Chapter Trans 100

Trans 100.13(1)(g) (g) If an injured party to the agreement is less than 18 years old and the amount of deposit required by the department under s. 344.13, Stats., exceeds $5,000, or a doctor’s certification that the injury is not permanent is not filed with the department, a guardian’s signature in his or her capacity as guardian is required, together with a court order authorizing the guardian for the injured party to enter into the agreement.

Trans 100.13(1)(h) (h) If an injured party to the agreement is incompetent, a guardian’s signature in his or her capacity as guardian is required, together with a court order authorizing the guardian for the injured party to enter into the agreement.

Trans 100.13 Note Note: Sections 807.10, 344.14 (2) (h), and 344.18 (1) (b), Stats.; Form MV 3128— Installment Agreement to Pay Damages.

Trans 100.13(1)(i) (i) A statement as to whether the claim is for injury to property, injury to a person, or injury to a combination of persons or property, and that upon payment of the appropriate amount specified in s. Trans 100.18 (1) (f) to (i), the judgment creditor shall report the judgment as “satisfied for purposes of s. 344.26 (3), Stats.,” to the division of motor vehicles.

Trans 100.13(2) (2) An amended agreement shall be accepted if the original agreement filed is valid, the amended agreement is signed by all parties to the original agreement, and any required court approval under sub. (1) (g) is filed. Parties who have released their claims prior to the amendment may not be required to join in any amendment.

Trans 100.13(3) (3) Notwithstanding s. 344.18 (3), Stats., a person who has been released from liability for debts arising from an accident may not be subjected to operating privilege or motor vehicle registration suspension based upon a default in a written installment agreement for the liability that has been released.

Trans 100.13(4) (4) A person may not reinstate his or her operating privilege upon filing a written installment agreement if the person’s operating privilege has been suspended for failure to comply with a court-ordered installment plan under s. 344.27 (3), Stats., until the case is resolved under s. Trans 100.18.

Trans 100.13 Note Note: Section 344.27 (3), Stats., provides that “[i]f the judgment debtor fails to pay any installment as specified by such order, the secretary, upon notice of such default, shall immediately suspend the operating privilege and registrations of the judgment debtor until such judgment is satisfied as provided in s. 344.26.” Section 344.26 provides that a person whose operating privilege is suspended for a damage judgment may be reinstated if the judgment is stayed, satisfied or discharged. But, s. 344.26 (3) makes clear that “satisfaction,” as used in the statute, does not have its ordinary and generally understood meaning of paying a judgment in full (see, for example, s. 806.20, Stats.). Rather, “satisfaction” under the damage judgment law means to pay a creditor the same amount the creditor would have received if the judgment debtor had held insurance in the minimum mandatory amounts required to avoid responsibility under the safety responsibility laws. Trans 100.18 deals with the process of resolving a damage judgment suspension, including paying off the amount required to “satisfy” a judgment under s. 344.26 (3), Stats.

Trans 100.13 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; CR 01-156: am. (1) (intro.), (a) to (d) and (2), cr. (1) (e) to (h) and (3) Register October 2005 No. 598, eff. 11-1-05; CR 10-070: cr. (1) (i) and (4) Register November 2010 No. 659, eff. 12-1-10.

Trans 100.15 Trans 100.15 Reinstatement requirements.

Trans 100.15(1) (1) Fee requirements. Except as provided in sub. (3), a person shall pay the following fees as a condition of reinstating an operating privilege or motor vehicle registration that is suspended or revoked under ch. 344, Stats.:

Trans 100.15(1)(a) (a) A person whose motor vehicle registration has been suspended or revoked under ch. 344, Stats., shall pay the reinstatement fee specified in s. 341.36 (1m), Stats.

Trans 100.15(1)(b) (b) A person whose operating privilege has been suspended or revoked under ch. 344 shall pay the reinstatement fee specified in s. 343.21 (1) (j), Stats.

Trans 100.15(1)(c) (c) Persons subject to both motor vehicle registration and operating privilege suspensions shall pay all fees required under pars. (a) and (b).

Trans 100.15(2) (2) Proof of financial responsibility requirement. Except as provided in sub. (3), a person reinstating his or her operating privilege or motor vehicle registration shall satisfy the following proof of financial responsibility for the future requirements:

Trans 100.15(2)(a) (a) If the person’s operating privilege or motor vehicle registration was suspended or revoked for failing to deposit security, the person shall meet the proof of financial responsibility for the future requirements of s. 344.18 (1m), Stats., for 3 years from the date the person meets one of the requirements under sub. (4).

Trans 100.15(2)(b) (b) If the person’s operating privilege or motor vehicle registration was suspended or revoked for failure to pay a damage judgment, the person shall meet the proof of financial responsibility for the future requirements of s. 344.26 (1), Stats. If the department imposed the revocation or suspension before September 1, 2000, and 3 years have not passed since the entry of judgment, the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date of the entry of judgment. If the revocation or suspension was imposed by the department on or after September 1, 2000, and the judgment has been stayed, satisfied or discharged, the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date the judgment was stayed, satisfied or discharged. If the revocation or suspension was imposed by the department on or after September 1, 2000, and a court has ordered that the judgment debtor be allowed to pay the judgment in installments under s. 344.27 (2), Stats., the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date that order is filed with the department. In the event the person defaults on the installment agreement and is subjected to another operating privilege or motor vehicle registration suspension, and the judgment is stayed, satisfied or discharged, the person will be required to post proof of financial responsibility for the future for a 3 year period from the date the judgment was stayed, satisfied or discharged.

