Chapter Trans 100
ACCIDENT REPORTING AND SAFETY RESPONSIBILITY
Trans 100.01 Purpose and scope.
Trans 100.02 Definitions.
Trans 100.025 Accident involvement.
Trans 100.03 Reporting an accident.
Trans 100.04 Required accident information.
Trans 100.05 Recording accident on operator's record.
Trans 100.06 Determining the reasonable possibility of a judgment.
Trans 100.07 Determination of security amount.
Trans 100.08 Security deposit.
Trans 100.09 Proof of operating without permission.
Trans 100.10 Hearing and suspension procedure.
Trans 100.11 Notice of subrogation.
Trans 100.12 Release of liability.
Trans 100.13 Written installment agreement.
Trans 100.15 Reinstatement requirements.
Trans 100.16 Self-insurance.
Trans 100.17 Transfer of vehicle ownership.
Trans 100.18 Damage judgments.
Trans 100.19 File purge criteria.
Trans 100.25 Mandatory insurance.
Ch. Trans 100 Note
Note: Chapter MVD 10 as it existed on October 31, 1985 was repealed and a new chapter Trans 100 was created effective November 1, 1985.
Trans 100.01(1)(1)
Statutory authority. As authorized by ss.
85.16 (1),
227.11, and
343.02, Stats., the purpose of this chapter is to administratively interpret s.
343.23 (2), Stats., relating to department records, ss.
344.01 to
344.48, Stats., relating to financial responsibility in accidents, s.
346.70, Stats., relating to accident reporting, and ss.
344.25 to
344.27, Stats., relating to damage judgments.
Trans 100.01(2)
(2) Applicability. This chapter applies to any person involved in a motor vehicle accident in Wisconsin as specified in ss.
344.12,
344.25 and
346.70, Stats.
Trans 100.01 Note
Note: For information on occupational licenses, see s.
Trans 117.03 (2) (k). Forms used in this chapter are MV 3038 resolution authorizing power of attorney under ch.
344, Stats., MV 3039 minors release, MV 3041 release of liability, MV 3657 evaluation of property damage, MV 3656 evaluation of personal injuries, MV 3658 evaluation of motor vehicle damage, MV 3069 application for self-insurance, MV 3070 safety responsibility self-insurance certificate, MV 3128 installment agreement to pay damages, MV 3347 emergency vehicle involvement, MV 3384 safety responsibility information, and MV 3387 reinstatement instructions, DT 4000 Wisconsin motor vehicle accident report, DT4002 Wisconsin motor vehicle accident report. Forms may be obtained, free of charge, from Wisconsin Department of Transportation, Uninsured Motorist Unit, P.O. Box 7999, Madison, WI 53707-7999.
Trans 100.01 History
History: Cr.
Register, October, 1985, No. 358, eff. 11-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 1987, No. 384; r. and recr. (1),
Register, April, 1994, No. 460, eff. 5-1-94;
CR 01-156: am. (1) and (2)
Register October 2005 No. 598, eff. 11-1-05;
CR 10-070: am. (1)
Register November 2010 No. 659, eff. 12-1-10.
Trans 100.02
Trans 100.02 Definitions. The words and phrases defined in ss.
340.01,
343.01,
343.04 and
344.01 (2), Stats., have the same meaning in this chapter unless a different definition is specifically provided. Unless otherwise indicated, where terms are defined in more than one of those sections and in s.
344.01 (2), the definition in s.
344.01 (2), Stats., shall control. In this chapter:
Trans 100.02(1)
(1) “Accident" means a happening involving a vehicle that results in damage or injury, including occurrences caused by “acts of God," negligence or intentional acts.
Trans 100.02(3)
(3) “Depositor" means a person who deposits security with the department under s.
344.17, Stats.
Trans 100.02(4)
(4) “Driver record" means the public record of a person's driver history maintained by the department in accordance with s.
343.23, Stats., or the records maintained by the department for a person who has been issued an identification card.
Trans 100.02(7)
(7) “Injured party" means a person who suffers personal injury or whose property is damaged in an accident.
Trans 100.02(9)
(9) “Legally parked" means a vehicle which is parked under ss.
346.03 (2) (a) or
346.51 to s.
