University
Section 13.94, Stats., contains authority for the State Auditor to secure certain information from student records for the purpose of auditing full-time equivalency reports submitted by the University of Wisconsin. (Unpub.). 84-1978
AUTOMOBILES AND MOTOR VEHICLES
See also AMBULANCES; TRAFFIC; TRANSPORTATION
Ad valorem tax
An ad valorem tax upon automobiles, where the assessment would be based on the manufacturer's suggested retail price and the age of the vehicle, and where the rate would be unrelated to the tax rate upon other taxable property, would violate the uniformity requirement of Wis. Const. art VIII, sec. 1. (Unpub.). 99-1977
All-terrain vehicles
County forest roads which are open to vehicular traffic are highways which can be designated as all-terrain vehicle routes under section 23.33(8)(b), Stats., and minors under sixteen years of age holding valid all-terrain vehicle safety certificates can operate all-terrain vehicles on highways which have been designated as all-terrain vehicle routes under the limited conditions set forth in section 23.33(4). 77-52
Bus subsidy
Section 59.968(3), Stats., authorizes a county subsidy when a bus company operates a route which is principally located within the county. 65-191
Criminal law
Proof that a driver knew or should have known that he collided with an unattended vehicle is not necessary for a conviction for violation of sec. 346.68, Stats., requiring that the driver of the colliding vehicle stop and locate the owner of the unattended vehicle or leave a note on the unattended vehicle containing the name and address of the colliding driver. 68-274
Dealers
Financial statements required by law to be filed with Department of Transportation in connection with applications for motor vehicle dealers' and motor vehicles salvage dealers' licenses are public records and are subject to inspection and copying under sec. 19.21(2), Stats., subject to limitations contained in court cases cited. 66-302
The Wisconsin Fair Dealership Law, ch. 135, Wis. Stats., is a public policy declaration concerning the unwarranted termination of dealerships and is designed to protect dealers from overreaching by the grantors of those dealerships. It would therefore be improper for parties to waive, directly or indirectly, the effect of ch. 135 and, in cases where the "dealer" is also a "franchisee" under ch. 553, Wis. Stats., the Commissioner of Securities has the right to deny, suspend or revoke a franchisor's registration or revoke his exemption if the franchisor has contracted to violate or avoid the provisions of ch. 135. 66-10
Driver education
Public school districts may not charge students for the cost of providing driver education programs if the programs are credits towards graduation. 71-209
Drunk driving
Counties can enter into reciprocal mutual assistance agreements whereby they can agree in advance to cooperate in the arrest of persons suspected of violating drunk driving laws who are involved in an accident in one county and transported to a hospital in another county. 72-85
Section 345.24, Stats., does not require the release of a person twelve hours after his arrest for one of the alcohol-related driving offenses specified in that statute if the person's blood-alcohol content still exceeds .05 percent, as long as the person is brought before a court without unreasonable delay. 76-95
Upon a second or subsequent conviction of drunk driving within five years within five years of a previous conviction for the same offense, the court may not waive, under sec. 345.60, Stats., the revocation of operating privileges by the Division of Motor Vehicles as required by sec. 343.31(1)(b), Stats. 62-31
Where a person is charged under sec. 346.63(1), Stats. (operating a vehicle while under the influence of an intoxicant or controlled substance), as a second offense, the charge may not be reduced to a violation as a first offense and the court does not have discretion to sentence under sec. 346.65(2)(a)1., Stats., sentencing for first offense. At trial the burden and verdict requirements of a criminal proceeding apply. It is mandatory that the Department treat this as a second offense for purposes of revocation under sec. 343.31(1)(b), Stats. 69-47
Habitual traffic offenders; discussion of 343.44 and 351.08, Stats. (1986)
Section 351.08, Stats., authorizes enhancements to the section 343.44 penalties; it does not create a separate substantive offense. 75-106
Implied consent law
See also IMPLIED CONSENT LAW
A driver of a motor vehicle cannot be asked to take a test to determine alcoholic intoxication pursuant to sec. 343.305(2)(am), Stats., unless there has been a lawful arrest. 67-314
Indians
The state has jurisdiction over members of the Menominee Tribe on public roads and highways within the Menominee Reservation in respect to the enforcement of state traffic laws that are necessary to protect the highways against depredation or that would impair their use as a public right-of-way. State law enforcement officers can arrest any person who commits a federal offense in their presence. 66-115
International driving permits
