classes of vehicles registered in this state under conditions substantially as favorable to this state as to the Indian tribe or band.
341.409(2)
(2) The reciprocal agreement may include restrictions, conditions and terms of reciprocal privileges relating to registration, including any proportional registration taxes or fees deemed advisable by the department.
341.409(3)
(3) The department may adopt rules to implement this section.
341.409 History
History: 1983 a. 50.
341.41
341.41
Reciprocity agreements authorized. 341.41(1)
(1) The secretary with the approval of the governor is authorized to enter into reciprocal agreements with the responsible officers of other jurisdictions as to licenses, mileage and flat taxes under which motor vehicles, trailers, or semitrailers properly licensed or registered in other jurisdictions may be operated in interstate commerce in this state without a Wisconsin registration or the payment of mileage or flat taxes, provided like privileges are accorded to vehicles owned by Wisconsin residents when operated in such other jurisdictions. Such agreement may include such restrictions, conditions and privileges as are deemed advisable. Such agreement shall provide that a resident of this state when using the highways of such other jurisdiction shall receive exemptions of a similar kind to a like degree.
341.41(1a)
(1a) The secretary with the approval of the governor is authorized to enter into reciprocal agreements with the responsible officers of other jurisdictions as to licenses, mileage and flat taxes under which motor vehicles, trailers or semitrailers properly licensed or registered in either jurisdiction, may be operated in intrastate commerce in either jurisdiction without additional base plate registration or the payment of mileage or flat taxes, providing like privileges are accorded Wisconsin licensed vehicles when operated in such other jurisdictions, and that this state will obtain a fair and equitable share of license registrations. Such agreement may include such restrictions, conditions and privileges as are deemed advisable.
