342.05 When certificate of title required.
342.06 Application for certificate of title.
342.065 Title for salvage vehicle.
342.07 Title for repaired salvage vehicle.
342.08 Department to examine records.
342.09 When department to issue certificate and to whom; maintenance of records.
342.10 Contents of certificate of title.
342.11 Grounds for refusing issuance of certificate of title.
342.12 Withholding certificate of title; bond.
342.13 Lost, stolen or mutilated certificates.
SUBCHAPTER II
TRANSFER OF TITLE
342.15 Transfer of interest in a vehicle.
342.155 Mileage disclosure requirements of transferors and transferees.
342.156 Transfers of leased motor vehicles.
342.157 Motor vehicle salvage pools and auction companies to maintain records.
342.16 Transfer to or from dealer.
342.17 Involuntary transfers.
342.18 When department to issue a new certificate.
342.19 Perfection of security interests.
342.195 Notification of person who has perfected security interest.
342.20 Duties on creation of security interest.
342.21 Assignment of security interest.
342.22 Release of security interest.
342.23 Secured party's and owner's duties.
342.24 Method of perfecting exclusive.
342.25 Suspension or revocation of certificate.
342.255 Cancellation of title or registration.
342.26 Hearings and appeal.
SUBCHAPTER III
ANTI-THEFT AND ANTI-FRAUD PROVISIONS
342.30 Identification numbers.
342.31 Report of stolen or abandoned motor vehicles.
342.32 Counterfeiting and unlawful possession of certificate of title.
342.33 Sale of vehicle used as taxicab.
342.34 Department to be notified of destruction or junking of vehicle.
342.40 Vehicle abandonment prohibited; removal; disposal.
CERTIFICATE OF TITLE
342.01
342.01
Words and phrases defined. 342.01(1)
(1) Words and phrases defined in
s. 340.01 are used in the same sense in this chapter unless a different definition is specifically provided.
342.01(2)(am)
(am) "Leasing company" means any lessor who, within the preceding 12 months, has leased 5 or more vehicles for a period of at least 4 months.
342.01(2)(b)
(b) "Mileage" means the actual distance that a vehicle has traveled in miles.
342.01(2)(c)
(c) "Transfer" means to change ownership by purchase, gift or any other means.
342.01 History
History: 1993 a. 159;
1997 a. 27.
342.02
342.02
Excepted liens and security interests. This chapter does not apply to or affect:
342.02(1)
(1) A lien given by statute or rule of law to a supplier of services or materials for the vehicle.
342.02(2)
(2) A lien given by statute to the United States, this state or any political subdivision of this state.
342.02(3)
(3) A security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale, which shall be governed by the applicable provisions of
ch. 409.
342.03
342.03
Motor vehicle, trailer or semitrailer leases. Notwithstanding
s. 401.201 (37) or
ch. 409, a transaction involving a motor vehicle, trailer or semitrailer does not create a conditional sale or a security interest merely because it includes a provision that permits or requires the rental price to be adjusted under the agreement by reference to the amount realized upon the sale or other disposition of the motor vehicle, trailer or semitrailer.
342.03 History
History: 1991 a. 148.
342.05
342.05
When certificate of title required. 342.05(1)
(1) The owner of a vehicle subject to registration in this state, whether or not such vehicle is operated on any highway of this state, shall make application for certificate of title for the vehicle under the following circumstances:
342.05(1)(a)
(a) If the owner has newly acquired the vehicle, he or she shall make application under
s. 342.15.
342.05(1)(b)
(b) If the owner applies for registration of a vehicle without holding a valid certificate of title previously issued to that owner by the department for the vehicle, he or she shall at the same time apply for a certificate of title.
342.05(2)
(2) Except as provided in
sub. (3), an applicant's eligibility for a certificate of title is a prerequisite to registration of the vehicle. If the applicant for registration holds a valid certificate of title previously issued to the applicant by the department for the vehicle, that is prima facie evidence of ownership of the vehicle and the applicant need not apply for a new certificate of title on application for registration.
342.05(3)
(3) This section does not apply in a situation where the law expressly authorizes registration of a vehicle in the name of a person other than the owner or where the law expressly authorizes registration without a certificate of title.
