Section 100.15. Reinstatement requirements.

 

(1)   Fee requirements. Except as provided in sub. (3) , a person shall pay the following fees as a condition of reinstating an operating privilege or motor vehicle registration that is suspended or revoked under ch. 344 , Stats. :

(a) A person whose motor vehicle registration has been suspended or revoked under ch. 344 , Stats. , shall pay the reinstatement fee specified in s. 341.36 (1m) , Stats.

(b) A person whose operating privilege has been suspended or revoked under ch. 344 shall pay the reinstatement fee specified in s. 343.21 (1) (j) , Stats.

(c) Persons subject to both motor vehicle registration and operating privilege suspensions shall pay all fees required under pars. (a) and (b) .

(2)   Proof of financial responsibility requirement. Except as provided in sub. (3) , a person reinstating his or her operating privilege or motor vehicle registration shall satisfy the following proof of financial responsibility for the future requirements:

(a) If the person's operating privilege or motor vehicle registration was suspended or revoked for failing to deposit security, the person shall meet the proof of financial responsibility for the future requirements of s. 344.18 (1m) , Stats., for 3 years from the date the person meets one of the requirements under sub. (4) .

(b) If the person's operating privilege or motor vehicle registration was suspended or revoked for failure to pay a damage judgment, the person shall meet the proof of financial responsibility for the future requirements of s. 344.26 (1) , Stats. If the department imposed the revocation or suspension before September 1, 2000, and 3 years have not passed since the entry of judgment, the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date of the entry of judgment. If the revocation or suspension was imposed by the department on or after September 1, 2000, and the judgment has been stayed, satisfied or discharged, the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date the judgment was stayed, satisfied or discharged. If the revocation or suspension was imposed by the department on or after September 1, 2000, and a court has ordered that the judgment debtor be allowed to pay the judgment in installments under s. 344.27 (2) , Stats., the person shall keep proof of financial responsibility for the future on file with the department until 3 years have elapsed from the date that order is filed with the department. In the event the person defaults on the installment agreement and is subjected to another operating privilege or motor vehicle registration suspension, and the judgment is stayed, satisfied or discharged, the person will be required to post proof of financial responsibility for the future for a 3 year period from the date the judgment was stayed, satisfied or discharged.

(3)   Fees and proof of financial responsibility for the future not required. No operating privilege or motor vehicle registration reinstatement fee or future proof of insurance is required when any of the following occur:

(a) The person submits credible evidence to the department that he or she was not the driver or owner of the vehicle involved in the accident.

(b) The person submits written verification to the department that an insurance policy or bond meeting the requirements of s. 344.15 , Stats., was in effect at the time of the accident. The written verification must be submitted prior to the person reinstating his or her operating privilege or motor vehicle registration.

(c) The department's decision is reversed by a circuit or higher court in a petition for review.

(d) A stay imposed under United States bankruptcy laws prohibited suspension or revocation of the person's operating privilege or motor vehicle registration at the time the department suspended or revoked the person's operating privilege.

(e) The suspension is a result of administrative error on the part of the department.

(f) A person suspended under ch. 344 , Stats. , petitions the department and a hearing examiner determines there is no reasonable possibility of a judgment against a person.

(4)   Resolving claim in safety responsibility cases. A person whose operating privilege or motor vehicle registration is suspended or revoked for failure to deposit security under s. 344.14 or 344.18 (3) , Stats., shall meet one of the following conditions as a prerequisite to reinstating the operating privilege or motor vehicle registration:

(a) Deposit security as required by s. 344.18 (1) (a) , Stats., in the amount and form required under ss. Trans 100.07 and 100.08 .

(b) File evidence with the department that the person has been released from liability or adjudicated not to be liable as required by s. 344.18 (1) (b) , Stats., in a form acceptable under s. Trans 100.12 .

(c) File a written agreement with the department as required by s. 344.18 (1) (c) , Stats., in the form and manner required by s. Trans 100.13 .

(d) Be subject to an operating privilege or motor vehicle registration suspension or revocation for a period of more than one year, provided that no notice is filed with the department by an injured party or claimant in interest that an action has been commenced in the form and manner required by s. 344.18 (1) (d) , Stats.

(5)   Resolving claim in damage judgment cases. A person whose operating privilege or motor vehicle registration was suspended or revoked for failure to pay a damage judgment may not reinstate an operating privilege or motor vehicle registration until the person resolves the damage judgment case in a manner permitted under s. Trans 100.18 .

Cr. Register, October, 1985, No. 358 , eff. 11-1-85; r. and recr., Register, April, 1994, No. 460 , eff. 5-1-94; CR 01-156 : r. ((intro.), renum. (1) to be (3) (a), (3) to be (3) (c), cr. (1), (2) and (5), renum. (2) to be (3) (b), (5) and (6) to be (3) (e) and (f) and am., r. and recr. (4), Register October 2005 No. 598 , eff. 11-1-05; CR 10-070 : renum. (5) (intro.) to be (5) and am., r. (5) (a) to (e) Register November 2010 No. 659 , eff. 12-1-10.

Note

See 1999 Wis. Act 80 , s. 9348 , for authority on provisions involving the date September 1, 2000. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 128.21 , Stats., voluntary proceeding orders do not stay Ch. 344 license suspension or revocation actions, and are therefore inadequate to resolve a damage judgment suspension or revocation under s. Trans 100.18 . See s. Trans 100.18 (4) regarding the effect of a bankruptcy on a damage judgment revocation. Microsoft Windows NT 6.1.7601 Service Pack 1