reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 155 - Vehicle identification number inspection › Section Trans 155.03 - How the certification of a vehicle identification number inspection is performed

Current through June 24, 2024
(1) The certification shall be provided on
			 the form prescribed by the department as an application for title or
			 registration.
Note: The forms prescribed by the department for use in
				registering or titling a vehicle are MV1, Application for Registration/Title,
				MV1EZ, Wisconsin Title/Registration Application, and MV11, Application for
				Registration/Title-Dealer Use. Forms are available from the Division of Motor
				Vehicles Bureau of Field Services locations throughout the state, the Bureau of
				Vehicle Services located in Madison, Wisconsin, or any other distributor
				authorized by the Division.
(2) The vehicle identification number on the
			 vehicle shall be viewed directly by the person certifying the inspection of the
			 identification number.
(3) The
			 vehicle identification number on the vehicle shall be legibly entered on the
			 application form by the person certifying the inspection of the identification
			 number.
(4) The vehicle
			 identification number on the vehicle shall be compared to the identification
			 number shown on the certificate of title for the vehicle.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 155 - Vehicle identification number inspection › Section Trans 155.04 - Who is designated to perform the certification of a vehicle identification number

Current through June 24, 2024
The following persons are authorized to perform the inspection
				of a vehicle identification number:
(1) An employee or agent of a law enforcement
			 agency who is authorized to perform inspections.
(2) An employee or agent of any state
			 department of transportation who is authorized to perform
			 inspections.
(3) An employee or
			 agent of a licensed motor vehicle dealer who is authorized to perform
			 inspections when the vehicle is in the possession of the motor vehicle dealer
			 and is offered for sale by the motor vehicle dealer.
(4) An employee or agent of a financial
			 institution which is the lienholder of the vehicle who is authorized to perform
			 inspections.
(5) A registered owner
			 of the vehicle, as shown on title or registration issued by the previous
			 jurisdiction, when ownership of the vehicle has not changed within 90
			 days.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 156 - Automated Processing Partnership System Program › Section Trans 156.01 - Purpose and scope

Current through June 24, 2024
(1) PURPOSE. This chapter establishes the
			 department's administrative interpretation of s.
			 341.21,
			 Stats., which authorizes the department to contract with any person for
			 services relating to processing or distribution of original and renewal vehicle
			 registrations under ch. 341, Stats., or certificates of title under ch. 342,
			 Stats.
(2) SCOPE. This chapter
			 governs administration of the automated processing partnership system, or APPS,
			 program, authorized by s.
			 341.21,
			 Stats.
(3) APPLICABILITY. This
			 chapter applies to any person performing either title and original registration
			 services, or registration renewal services, who uses automated transmittal of
			 transactions to the DMV. This chapter also applies to any vendor providing
			 automated interface between agents and the DMV in the APPS program. This
			 chapter does not apply to licensed Wisconsin motor vehicle dealers who
			 participate in the APPS program to meet their obligations under s.
			 342.16(1)
			 (am), Stats. Those licensed Wisconsin motor
			 vehicle dealers are subject to the requirements of ch. Trans 141. This chapter
			 does not apply to persons who issue temporary registration plates under ch.
			 Trans 132.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 156 - Automated Processing Partnership System Program › Section Trans 156.02 - Definitions

Current through June 24, 2024
The words and phrases defined in s.
				340.01,
				Stats., have the same meaning in this chapter unless a different definition is
				specifically provided. In this chapter:
(1) "Agent" means a person, business or an
			 organization that contracts with the DMV to access and update vehicle records
			 of the DMV via an approved vendor system.
(2) "APPS" means the "automated processing
			 partnership system" program established by the DMV, in which the division
			 contracts with agents and vendors to provide vehicle registration and titling
			 services.
(3) "Contractor" has the
			 meaning provided in s.
			 341.21(1m),
			 Stats., and includes agents and vendors.
(4) "Department" means the department of
			 transportation.
(5) "DMV" means the
			 Wisconsin department of transportation, division of motor vehicles.
(6) "Financial institution" has the meaning
			 provided in s.
			 710.05(1)
			 (c), Stats.
(7) "Program standards" means the technical
			 and operational standards incorporated into vendor and agent
			 contracts.
(8) "Vendor" means a
			 person, business or organization that contracts with the DMV to provide a host
			 computer system by which agents may obtain access to specified information
			 services of the DMV in order to process registration and title
			 transactions.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 156 - Automated Processing Partnership System Program › Section Trans 156.03 - Selection of vendors

