This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Trans 100.16 Note Note: Unencumbered Assets = Net Worth – (Contingencies + Reserved Capital).
Trans 100.16(4)(b)2. 2. “Contingencies" means events that have occurred, or that are likely to occur, that if included in the financial statements of the person, would have a material effect on the financial position of that person.
Trans 100.16 Note Note: Examples of contingencies include a lawsuit that could result in the payment of damages, fines or forfeitures that have not been reflected or disclosed on the financial statements or investment losses not yet realized and not reflected or disclosed on the financial statements.
Trans 100.16(4)(b)3. 3. “Reserved capital" means any amount reserved by management as required by contract or reserved for a specific activity.
Trans 100.16 Note Note: Examples of reserved capital include established reserves required by loan agreements, planned purchases of company stock, and planned distributions of capital.
Trans 100.16(4)(c) (c) Evidence that a person has the ability to pay judgments shall be provided in the form of audited financial statements or on a United States securities and exchange commission form 10K filing.
Trans 100.16 Note Note: The provisions of sub. (4) are drawn from the Insurance Industry Committee on Motor Vehicle Administration's recommendations to the American Association of Motor Vehicle Administrators.
Trans 100.16 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; CR 01-156: am. (2), cr. (4) Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (4) (a) Register November 2010 No. 659, eff. 12-1-10.
Trans 100.17 Trans 100.17Transfer of vehicle ownership.
Trans 100.17(1)(1)A transfer of ownership of any motor vehicle that has its registration suspended or revoked or is subject to suspension or revocation under s. 344.14, Stats., may not be allowed under any of the following circumstances:
Trans 100.17(1)(a) (a) The owner whose registration is suspended, revoked or subject to suspension continues to have possession of, use of, or receive any benefit from the operation of the motor vehicle.
Trans 100.17(1)(b) (b) The transferee resides at the same address as the transferor.
Trans 100.17(1)(c) (c) The transferee is unable to prove that adequate consideration was paid for the motor vehicle.
Trans 100.17(1m) (1m)The department may not issue a title in the name of a purported purchaser for a motor vehicle if the transaction is impermissible under sub. (1).
Trans 100.17(2) (2)A person's registration shall be considered subject to suspension or revocation under s. 344.14, Stats., when written notice of a security requirement under s. 344.13, Stats., is issued by the department.
Trans 100.17(3) (3)An application for transfer of ownership may be accepted and a title may be issued in the name of the purchaser, when either of the following occur:
Trans 100.17(3)(a) (a) The motor vehicle is repossessed by a person who, pursuant to the terms or conditions of any written instrument, is given a right of repossession.
Trans 100.17(3)(b) (b) The purchaser does not reside at the same address as the seller and the full value of the motor vehicle has been paid to the seller. The department may require proof of payment, an affidavit from the buyer or seller, or other evidence that the proposed transfer is in good faith.
Trans 100.17(4) (4)If the department refuses to acknowledge an alleged transfer of ownership and to issue a title in the name of the alleged purchaser, the department shall do all of the following:
Trans 100.17(4)(a) (a) Create a new title, without charge, in the name of the seller and send it to the seller with a letter explaining why the transfer of ownership was refused.
Trans 100.17(4)(b) (b) Return all fees submitted with the application to the purchaser with an explanation as to why the transfer of ownership was refused.
Trans 100.17(5) (5)If the department issues a title in violation of s. 344.46, Stats., after it issues a notice of security requirement under s. Trans 100.10 (1), the department shall suspend any outstanding title and registration, shall notify the transferee and transferor of that fact, and shall demand return of the mistakenly issued title. Upon return of the title to the department, the department shall provide a duplicate title to the transferor, without fee. A vehicle that is transferred as a gift, is sold for inadequate consideration, that remains in the possession of the transferor, that continues to be used by the transferor, or that is transferred to a spouse, parent, child, spouse's parent, child's spouse, step parent, step child, or any person residing at the same address as the transferor, shall be presumed to have been transferred for the purpose or with the effect of defeating the purpose of ch. 344, Stats.
Trans 100.17(6) (6)The department may notify any lien holders of record or appearing on alleged purchaser's title application of the department's actions under this section and the reasons for those actions and may provide copies of any materials sent by the department to the alleged purchaser or seller.
Trans 100.17 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1), (2) and (4) (b), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1), (2), (3) (intro.), (a) and (b), and (4) (intro.) and (b), cr. (1m), (5) and (6), r. (4) (c), Register October 2005 No. 598, eff. 11-1-05.