346.54, Stats., or is indicated in writing to be legally parked at the time of the accident by the investigating law enforcement agency or the operators of other vehicles involved in the accident. A vehicle parked with doors or any part of a load extending into an adjoining space intended for vehicular travel may not be considered “legally parked."
Trans 100.02(10)
(10) “Licensee" means a person to whom the department has granted an operator's license.
Trans 100.02(13)
(13) “Report" means an accident report received on an approved form or one received in an automated format approved by the department.
Trans 100.02 Note
Note: Forms MV 4000—Wisconsin Motor Vehicle Accident Report, MV 4002 Driver Report of Accident and MV 4004, Report Supplement, are available from the DOT Traffic Accident Section, P.O. Box 7919, Madison, WI 53707-7919.
Trans 100.02(14)
(14) “Winter highway maintenance worker" means a person involved in the types of winter highway maintenance described in s.
343.23 (2) (a) 2., Stats.
Trans 100.02 History
History: Cr.
Register, October, 1985, No. 358, eff. 11-1-85; am. (intro.), (1), (3), r. (2), r. and recr. (5), (6), renum. (7) to be (9) and am. (9), cr. (7), (8),
Register, April, 1994, No. 460, eff. 5-1-94;
CR 01-156: am. (intro.) and (1), cr. (2), (4), (4m), (5), (6), (8), (12) and (14), r. and recr. (3) and (7), renum. (4) to be (9), (6) to be (11), (8) to be (13) and am., renum. (5) to be (10), r. (9)
Register October 2005 No. 598, eff. 11-1-05;
CR 10-070: cr. (11m), (12m), and (13m)
Register November 2010 No. 659, eff. 12-1-10; corrections in (4m) and (6) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2010 No. 659;
CR 11-043: am. (11m), (12m), (13m)
Register May 2013 No. 689, eff. 6-1-13.
Trans 100.025(1)(1)
A vehicle or person shall be considered to have been involved in an accident if any of the following conditions are met:
Trans 100.025(1)(b)
(b) The person or the vehicle's operator commits some act that contributes to cause an accident, regardless of physical contact.
Trans 100.025(1)(d)
(d) The vehicle makes contact with any other person or property and causes damage.
Trans 100.025(1)(e)
(e) The vehicle is damaged by a failure of a mechanical or electrical system resulting in fire or accident when it is in use primarily for moving persons or property, including the vehicle itself, from one place to another and is in motion, or in readiness for motion, and is unattended and not legally parked in a designated parking area.
Trans 100.025(1)(f)
(f) Property, parts or debris falls from the vehicle and causes an accident.
Trans 100.025(1)(g)
(g) A vehicle contacts or avoids debris or property on a roadway that has fallen from another vehicle or is not ordinarily found in a roadway, and causes an accident.
Trans 100.025(1)(h)
(h) The vehicle moves without an operator controlling its movements and causes an accident.
Trans 100.025(1)(i)
(i) One or more doors or any part of the load of a parked vehicle extends into an adjoining space intended for vehicular travel and an accident occurs as a result of that extension.
Trans 100.025 Note
Note: Accidents may be the result of “acts of God," or negligence or intentional acts. s.
Trans 100.02 (1).
Trans 100.025(2)
(2) Except as provided in sub.
(1) (i), the operator of a vehicle shall be considered to not have been involved in an accident if the vehicle was legally parked at the time of any damage to the vehicle.
Trans 100.025 History
History: CR 01-156: cr.
Register October 2005 No. 598, eff. 11-1-05.
Trans 100.03(1)(1)
In this section, “reportable" refers to an accident in which the minimum damage requirements of s.
346.70, Stats., are met or exceeded, and for which reporting the accident is mandatory under that section, or an accident to which the safety responsibility law applies under s.
344.12, Stats.
Trans 100.03 Note
Note: Section
346.66, Stats., makes the accident reporting requirements of s.
346.70, Stats., applicable only as follows:
Trans 100.03 Note
346.66 Applicability of sections relating to accidents and accident reporting. In addition to being applicable upon highways, ss.
346.67 to
346.70 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. These sections do not apply to private parking areas at farms or single-family residences or to accidents involving only snowmobiles, all-terrain vehicles or vehicles propelled by human power or drawn by animals.