Current through June 24, 2024
(1) DMV shall approve vendors to provide an
			 interface between agents and the DMV. An application to be a vendor shall
			 include all of the following:
(a) A request
			 to participate as a vendor submitted to the Wisconsin Department of
			 Transportation, DMV Bureau of Vehicle Services, Dealer and Agent Section, P. O.
			 Box 7909, Madison WI 53707-7909.
(b) The company name, address, telephone and
			 fax number, and the names of key personnel and a contact person.
(c) The number of years the company has been
			 in business and the number of years of experience providing electronic filing
			 of title and registration, or other comparable services.
(d) A description of the product and services
			 that will be provided if the organization is approved as a vendor.
(e) A description of any relevant experience
			 in other states and the names of references.
(f) A written signature in ink with the name
			 typed below the signature. If the business or organization is a corporation,
			 the request shall be signed by an employee or officer authorized to bind the
			 corporation. Below the signature shall be typed the name, corporate title, name
			 of corporation and state of incorporation.
(g) Financial statements or other information
			 showing the current financial status of the organization.
(h) A statement certifying that the applicant
			 agrees to meet DMV program standards.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 156 - Automated Processing Partnership System Program › Section Trans 156.04 - Selection of agents

Current through June 24, 2024
(1) A person, business or organization
			 desiring to contract with the DMV as an agent under s.
			 341.21(2),
			 Stats., shall comply with all of the following:
(a) The applicant shall enter into an
			 agreement with a vendor. An agent may request service from and enter into an
			 agreement with only one vendor.
(b)
			 The applicant shall submit to the DMV a letter on company letterhead requesting
			 appointment as a provider of processing or distribution services for vehicle
			 registration or certificates of title. The letter shall include the legal
			 business name and address of the physical location of the business.
(c)
1.
			 Except as provided in subd. 2., the applicant shall provide a surety bond or
			 letter of credit along with the request for appointment in a form prescribed by
			 the DMV. Except as provided in subd. 2., the bond or letter of credit shall be
			 $10,000 for an agent doing renewal transactions and $25,000 for an agent doing
			 title transactions and original registration. The bond shall indemnify the
			 department against claims arising from the acts or omissions of agents under
			 the contract including, but not limited to, missing or stolen license plates,
			 stickers, and temporary certificate of registration paper stock. The
			 requirement for a bond does not apply to units of government or to financial
			 institutions.
2. A contractor with
			 the department under s.
			 110.20(8)
			 (am) 1, Stats., having more than 100
			 subcontractors, as described in s.
			 110.20(8)
			 (am) 7, Stats., that are applicants under
			 this section may provide the surety bond or letter of credit on behalf of these
			 applicants. The bond or letter of credit shall be $2,000 for each applicant on
			 whose behalf the bond or letter of credit is provided.
(d) The applicant shall submit a signed agent
			 contract to the DMV.
(e) The
			 applicant shall be in compliance with all applicable laws governing the
			 applicant's industry and not be under investigation by any regulatory or
			 enforcement agency for suspected violations of applicable laws or
			 regulations.
(f) The applicant
			 shall employ at least one primary processing person and have at least one other
			 employee trained as a back-up in order to ensure adequate service during
			 business hours and that reports and documentation of registration and titling
			 Transactions are submitted to DMV within required time limits.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 156 - Automated Processing Partnership System Program › Section Trans 156.05 - Termination of contracts

Current through June 24, 2024
(1) DMV may
			 terminate a contract or refuse to renew a contract with any vendor or agent on
			 the following grounds:
(a) DMV has reasonable
			 cause to doubt the accuracy or timeliness of the title and registration
			 transactions performed by the agent or vendor.
(b) Failure of the agent or vendor to provide
			 any documents or information required to complete a transaction.
(c) DMV has reasonable cause to doubt the
			 compliance of the agent or vendor with any provisions of the written agreements
			 used for the APPS program or the performance of any obligations under the
			 written agreements of the APPS program, including the contract between DMV and
			 the agent or vendor.
(d) Lack of
			 compliance with performance evaluation and progressive intervention procedures
			 contained in the contract.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 156 - Automated Processing Partnership System Program › Section Trans 156.06 - Fees

Current through June 24, 2024
(1) The maximum fees that an agent may charge
			 a customer shall be specified in the contract.
(2) An agent may charge a customer any amount
			 less than the maximum fee.
Section
				  341.255(4),
				  Stats., was repealed by 2009 Wis. Act 28, eff.
				  1-1-10.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 156 - Automated Processing Partnership System Program › Section Trans 156.08 - Records

Current through June 24, 2024
All records required to be kept by contractors under s.
				341.21(2)
				(c), Stats., shall be retained in electronic
				format by the vendor for itself and for each agent which uses the vendor for
				completing registration or titling transactions with DMV.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 157 - Titling of vehicles held by trusts › Section Trans 157.02 - Definitions