Trans 100.18 Trans 100.18Damage judgments.
Trans 100.18(1)(1)Suspension. Upon receipt of a certified damage judgment from a Wisconsin court, the department shall immediately suspend the judgment debtor's operating privilege and the registration of the judgment debtor's motor vehicles. The suspension shall remain in effect until the person meets the criteria of sub. (5), and until one of the following conditions is met:
Trans 100.18(1)(a) (a) The person files with the department a certified or court stamped copy of a satisfaction of judgment.
Trans 100.18(1)(b) (b) The person files with the department a court ordered installment payment schedule meeting the requirements of s. 344.27, Stats.
Trans 100.18 Note Note: Section 128.21, Stats., voluntary proceeding orders do not stay Ch. 344 license suspension or revocation actions, and are therefore inadequate to resolve a damage judgment suspension or revocation.
Trans 100.18(1)(c) (c) The person files with the department an installment agreement complying with sub. (3).
Trans 100.18(1)(d) (d) The person's suspension or revocation is temporarily or permanently affected under sub. (4) because of a bankruptcy.
Trans 100.18(1)(e) (e) More than 20 years from the entry date of the judgment have elapsed.
Trans 100.18 Note Note: See s. 893.40, Stats.
Trans 100.18(1)(f) (f) If the judgment is for property damage, the person files proof of payment of an amount equal to the property damage minimum coverage level described in s. Trans 100.02 (12m) to the judgment creditor, including payments made in settlement or partial settlement of the property damage claim or payments made to the court for application to the judgment. Payments on the claim made by the judgment debtor, an insurance carrier, or any other person may be aggregated to reach that amount.
Trans 100.18 Note Note: See the note following s. Trans 100.18 (1) (i).
Trans 100.18(1)(g) (g) If the judgment is for injury to a single person, the person files proof of payment of an amount equal to the single injury minimum coverage level described in s. Trans 100.02 (13m) to the judgment creditor, including payments made in settlement or partial settlement of the injury claim or payments made to the court for application to the judgment. Payments on the claim made by the judgment debtor, an insurance carrier, or any other person may be aggregated to reach that amount.
Trans 100.18 Note Note: See the note following s. Trans 100.18 (1) (i).
Trans 100.18(1)(h) (h) If the judgment is for injury to more than one person, the person files proof of payment of an amount equal to the multiple injury minimum coverage level described in s. Trans 100.02 (11m) to the judgment creditor, including payments made in settlement or partial settlement of the injury claim or payments made to the court for application to the judgment. Payments on the claim made by the judgment debtor, an insurance carrier, or any other person may be aggregated to reach that amount.
Trans 100.18 Note Note: See the note following s. Trans 100.18 (1) (i).
Trans 100.18(1)(i) (i) If the judgment results from any combination of property damage, injury to one person, or injury to more than one person, the person files proof of payment of the amount applicable under par. (f) plus the amount applicable under par. (g) or (h), whichever is applicable, to the judgment creditor, including payments made in settlement or partial settlement of the property damage or injury claims or payments made to the court for application to the judgment. Payments on the judgment creditor's claim made by the judgment debtor, an insurance carrier, or any other person may be aggregated to reach the amount required to be paid prior to satisfaction of the damage judgment for driver licensing purposes under this paragraph.
Trans 100.18 Note Note: Under s. 346.26 (3), Stats., a judgment is deemed “satisfied" to the extent that a person should be able to reinstate their operating privilege once the person has paid a judgment debtor an amount equal to the minimum required insurance amounts a person needs to avoid operating privilege suspension under the safety responsibility law. The actual judgment may not be partially satisfied to the same extent because payment of interest, costs and attorneys fees all qualify as payment toward this total dollar amount. Pars. (f), (g), and (h) address this means of “satisfying" specific types of damage judgments for driver licensing purposes. Par. (i) addresses situations where a debtor owes for both property damage and personal injury and requires payment of up to $35,000 ($10,000 + $25,000) for such an accident to property and one person or $60,000 ($10,000 + $50,000) for damages to property and injuries to multiple persons as a precondition of reinstatement. Of course, providing evidence that the entire judgment has been satisfied with a court is also acceptable. Minimum mandatory insurance amounts are set under s. 344.33 (2), Stats.
