Trans 128.10(2)(c)(c) Reimposition of suspension. The department may suspend or refuse a debtor’s vehicle registration that was released under sub. (1) or this subsection upon a subsequent TVRP case filing by a suspending authority. Such a filing shall be deemed a representation by the authority that the debt described in the filing was not discharged or satisfied within the bankruptcy proceeding and that no bankruptcy stay is in effect.
Trans 128.10 NoteNote: While forfeitures are not generally dischargeable under 11 USC 523 (a) (8), towing and storage charges would ordinarily be discharged in a bankruptcy proceeding. Authorities and delegated agencies are encouraged to consider each type of debt separately in deciding whether to order the department to suspend or refuse registration.
Trans 128.10(2)(d)(d) Proof. The department may require satisfactory proof that a registrant’s debts from a forfeiture or towing and storage charges associated with a parking citation have been discharged in a bankruptcy proceeding in any case where a debtor seeks to reinstate a vehicle registration after the bankruptcy case is closed or dismissed, a discharge has been granted, the automatic stay has been lifted, terminated, annulled or modified, or a suspending authority has filed a subsequent notice under par. (c). Acceptable proof may include copies of the schedules for the bankruptcy case listing the suspending authority as a claimant in the bankruptcy, proof of the filing date, such as the notice of bankruptcy filing mailed by the bankruptcy court or a copy of the petition containing the clerk’s file stamp showing the date the petition was filed, and an affidavit that the debt is dischargeable under the United States bankruptcy code and has been discharged.
Trans 128.10 NoteNote: Forfeitures and fine debts are not dischargeable in Ch. 7 bankruptcies. 23 USC 527 (a) (7). Criminal fines are not dischargeable in Ch. 13 bankruptcies either. 23 USC 1328 (a) (3).
Trans 128.10(2)(e)(e) Disputes. In any case where a debtor registrant and a suspending authority dispute whether a discharge has affected debt for which registration refusal or suspension is requested, or in any case where a debtor registrant claims a forfeiture was discharged in a ch. 7 bankruptcy or a criminal fine was discharged in any bankruptcy proceeding, the department may require one or both parties to obtain a court order that decides whether the debt is discharged.
Trans 128.10(2)(f)(f) Court determinations. The department shall accept court findings or orders regarding discharge of a claim in an action between the registrant and the suspending authority as determinative, and may impose or release a registration suspension or refusal in accordance with the determination of the court.
Trans 128.10 NoteNote: While the Department does not have authority to require debtors to provide a certain type of notice of bankruptcy filing to it under federal law, debtors who are subject vehicle registration suspensions under s. 345.28 (4) (a) 2., Stats., will find that the Department’s reaction to a bankruptcy filing is faster and more predictable under this section if the Department is listed on the mailing matrix for the proceeding with an address of Wisconsin Department of Transportation, Uninsured Motorists Unit, P.O. Box 7919, Madison, WI 53707-7919.
Trans 128.10(3)(3)Voluntary proceedings by wage earners for amortization of debts. The department may not release a registration refusal or suspension based solely upon a court order entered under s. 128.21, Stats.
Trans 128.10 NoteNote: Voluntary wage earner proceedings affect only executions, attachments or garnishments, and do not affect suspensions of vehicle registration. s. 128.21 (1), Stats.
Trans 128.10 HistoryHistory: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.
Trans 128.11Trans 128.11Renewal forms for vehicle registration.
Trans 128.11(1)(1)Record keeping. The department is not required to keep copies of renewal notices nor to maintain any record of evidence of mailing renewal notices or of renewal notices that are returned to the department or its agent as undeliverable by the U.S. postal service.
Trans 128.11(2)(2)Renewal notice not provided. The department is not required to create or mail a vehicle registration renewal notice to a registrant if any of the following apply:
Trans 128.11(2)(a)(a) The registration is suspended under s. 20.905 (2), 341.63 (1), 344.08 or 344.14, Stats.
Trans 128.11(2)(b)(b) The registration is revoked under s. 344.25, Stats.
Trans 128.11(2)(c)(c) The registration is canceled under s. 342.255, Stats.
Trans 128.11(2)(d)(d) The vehicle was not registered in the preceding registration period.
Trans 128.11 NoteNote: If a person did not register a vehicle during the last registration period (lengths of these periods vary by vehicle type), the department assumes the vehicle does not need to be registered because it was sold, scrapped, or moved to another state.
Trans 128.11 HistoryHistory: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.
Trans 128.12Trans 128.12Resolution of errors.
Trans 128.12(1)(1)Errors identified by person.
Trans 128.12(1)(a)(a) If a person notifies the department that a department error has resulted in suspension or refusal of a vehicle’s registration, the department shall review its records related to the suspension and conduct such additional investigations as it deems appropriate. If the department concludes as a result of the review and any investigation that refusal or suspension of registration is unwarranted, the department shall modify its records and allow registration for the vehicles to be issued.
Trans 128.12(1)(b)(b) If the department does not modify its records and allow registration to be issued under sub. (2), the department shall direct the person to contact the suspending authority that submitted the order for registration refusal or suspension to the department and have it investigate the matter and, if appropriate, submit a notice of satisfaction to the department in the manner described in s. Trans 128.04 (5).
Trans 128.12(2)(2)Error identified by suspending authority. To correct an error in a notice of unpaid judgment, unpaid citation or unpaid towing and storage charges associated with a parking citation sent to the department, a suspending authority shall submit a notice of satisfaction to the department as described in s. Trans 128.04 (5). To establish a correct record, the suspending authority shall submit a new notice of unpaid judgment, unpaid citation or unpaid towing and storage charges associated with a parking citation containing the correct information and fee required by s. Trans 128.05 (13).
Trans 128.12 HistoryHistory: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.
Trans 128.13Trans 128.13Cost of traffic violation and registration program.
Trans 128.13(1)(1)General. In accordance with s. 85.13, Stats., the department shall charge the cost of the development and operation of the traffic violation and registration program to all participating local units of government or other authorities based on the number of cases processed on their behalf.
Trans 128.13(2)(2)Development cost amortization.
Trans 128.13(2)(a)(a) The cost of development of systems for the traffic violation and registration program shall be amortized over the 4-year period following implementation of those systems.