Current through June 24, 2024
The words and phrases defined in ss.
				340.01
				and
				341.01,
				Stats., have the same meaning in this chapter unless a different definition is
				specifically provided. In this chapter:
(1) "Beneficiary" means a person who has a
			 beneficial interest in a trust.
(2)
			 "Letters of trust" means the written instrument which describes the trust
			 property, the trustee and the beneficiary.
(3) "Person" has the same meaning as
			 described in s.
			 990.01(26),
			 Stats.
(4) "Principal trustee"
			 means the trustee whose name or address was provided to the department by a
			 trust for the purpose of conducting communications with the
			 department.
(5) "Property" means an
			 interest in real or personal property.
(6) "Settlor" means a person who directly or
			 indirectly creates a living or testamentary trust or adds property to an
			 existing trust.
(7) "Trust" means
			 an express living or testamentary, private or charitable trust in property
			 which arises as a result of a manifestation of intention to create
			 it.
(8) "Trustee" means a person
			 holding in trust title to or holding in trust a power over property. "Trustee"
			 includes an original, added or successor trustee.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 157 - Titling of vehicles held by trusts › Section Trans 157.03 - Trusts may register and obtain title to vehicles

Current through June 24, 2024
(1) The department
			 may, upon proper application, title or register a vehicle in the name of a
			 trust.
(2) The department may
			 truncate or abbreviate the name of the trust as shown on the vehicle title and
			 department's registration records in order to meet the requirements of the
			 department's computer database of vehicle records.
The current database restricts names to 60 alpha-numeric
				  characters or less.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 157 - Titling of vehicles held by trusts › Section Trans 157.04 - Transfer of ownership

Current through June 24, 2024
(1) The transfer of a vehicle to or from a
			 trust is a transfer of ownership requiring an application for vehicle title.
Note: s.
				342.15(1)
				(a), Stats.
(2) A change of trustee or beneficiary of a
			 trust is not a transfer of ownership of any motor vehicles which are property
			 of the trust.
(3) Upon a change of
			 the principal trustee's name or address, the principal trustee shall notify the
			 department of the address change within 10 days as required by s.
			 341.335(1),
			 Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 157 - Titling of vehicles held by trusts › Section Trans 157.05 - Application for certificate of title for trust

Current through June 24, 2024
(1) An application
			 for a certificate of title for a vehicle being transferred to or from a trust
			 shall be made on forms specified by the department, shall include all
			 information required by s.
			 342.06(1),
			 Stats., and shall include a trustee's application for certificate of title.
Note:
Forms MV1, Application for
				Title/Registration, MV2488, Vehicle Transfer and Odometer Mileage Statement,
				and MV2790, Trustee's Application for Certificate of Title, can be ordered from
				DOT Materials Management, 3617 Pierstorff, Madison, WI 53704 or (608) 246-3262
				or obtained at a motor vehicle services center. In cases involving the sale of
				titled vehicles, the Odometer Disclosure Statement on the reverse side of the
				certificate of title should be used.
(2) A trustee's application for certificate
			 of title shall contain the following information:
(a) A description of the vehicle including
			 the vehicle identification number, year, make, model body style, vehicle type
			 and gross weight.
(b) The name of
			 the trust.
(c) The trust's federal
			 tax identification number, if any.
(d) The name of the settlor of the
			 trust.
(e) An indication of whether
			 the trust was created by letters of trust, a will, or some other
			 device.
(f) The date the trust was
			 created.
(g) The names and
			 addresses of all trustees, and a designation of one trustee as the principal
			 trustee.
(h) An affirmation that:
1. The trust is valid and in
			 existence.
2. The trustee signing
			 the form is a duly appointed trustee of the trust.
3. The trustee has authority to buy, sell and
			 register motor vehicles which are the property of the trust.
4. The trustee's actions with respect to the
			 transactions are for the benefit of the beneficiaries of the trust.
5. The trustee understands the penalties for
			 providing false information on an application for certificate of
			 title.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 175 - Rental Companies › Section Trans 175.01 - Applicability

Current through June 24, 2024
Except in accordance with the following rules, no rental
				company, as defined herein, shall engage in the business of renting to others
				any motor vehicles when operated under lessor permits issued pursuant to the
				provisions of s.
				194.04(3)
				(c), Stats., and which are to be operated
				upon the public highways of Wisconsin.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 175 - Rental Companies › Section Trans 175.02 - Definitions

Current through June 24, 2024
(1) "Rental company," as used herein, means a
			 "lessor" referred to in s.
			 194.04(3)
			 (c), Stats. It includes every person
			 regularly engaged in the business of leasing motor vehicles without drivers or
			 leasing trailers to be hauled or propelled by a motor vehicle. These rules do
			 not apply to the renting of automobiles or trailers used therewith when such
			 vehicles are operated in private motor carriage.
(2) "Renter" means a person renting motor
			 vehicles from a rental company.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 175 - Rental Companies › Section Trans 175.03 - Registration

Current through June 24, 2024
Each rental company, before engaging in such business, shall
				file an application with the department of transportation on forms prescribed
				by it and secure an identifying registration number. Said registration number
				will be issued after such investigation as the department may deem necessary,
				either with or without hearing.
1987 Wis. Act 369 repealed s. 194.44,
				  Stats.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 175 - Rental Companies › Section Trans 175.04 - Operating requirements

