(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).
(5) An affidavit, filed by an insurer under
s. 344.15(4),
Stats., that is signed by the owner and attests that the operator did not have
permission to operate the motor vehicle at the time of the accident.
(6) Any affidavit made under sub. (4) (c) or
(5) with respect to a leased motor vehicle shall be made by the vehicle lessee
rather than the vehicle owner, unless the vehicle owner affirms that possession
and control over the vehicle had transferred from the lessee to the owner by
repossession or other operation of law at the time of the
accident.
Notes
Wis. Admin. Code
Department of Transportation
Trans 100.09
Cr. Register, October,
1985, No. 358, eff. 11-1-85; am. (1), Register, April, 1994, No. 460, eff.
5-1-94; CR 01-156: renum. (intro.) and (1) to be (4) (intro.) and (a), (2) to
be (4) (b) and (c), (3) to be (5) and am. cr. (1), (2), (3) and (6) Register
October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (4) (intro.) Register
November 2010 No. 659, eff. 12-1-10.
A lessee is considered an "owner" under s.
344.01(2) (cm).
Because the lessee ordinarily has direct control of a leased vehicle, the
lessee should ordinarily provide an affidavit under sub. (4) (c) or (5) rather
than the lessor or titled owner.
