Section Trans 100.03 - Reporting an accident(1) In this section, "reportable" refers to an accident in which the minimum damage requirements of s. 346.70, Stats., are met or exceeded, and for which reporting the accident is mandatory under that section, or an accident to which the safety responsibility law applies under s. 344.12, Stats. Note: Section 346.66, Stats., makes the accident reporting requirements of s. 346.70, Stats., applicable only as follows:
346.66 Applicability of sections relating to accidents and accident reporting. In addition to being applicable upon highways, ss. 346.67 to 346.70 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. These sections do not apply to private parking areas at farms or single-family residences or to accidents involving only snowmobiles, all-terrain vehicles or vehicles propelled by human power or drawn by animals.
Section 344.12, Stats., makes the safety responsibility law apply as follows:
344.12 Applicability of provisions relating to deposit of security for past accidents. Subject to the exceptions contained in s. 344.14, the provisions of this chapter requiring deposit of security and requiring suspension for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person of $1,000 or more.
(1m) A law enforcement agency investigating a reportable accident involving a vehicle shall report the accident to the department as required under s. 346.70(4), Stats. If a law enforcement agency does not investigate and report the accident within 10 days after the accident, the operators of the vehicles involved in the accident shall report the accident to the department as required under s. 346.70(2), Stats. The department may accept or require a report of the accident to be filed by the occupant or the owner in lieu of a report by the operator. Note: Forms MV 4000 Wisconsin Motor Vehicle Accident Report and MV 4002 Driver Report of Accident.
(2) Persons misidentified as an operator in a law enforcement report may file a written report with the department regarding that fact. Upon receipt of such a report, the department shall require the person claiming to have been misidentified to do either of the following: (a) Have the agency that filed the report file an amended law enforcement agency report with the department.(b) Provide the department with a copy of court findings meeting any of the following criteria: 1. From any type of proceeding that identifies the true operator of the vehicle at the time of the accident.2. From a criminal, traffic forfeiture or civil proceeding that concludes the person was not a vehicle operator involved in the accident.3. From a civil court proceeding related to establishing liability issues related to the accident that the court cannot determine whether the person was the operator of a vehicle involved in the accident.(2m) If a person filing a report under sub. (2) does not meet one of the requirements of sub. (2) (a) or (b), the department shall accept the identification of the operator in the original police report as correct. If all operators involved in an accident that was reported by a person other than a police agency and all owners of vehicles involved in that accident stipulate that a person was misidentified in an accident report and identify another person as the actual operator, the department may accept the newly identified person as the actual operator of the vehicle and release the misidentified person from further responsibility under this chapter. In all other cases involving the identification of an operator in an accident report, the department shall make a determination of the accuracy of the identification of the operator based on the credibility of the evidence submitted at hearing.(3) The department shall assume that all accident reports it receives from enforcement agencies or operators meet the reporting criteria of s. 346.70(1), Stats., or the minimum requirements for safety responsibility act under s. 343.12, Stats. An accident report filed by a police agency for an accident that is not reportable shall be returned to the reporting agency. A report from another source for an accident that is not reportable shall be discarded. If the department determines from credible evidence received, which could include property damage estimates or signed statements, that an accident that has been abstracted as part of a driver's record is not reportable, the accident will not be included in a public abstract of the driver's driver record maintained under s. 343.23, Stats. Note: On the current Wisconsin Motor Vehicle Accident Report form, MV4000, reporters indicate whether they believe an accident is reportable by so indicating in Box 1 of the form.
(4) The department may not suspend a person's operating privilege or motor vehicle registration for failure to file an accident report, under s. 344.08, Stats., if no further information is needed from the person who failed to file the report.Wis. Admin. Code Department of Transportation Trans 100.03
Cr. Register, October, 1985, No. 358, eff. 11-1-85; r. and recr. (1) and (3), am. (2), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: renum. (1) to be (1m) and am., (4) renum. from Trans 100.14(1) and am., cr. (1) and (2m), r. and recr. (2), am. (3) Register October 2005 No. 598, eff. 11-1-05.