Trans 100.18(1m) (1m) Resuspension. If a judgment debtor fails to comply with the payment terms of a voluntary or court-ordered agreement under sub. (1) (b) or (c), upon notice of the default, the secretary shall suspend the debtor's operating privilege. That suspension shall remain in effect until the judgment debtor meets the requirements of sub. (1) (a) to (i).
Trans 100.18 Note Note: The first sentence of this provision provides that a person whose operating privilege is suspended for a damage judgment may reinstate by paying off the judgment, entering into a voluntary payment agreement with the judgment creditor, obtaining a court-ordered payment plan, filing for bankruptcy, waiting 5 years, or paying the creditor an amount equal to the insurance that would have been paid to the creditor had the judgment debtor held insurance in the minimum mandatory insurance amounts specified in 344.33 (2), Stats. This provision permits more than one debtor-creditor agreed or judicially ordered payment plan under s. 344.25 or 344.27, Stats.
Trans 100.18(2) (2) Out-of-state and tribal court judgments.
Trans 100.18(2)(a) (a) Out-of-state judgments against Wisconsin drivers. Upon receipt of a certified damage judgment naming a Wisconsin resident or licensed operator as judgment debtor from a court or driver licensing authority in another jurisdiction, the department shall provide notice of the receipt of the certification to the judgment debtor. The department shall suspend the operating privilege and motor vehicle registrations of the judgment debtor unless, within 30 days of the issuance of the notice by the department, the person satisfies one of the requirements of sub. (1) (a) to (i) or, files a letter of clearance or other proof of license reinstatement in that other state from the driver licensing authority in the other jurisdiction.
Trans 100.18 Note Note: See s. 344.25 (5), Stats.
Trans 100.18(2)(am) (am) Out-of-state judgments against drivers moving to Wisconsin from another state. If a judgment debtor's operating privilege is suspended or revoked in another state for nonpayment of a judgment before the debtor obtains a Wisconsin driver license, the judgment debtor may not be licensed in Wisconsin until the debtor reinstates his or her operating privilege in that other state. If another state provides notice to Wisconsin of entry of a damage judgment in that other state which may result in suspension for nonpayment of the judgment in Wisconsin under s. 344.25 (5), Stats., the department shall provide notice of the receipt of the certification to the judgment debtor. The department shall suspend the operating privilege and motor vehicle registrations of the judgment debtor unless, within 30 days of the issuance of the notice by the department, the person satisfies one of the requirements of sub. (1) (a) to (i), or files a letter of clearance or other proof of license reinstatement in that other state from the driver licensing authority in the other jurisdiction.
Trans 100.18 Note Note: Where notice of a judgment debt is sent to the Department by a licensing authority in another state, obtaining a release letter may be required as a precondition to obtaining or keeping a Wisconsin driver license. If the judgment debtor has moved to Wisconsin from the other state, the Department is prohibited from issuing the person a license if the person's operating privilege is suspended or revoked in the other state. s. 343.38 (4), Stats. If the person has been issued a license, it will be cancelled. s. 343.25, Stats.
Trans 100.18(2)(b) (b) Tribal judgments. Upon receipt of a certified damage judgment naming a Wisconsin resident or licensed driver as judgment debtor from an Indian tribal court in Wisconsin, the department shall provide notice of the receipt of the certification to the judgment debtor. The department shall suspend the operating privilege and motor vehicle registrations of the judgment debtor unless, within 30 days of the issuance of the notice by the department, the person satisfies one of the requirements of sub. (1) (a) to (i).
Trans 100.18(2)(c) (c) Period of suspension. If a judgment debtor's operating privilege or vehicle registration is suspended because of non-payment of an out-of-state or tribal judgment, the person's operating privilege or vehicle registration shall remain suspended until the person meets the criteria of sub. (5) and the person satisfies one of the requirements of sub. (1) (a) to (i).
Trans 100.18(3) (3) Installment agreements.
Trans 100.18(3)(a)(a) If a judgment creditor consents to allow a judgment debtor to retain or reinstate the debtor's operating privilege or motor vehicle registration under s. 344.25 (2), Stats., the parties shall file a copy of the written installment agreement between the parties. The agreement shall meet the requirements of s. Trans 100.13. In applying the requirements of s. Trans 100.13, the term “injured party" shall mean the judgment creditor, and the term “uninsured person" shall mean the judgment debtor. The installment agreement shall provide that upon payment of the sums specified in the agreement, the judgment will be satisfied. The installment agreement shall clearly state whether the judgment is for damages to property, or damages to a single individual or multiple individuals, or both, shall state the aggregate payment amount sufficient to permit reinstatement of the person's operating privilege under sub. (1) (f) to (i), and shall require the judgment creditor to advise the division of motor vehicles upon receipt of payments totaling that amount.