Current through June 24, 2024
All rental companies shall comply with the following
				conditions:
(1) Have an established
			 place of business where facilities shall be available to the public to obtain
			 service.
(2) Have title in its name
			 for all motor vehicles used in the rental business or furnish evidence to the
			 Wisconsin department of transportation, that a bona fide agreement between the
			 rental company and a licensed dealer or manufacturer has been executed and
			 includes an option to purchase such motor vehicles.
(3) Furnish motor vehicles on demand to all
			 qualified customers without discrimination. This provision shall not prohibit
			 the rental company from establishing such reasonable operating standards as are
			 necessary in the conduct of its business nor require such company to furnish
			 equipment beyond its ability so to do.
(4) Negotiate a rental agreement which shall
			 comply with each of the following requirements:
(a) Be in writing and signed by the parties
			 thereto, or their regular employees or agents duly authorized to act for them,
			 in the execution of contracts, leases, or other arrangements. Shall show the
			 year, make and identification, motor or serial number or Wisconsin license
			 number of the motor vehicle as shown on the registration card issued for such
			 vehicle.
(b) Provide for the
			 exclusive possession, control, and use of the motor vehicle involved by the
			 renter and the complete assumption by such renter of full responsibility to the
			 public and all regulatory agencies having jurisdiction during the entire period
			 of the agreement. This provision shall not prohibit a rental company from
			 obtaining possession of the motor vehicle for purposes of maintenance, repairs,
			 or because of violation of the rental agreement.
(c) Specify the time the rental agreement
			 begins, the time or the circumstances on which it ends, and the method of
			 determining the compensation for the use of the motor vehicle involved. The
			 rental agreement shall also specify that public liability and property damage
			 insurance furnished by the rental company is in no case less than the amounts
			 specified in s.
			 194.41,
			 Stats. The actual limits of such insurance coverage shall be made available to
			 the renter upon request.
(d) Be
			 completed on forms which are serially numbered, and a sample copy of which form
			 has previously been filed with the department of transportation.
(e) Be executed in duplicate. The originals
			 including voided copies shall be retained by the rental company and filed in
			 numerical order and one copy shall be retained by the renter and carried on the
			 motor vehicle specified therein during the entire period of the agreement by
			 the renter and shall be made available for inspection immediately upon the
			 request of any law enforcement officer.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 175 - Rental Companies › Section Trans 175.05 - Prohibited practices

Current through June 24, 2024
No rental company shall:
(1) Furnish any service or protection to a
			 renter except those directly related to the maintenance and operating condition
			 of the motor vehicle and public liability and property damage insurance as
			 required by s.
			 194.41,
			 Stats. This section shall not prohibit the rental company from providing
			 additional insurance coverage on the motor vehicle but shall not in any way
			 authorize insurance protection for the cargo carried.
(2) Directly or indirectly and with the
			 intent to evade this prohibition, procure drivers for vehicles rented or
			 directly or indirectly and with the intent to evade this prohibition exercise
			 any positive control over drivers of such rented vehicles.
(3) Authorize renter to subrent vehicle to
			 another.
(4) Hold itself out to be
			 responsible for drivers' wages, payroll, unemployment compensation, social
			 security tax, income withholding tax, or any taxes that are normally due by
			 reason of an employe-employer relationship.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 175 - Rental Companies › Section Trans 175.07 - Records

Current through June 24, 2024
(1) The Wisconsin department of
			 transportation, or its duly authorized agents shall, during normal business
			 hours have access and authority to inspect, examine, and copy any and all
			 accounts, books, records, memorandums, correspondence, and other documents
			 pertaining to the rental company business. These records shall be made
			 available at the company's place of business in Wisconsin within a reasonable
			 time upon request of the department of transportation.
(2) All records pertaining to the rental
			 company business shall be preserved for a period of not less than 6
			 years.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 175 - Rental Companies › Section Trans 175.09 - Service requirements

Current through June 24, 2024
Every rental company registration issued by the department of
				transportation shall be conditional upon the establishment of service
				thereunder within a reasonable time and maintenance thereof with reasonable
				continuity. Failure to maintain vehicles properly qualified for rental for a
				period of more than 1 year is a violation of this section unless permission is
				secured from the department to discontinue service for a longer period upon
				good cause shown.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 176 - Motor carrier and school bus insurance certification requirements › Section Trans 176.01 - Purpose and scope

