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)(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;
CR 22-048: am. (2) (b) Register July 2023 No. 811, eff. 8-1-23.
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(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)(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(4)(a)
(a)
Surety bonds. Any person attempting to file a surety company bond in lieu of maintaining automobile liability insurance with the department pursuant to s.
344.63 (1) (a), Stats., shall file a bond of a surety company duly authorized to transact business within this state that is conditioned for the payment of the amounts specified in s.
344.01 (2) (d), Stats. The bond may not be cancelable except after 10 days written notice to the secretary. The bond shall be in the form specified by the department.
Trans 100.25(4)(b)
(b) Judicial bonds. Any person attempting to file a judicially authorized bond in lieu of maintaining automobile liability insurance with the department pursuant to s.
344.63 (1) (a), Stats., shall file a bond with at least 2 individual sureties each owning real estate within this state and together having equities equal in value to at least twice the amount of the bond, which real estate shall be scheduled in the bond approved by a judge of a Wisconsin circuit or appellate court. The bond must be conditioned for the payment of the amounts specified in s.
344.01 (2) (d), Stats., and may not be cancelable except after 10 days written notice to the secretary.
Trans 100.25(5)(a)
(a) Securities filed with the department pursuant to s.
344.63 (1) (d), Stats., shall be of a type sold on the New York Stock Exchange, NASDAQ or NYSE Amex Equities exchange. The stock must have a minimum capitalization of $1,000,000,000. The stock must be liquid to the extent that over the 3-month period preceding filing with the department an average of at least 100,000 shares of the stock must have been traded on a daily basis on the exchange.
Trans 100.25(5)(b)1.
1. 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(5)(b)2.
2. An opinion of counsel, for the benefit of the department and persons intended to be protected by the filing described in s.
344.37 (2), Stats., that the securities to be filed by the depositor are securities that may legally be purchased by savings banks or for trust funds in this state and that the securities meet the requirements of par.
(a). The opinion shall identify the state or federal statute or regulation permitting the purchase of each deposited security.
Trans 100.25(5)(b)3.
3. An affidavit that the securities have a fair market value in excess of $60,000 and meet the requirements of par.
(a).
Trans 100.25(5)(b)4.
4. A pledge of the securities to the department in the form required by the department pledging the securities for the payment of damages resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made, including damages for care and for loss of services because of bodily injury to or death of any person and damages because of injury to or destruction of property and the consequent loss of use thereof. The pledge shall assign all rights to sell or redeem the securities or any coupons associated with the securities to the department in trust for the purposes set forth in this subdivision. The pledge shall exempt the department from any liability for selling or not selling the securities at any time, and shall specify that the depositor relinquishes all rights to sell the securities or to demand their sale by the department. The pledge shall remain effective until the earlier of the return of the deposit pursuant to s.
344.63 (3), Stats., or of the sale of the securities, whether made so that the proceeds of sale can be applied to the payment of judgments and assignments relating to motor vehicle accidents, following the procedure described in s.
344.20 (2), Stats., or made for any other reason.
Trans 100.25(5)(b)5.
5. The share certificates, bonds, including all bond coupons, if any, or other certificate.
Trans 100.25 History
History: EmR1017: emerg. cr. eff. 6-1-10;
CR 10-070: cr.
Register November 2010 No. 659, eff. 12-1-10.
