(1) The department
may use any of the following sources of information to determine whether an
uninsured operator or owner, based on a preponderance of evidence, is exempt
under s.
344.14(2) (k),
Stats., from the security requirements of ch. 344, Stats.:
(a) Operator reports of accidents.
(b) Law enforcement agency reports of
accidents.
(c) Other information,
such as statements of witnesses to the accident and supplementary reports from
the investigating law enforcement agency.
(d) Records of convictions or other
information on file with the department.
(e) Accident reconstruction
reports.
(f) Notices of payment of
claims issued by insurance companies.
(g) Coroner reports, except blood test
results received by the department under s.
346.71(2),
Stats.
Note: Blood test results obtained from police reports or other
sources may be considered by the Department.
(h) Investigator reports.
(2) An uninsured operator or owner
may not be required to deposit security when there is no reasonable possibility
of a judgment being rendered against the uninsured operator. The department may
consider the following in making that determination:
(a) Whether the person committed a violation
of any rule of the road set out in ch. 346, 347, 348 or 350, Stats.
(b) Whether the person failed to exercise
ordinary care, based on information from the sources listed in sub. (1).
(c) Notices of payment of claims
from insurance companies.
(d)
Investigator reports.
(e) Any other
relevant evidence provided by witnesses or the parties.
(f) Coroner reports.
Note: See s.
344.14(2) (k),
Stats.
(3) If
the department requires a person to deposit security under s.
344.13, Stats., and, after
receiving additional information, determines that no reasonable possibility of
a judgment finding the person liable exists, the department may rescind the
security requirement. The department may accept any evidence of probative value
including the types of evidence identified in sub. (1). The department may not
rescind the security requirement solely because the owner, operator or other
person who posted the bond files a bankruptcy petition. In the event of a
bankruptcy proceeding involving an owner, operator, or person who filed a bond,
the department shall retain the bond pending determination of liability for the
accident and damages caused, and the application of the bond proceeds toward
the judgment amount, regardless of whether the bankrupt debtor remains
personally liable for that debt.
Notes
Wis. Admin. Code
Department of Transportation
Trans 100.06
Cr. Register, October,
1985, No. 358, eff. 11-1-85; am. (1) (intro.), (2) (intro.), r. (3), renum. (4)
to be (3), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1)
(intro.), (a) and (b), (2) (intro.), (a) and (b) and (3), cr. (1) (d) to (h)
and (2) (c) to (f) Register October 2005 No. 598, eff.
11-1-05.
Where the Department has received a safety responsibility
bond, it holds that bond in trust for the victims of the accident. No bond
shall be released upon the filing of a bankruptcy, but shall be held in trust
for the benefit of the injured parties. The injured parties may commence a suit
to determine liability of the bankrupt debtor and to recover from the trustres.
