Feed for /1995/statutes/statutes/218 PDF
218.40(1) (1) "Department" means the department of transportation.
218.40(1m) (1m) "License period" means the period during which a license granted under s. 218.41 is effective, as established by the department under s. 218.41 (2m) (a) 1.
218.40(2) (2) "Moped" has the meaning designated in s. 340.01 (29m).
218.40(3) (3) "Moped dealer" means any person, firm or corporation, who is engaged wholly or in part in the business of selling mopeds. Provided, however, that a person, firm or corporation who is also a motor vehicle dealer under s. 218.01 shall be governed and regulated by the provisions of s. 218.01 and not this section.
218.40 History History: 1977 c. 288; 1981 c. 20; 1989 a. 31.
218.41 218.41 Moped dealers regulated.
218.41(1) (1) No person may engage in the business of selling mopeds in this state without a license therefor as provided in this section.
218.41(2) (2)
218.41(2)(a)(a) Application for license shall be made to the department at such time and in such form, and containing such information, as the department requires.
218.41(2)(b) (b) The application shall be accompanied by the fee required under sub. (2m) (b) or (c).
218.41(2)(c) (c) The department may require in such application, or otherwise, information relating to the applicant's solvency, financial standing or other pertinent matter, commensurate with the safeguarding of the public interest in the locality in which the applicant proposes to engage in business, all of which may be considered by the department in determining the fitness of the applicant to engage in business as set forth in this section.
218.41(2)(d) (d) All licenses shall be granted or refused within 30 days after the department receives the application for the license.
218.41(2)(e) (e) Each license shall specify the location of the office or branch for which it is issued and must be available for inspection there. In case such location is changed, the department shall endorse the change of location on the license without charge if it is within the same municipality. A change of license to another municipality shall require a new license.
218.41(2m) (2m)
218.41(2m)(a)1.1. The department shall promulgate rules establishing a license period.
218.41(2m)(a)2. 2. The department may promulgate rules establishing a uniform expiration date for all licenses granted under this section.
218.41(2m)(b) (b) The department shall establish by rule the amount of the fee for a license granted under this section. The fee may not exceed a total of $50 per year for each year that the license is effective. The fee shall be prorated if the license period is not evenly divisible into years.
218.41(2m)(c) (c) If the department grants a license under this section during the license period, the fee for the license shall equal the annual amount established under par. (b) multiplied by the number of calendar years, including parts of calendar years, during which the license remains in effect. A fee determined under this paragraph may not exceed the total license fee for the entire license period under par. (b).
218.41(3) (3) A license may be denied, suspended or revoked on any of the following grounds:
218.41(3)(a) (a) Proof of unfitness of applicant.
218.41(3)(b) (b) Material misstatement in application for license.
218.41(3)(c) (c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
218.41(3)(d) (d) Wilful failure to comply with any provision of this section or any rule or regulation promulgated by the department under this section.
218.41(3)(e) (e) Wilfully defrauding any retail buyer to the buyer's damage.
218.41(3)(f) (f) Wilful failure to perform any written agreement with any retail buyer.
218.41(4) (4) The department may without notice deny the application for a license within 30 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Upon request by the applicant whose license has been so denied, the division of hearings and appeals shall set the time and place of hearing a review of such denial, the same to be heard with reasonable promptness.
218.41(5) (5)
218.41(5)(a)(a) No license may be suspended or revoked except after a hearing thereon.
218.41(5)(b) (b) Except as provided in par. (c), the division of hearings and appeals shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking the license shall not be effective until after 10 days' written notice thereof to the licensee, after the hearing has been had.
218.41(5)(c) (c) When the department finds that the best interest of the public or the trade demands such action, the department may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license.
218.41(6) (6) The department may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by the licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of the costs in any court of competent jurisdiction.
