Section 128.05. Department to refuse or suspend registration.

 

(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:

(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.

(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.

(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.

(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) .

(4)   Incomplete or improper notice.

(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.

(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.

(5)   Suspension or refusal limited.

(a) Out-of-state registration. The department may not suspend registration issued by another state.

(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.

(6)   Multiple judgment reporting prohibited. A court may not provide notice of multiple judgments under one TVRP suspension case.

(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.

(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.

(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.

(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.

(11)   Record disposal. A TVRP case may be deleted from the department's records in any of the following circumstances:

(a) Six years after the date of filing.

(b) Upon receipt of notice that collection of debts against the vehicle owner is stayed under 11 USC 362 .

(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) .

(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.

History: CR 07-065 : cr. Register December 2007 No. 624 , eff. 1-1-08.

Note

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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1