Trans 100.15 Note Note: See 1999 Wis. Act 80, s. 9348, for authority on provisions involving the date September 1, 2000.

Trans 100.15(3) (3) Fees and proof of financial responsibility for the future not required. No operating privilege or motor vehicle registration reinstatement fee or future proof of insurance is required when any of the following occur:

Trans 100.15(3)(a) (a) The person submits credible evidence to the department that the person was not the driver or owner of the vehicle involved in the accident.

Trans 100.15(3)(b) (b) The person submits written verification to the department that an insurance policy or bond meeting the requirements of s. 344.15, Stats., was in effect at the time of the accident. The written verification must be submitted prior to the person reinstating his or her operating privilege or motor vehicle registration.

Trans 100.15(3)(c) (c) The department’s decision is reversed by a circuit or higher court in a petition for review.

Trans 100.15(3)(d) (d) A stay imposed under United States bankruptcy laws prohibited suspension or revocation of the person’s operating privilege or motor vehicle registration at the time the department suspended or revoked the person’s operating privilege.

Trans 100.15(3)(e) (e) The suspension is a result of administrative error on the part of the department.

Trans 100.15(3)(f) (f) A person suspended under ch. 344, Stats., petitions the department and a hearing examiner determines there is no reasonable possibility of a judgment against a person.

Trans 100.15(4) (4) Resolving claim in safety responsibility cases. A person whose operating privilege or motor vehicle registration is suspended or revoked for failure to deposit security under s. 344.14 or 344.18 (3), Stats., shall meet one of the following conditions as a prerequisite to reinstating the operating privilege or motor vehicle registration:

Trans 100.15(4)(a) (a) Deposit security as required by s. 344.18 (1) (a), Stats., in the amount and form required under ss. Trans 100.07 and 100.08.

Trans 100.15(4)(b) (b) File evidence with the department that the person has been released from liability or adjudicated not to be liable as required by s. 344.18 (1) (b), Stats., in a form acceptable under s. Trans 100.12.

Trans 100.15(4)(c) (c) File a written agreement with the department as required by s. 344.18 (1) (c), Stats., in the form and manner required by s. Trans 100.13.

Trans 100.15(4)(d) (d) Be subject to an operating privilege or motor vehicle registration suspension or revocation for a period of more than one year, provided that no notice is filed with the department by an injured party or claimant in interest that an action has been commenced in the form and manner required by s. 344.18 (1) (d), Stats.

Trans 100.15(5) (5) Resolving claim in damage judgment cases. A person whose operating privilege or motor vehicle registration was suspended or revoked for failure to pay a damage judgment may not reinstate an operating privilege or motor vehicle registration until the person resolves the damage judgment case in a manner permitted under s. Trans 100.18.

Trans 100.15 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 under s. Trans 100.18. See s. Trans 100.18 (4) regarding the effect of a bankruptcy on a damage judgment revocation.

Trans 100.15 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; r. and recr., Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. ((intro.), renum. (1) to be (3) (a), (3) to be (3) (c), cr. (1), (2) and (5), renum. (2) to be (3) (b), (5) and (6) to be (3) (e) and (f) and am., r. and recr. (4), Register October 2005 No. 598, eff. 11-1-05; CR 10-070: renum. (5) (intro.) to be (5) and am., r. (5) (a) to (e) Register November 2010 No. 659, eff. 12-1-10; CR 22-048: am. (3) (a) Register July 2023 No. 811, eff. 8-1-23.

Trans 100.16 Trans 100.16 Self-insurance.

Trans 100.16(1) (1) The department shall issue a certificate of self-insurance to a person under the following conditions:

Trans 100.16(1)(a) (a) The person owns more than 25 motor vehicles which are registered in Wisconsin;

Trans 100.16(1)(b) (b) An application for self-insurance is completed, and

Trans 100.16(1)(c) (c) The person’s application and a financial statement, signed during the last calendar year, indicate that the person has and will continue to have the ability to pay judgments arising out of motor vehicle accidents.

Trans 100.16 Note Note: Forms MV 3069—Application for Self-Insurance and MV 3070—Safety Responsibility Self-Insurance Certificate.

Trans 100.16(2) (2) Self-insurance certificates shall be issued for a period of one year.

Trans 100.16(3) (3) Renewal of a certificate requires submittal of a new self-insurance application and a financial statement.

Trans 100.16(4) (4) 

Trans 100.16(4)(a) (a) A person shall be considered to have the ability to pay judgments arising out of motor vehicle accidents if the person has unencumbered assets of at least the sum of multiple injury minimum coverage plus property damage minimum coverage times the square root of the total number of motor vehicles owned by the person and operated on Wisconsin highways, is paying creditors as the person’s debts become due, and does not have any judgment, fine or forfeiture that has remained unpaid more than 30 days.

Trans 100.16 Note Note: The sum of multiple injury minimum coverage plus property damage minimum coverage is $60,000. Wis. Stat. s. 344.33 (2) (b) and (c).

Trans 100.16(4)(b) (b) In this subsection:

Trans 100.16(4)(b)1. 1. “Unencumbered assets” means the net worth of the person less the sum of all contingencies and reserved capital.

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 100.17 Transfer 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 100.18 Damage 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.