218.41(7) (7) If a licensee is a firm or corporation, it shall be sufficient cause for the denial, suspension or revocation of a license that any officer, director or trustee of the firm or corporation, or any member in case of a partnership or limited liability company, has been guilty of any act or omission which would be cause for refusing, suspending or revoking a license to the party as an individual. Each licensee shall be responsible for the acts of any or all salespersons while acting as the licensee's agent, if the licensee approved of or had knowledge of the acts or other similar acts and after such approval or knowledge retained the benefit, proceeds, profits or advantages accruing from the acts or otherwise ratified the acts.
218.41(8) (8) Any department or other person in interest being dissatisfied with an order of the division of hearings and appeals may have a review thereof as provided in ch. 227.
218.42 218.42 Examination by department. No licensee is subject to examination or audit by the department under this subchapter other than as provided in s. 218.41 (6).
218.42 History History: 1977 c. 288.
218.43 218.43 Penalty. Any person violating s. 218.41 or a lawful rule or order issued thereunder shall, upon conviction, be subject to a fine of not less than $25 and not more than $100.
218.43(1) (1) The department may cancel the license of the convicted licensee.
218.43(2) (2) The license issued to any convicted licensee shall be surrendered to any police officer upon direction of the department without any refund of the fees paid.
218.43(3) (3) Any license canceled under this section may not be renewed for 12 months.
218.43 History History: 1977 c. 288.
subch. X of ch. 218 SUBCHAPTER X
MOTOR VEHICLE SALVAGE POOLS
AND BUYER IDENTIFICATION
218.50 218.50 Definitions. In this subchapter:
218.50(1) (1) "Buyer identification card" means a card issued by the department authorizing the cardholder to bid on and purchase motor vehicles being held and offered for sale by a motor vehicle salvage pool and containing the full name, business and residence address and a brief description of the cardholder, the buyer identification number assigned to the cardholder by the department, either a facsimile of the cardholder's signature or a space upon which the cardholder shall write his or her name immediately upon receipt of the card and such other information as the department specifies.
218.50(1m) (1m) "Buyer identification card period" means the period during which a buyer identification card issued under s. 218.51 is effective, as established by the department under s. 218.51 (3) (b) 1.
218.50(2) (2) "Buyer identification number" means the distinguishing sequence of numbers or numbers and letters assigned by the department to a cardholder and appearing on that cardholder's buyer identification card.
218.50(3) (3) "Cardholder" means a person to whom the department has issued a buyer identification card.
218.50(4) (4) "Department" means the department of transportation.
218.50(5) (5) "Motor vehicle salvage pool" means a person who is engaged primarily in the business of selling or distributing damaged motor vehicles at wholesale, whether or not the motor vehicles are owned by that person.
218.50(6) (6) "Qualified applicant" means a motor vehicle dealer, wholesaler salvage dealer licensed under this chapter, a motor vehicle dealer, wholesaler or salvage dealer licensed in another jurisdiction or an employe of a motor vehicle dealer, wholesaler or salvage dealer under this subsection.
218.50 History History: 1987 a. 349; 1989 a. 31, 56.
218.505 218.505 Salvage pools to be licensed as wholesalers. No motor vehicle salvage pool may engage in business as such unless licensed as a wholesaler under s. 218.01.
218.505 History History: 1987 a. 349.
218.51 218.51 Buyer identification cards.
218.51(1) (1) The department shall issue buyer identification cards to qualified applicants who wish to purchase or submit bids for the purchase of used or damaged motor vehicles from a motor vehicle salvage pool. The department shall specify the form of the buyer identification card.
218.51(2) (2) A buyer identification card entitles a cardholder to purchase or submit bids for the purchase of a motor vehicle from a motor vehicle salvage pool during the buyer identification card period.
218.51(3) (3)
218.51(3)(a)(a) The department shall administer this section and specify the form of the application for a buyer identification card and the information required to be provided in the application.
218.51(3)(b)1.1. The department shall promulgate rules establishing the buyer identification card period.
218.51(3)(b)2. 2. The department may promulgate rules establishing a uniform expiration date for all buyer identification cards issued under this section.
