Chapter Trans 114
UNIFORM TRAFFIC CITATION
Trans 114.01 Purpose and scope. Trans 114.02 Definitions. Trans 114.03 Prototype uniform traffic citation form use. Trans 114.05 Field test findings. Trans 114.06 Uniform traffic citation. Trans 114.07 Use of uniform traffic citation. Trans 114.08 Changes to the uniform traffic citation. Ch. Trans 114 NoteNote: Chapter Trans 114 was created as an emergency rule effective 5-1-89; chapter MVD 21 as it existed on December 31, 1989, was repealed and a new chapter Trans 114 was created effective 1-1-90.
Trans 114.01Trans 114.01 Purpose and scope. As authorized by s. 345.11 (4), Stats., the purpose of this chapter is to establish a uniform traffic citation form and to provide a mechanism for field testing future revisions to the uniform traffic citation form as proposed by the council on uniformity of traffic citations and complaints. Trans 114.01 HistoryHistory: Cr. Register, December, 1989, No. 408, eff. 1-1-90. Trans 114.02Trans 114.02 Definitions. The words and phrases defined in ss. 340.01 and 343.01, Stats., and ch. 345, Stats., have the same meaning in this chapter unless a different meaning is expressly provided or the context clearly indicates a different meaning. In this chapter: Trans 114.02(1)(1) “Automated citation” means an automated uniform traffic citation described in s. 345.11 (2), Stats., created on a computer and printed on paper in the format prescribed by this chapter, rather than on a preprinted citation form. Trans 114.02(2)(2) “Field test” means to utilize a prototype traffic citation form among a representative number of law enforcement jurisdictions that volunteer to field test it. Trans 114.02(3)(3) “Prototype uniform traffic citation form” means a form created by the secretary’s council on uniformity of traffic citations and complaints, which serves as a model for field testing and against which the secretary’s council bases its recommendations for improvements when drafting the final version of the uniform traffic citation form. Trans 114.02(4)(4) “Field test jurisdiction” means a law enforcement jurisdiction which volunteers to field test a prototype uniform traffic citation form. Trans 114.02 HistoryHistory: Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 02-153: am. (intro.), renum. (1) to (3) to be (2) to (4) and am. (2), cr. (1) Register June 2003 No. 570, eff. 7-1-03. Trans 114.03Trans 114.03 Prototype uniform traffic citation form use. A prototype uniform traffic citation form may be used in field tests for the purpose of evaluating the changes authorized under s. 345.11, Stats., and to allow for input by affected parties toward the final design of the uniform traffic citation form. The prototype uniform traffic citation form will be used in lieu of the current traffic citation form in the field test jurisdictions during the field test. However, use of the prototype uniform traffic citation form does not invalidate the use of the current uniform traffic citation in the field test jurisdictions or in any other jurisdiction during the field test period. Trans 114.04Trans 114.04 Safeguards. To ensure the authenticity of documents and prevent fraud, the department may implement procedures designed to prevent duplication or fraudulent alteration of documents, including: Trans 114.04(1)(1) Requiring control numbers appear on preprinted and automated citations. Trans 114.04(2)(2) Issuing blocks of control numbers to designated law enforcement agencies, law enforcement officers, or specific computers, to be printed on automated citations. Trans 114.04(3)(3) Auditing the use of citation forms and automated citation systems. Trans 114.04 HistoryHistory: Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 02-153: r. and recr. Register June 2003 No. 570, eff. 7-1-03. Trans 114.05Trans 114.05 Field test findings. The department shall analyze the uniform traffic citation form field test findings and make recommendations for improvements to the council on uniformity of traffic citations and complaints. Trans 114.05 HistoryHistory: Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 02-153: am. Register June 2003 No. 570, eff. 7-1-03. Trans 114.06(1)(1) Preprinted uniform traffic citations. The preprinted uniform traffic citation forms shall be a 4-page preprinted form distributed by the department, the pages of which shall conform to the following requirements: Trans 114.06(1)(a)(a) Each printed copy of the form shall contain a unique control number, determined by the department. Trans 114.06(1)(b)(b) The front side of each page of the uniform traffic citation shall be identical and shall be in the format set forth in figure 1. Trans 114.06(1)(c)(c) The reverse sides of each page shall differ according to use as follows: Trans 114.06(1)(c)1.1. Page one of the form is intended for use and filing by the court in which the citation is used. The reverse side of page one shall contain information needed by the court in the format set forth in figure 2. Trans 114.06(1)(c)2.2. Page 2 of the form is intended for eventual submission to the department. The reverse side of page 2 shall contain a report of court disposition in the format set forth in figure 3. The report shall be sent to the department within 5 days of the resolution of the case. Trans 114.06(1)(c)3.3. Page 3 of the form is intended for distribution to the person who is issued the citation. The reverse side of that page shall contain information for the person who was issued the citation in the format set forth in figure 4. Trans 114.06(1)(c)4.4. Page 4 of the form is intended for retention by the issuing agency. The reverse side of that page shall contain space for the issuing officer or agency to enter notes or other information, and shall be in the format set forth in figure 5. Trans 114.06(2)(a)(a) A person who is issued an automated citation shall be served with a printed citation in the format set forth in figure 6. The citation shall be printed on 8.5 inch by 11 inch white paper and shall match the format and content requirements of figure 6 exactly. The citation shall include a unique control number assigned to the issuing agency, officer or computer by the department. Trans 114.06(2)(b)(b) The issuing agency shall supply data included on an automated citation to the clerk of court for the court before whom the person is required to appear. Data shall be provided in the format and within the timeframe required by that court. Trans 114.06(2)(c)(c) Within 5 days of the resolution of the case, the clerk of courts shall transmit the data included on the automatic citation, together with information regarding the resolution of the case to the department in the format required by the department. Trans 114.06(2)(d)(d) An agency or court using an automated citation system shall maintain the data necessary to recreate a copy of the originally issued citation according to the agencies’ or courts’ records disposition policies. Trans 114.06(2)(e)(e) If a court is unable to transmit data related to electronic citations to the department through the use of automated systems, the court may send the information necessary to enter the citation and court disposition in the department’s records to the department by other means, provided the information is submitted in the format required by the department. Trans 114.06 NoteNote: The Council on Uniformity of Traffic Citations and Complaints is adopting these rules to encourage the use of electronic citations because they find the electronic exchange of data to be efficient and cost effective.