The requirement of sec. 343.05(2)(d), Stats., that holders of international driving permits speak and read the English language is preempted by international treaties governing driving permits and therefore is invalid under the Supremacy Clause, U.S. Const. art. VI, cl. 2. 68-282
Intoxicating liquor
Section 346.93, Stats., contains two prohibitions: first, an absolute ban on a minor's possession of intoxicating liquor in a motor vehicle; second, a ban on a minor's possession of any malt beverage in a motor vehicle while any person under 18 years of age is a passenger or present in such motor vehicle. In order for a violation of that second prohibition to occur, a person under the age of 18 years, in addition to the violator of the statute, must be present in the vehicle. 66-215
Licenses and permits
Imprisonment or suspension of license under section 345.47(1)(a) and (b), Stats., does not eliminate the liability of a defendant for payment of the $150 surcharge provided for in section 346.655. The county does not become liable for the surcharge if not paid. An application for an occupational license is not a special proceeding requiring the payment of clerk's fees under section 814.61(1). 73-24
Suspension or revocation of operating privilege under secs. 343.30(1) and (1m), Stats., applies to both the regular driver's license and to the chauffeur's license. 63-240
Minors
Section 346.93, Stats., contains two prohibitions: first, an absolute ban on a minor's possession of intoxicating liquor in a motor vehicle; second, a ban on a minor's possession of any malt beverage in a motor vehicle while any person under 18 years of age is a passenger or present in such motor vehicle. In order for a violation of that second prohibition to occur, a person under the age of 18 years, in addition to the violator of the statute, must be present in the vehicle. 66-215
Motorcycles
Under sec. 343.05(1), Stats., a driver's license, indorsed for motor-driven cycle operation, is not required for operation of a motor-driven cycle on private property. 64-79
Nonmoving traffic violations
As used in sec. 165.87(2), Stats., the words "nonmoving traffic violations" apply only to violations of ordinances adopted under secs. 349.13 and 349.14, Stats., and violations of secs. 346.50 through 346.55, Stats. 66-308
Ordinance
The ordinance adopted by the Village of West Milwaukee which authorizes the placement of an immobilization device on an automobile of an individual who has ten or more outstanding or otherwise unsettled traffic violations does not constitute a valid exercise of a municipality's authority under Wisconsin law. 77-73
Section 349.06(1), Stats., authorizes local authorities to enact and enforce any ordinance which is in strict conformity with traffic regulation provisions of ch. 350 for which the penalty for violation is a forfeiture. 66-161
Permit fees
Motor carrier permit fees required by sec. 194.04(4)(a), (b), and (c), Stats., are not in conflict with Interstate Commerce Commission regulations and may be collected. The permit fee required by sec. 194.04(4)(d), Stats., is in conflict with such regulations and may not be collected. 63-206
Police
A person who flees or attempts to elude an unmarked police car, with flashing red lights and/or siren operating, does not violate sec. 346.04(3), Stats., unless the person knows that the signal from the unmarked vehicle was given by a traffic officer. 65-27
Police cars
Flashing blue lights on police vehicles are prohibited by sec. 347.07(2)(c), Stats. 63-80
An unmarked police vehicle displaying flashing red and blue lights is not a marked vehicle for purposes of section 346.04(3), Stats. 76-214
Police powers
Counties are restricted to controlling truck traffic under secs. 349.15 and 349.16, Stats. Exercise of the police power under sec. 349.15 need not be based on condition of roadbed, but may be exercised to promote the general welfare of the public. 66-110
Public records
Financial statements required by law to be filed with Department of Transportation in connection with applications for motor vehicle dealers' and motor vehicle salvage dealers' licenses are public records and are subject to inspection and copying under sec. 19.21(2), Stats., subject to limitations contained in court cases cited. 66-302
Registration fee
An ad valorem tax upon automobiles, where the assessment would be based on the manufacturer's suggested retail price and the age of the vehicle, and where the rate would be unrelated to the tax rate upon other taxable property, would violate the uniformity requirement of Wis. Const. art. VIII, sec. 1. (Unpub.). 99-1977
A motor vehicle registration fee which varies with the value of the motor vehicle or which is based upon the manufacturer's suggested retail price and the age of the motor vehicle would not violate article VIII, section 1 of the Wisconsin Constitution because the vehicle registration fee is a privilege tax, not a property tax. 79-135
Racetracks
A county board has power under section 59.07(18) and (64), Stats., to enact a reasonable licensing ordinance regulating the operation of motor vehicle racetracks outside the limits of cities and villages. 74-129
Revocation of operating privileges
