State Codes and Statutes

Statutes > Wisconsin > 341 > 341.41

341.41

341.41 Reciprocity agreements authorized.

341.41(1)

(1) The secretary with the approval of the governor is authorized to enter into reciprocal agreements with the responsible officers of other jurisdictions as to licenses, mileage and flat taxes under which motor vehicles, trailers, or semitrailers properly licensed or registered in other jurisdictions may be operated in interstate commerce in this state without a Wisconsin registration or the payment of mileage or flat taxes, provided like privileges are accorded to vehicles owned by Wisconsin residents when operated in such other jurisdictions. Such agreement may include such restrictions, conditions and privileges, including any proportional registration, taxes or fees, as are deemed advisable. Such agreement shall provide that a resident of this state when using the highways of such other jurisdiction shall receive exemptions of a similar kind to a like degree.

341.41(1a)

(1a) The secretary with the approval of the governor is authorized to enter into reciprocal agreements with the responsible officers of other jurisdictions as to licenses, mileage and flat taxes under which motor vehicles, trailers or semitrailers properly licensed or registered in either jurisdiction, may be operated in intrastate commerce in either jurisdiction without additional base plate registration or the payment of mileage or flat taxes, providing like privileges are accorded Wisconsin licensed vehicles when operated in such other jurisdictions, and that this state will obtain a fair and equitable share of license registrations. Such agreement may include such restrictions, conditions and privileges, including any proportional registration, taxes or fees, as are deemed advisable.

341.41(1b)

(1b) Vehicles operated in intrastate commerce in this state are not exempt by virtue of any reciprocity agreement entered into pursuant to sub. (1a) unless:

341.41(1b)(a)

(a) The vehicle has conspicuously displayed upon it a valid registration plate;

341.41(1b)(b)

(b) The operator of the vehicle has in his or her possession a valid registration certificate or other evidence that the vehicle is properly registered; and

341.41(1b)(c)

(c) The vehicle displays a Wisconsin tax permit, Wisconsin prorate plate or other form of Wisconsin authorization unless operated in accordance with rules adopted under s. 341.40 (1) (d).

341.41(2)

(2) A nonresident operating a vehicle in this state is not exempt by virtue of any reciprocity agreement entered into pursuant to sub. (1) unless all of the following requirements are met:

341.41(2)(a)

(a) The vehicle is properly registered in the jurisdiction of the residence of its owner, its domicile, or the principal place of business of its owner or is registered on a proportional registration basis pursuant to an interstate compact.

341.41(2)(b)

(b) The vehicle has conspicuously displayed upon it a valid registration plate.

341.41(2)(c)

(c) The operator of the vehicle has in his or her possession a valid registration certificate or other evidence that the vehicle is properly registered.

341.41(3)

(3) If the laws of another jurisdiction impose upon the vehicles of residents of this state any taxes, fees, charges, penalties, obligations, restrictions, prohibitions or limitations of any kind additional to those imposed by this state upon the vehicles of residents of such other jurisdiction the secretary with the approval of the governor is authorized to impose and collect fees or charges in like amount and to provide for similar obligations, prohibitions or limitations upon the owner or operator of a vehicle registered in such other jurisdiction so long as the laws of such other jurisdiction requiring such imposition remain in effect.

341.41(4)

(4) Trailers and semitrailers may be operated in Wisconsin without the payment of fees or ton mile or flat taxes when such trailers or semitrailers are operated in exchange for trailers or semitrailers or are operated in accordance with rules adopted by the secretary respecting the interchange of equipment. When used in railroad trailer-on-flat-car service, foreign licensed trailers or semitrailers may be operated in commerce in Wisconsin without the payment of permit or registration fees.

341.41(5)

(5) In this section, "proportional registration, taxes or fees" means the registration of a portion of the vehicles or the payment of a portion of the taxes or fees in Wisconsin and a portion in the reciprocating jurisdiction in a general ratio or proportion based on the total number of miles traveled by the owner or operator in the reciprocating jurisdictions.