Current through June 24, 2024
(1) The purpose of this chapter is to
			 prescribe the requirements of liability insurance policies and surety bonds for
			 persons subject to the provisions of s.
			 194.41,
			 Stats.
(2) The forms prescribed in
			 this chapter shall also be used by any person required to file evidence of
			 liability security with the department of transportation under s.
			 121.53(4),
			 341.267(7),
			 341.51(2m),
			 344.51(1m),
			 344.52(1r)
			 or
			 344.55,
			 Stats.
Forms E-G, K, L., S-1, S-2, B-1, EX and FX described in this
				  chapter may be obtained from Uniform Printing and Supply Company, P.O. Box 189,
				  Kendallville, IN 46755, telephone 1-800-382-2424. The Endorsement No. 1 and
				  Petition to Self-Insure forms may be obtained by contacting the Wisconsin
				  Department of Transportation, Motor Carrier Insurance, P.O. Box 7967, Madison,
				  WI 53707.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 176 - Motor carrier and school bus insurance certification requirements › Section Trans 176.02 - Form and execution of liability insurance certificate

Current through June 24, 2024
(1) A certificate
			 of insurance required under this chapter shall recite that the insurer has
			 issued to the named insured a policy of insurance containing an automobile
			 bodily injury and property damage liability endorsement covering the
			 obligations imposed on the named insured under this chapter.
(a) Except as provided in par. (c), the
			 certificate of insurance shall be made on FORM E, Uniform Motor Carrier Bodily
			 Injury and Property Damage Liability Certificate of Insurance.
(b) The endorsement shall be attached to the
			 policy and shall be a part of the policy. Except as provided in par. (d), the
			 endorsement shall be made on FORM F, Uniform Bodily Injury and Property Damage
			 Liability Insurance Endorsement.
(c) In lieu of the FORM E certificate
			 required under par. (a), a certificate of insurance may be made on FORM EX,
			 Motor Carrier Automobile Bodily Injury and Property Damage Liability
			 Certificate of Insurance.
(d) If a
			 FORM EX certificate is filed in lieu of FORM E, an endorsement shall be made on
			 FORM FX, Motor Carrier Automobile Bodily Injury and Property Damage Liability
			 Insurance Endorsement.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 176 - Motor carrier and school bus insurance certification requirements › Section Trans 176.03 - Scheduled and restricted blanket insurance filings; when allowed

Current through June 24, 2024
(1)
			 Notwithstanding any other provision of this chapter, scheduled insurance
			 filings may be used to satisfy the requirements of this chapter if the motor
			 carrier making such filing is a resident of this state and is engaged:
(a) Exclusively in intrastate operations in
			 this state; or
(b) Partly in
			 intrastate operation in this state and partly in interstate operations if:
1. Such interstate operations are exempt from
			 interstate commerce commission regulations;
2. The motor carrier is not registered under
			 the International Registration Plan (IRP);
3. The interstate operations do not involve
			 any other state that is a party to the International Registration Plan (IRP);
			 and
4. The operations are not
			 subject to s.
			 194.04(3)
			 (am), Stats.
(c) A certificate of insurance filed under
			 this subsection shall be made on FORM (S-1) and shall include the Wisconsin
			 Insurance Endorsement for Scheduled Policies. Amendments to scheduled filings
			 shall be made on FORM (S-2), Amended Schedule of Vehicles Insured.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 176 - Motor carrier and school bus insurance certification requirements › Section Trans 176.04 - Notice of insurance and surety bond cancellation

Current through June 24, 2024
(1) Notice of
			 cancellation of motor carrier bodily injury and property damage liability
			 insurance shall be made by an insurer on FORM K, Uniform Notice of Cancellation
			 of Motor Carrier Insurance policies.
(2) Notice of cancellation of any motor
			 carrier bodily injury and property damage liability surety bond shall be made
			 by the surety and its principal on FORM L, Uniform Notice of Cancellation of
			 Motor Carrier Surety Bonds.
(3) The
			 notice of cancellation under sub.
(1) or
(2) is not effective until after
			 30 days from the date it is received by the department of transportation. The
			 30-day notice period may be waived by the department if an acceptable
			 replacement undertaking is filed in accordance with this chapter.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 176 - Motor carrier and school bus insurance certification requirements › Section Trans 176.05 - Evidence of self-insurance

Current through June 24, 2024
(1) In accordance
			 with s.
			 194.42,
			 Stats., the department of transportation may, by order, exempt any common motor
			 carrier of property or of passengers, or other carrier of passengers by motor
			 bus, or contract motor carrier from the liability security requirements imposed
			 under s.
			 194.41,
			 Stats., and ss.
			 Trans 176.01 to
			 if the 176.04 carrier:
(a)
1. Complies with the requirements set forth
			 in s.
			 194.42,
			 Stats., and
2. Files an application
			 to qualify as a self-insurer with the department of transportation;
			 or
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 176 - Motor carrier and school bus insurance certification requirements › Section Trans 176.07 - Completion of forms

