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 Trans 128 NoteNote: This chapter was created by emergency rule effective July 1, 1981; repealed and recreated by emergency rule effective August 24, 1982; chapter Trans 128 as it existed on December 31, 1982 was repealed and a new chapter Trans 128 was created effective January 1, 1983. Trans 128 was repealed and recreated effective January 1, 2008.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. Trans 128.03(2)(g)(g) The signature and title of the person submitting the notification on behalf of the local unit of government or other authority. Trans 128.03(3)(3) Copies to court and delegated agency. The local unit of government or other authority shall send a copy of a notification made under sub. (1) to the clerk of any circuit court or municipal court that hears its cases and to any delegated agency that processes cases on its behalf. Trans 128.03 HistoryHistory: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08. Trans 128.04(1)(1) TVRP notice of debt. A TVRP notice from a suspending authority to the department for an unpaid judgment, citation or towing and storage charge associated with a parking citation shall be made on the department’s form, or electronically in the manner provided in s. Trans 128.14, shall contain all information that is required in Table 1, and may include all information that is identified as being optional in Table 1. Trans 128.04(2)(2) Registration renewal notice following notice of unpaid judgment. DMV registration renewal forms sent to persons whose vehicles are subject to refusal of registration under s. 341.10 (7), Stats., and this chapter shall include all of the information indicated as “Required” in the “Notice Following Unpaid Judgment” column of Table 1, and may include such other information as the department deems appropriate. Trans 128.04(3)(3) Registration renewal notice following notice of unpaid citation or unpaid towing and storage charges associated with a parking citation. DMV registration renewal forms sent to persons whose vehicles are subject to refusal or suspension of registration under s. 341.10 (7m), Stats., and this chapter shall include all of the following: Trans 128.04(3)(a)(a) A list of any unpaid citations for nonmoving traffic violations or any judgments for violation of ch. 110, 194, or 341 to 350, Stats., an administrative rule of the department, or an ordinance enacted in accordance with s. 349.06, Stats., including parking violations, and of any unpaid towing and storage charges associated with nonmoving traffic violations entered against the debtor registrant that remain unpaid. If the suspending authority made a consolidated report under s. Trans 128.14 (2), the TVRP suspension number may be provided in lieu of information about the individual citations. Trans 128.04(3)(b)(b) The information indicated as “Required” in the “Notice Following Unpaid Citations or Towing and Storage Charges” column of Table 1 with respect to each citation included in the list. Trans 128.04(4)(4) Registration renewal following a combination of judgments, unpaid citations or towing and storage charges associated with a parking citation. DMV registration renewal forms sent to persons whose vehicles are subject to refusal of registration under both s. 341.10 (7) and (7m), Stats., and this chapter shall include the information specified in both subs. (2) and (3). Trans 128.04(5)(5) Satisfaction. A satisfaction shall be in the form of a copy of the form used by a suspending authority to refuse registration on which the information required in the “Notice of Satisfaction” section described in Table 1, Row 10 has been completed by the suspending authority. Trans 128.04(6)(6) Timeliness. If the department receives a notice of debt from a suspending authority between the time it creates a registration renewal notice for a vehicle and the end of the registration period for the vehicle, the registration renewal notice will not include the information otherwise required under subs. (2) to (4). Trans 128.04 NoteNote: No. 15, the license number of the vehicle involved, is required to be included in notices of judgment by s. 345.47 (1) (d), Stats., but is not needed for any administrative purpose. Under s. 341.10 (7), Stats., all of a debtor’s vehicle registrations must be suspended regardless of which vehicle was used in the matter leading to the judgment. Accordingly, identification of that person is essential, but individual license plate numbers are not. Therefore the license number is not required for such cases under this rule making.
No. 19, the means by which a citation may be contested, is required by s. 345.28 (4) (b) 1., Stats., but is not used for any administrative purpose. The requirement is therefore listed as optional and cases will be processed without that information. Trans 128.04 HistoryHistory: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08. Trans 128.05Trans 128.05 Department to refuse or suspend registration. Trans 128.05(1)(1) Refusal upon proper notice. Upon receipt of a notice from a suspending authority meeting the requirements of this chapter, the department shall do one of the following: Trans 128.05(1)(a)(a) If a court notifies the department under s. 345.47 (1) (d), Stats., that a judgment has been entered against the applicant and the judgment remains unpaid, the department shall refuse registration of vehicles owned by the judgment debtor. Trans 128.05(1)(b)(b) If an authority notifies the department under s. 345.28 (4), Stats., that a citation for a nonmoving traffic violation has been issued for a vehicle and the vehicle owner has not paid the citation or appeared in court to respond to the citation, or notifies the department a vehicle owner has not paid towing and storage charges associated with a parking citation issued for that owner’s vehicle, the department may suspend the registration of the vehicle that is identified in the citation or any other vehicle of the owner to which that registration number has been assigned, and may refuse registration for that vehicle or all of the owner’s vehicles as directed by the authority. Trans 128.05(2)(2) Official notice required. The department may not suspend or refuse registration based on judgments, citations, or unpaid storage or towing charges associated with a parking citation which are not identified in a notice filed with the department. Trans 128.05(3)(3) Administrative errors. Nothing in this chapter prohibits the department from refusing or suspending registration based on a notice that fails to comply with one or more requirements of sub. (1). Trans 128.05 NoteNote: The requirements of sub. (1) are administrative. The department may, at its discretion, process a TVRP case based on an order or notice that is defective in some manner but that provides sufficient information for the department to comply with the intent of the notice or order.
