Wisconsin Administrative Code › Department of Transportation › Chapter Trans 100 - Accident Reporting And Safety Responsibility › Section Trans 100.09 - Proof of operating without permission

Current through June 24, 2024
(1) A person
			 operating a motor vehicle shall be presumed to have done so with the express or
			 implied permission of the owner. Any owner contesting this presumption has the
			 burden of proving the driver did not have permission to operate the vehicle.
(1m) A person shall be presumed to
			 own a vehicle if it is titled in the person's name. Ownership may be disputed
			 and the presumption rebutted informally with the department or in a hearing
			 under this chapter. The person in whose name a vehicle is titled shall have the
			 burden of rebutting that presumption.
Note: See State v. Kirch, 222 Wis. 2d 598, 587 N.W.2d 919 (Ct.
				App. 1998); Young v. West Bend Mutual Ins. Co., 2008 WI App 147; Kruse v.
				Weigand, 204 Wis. 195 (1931); Knutson v. Mueller, 68 Wis. 2d 199 (1974).
(2) A person who operates a motor
			 vehicle with the express permission of a person who has control of a motor
			 vehicle has the implied consent of the owner to operate the vehicle.
Note: If A loans a vehicle to B, even with conditions or
				contractual obligations on that loan, such as not re-loaning the vehicle, and B
				loans the vehicle to C, C has A's implied consent to operate the vehicle
				notwithstanding the conditions or agreement between A and B. A's relinquishment
				of control of the vehicle to B makes A responsible for any accident in which B
				is involved or in which any person operating the vehicle with B's consent is
				involved. Plevin v. WisDOT, 267 Wis. 2d 281 (Ct. App. 2003). A is responsible
				for maintaining insurance on or covering damages caused by A's vehicle.
(3) Any affidavit, police report
			 or statement of a person other than the owner contending the motor vehicle was
			 parked or operated with the owner's permission shall result in an initial
			 determination that the operator did have permission to operate the
			 vehicle.
(4) The owner of a motor
			 vehicle involved in an accident is exempt from depositing security under s.
			 344.14(2)
			 (g), Stats., if the owner or the owner's
			 insurer produces uncontroverted proof that the motor vehicle was operated or
			 parked without actual or implied permission at the time of the accident.
			 Acceptable proof shall be in one of the following forms:
(a) Written notice from the law enforcement
			 agency where the offense occurred stating that the motor vehicle was reported
			 stolen prior to the accident or that the law enforcement agency investigated
			 the report and found it to be a stolen motor vehicle.
(b) Written notice from a district attorney
			 that the owner has filed a complaint against the operator and that the operator
			 is being charged with operating without the owner's consent or another crime
			 indicating the operator's involvement in the theft of the motor
			 vehicle.
(c) An affidavit signed by
			 the operator stating that the motor vehicle was being operated without the
			 owner's expressed or implied consent is filed with the department. This
			 paragraph does not apply to an owner who is the sponsor of the operator, under
			 s.
			 343.15,
			 Stats.
Note: This is an exclusive list of mechanisms that may be used
				for proving unauthorized operation of a vehicle. See Plevin v. WisDOT, 267 Wis.
				2d 281 (Ct. App. 2003).