Current through June 24, 2024
(1) All forms required by this chapter shall
			 be completed in triplicate and the information requested thereon shall be
			 typewritten on the blank spaces provided.
(2) The forms shall be printed on rectangular
			 cards measuring 5 inches in height and 8 inches in width.
(3) The forms shall be signed by an
			 authorized representative of the insurer or surety.
(4) Certificates of insurance and surety
			 bonds shall be issued in the full and correct name of the individual,
			 partnership or corporation to whom the certificate, permit or license is or
			 will be issued. In the case of a partnership, all partners shall be named. Only
			 one entity shall be named as the insured on the certificate.
(5) If the insurer or surety does not require
			 the third copy to be returned as proof of the acceptance of such filing, the
			 insurer or surety need only provide the department of transportation with 2
			 copies of each form required under this chapter.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 176 - Motor carrier and school bus insurance certification requirements › Section Trans 176.08 - Emergency filings

Current through June 24, 2024
(1) Emergency filing may be made by
			 telephone, telegram, teletype or facsimile equipment providing the following
			 information:
(a) Name of insured.
(b) Name of insurance company and policy
			 number.
(c) Type of filing being
			 made. If it is a scheduled filing, a description of the vehicle must be
			 included.
(d) Statement
			 "Certificate Will Follow".
(e) Date
			 of policy.
(f) Name of authorized
			 representative of the insurer.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 177 - Motor Carriers › Section Trans 177.03 - Applications for motor carrier authority

Current through June 24, 2024
(1) An application
			 for carrier authority shall include the following:
(a) The legal or individual name or names of
			 the applicant as shown on the certificate of insurance required by ch. Trans
			 176 to be filed with the department, the applicant's social security number or
			 federal employer identification number, and U.S. department of transportation
			 number for carriers required by federal law to obtain such numbers.
(b) The applicant's principal place of
			 business.
(c) The appropriate fee
			 as set forth in s.
			 194.04,
			 Stats.
Note:
Applications for motor carrier authority may
				be obtained from the Department of Transportation, 4802 Sheboygan Avenue, P.O.
				Box 7967, Madison, WI 53707-7967, or by calling (608) 266-1356.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 177 - Motor Carriers › Section Trans 177.05 - Corporate name change

Current through June 24, 2024
If the name of a corporation that is authorized as a carrier
				under ch. 194, Stats., is changed, the corporation shall file the articles of
				amendment or restated articles of incorporation with the department. Upon
				receipt of the documents required in this section, the department shall issue
				an amended certificate or license of authority in the new corporate name. No
				fee may be charged for issuance of an amended certificate or license of
				authority under this section.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 177 - Motor Carriers › Section Trans 177.06 - Transfer of certificate or license

Current through June 24, 2024
When the holder of a certificate dies, the certificate holder's
				personal representative, heirs or surviving spouse shall notify the department.
				If that person desires to operate under that certificate, that person may
				request permission from the department to operate for a reasonable period not
				to exceed 2 years. That person shall provide a copy of the death certificate
				and documentation supporting his or her relationship with the decedent. The
				department shall determine when the period shall end and shall notify the
				personal representative, heirs or surviving spouse of its decision. No
				additional fees may be charged by the department for this
				permission.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 177 - Motor Carriers › Section Trans 177.07 - Lease of motor vehicles

Current through June 24, 2024
(1) No carrier
			 authorized under ch. 194, Stats., may operate a leased power unit on the
			 highways of Wisconsin without complying with the provisions of subs. (2)
			 through (4), except for power units owned by a lending institution and operated
			 under a contract between the owner and the operating carrier for purchase of
			 the vehicle.
(2) The lease shall be
			 in writing and shall include all of the following:
(a) Name of the lessor and individual or
			 legal name of the lessee.
(b) Year,
			 make and vehicle identification number of the motor vehicle as shown on the
			 registration card issued for the vehicle.
(c) The date of the lease.
(d) The period of the lease.
(e) Any restrictions, including limitations
			 as to area, cargo and operators.
(f) A statement that the lessee is fully
			 responsible to the public, the shippers and the regulatory agencies having
			 jurisdiction during the period of the lease.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 177 - Motor Carriers › Section Trans 177.08 - Authority cancellation

Current through June 24, 2024
A carrier authorized under ch. 194, Stats., who wishes to have
				its motor carrier authority cancelled shall notify the department in writing
				specifically requesting that the authority be cancelled. The request shall be
				signed by the carrier, its authorized agent or, in the case of a partnership, a
				general partner. Upon receipt of a request that complies with this section to
				cancel an authority, the authority shall be cancelled effective
				immediately.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 177 - Motor Carriers › Section Trans 177.09 - Revocation or suspension of authorities and permits

Current through June 24, 2024
(1) The department,
			 pursuant to s.
			 194.46,
			 Stats., may revoke or suspend an authority or permit issued under ch. 194,
			 Stats., if the department determines that any of the following exist:
(a) The carrier does not have on file with
			 the department proof of continuous bond or insurance coverage in the amounts
			 specified in s.
			 194.41,
			 Stats., or ch. Trans 176 or has not maintained a continuous exemption from
			 insurance undertaking granted by the department as provided for in s.
			 194.42,
			 Stats.
(b) The carrier is unfit to
			 carry on operations by reason of noncompliance with department motor carrier
			 safety regulations.
(c) The carrier
			 is unfit to carry on operations by reason of its reliability and service
			 records.
(d) The carrier has failed
			 to pay any fees or taxes due the department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 178 - Unified Carrier Registration System › Section Trans 178.01 - Authority, purpose, and scope