Trans 100.18(3)(b) (b) If the department is notified that a judgment debtor has defaulted on a written installment agreement filed under s. 344.25, Stats., and 6 months have not elapsed from the date of the agreement, the department shall advise the person notifying the department of the default that no action may be taken until 6 months have elapsed and may not take further action. If 6 months have elapsed from the date of the agreement, the department shall immediately suspend the person's operating privilege and motor vehicle registration. The suspension shall remain in effect until the person complies with sub. (5) and meets one of the conditions required for reinstatement under sub. (1) (a), (b), or (d) to (i).
Trans 100.18 Note Note: Section 344.25 (2), Stats., provides that a reinstatement following filing of a repayment agreement is for a minimum of 6 months. Courts do not have authority to order operating privilege or motor vehicle registration reinstatement in voluntary wage earner debt amortization proceedings under s. 128.21, Stats. Amortization orders entered under s. 128.21 will not result in a debtor being able to immediately reinstate his or her operating privilege or motor vehicle registration. In cases where a s. 128.21 proceeding is considered, bringing a parallel s. 344.27 motion to amortize a judgment debt should be considered.
Trans 100.18(4) (4) Bankrupt persons under damage judgment law.
Trans 100.18(4)(a) (a) A person whose operating privilege or motor vehicle registration is suspended or revoked under s. 344.25, Stats., who files a petition in bankruptcy, and from whom collection of a pre-bankruptcy damage judgment debt is stayed under 11 USC 362, or whose personal liability for the damage judgment debt is discharged under U. S. bankruptcy laws, may reinstate his or her operating privilege or motor vehicle registrations. The person shall be subject to all the same vehicle reinstatement, filing and fee requirements as any other person seeking operators license or registration reinstatement who has obtained a satisfaction of judgment following a damage judgment suspension.
Trans 100.18 Note Note: See Holder v. DOT, 40 BR 847 (E.D. Wisc., 1984) regarding the Department's authority to require proof of financial responsibility for the future of a bankruptcy debtor. Tort liability is not “consumer debt" under 11 USC 101 (7). Therefore, Ch. 13 co-debtor stay does not prohibit collection against non-bankrupt persons. In re ALVAREZ, 57 BR 65 (S.D. Fla., 1985).
Trans 100.18(4)(b) (b) If a judgment creditor notifies the department that the automatic stay has been lifted to permit collection of the debt evidenced by the damage judgment, the department shall suspend the person's motor vehicle registration and operating privilege.
Trans 100.18(4)(c) (c) If the debtor's bankruptcy case closes or the automatic stay is lifted and the debt is not dischargeable under United States bankruptcy law, the department shall suspend the debtor's operating privilege and motor vehicle registration upon receipt of one of the following:
Trans 100.18(4)(c)1. 1. If a hearing is required to determine dischargeability of the judgment debt under 11 USC 523 (c) (1), a copy of the court order finding the debt to be non-dischargeable.
Trans 100.18(4)(c)2. 2. If no hearing is required to determine dischargeability of the judgment debt under 11 USC 523 (c) (1), then an affidavit of the claimant that the judgment is not dischargeable under bankruptcy law, citing the appropriate exception to discharge applicable to the judgment debt under 11 USC 523 (a), and affirming that the debt was not discharged in the debtor's bankruptcy proceeding, or a court order making a determination that the debt was not discharged by the bankruptcy proceeding.
Trans 100.18(4)(d) (d) The department may not permit a person whose operating privilege or motor vehicle registration was suspended under par. (c) to reinstate the operating privilege or motor vehicle registration unless the person provides a court order or findings to the department from a proceeding to which the judgment debtor and creditor were parties concluding that the debt was, in fact, discharged by the bankruptcy proceeding or the person meets the reinstatement requirements of sub. (1) (a) to (e).
Trans 100.18(4)(e) (e) A debtor who alleges a damage judgment was entered and certified to the department in violation of the automatic stay in violation of 11 USC 362 shall be required to provide evidence that the judgment is void or has been vacated or satisfied as a condition of license reinstatement.
Trans 100.18(5) (5) Standard reinstatement requirements.