Trans 100.03 NoteSection
344.12, Stats., makes the safety responsibility law apply as follows:
Trans 100.03 Note
344.12 Applicability of provisions relating to deposit of security for past accidents. Subject to the exceptions contained in s.
344.14, the provisions of this chapter requiring deposit of security and requiring suspension for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person of $1,000 or more.
Trans 100.03(1m)
(1m) A law enforcement agency investigating a reportable accident involving a vehicle shall report the accident to the department as required under s.
346.70 (4), Stats. If a law enforcement agency does not investigate and report the accident within 10 days after the accident, the operators of the vehicles involved in the accident shall report the accident to the department as required under s.
346.70 (2), Stats. The department may accept or require a report of the accident to be filed by the occupant or the owner in lieu of a report by the operator.
Trans 100.03 Note
Note: Forms MV 4000 Wisconsin Motor Vehicle Accident Report and MV 4002 Driver Report of Accident.
Trans 100.03(2)
(2) Persons misidentified as an operator in a law enforcement report may file a written report with the department regarding that fact. Upon receipt of such a report, the department shall require the person claiming to have been misidentified to do either of the following:
Trans 100.03(2)(a)
(a) Have the agency that filed the report file an amended law enforcement agency report with the department.
Trans 100.03(2)(b)
(b) Provide the department with a copy of court findings meeting any of the following criteria:
Trans 100.03(2)(b)1.
1. From any type of proceeding that identifies the true operator of the vehicle at the time of the accident.
Trans 100.03(2)(b)2.
2. From a criminal, traffic forfeiture or civil proceeding that concludes the person was not a vehicle operator involved in the accident.
Trans 100.03(2)(b)3.
3. From a civil court proceeding related to establishing liability issues related to the accident that the court cannot determine whether the person was the operator of a vehicle involved in the accident.
Trans 100.03(2m)
(2m) If a person filing a report under sub.
(2) does not meet one of the requirements of sub.
(2) (a) or
(b), the department shall accept the identification of the operator in the original police report as correct. If all operators involved in an accident that was reported by a person other than a police agency and all owners of vehicles involved in that accident stipulate that a person was misidentified in an accident report and identify another person as the actual operator, the department may accept the newly identified person as the actual operator of the vehicle and release the misidentified person from further responsibility under this chapter. In all other cases involving the identification of an operator in an accident report, the department shall make a determination of the accuracy of the identification of the operator based on the credibility of the evidence submitted at hearing.
Trans 100.03(3)
(3) The department shall assume that all accident reports it receives from enforcement agencies or operators meet the reporting criteria of s.
346.70 (1), Stats., or the minimum requirements for safety responsibility act under s.
343.12, Stats. An accident report filed by a police agency for an accident that is not reportable shall be returned to the reporting agency. A report from another source for an accident that is not reportable shall be discarded. If the department determines from credible evidence received, which could include property damage estimates or signed statements, that an accident that has been abstracted as part of a driver's record is not reportable, the accident will not be included in a public abstract of the driver's driver record maintained under s.
343.23, Stats.
Trans 100.03 Note
Note: On the current Wisconsin Motor Vehicle Accident Report form, MV4000, reporters indicate whether they believe an accident is reportable by so indicating in Box 1 of the form.
Trans 100.03(4)
(4) The department may not suspend a person's operating privilege or motor vehicle registration for failure to file an accident report, under s.
344.08, Stats., if no further information is needed from the person who failed to file the report.
Trans 100.03 History
History: Cr.
Register, October, 1985, No. 358, eff. 11-1-85; r. and recr. (1) and (3), am. (2),
Register, April, 1994, No. 460, eff. 5-1-94;
CR 01-156: renum. (1) to be (1m) and am., (4) renum. from Trans 100.14 (1) and am., cr. (1) and (2m), r. and recr. (2), am. (3)
Register October 2005 No. 598, eff. 11-1-05.
Trans 100.04(1)(1)
Accident report form required. Under s.
346.70 (2),
(3m) and
(4), Stats., the police, operator, owner or occupant shall complete and submit all accident information requested on the forms or in the automated format approved by the department.