Current through June 24, 2024
(1) As authorized
			 by s.
			 194.407,
			 Stats., the purpose of this chapter is to establish, consistent with federal
			 law, an annual fee under s.
			 194.407,
			 Stats., for a fleet of commercial motor vehicles that is used in interstate
			 commerce, is subject to the Unified Carrier Registration Agreement, and whose
			 owner or operator is based in Wisconsin, or is based in a state that is not
			 participating in the UCR and has elected to declare Wisconsin as its base
			 state.
(2) This chapter applies to
			 any motor carrier, motor private carrier, freight forwarder, broker, and
			 leasing company that meets any of the following criteria:
(a) Operates any commercial motor vehicle in
			 interstate commerce.
(b) Has no
			 vehicles but is a motor carrier related business located in
			 Wisconsin.
(c) Has declared
			 Wisconsin as the base state for UCR, as required in federal law
			 49 USC
			 14504 a and the Unified Carrier Registration
			 Agreement.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 178 - Unified Carrier Registration System › Section Trans 178.02 - Definitions

Current through June 24, 2024
Words and phrases used in this chapter have the meanings given
				in
				49 USC
				14504a, and in the Unified Carrier
				Registration Agreement unless this chapter provides a different definition. In
				this chapter:
(1g) "Audit" means the
			 department's examination of records sufficient to determine the registrant's
			 correct UCR fee.
(1m) "Broker"
			 means a person, other than a motor carrier or an employee or agent of a motor
			 carrier, that as a principal or agent sells, offers for sale, negotiates for,
			 or holds itself out by solicitation, advertisement, or otherwise as selling,
			 providing, or arranging for, transportation by a motor carrier for
			 compensation.
(2) "Commercial motor
			 vehicle," as defined in
			 49
			 USC 31101, means a self-propelled vehicle
			 used on the highways in commerce principally to transport passengers or cargo,
			 if the vehicle meets any of the following criteria:
(a) Has a gross vehicle weight rating or
			 gross vehicle weight of more than 10,000 pounds.
(b) Is designed to transport more than 10
			 passengers including the driver.
(c) Is used in transporting material found by
			 the secretary of the United States department of transportation to be hazardous
			 under
			 49 USC
			 5103 and transported in a quantity requiring
			 placarding under regulations prescribed by that secretary.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 178 - Unified Carrier Registration System › Section Trans 178.03 - Fees

Current through June 24, 2024
(1) Except as provided in sub. (2), as
			 provided in
			 49
			 CFR 367.20, fees for registration year 2010
			 and thereafter are as follows:
Bracket
Number of commercial motor vehicles owned or operated
							 by exempt or non-exempt motor carrier, motor private carrier, or freight
							 forwarder
Fee per company for exempt or non-exempt motor
							 carrier, motor private carrier, or freight forwarder
Fee per company for broker or leasing company
B1
0-2
$76
$76
B2
3-5
$227
$76
B3
6-20
$452
$76
B4
21-100
$1,576
$76
B5
101-1,000
$7,511
$76
B6
1,001 and above
$73,346
$76
(2) If
			 the Federal Motor Carrier Safety Administration or the U.S. department of
			 transportation acting under
			 49 USC
			 14504 a(d)(7) publishes in the federal
			 register a schedule of fees for the Unified Carrier Registration Plan that
			 differ from the fees set forth in sub. (1), the department shall send notice of
			 those revised fees to the chairpersons of the standing committees of the
			 legislature having jurisdiction over transportation. If no chairperson notifies
			 the secretary of transportation within 14 working days after the date of the
			 department's notice that the committee has scheduled a meeting for the purpose
			 of reviewing the fees, the department shall implement the fees. If within 14
			 working days after the date of the department's notice a chairperson of a
			 committee notifies the secretary of transportation that the committee has
			 scheduled a meeting for the purpose of reviewing the fees, the department shall
			 implement the fees only with the approval of the committee.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 178 - Unified Carrier Registration System › Section Trans 178.04 - Determining the number of commercial motor vehicles

Current through June 24, 2024
(1) The fee is
			 determined by the number of commercial motor vehicles that the registrant
			 operates in interstate commerce, which shall be counted as follows as provided
			 in the UCR Agreement:
(a) The number of
			 commercial motor vehicles owned or operated subject to the fee under this
			 chapter is the greater of the following:
1.
			 The number reported on the MCSA-1 most recently filed with the U. S. department
			 of transportation.
Note:
As stated in s.
				Trans
				178.02(2), a commercial motor vehicle
				for purposes of UCR does not include a towed vehicle. Therefore, a carrier
				should exclude any towed vehicles reported on the MCS-150.
2. The total number of commercial motor
			 vehicles owned or operated for the 12-month period ending on June 30
			 immediately prior to the beginning of the registration year.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 178 - Unified Carrier Registration System › Section Trans 178.05 - Records requirements and retention period