218.51(3)(c) (c) The department shall establish by rule the amount of the fee for a buyer identification card issued under this section.
218.51(3)(d) (d) If the department issues a buyer identification card under this section during the buyer identification card period, the fee for the buyer identification card shall equal the amount established under par. (c), expressed at an annual rate, multiplied by the number of calendar years, including parts of calendar years, during which the buyer identification card remains in effect. A fee determined under this paragraph may not exceed the total buyer identification card fee for the entire buyer identification card period under par. (b).
218.51(4) (4) The department may deny, suspend or revoke a buyer identification card on any of the following grounds:
218.51(4)(a) (a) Proof of unfitness.
218.51(4)(b) (b) Material misstatement in the application for a buyer identification card.
218.51(4)(c) (c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
218.51(4)(d) (d) Wilful failure to comply with any provision of this subchapter or any rule promulgated by the department under this subchapter.
218.51(4)(e) (e) Failure or refusal to furnish and keep in force any bond required.
218.51(4)(f) (f) Having made a fraudulent transaction or having permitted the fraudulent use of his or her buyer identification card.
218.51(4)(g) (g) Fraudulent misrepresentation, circumvention or concealment through whatsoever subterfuge or device of any of the material particulars required under this subchapter to be stated or furnished to a motor vehicle salvage pool.
218.51(4)(h) (h) Having violated any law relating to the sale, distribution or financing of salvaged parts.
218.51(5) (5)
218.51(5)(a)(a) The department may without notice deny the application for a buyer identification card within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the division of hearings and appeals to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness.
218.51(5)(b) (b) No buyer identification card may be suspended or revoked except after a hearing thereon. The department shall give the cardholder at least 5 days' notice of the time and place of such hearing. The order suspending or revoking a buyer identification card shall not be effective until after 10 days' written notice thereof to the cardholder, after such hearing has been had; except that the department, when in its opinion the best interest of the public or the trade demands it, may suspend a buyer identification card upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the buyer identification card. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals.
218.51(5)(c) (c) The department may inspect the pertinent books, records, letters and contracts of a cardholder. The actual cost of each such examination shall be paid by the cardholder so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.
218.51 History History: 1987 a. 349; 1989 a. 31; 1991 a. 39; 1993 a. 16.
218.52 218.52 Purchases from motor vehicle salvage pools.
218.52(1)(1) No person may purchase or submit a bid for the purchase of a motor vehicle from a motor vehicle salvage pool unless the following conditions are satisfied:
218.52(1)(a) (a) The person is a cardholder and the person's buyer identification card has not been suspended or revoked.
218.52(1)(b) (b) The person displays his or her valid buyer identification card to the salvage pool and includes his or her buyer identification number on each sheet of any bid submitted to a motor vehicle salvage pool for the purchase of a motor vehicle or other document evidencing the purchase of a motor vehicle from a motor vehicle salvage pool.
218.52(2) (2) No motor vehicle salvage pool may accept a bid for the purchase of a motor vehicle or complete the sales transaction unless the person who submits the bid or offers to purchase a motor vehicle from the motor vehicle salvage pool satisfies the conditions under sub. (1) (b) and the motor vehicle salvage pool verifies that the buyer identification number displayed on the person's buyer identification card and included on each sheet of that person's bid or other document evidencing the purchase of a motor vehicle are identical.
218.52(3) (3) For each motor vehicle sold by a motor vehicle salvage pool, the motor vehicle salvage pool shall enter on the certificate of title, or on the form used to reassign the title, any information that the department requires to indicate that ownership of the vehicle was transferred by a motor vehicle salvage pool.
218.52(4) (4)Section 342.157 applies to motor vehicles sold by a motor vehicle salvage pool under this section.
218.52 History History: 1987 a. 349; 1993 a. 159.
218.53 218.53 Penalties. Any person who violates this subchapter shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for not more than 90 days or both.
218.53 History History: 1987 a. 349.
Loading...
Loading...
This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?