341.41(6)

(6) The secretary is also authorized to accept proportional registration of a fleet of 3 or more vehicles of any duly authorized common carrier of passengers as defined in s. 194.01 (1), operating such fleet in interstate commerce or jointly in interstate and intrastate commerce in this state, if the secretary is satisfied prior to the approval of such proportional registration that this state will obtain a fair and equitable share of license registrations of the vehicles comprising such fleet. Such proportional registration shall be accomplished either by payment, to the department, of registration fees in an amount equal to that obtained by applying the proportion of in-state fleet miles divided by the total fleet miles to the total fees which would otherwise be required for the registration of each and all such vehicles in this state, or by registration of a portion of such vehicles as above determined.

341.41(7)

(7) Except as to foreign owned vehicles required by s. 341.07 to be registered in this state, vehicles owned or operated by a nonresident in interstate or intrastate movement may be qualified by advance purchase of a trip permit which authorizes operation for a 72-hour period when the vehicle is not eligible for reciprocal privileges. Unless waived by the secretary, the fee for the trip permit shall be not less than $15. The secretary may, upon determining that a special transportation need exists, waive the fee for the trip permit. The secretary shall make rules and regulations for the issuance and use of the permits.

341.41(8)

(8)

341.41(8)(a)

(a) Residents of the state operating a fleet of 3 or more units consisting of trucks, truck tractors or road tractors with a gross weight of not less than 12,000 pounds shall display Wisconsin registration plates for which 100% of the fee has been paid on vehicles not exempt from Wisconsin registration and operated in intrastate commerce. Vehicles engaged in interstate commerce may display Wisconsin prorate registration plates for which a proportional registration fee has been paid in addition to a full fee registration plate from another jurisdiction. Such proportional registration shall be accomplished either by payment to the department of registration fees in an amount equal to that obtained by applying the proportion of in-state fleet miles divided by the total fleet miles to the total fees which would otherwise be required for the registration of all such vehicles in this state, or by registration of a portion of such vehicles as determined under this subsection. The department may refuse to permit any or all of such vehicles to be registered under apportionment if the department is not satisfied that this state will obtain a fair and equitable share of license registrations of the vehicles comprising such fleet.

341.41(8)(b)

(b) This subsection applies only if the state is a party to the international registration plan under s. 341.405 (1).

341.41(9)

(9)

341.41(9)(a)

(a) Motor carriers engaged in interstate commerce or jointly in interstate and intrastate commerce and operating a fleet of one or more units consisting of trucks, truck tractors or road tractors with a gross weight of 26,000 pounds or more, or power units having 3 or more axles regardless of weight, or vehicle combinations when the weight of the combinations exceeds 26,000 pounds may file an application for a prorate registration plate under this subsection. Eligibility under this subsection is conditioned on the vehicle also displaying a registration plate from another jurisdiction. An application for a prorate registration plate under this subsection shall be accompanied by payment to the department of a fee in an amount equal to that obtained by applying the proportion of Wisconsin in-state fleet miles plus fleet miles operated in jurisdictions with which Wisconsin has a free reciprocity agreement on vehicle registration fees divided by the total fleet miles to the total fees which would otherwise be required for annual registration of the vehicles in Wisconsin. In addition to the prorate fee, the registrant shall pay a fee to cover the cost of issuance of each cab card and plate or decal issued under this subsection. The department may refuse to permit any or all of such vehicles to be registered under this subsection if the department is not satisfied that the state will obtain a fair and equitable share of registration revenue from the vehicles comprising such fleet.

341.41(9)(b)

(b) This subsection does not apply if the state is a party to the international registration plan under s. 341.405 (1).

341.41 - ANNOT.

History: 1977 c. 29 ss. 1448, 1654 (7) (a), (c); 1977 c. 273, 418; 1979 c. 221; 1981 c. 20; 1983 a. 27; 1983 a. 189 s. 329 (29); 1983 a. 192; 1985 a. 332 s. 251 (4); 1987 a. 369; 1991 a. 316; 1999 a. 85.

341.41 - ANNOT.

Cross Reference: See also ch. Trans 146, Wis. adm. code.