Current through June 24, 2024
A registrant shall retain complete UCR records for the current
				calendar year and the prior year. The records shall contain the
				following:
(1) UCR Form.
(2) UCR Form 1, Vehicles removed in
			 intrastate transportation.
(3) UCR
			 Form 2, Vehicles owned and operated for the 12-month period ending June 30 of
			 the year immediately prior to the year for which the UCR registration is
			 made.
(4) MCSA-1 form filed by the
			 registrant.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 178 - Unified Carrier Registration System › Section Trans 178.06 - Audits and assessments

Current through June 24, 2024
(1) AUDIT. The department may conduct such
			 audits that it deems necessary to determine the adequacy of the fees paid under
			 this chapter. An applicant or registrant shall make records described in this
			 chapter available to the department within 15 days after receiving a written
			 request for the records.
(2)
			 ASSESSMENTS.
(a) The department may, by field
			 or office audit, determine the registration fees to be paid by, or refunded to,
			 any person described in s.
			 Trans
			 178.01(2). The department may base
			 its determination on facts contained in the records or upon any other
			 information in the department's possession.
(b) If any person fails to make records
			 available or to maintain records from which the true fee liability may be
			 determined, the department may assess a registration fee based upon the
			 department's estimation of the registration fee liability.
(c) If a person required to register under
			 this chapter does not file registration when due, the department shall
			 determine the fee liability based on the best information available to it, and
			 shall serve the assessment upon the person in the same manner as an audit
			 assessment.
(d) Any person
			 challenging an assessment shall bear the burden to establish by a fair
			 preponderance of evidence that the department's assessment is erroneous or
			 excessive and the department's assessment shall be set aside only if the
			 correct liability is determined.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 178 - Unified Carrier Registration System › Section Trans 178.07 - Appeal procedures

Current through June 24, 2024
(1) GENERAL. A person may petition the office
			 that administers this chapter for a redetermination. If a person files a
			 petition for redetermination, the additional fee or overpayment shall not
			 become due and payable until 30 days after the date of notice of the completed
			 audit.
Note:
The motor carrier services section currently
				administers this chapter.
(2) FORMAT. The petition for redetermination
			 shall be legibly written, typed, or emailed to the head of the department's
			 motor carrier audit program. The petition shall set forth clearly and concisely
			 the specific grievance to the action, including a statement of the relevant
			 facts and propositions of law upon which the grievance is based. Each request
			 shall be signed by the registrant or a duly authorized
			 representative.
(3) FILING
			 DEADLINE. A petition for redetermination shall be filed within 30 days after
			 the date of notice of a completed audit. A petition for redetermination is
			 considered filed on the date it is received by the department's office that
			 completed the audit, or if it is mailed in a properly addressed envelope, with
			 postage prepaid, the envelope is postmarked before midnight the 30th day and
			 the petition is received by the department within 5 days of the
			 postmark.
(4) PAYMENT. Any person
			 who files a petition for redetermination may pay any portion of the assessment
			 admitted to be correct. The payment shall be considered admission that that
			 portion of the assessment is correct. The admitted portion that is paid may not
			 be recovered in an appeal in any other action or proceeding.
(5) INFORMAL CONFERENCE. A person may request
			 in a petition for redetermination or at any time before the department has
			 acted upon the petition, an informal conference at which the facts and issues
			 involved in the assessment or determination may be discussed. The conference
			 shall be held at a time and place determined by the department. A request under
			 this subsection does not toll the filing deadline under sub. (3).
(6) SETTLEMENT AGREEMENT. If during the
			 appeal process the parties reach agreement, the department and the petitioner
			 may enter a settlement agreement.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 178 - Unified Carrier Registration System › Section Trans 178.08 - Revocation

Current through June 24, 2024
If an assessed fee has not been paid when due and the person
				has not filed a petition for redetermination within 30 days after the date of
				notice of a completed audit, the fee becomes delinquent and subject to
				collection under s. Trans 178.09. The department shall send a notice of
				delinquency and revocation to the last known address of the registrant advising
				of the immediate revocation of UCR registration, fuel tax licensing, and
				vehicle registration privileges, or authority to operate. The department may
				revoke a registration under this chapter if the registrant fails to comply with
				the provisions of this chapter or the provisions of the UCR Agreement. The
				department shall send a notice of revocation to the registrant's mailing
				address of record. Registration revoked under this chapter shall remain revoked
				until the reason for the revocation has been removed. The department may
				revoke, suspend, or refuse any registration, certificate, or permit issued by
				the department upon revocation of the person's UCR
				registration.