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. Trans 128.07Trans 128.07 Record of action. When a department issued suspension or refusal order is computer-created, the computer shall also create a computer image file or microfiche of the text of the letter as the record of action, or shall store the information included on the suspension order so that a copy of the text of the suspension order may be recreated. Records stored under this subsection may be destroyed at the same time or after any record of the suspension is removed from the department’s database of vehicle records. Trans 128.07 HistoryHistory: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08. Trans 128.08(1)(1) Scope. If the department refuses registration, it may not permit the person to do any of the following: Trans 128.08(1)(g)(g) Acquire registration as part of the transfer of ownership of a vehicle. Trans 128.08(2)(2) Withdrawal of registration by cancellation. The department shall cancel any registration issued in violation of the provisions of this chapter. Trans 128.08 NoteNote: Section 342.255 (3) requires the department to cancel any registration issued in violation of any law. Trans 128.08(3)(3) Applications for certificate of title and registration by debtor registrant. Trans 128.08(3)(a)(a) Titling of vehicles is generally governed by ch. 342, Stats., and not by this chapter, except as provided in s. Trans 128.09. The department may issue a title to a vehicle transferred to a person to whom registration must be refused under this chapter. Trans 128.08 NoteNote: Refusal of registration is different than suspension, revocation or cancellation of registration.
Trans 128.08(3)(b)(b) If an application for certificate of title identifies a vehicle or vehicle owner that is subject to refusal of registration and indicates that the vehicle has been operated upon public highways, any required registration fee shall be collected and retained at the time of issuing title, but the department may not issue registration for that vehicle. The department shall assign registration to the vehicle according to the provisions of ch. 341, Stats., but shall withhold sending the proof of registration to the vehicle owner until the department receives evidence that all judgments, citations and towing and storage charges associated with a parking citation are paid. The certificate of title shall be sent to the vehicle owner with a notice that registration is being withheld because of unpaid judgments, unpaid citations, or unpaid towing and storage charges associated with parking citations, and indicating that the registration shall be withheld until the department receives evidence that each identified debt is paid. Trans 128.08(4)(4) Criteria for identifying a person subject to refusal of registration. The department may rely on information supplied by a court or an authority to identify persons whose registration may be refused and may supplement that information with department records. The department shall refuse the renewal, transfer or issuance of registration when any of the following occur: Trans 128.08(4)(a)(a) The applicant’s or registrant’s name and address are both the same as the name and address supplied on a notice of unpaid judgment or unpaid citation or unpaid towing and storage charges associated with a parking citation. Trans 128.08(4)(b)(b) The name shown on the department’s record for the license plate number supplied on the notice of unpaid judgment or notice of unpaid citation or unpaid towing and storage charges associated with a parking citation is similar or a reasonably logical variation of the name supplied on the notice of unpaid judgment or notice of unpaid citation or unpaid towing and storage charges associated with a parking citation regardless of whether the address information is the same. Trans 128.08(4)(c)(c) The applicant’s or registrant’s name is exactly the same or a reasonably logical variation of a name as stated in pars. (a) and (b), and the address is the same as one of the following: Trans 128.08(4)(c)1.1. The address supplied on the notice of unpaid judgment or notice of unpaid citation or unpaid towing and storage charges associated with a parking citation. Trans 128.08(4)(c)2.2. The address obtained from the department’s record for the license plate number supplied on the notice of unpaid judgment or notice of unpaid citation or unpaid towing and storage charges associated with a parking citation. Trans 128.08(4)(c)3.3. The address obtained from department’s driver license records using information supplied by the notice of unpaid judgment. Trans 128.08(4)(d)(d) The applicant or registrant has the same customer identification number, driver license number or social security number on the department’s records as the person identified on the notice of unpaid judgment or unpaid citation or unpaid towing and storage charges associated with a parking citation. Trans 128.08 HistoryHistory: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08. Trans 128.09Trans 128.09 Transfer of vehicle ownership while registration suspended. Trans 128.09(1)(1) Transfer prohibited. No person may transfer ownership of any vehicle that is subject to a suspending authority’s registration refusal or suspension under s. 341.63 (1) (c), Stats., for nonpayment of citations or towing and storage charges associated with a parking citation until the registration is reinstated under s. 341.63 (2), Stats., or until the department is satisfied that the transfer is proposed in good faith and not for the purpose or with the effect of defeating the purpose of a TVRP case. Except as provided in sub. (3), the department may decline to issue a vehicle title to any person other than the debtor registrant. Trans 128.09(2)(2) Sham transactions ineffective. An attempt to transfer ownership of a vehicle that is subject to a registration suspension or refusal for nonpayment of a citation under s. 341.63 (1) (c), Stats., shall be considered to be an effort to defeat the purpose of that TVRP case in any of the following circumstances: Trans 128.09(2)(a)(a) Any situation in which the debtor registrant would continue to have possession, use of, or receive any benefit from the operation of the vehicle. Trans 128.09(2)(b)(b) Any situation in which the vehicle is transferred to a person residing at the same address as the debtor registrant. Trans 128.09 NoteNote: The prohibition on transfer of ownership is set forth in s. 341.64, Stats., and does not prohibit transfer of ownership of vehicles subject to registration refusal because of unpaid judgments or unpaid towing and storage charges associated with a parking citation. Trans 128.09(3)(3) Exceptions to refusing a transfer of ownership. Notwithstanding sub. (1), the department may transfer title to a vehicle and issue a title to a person other than the debtor registrant if any of the following apply: Trans 128.09(3)(b)(b) The purchaser does not reside at the same address as the debtor registrant and provides the department with a signed statement that the seller of the vehicle will not have possession, use of, or receive any benefit from the operation of the vehicle after the requested transfer of title is completed by the department. Trans 128.09(3)(c)(c) The transfer constitutes an involuntary transfer of ownership under any of the following circumstances: Trans 128.09(3)(c)3.3. Transfer is required under a divorce settlement or order and the transferring party does not execute and deliver the title to the vehicle to the transferee. Trans 128.09(3)(c)4.4. A bankruptcy trustee seeks title to a vehicle titled in the name of a debtor or transfers ownership to a third person. Trans 128.09(3)(c)5.5. The vehicle is an abandoned vehicle that was or is being disposed of by a duly authorized municipal or county representative under s. 342.40 (2), Stats. Trans 128.09(3)(c)8.8. Transfer of title to the vehicle is ordered by a court, or a court declares a person to be the vehicle owner.
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