Chapter Trans 128
TRAFFIC VIOLATION AND REGISTRATION PROGRAM
Trans 128.01 Purpose and scope. Trans 128.02 Definitions. Trans 128.03 Local unit of government or other authority participation or termination. Trans 128.04 TVRP notices. Trans 128.05 Department to refuse or suspend registration. Trans 128.06 Actions associated with unpaid judgment cases. Trans 128.07 Record of action. Trans 128.08 Refusal of registration. Trans 128.09 Transfer of vehicle ownership while registration suspended. Trans 128.10 Effect of bankruptcy on vehicle registration. Trans 128.11 Renewal forms for vehicle registration. Trans 128.12 Resolution of errors. Trans 128.13 Cost of traffic violation and registration program. Trans 128.14 Electronic notification of unpaid judgments, citations or towing and storage charges. Trans 128.15 Control group testing. Ch. Trans 128 NoteNote: This chapter was created by emergency rule effective July 1, 1981; repealed and recreated by emergency rule effective August 24, 1982; chapter Trans 128 as it existed on December 31, 1982 was repealed and a new chapter Trans 128 was created effective January 1, 1983. Trans 128 was repealed and recreated effective January 1, 2008.
Trans 128.01(1)(1) Statutory authority. As authorized by ss. 85.13, 227.11, 345.28 and 345.47 (1) (d), Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 85.13, 341.08 (4m), 341.10 (7) and (7m), 341.63, 341.64, 345.17, 345.28 and 345.47 (1) (d), Stats., and ch. 342, Stats., relating to a traffic violation and registration program to refuse vehicle registration as a result of unpaid judgments and to suspend or refuse vehicle registration as a result of unpaid parking citations or unpaid towing and storage charges associated with parking citations. Trans 128.01(2)(2) Applicability. This chapter applies to any local unit of government or other authority electing to participate in the traffic violation and registration program, to any court or authority or delegated agency processing cases on behalf of participating local units of government or other authority, and to any person subject to any unpaid judgment, unpaid parking citation or unpaid towing and storage charges associated with a parking citation. Trans 128.01 NoteNote: Forms used in administering this chapter include T050, License Plate Renewal Notice; T057, License Plate Renewal Notice Statement; MV 2458 and MV 2809, Notice of Unpaid Judgment, under s. 345.47(1) (d), Stats.; MV 2679 and MV 2502, Notice of Unpaid Citation (which is also used for unpaid towing and storage charges associated with a parking citation, under s. 345.28 (4), Stats.; and MV 2451, Statement of Good Faith. Form MV2451, Statement of Good Faith, may be obtained from any DMV Service Center, by writing to TVRP Program – DMV, P. O. Box 7998, Madison, WI, 53707, or online at http://www.dot.wisconsin.gov (search for “mv2541”). Trans 128.01 HistoryHistory: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08. Trans 128.02Trans 128.02 Definitions. Unless otherwise provided, the words and phrases in this chapter have the same meanings as provided in ss. 340.01 and 341.01, Stats., except ss. 340.01 (24) and (42). In this chapter: Trans 128.02(1)(1) “Applicant” means any person applying for Wisconsin vehicle registration. Trans 128.02(2)(2) “Authority” or “local authority” means every county board, city council, town or village board or other local agency having authority under the constitution and laws of this state to adopt traffic regulations, a state agency, any campus of the University of Wisconsin System or any technical college district. Trans 128.02 NoteNote: This definition combines the statutory definitions found in ss. 340.01(26) and 345.28 (1), Stats. Trans 128.02(3)(3) “Case” or “TVRP case” means a suspension or refusal of vehicle registration triggered by a suspending authority’s report that is processed under the procedures described in ss. 345.28 and 345.47, Stats., and the satisfaction or termination thereof. Trans 128.02 NoteNote: TVRP is an acronym for “Traffic Violation and Registration Program,” the program under which registration may be suspended, revoked or denied under this rule.
Trans 128.02(4)(4) “Debtor” means a person who is liable for a judgment debt, unpaid citation or unpaid towing and storage charges associated with a parking citation. Trans 128.02(5)(5) “Debtor registrant” means a registrant whose registration is subject to a TVRP case. Trans 128.02(6)(6) “Delegated agency” means the entity designated by an authority to submit unpaid citation or unpaid towing and storage charges associated with a parking citation and satisfaction notices on behalf of a local authority. Trans 128.02(7)(7) “Department” means the Wisconsin department of transportation. Trans 128.02(8)(8) “DMV” means the department’s division of motor vehicles. Trans 128.02(9)(9) “License plate type” means a designation in the format required by the department of a specific style of registration plate with a particular size, color and design that is intended to provide visible evidence of the period for which the vehicle is registered, the fee class into which the vehicle falls, a means of identifying the specific vehicle or owner for which the plates were issued, and any affiliation with an authorized special group designated in accordance with s. 341.14 (6r) (f), (fm) or (6w), Stats. Trans 128.02(10)(10) “Local unit of government” means any county, city, village, town or other local agency having authority under the constitution and laws of this state to adopt traffic regulations. Trans 128.02 NoteNote: The definition of “owner” in s. 341.01 (2) (b), Stats., controls for purposes of this regulation. Long-term leaseholders are therefore considered “owners.” Trans 128.02(14)(14) “Registrant” means any person who is the holder of Wisconsin vehicle registration. Trans 128.02(15)(15) “State agency” means any office, department, or independent agency of Wisconsin state government, including any sub–unit level with the authority to administer the provisions of this chapter. Trans 128.02(16)(16) “Suspending authority” means the court or authority that issued a notice to suspend or refuse registration under this chapter. Trans 128.02 NoteNote: Authorities can both suspend and refuse registration.
Trans 128.02(17)(17) “TVRP suspension number” means a unique identifier generated and assigned to a TVRP case by a suspending authority in accordance with the numbering scheme required by the department for the TVRP program. Trans 128.02 NoteNote: At present, the TVRP Suspension Number is a 13 or 14 character alphanumeric string that includes a unique identifier assigned to each suspending authority, the date, and a serial number.
Trans 128.02(18)(18) “Unpaid citation or unpaid towing or storage charges associated with a parking citation” means a citation for a nonmoving traffic violation as defined in s. 345.28 (1), Stats., that has not been paid and for which the person has not appeared in court, or any unpaid towing and storage charges associated with such a citation. Trans 128.02(19)(19) “Unpaid judgment” means an unpaid traffic forfeiture judgment submitted to the department under ch. 345, Stats. Trans 128.03Trans 128.03 Local unit of government or other authority participation or termination. Trans 128.03(1)(1) Notification requirements. A local unit of government or other authority electing to participate or terminate participation in the traffic violation and registration program shall notify the department in writing at least 30 days before the effective date of participation or termination. The department may delay the effective date of participation beyond the 30-day period if the participant anticipates submitting a high volume caseload. Trans 128.03(2)(2) Contents of notification. The notification from the local unit of government or other authority shall include all of the following: Trans 128.03(2)(c)(c) Estimated annual volume of cases that will be sent to the department. Trans 128.03(2)(d)(d) Whether there is a municipal court and, if so, the name, address and phone number of the court and the address where court payments should be made. Trans 128.03(2)(e)(e) The name, address and phone number of the authority or delegated agency and the address where citation payments should be made. Trans 128.03(2)(f)(f) A statement describing the approval of participation action taken by the authority.
