Chapter Trans 100

Register November 2010 No. 659

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 Trans 100 Note Note: Chapter MVD 10 as it existed on October 31, 1985 was repealed and a new chapter Trans 100 was created effective November 1, 1985.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 Trans 100.01 Purpose and scope.

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(2) (2) “Damage judgment” means a judgment as defined in s. 344.01 (2) (a), Stats., that is certified to the department as specified in s. 344.05, Stats.

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(4m) (4m) “Emergency medical technician” or “EMT” has the meaning in s. 256.01 (5), Stats.

Trans 100.02(5) (5) “Fire fighter” has the meaning set forth in s. 102.475 (8) (b), Stats.

Trans 100.02(6) (6) “First responder” has the meaning set forth in s. 256.01 (9), Stats.

Trans 100.02 Note Note: See s. 343.23 (2) (a) 3., Stats.

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(8) (8) “Law enforcement officer” has the meaning set forth in s. 165.85 (2) (c), Stats.,

Trans 100.02 Note Note: See s. 343.23 (2) (a) 1., Stats.

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(11) (11) “Motor vehicle” has the meaning specified in s. 344.01 (2) (b), Stats.

Trans 100.02 Note Note: See s. 344.01 (2) (b), Stats.

Trans 100.02(11m) (11m) “Multiple injury minimum coverage” means $50,000.

Trans 100.02(12) (12) “Owner” or “vehicle owner” has the meaning set forth in ss. 340.01 (42) and 344.01 (2) (cm), Stats.

Trans 100.02(12m) (12m) “Property damage minimum coverage” means $10,000.

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(13m) (13m) “Single injury minimum coverage” means $25,000.

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 Trans 100.025 Accident involvement.

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)(a) (a) The person is injured by an accident.

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)(c) (c) The vehicle is damaged in an accident.

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.