Trans 128.05(4)(a)(a) Upon receipt of a request to suspend registration of a vehicle that identifies a vehicle plate number that does not exist, or that contains a plate number that is not associated with the identified debtor, the department may not suspend registration for that plate, but shall refuse registration for the debtor identified in the notice. Trans 128.05(4)(b)(b) Upon receipt of a notice to suspend registration of a particular plate number, where the department has issued new registration plates to the identified debtor to replace the plates identified on the notice, the department shall suspend the new registration plates. Trans 128.05(5)(a)(a) Out-of-state registration. The department may not suspend registration issued by another state. Trans 128.05(5)(b)(b) Rental and lease vehicles. Notwithstanding subs. (1) to (4), where a rental or leased motor vehicle is involved in a parking violation or accrues towing and storage charges associated with a parking citation while possessed by a vehicle renter or lessee, the department may suspend or refuse registration of that vehicle if the vehicle owner does not pay 50% of the forfeiture or towing and storage charges as required by s. 345.28 (5m) (c) or (5r) (c), Stats. Trans 128.05(6)(6) Multiple judgment reporting prohibited. A court may not provide notice of multiple judgments under one TVRP suspension case. Trans 128.05(7)(7) Multiple citation or charge reporting prohibited. Except in the case of electronic notices filed with the department under s. Trans 128.14, an authority may not provide notice of multiple unpaid citations or unpaid towing and storage charges associated with a parking citation under one TVRP suspension case. Each unpaid citation or towing and storage charge associated with a parking citation shall be filed by a separate notice meeting the requirements of this chapter. Trans 128.05(8)(8) No amendments. A notice may not be amended, but additional notices may be filed under different TVRP suspension numbers by a suspending authority if the suspending authority desires to have registration suspended or refused for additional or different judgments, citations, or unpaid towing and storage charges associated with a parking citation. Trans 128.05(9)(9) Prompt satisfaction. A suspending authority shall mail or deliver a notice of satisfaction on the form prescribed in s. Trans 128.04 (5) to the department not later than 3 working days after the suspending authority receives payment of the judgment, citation or unpaid towing or storage charge associated with a parking citation, otherwise determines that the unpaid citation, judgment or unpaid storage charge associated with a parking citation has been satisfied or, in the case of an unpaid citation or a towing and storage charge associated with a parking citation, the person appears in court to contest the citation. Trans 128.05(10)(10) Accuracy. The suspending authority shall assure that a notice sent to the department under this chapter is a correct and appropriate submission and that it is not submitted in violation of any injunction or a bankruptcy stay. Trans 128.05(11)(11) Record disposal. A TVRP case may be deleted from the department’s records in any of the following circumstances: Trans 128.05 NoteNote: The department disposes of records of cases more than 6 years old on a semi–annual basis. Cases released under par. (b) may be refiled under sub. (12) once the bankruptcy stay is lifted.
Trans 128.05(12)(12) Refiling. Nothing herein prohibits a suspending authority from re-filing notice of nonpayment if a judgment remains unpaid and has been removed from the department’s records under sub. (11). Trans 128.05(13)(13) Per case fee assessment. The department shall assess the fee determined under s. Trans 128.13 (3) for each TVRP case processed under the procedure described in this section. Multiple citations or towing and storage charges associated with a parking citation reported electronically as one case under s. Trans 128.14 shall be treated as one TVRP case for purposes of this subsection. Trans 128.05 HistoryHistory: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08. Trans 128.06Trans 128.06 Actions associated with unpaid judgment cases. Pursuant to s. 341.10 (7), Stats., upon notification by a court under s. 345.47 (1) (d), Stats., that a person has an unpaid judgment, the department shall send an initial notification letter to the person named by the court to the address supplied by the court or to any more recent address for the person known to the department. The letter shall notify the person that the department will refuse registration of vehicles titled or registered to the person in the manner required by s. Trans 128.04 (1). Failure of the department to send the notice, or of the debtor to receive it, is not a defense to refusal of registration. Trans 128.06 HistoryHistory: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.