Trans 114.06 HistoryHistory: Cr. Register, December, 1989, No. 408, eff. 1-1-90; emerg. r. and recr. eff. 7-16-90; r. and recr. Register, October, 1990, No. 418, eff. 11-1-90; CR 02-153: cr. (1) and (2) Register June 2003 No. 570, eff. 7-1-03; CR 12-019: am. (2) (a) Register September 2015 No. 717, eff. 10-1-15. Trans 114.07(1)(1) Use of old forms. Law enforcement agencies may use any of the uniform traffic citation forms that have been printed and are in use or storage, until stores of printed forms are consumed. Trans 114.07(2)(2) Newly printed forms. All uniform traffic citation forms printed after October 1, 2015, shall conform to the requirements of s. Trans 114.06. Trans 114.07(3)(3) Notice of court date required on completed citation. In addition to the information specified in s. 345.11 (2), Stats., the completed uniform traffic citation served on a defendant driver shall include the date and time at which the defendant driver is required to appear in court or by which the defendant driver must post deposit or bail for the offense or pay the forfeiture. Trans 114.07 NoteNote: At the time the Uniform Traffic Citation was initially created, different jurisdictions printed and used different forms. Use of those forms was prohibited and remains prohibited. Subsequent changes to the uniform traffic citation, however, are largely cosmetic and have been made for convenience of law enforcement, the courts and the Department. All uniform traffic citation forms provide the essential information needed by a defendant, the courts and DOT. Therefore, this chapter permits old stores of forms to be used as a cost-saving measure for law enforcement agencies. Using up old stores of forms also helps to prevent misuse of discarded forms.
Trans 114.07 HistoryHistory: Emerg. cr. eff. 7-16-90; cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 02-153: am. (1), r. and recr. (2) Register June 2003 No. 570, eff. 7-1-03; CR 12-019: cr. (1) (title), (2) (title), am. (2), cr. (3) Register September 2015 No. 717, eff. 10-1-15. Trans 114.08Trans 114.08 Changes to the uniform traffic citation. Trans 114.08(1)(1) The secretary may change the citation content and format in this chapter without rule making in order to: Trans 114.08(1)(c)(c) Make any content or format change on the reverse side of page one of the form requested by the director of state courts. Trans 114.08 NoteNote: The reverse side of page one of the form is shown in Figure 2 to this rule.
Trans 114.08(1)(d)(d) Make any content or format change on the reverse side of page 4 of the form requested by law enforcement agencies. Trans 114.08 NoteNote: The reverse side of page one of the form is shown in Figure 5 to this rule.
Trans 114.08(2)(2) Any change made under this section shall be promptly reported to the council on uniformity of traffic citations and complaints. Trans 114.08 NoteNote: The Department adopts this provision as necessary to the implementation and operation of s. 345.11(4), Stats., at the recommendation of the Council on Uniformity of Traffic Citations and Complaints. Trans 114.08 NoteConforming the traffic citation to changes in state law without rule making or to changing the form or content of the citation may be accomplished without rule making. s. 227.01(13)(j) and (q), Stats. The provisions of sub. (1)(c) and (d) should not be used by the Department to make substantive changes relating to the use of the Uniform Traffic Citation. Clearinghouse Rules 02-153 Comments, Wisconsin Legislative Council Rules Clearinghouse. Trans 114.08 HistoryHistory: CR 02-153: cr. Register June 2003 No. 570, eff. 7-1-03. FIGURE 1
FIGURE 2