Trans 100.18(5)(a) (a) In order to reinstate an operating privilege after a suspension or revocation for nonpayment of a damage judgment, in addition to satisfying the damage judgment by complying with subs. (1) to (3), a driver must also pay all fees required for operating privilege reinstatement and file any required proof of financial responsibility for the future.
Trans 100.18(5)(b) (b) In order to reinstate vehicle registration after a suspension or revocation for nonpayment of a damage judgment, a driver must also pay any fee required for reinstatement of the vehicle registration.
Trans 100.18 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. and recr. Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (1) (intro.), (2) (a), (b), (3) (a), and (4) (title), cr. (1) (f) to (i), (1m), (2) (am), (c), and (5), renum. (3) (b) (intro.) to be (3) (b) and am., r. (3) (b) 1. to 3. Register November 2010 No. 659, eff. 12-1-10.
Trans 100.19 Trans 100.19File purge criteria.
Trans 100.19(1)(1)The department may purge references to accidents from the department's online database of driver records twice per year or with such increased frequency as the secretary deems appropriate.
Trans 100.19(2) (2)An accident may be removed from a driver record if more than 4 years from the date of the accident have elapsed when the purge is conducted.
Trans 100.19(3) (3)A safety responsibility suspension or revocation case entry may be removed from a driver record if 5 years from the effective date of the suspension or revocation, or 3 years from the operator's reinstatement eligibility date, whichever is longer, have elapsed at the time the purge is conducted.
Trans 100.19(4) (4)After a damage judgment is satisfied or discharged, the damage judgment suspension or revocation case entry may be removed from a driver record at the time a purge is conducted if 3 years from the date the person meets one of the criteria in s. Trans 100.18 (1) (a) or (e), or 5 years from the date of the suspension or revocation, whichever is longer, have elapsed.
Trans 100.19(5) (5)After a damage judgment debt is discharged in a bankruptcy proceeding, the damage judgment suspension or revocation case entry may be removed from the debtor's driver record at the time a purge is conducted if 3 years from the date the debtor is discharged from liability for the accident in a bankruptcy proceeding, or 5 years from the date of the suspension or revocation, whichever is longer, have elapsed.
Trans 100.19 Note Note: The Department conducts system wide “purges" of its driver database once or twice per year, usually over weekends around the 1st of the year and the 1st of July. A record entry is removed if it meets purge criteria on the date a purge is conducted. Entries are not removed on anniversary dates, but rather, in the first purge conducted after the appropriate anniversary date.
Trans 100.19 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; r. (3), (1) and (2) renum. from Trans. 100.18 (1) and (2), Register, April, 1994, eff. 5-1-94; CR 01-156: renum. (1) to be (2), (2) to be (3), and am., cr. (1), (4) and (5) Register October 2005 No. 598, eff. 11-1-05.
Trans 100.25 Trans 100.25Mandatory insurance.
Trans 100.25(1)(1)Exceptions. The purpose of this section is to implement and administer the provisions of subch. VI of ch. 344, Stats., relating to mandatory insurance requirements and exceptions to the requirement of having automobile insurance in Wisconsin.
Trans 100.25(2) (2) Deposits in lieu of mandatory insurance. A person making a deposit with the department under s. 344.63, Stats., shall file a complete application with the department containing all required information. In addition, the person shall provide the additional materials or information and deposit in the form required in subs. (3) to (5).
Trans 100.25(3) (3) Cash deposits.
Trans 100.25(3)(a)(a) For purposes of s. 344.63 (1) (d), Stats., any of the following shall be considered a deposit of cash with the department:
Trans 100.25(3)(a)1. 1. United States currency.
Trans 100.25(3)(a)2. 2. A cashier's check or draft.
Trans 100.25(3)(a)3. 3. A money order.
Trans 100.25(3)(a)4. 4. A financial institution check or draft.
Trans 100.25(3)(a)5. 5. A certified personal or business check or draft.
Trans 100.25(3)(a)6. 6. An attorney trust account check or draft.
Trans 100.25(3)(b) (b) Any person attempting to file cash in lieu of maintaining automobile liability insurance with the department pursuant to s. 344.63 (1) (d), Stats., shall file, with the deposit, a certification from the clerk of courts in the county where the depositor resides dated no later than 15 calendar days prior to the date the deposit is received by the department, that indicates the clerk has searched the official records of the county and that no records of unsatisfied judgments of any character against the depositor exist in that county.
Trans 100.25 Note Note: See ss. 344.63 (1) (d) and 344.37 (1), Stats.
Trans 100.25(4) (4) Bond.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.