342.05(4)
(4) Any owner who operates or consents to the operation of a vehicle for which a certificate of title is required without such certificate having been issued or applied for or any other person who operates a vehicle for which a certificate of title is required, knowing that the certificate of title has not been issued or applied for, may be required to forfeit not more than $200. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed and with postage prepaid.
342.05(5)
(5) Unless otherwise authorized by rule of the department, a nonresident owner of a vehicle that is not subject to registration in this state may not apply for a certificate of title under this chapter unless the vehicle is subject to a security interest or except as provided in
s. 342.16 (1) (a). Notwithstanding any other provision of this section, a nonresident may purchase temporary operation plates under
s. 341.09 (4). Any temporary operation permit or plate issued under
s. 341.09 shall not be considered registration of the vehicle for purposes of this subsection.
342.06
342.06
Application for certificate of title. 342.06(1)
(1) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee and any applicable taxes. Information obtained by the department under this subsection shall be provided to the department of revenue for the purposes of administering state taxes and collecting debt. Each application for certificate of title shall include the following information:
Effective date text
(1) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee and any applicable taxes. The department shall provide the information it obtains under this subsection to the department of revenue for the sole purpose of administering state taxes. Each application for certificate of title shall include the following information:
342.06(1)(b)
(b) A description of the vehicle, including make, identification number and any other information or documentation that the department may reasonably require for proper identification of the vehicle or for determination of the mileage of the vehicle as disclosed by prior transferors.
342.06(1)(c)
(c) The date of purchase by the applicant, the name and address of the person from whom the vehicle was acquired and the names and addresses of any secured parties in the order of their priority.
342.06(1)(d)
(d) If the vehicle is a new vehicle being registered for the first time, the signature of a dealer authorized to sell that new vehicle, the total of the number of tires normally used on the vehicle during its operation on the highways plus the number of any spare tires with which the vehicle is normally equipped and the manufacturer's document of origin. The document of origin shall contain the information specified by the department.
342.06(1)(e)
(e) Any further evidence of ownership which may reasonably be required by the department to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle.
342.06(1)(eg)
(eg) Except as provided in
par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of workforce development for the sole purpose of administering
s. 49.22 and to the department of revenue for the purposes of administering state taxes and collecting debt.
Effective date text
(eg) Except as provided in par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of workforce development for the sole purpose of administering s. 49.22 and to the department of revenue for the sole purpose of administering state taxes.
342.06(1)(eh)
(eh) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A certificate of title that is issued in reliance on a statement submitted under this paragraph is invalid if the statement is false.
342.06(1)(em)
(em) Any further evidence which may reasonably be required by the department to enable it to determine whether any of the information specified in
s. 342.10 (3) (c) to
(g) may be applicable to the vehicle.
342.06(1)(f)
(f) If the identification number of the vehicle has been removed, obliterated or altered, or if the original casting has been replaced, or if the vehicle has not been numbered by the manufacturer, the application for certificate of title shall so state. If the identification number of the vehicle was originally based on an engine number and the engine number is no longer pertinent to the vehicle because of subsequent engine changes and no other manufacturer's identification number, chassis number or serial number exists, the department shall assign a new identification number for the vehicle under
s. 342.30 (1m).
342.06(1)(g)
(g) If the vehicle is a used motor vehicle which was last previously registered in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement pertaining to the title history and ownership of such motor vehicle, such statement to be in the form the department prescribes.
342.06(1)(h)
(h) If the applicant for certificate of title for a motor vehicle intends to utilize that vehicle as a taxicab or for public transportation, the applicant shall state that fact in the application. If the applicant knows that the vehicle has previously been used as a taxicab or for public transportation and that fact is not noted on the old certificate of title, the applicant shall state in the application that the vehicle has previously been so used.
342.06(1)(hm)
(hm) If the applicant for certificate of title for a motor vehicle intends to utilize that vehicle as a police vehicle by a law enforcement agency, the applicant shall state that fact in the application. If the applicant knows that the vehicle has previously been used as a police vehicle by a law enforcement agency and that fact is not noted on the old certificate of title, the applicant shall state in the application that the vehicle has previously been so used.
342.06(1)(hr)
(hr) If the vehicle is less than 7 years old, is damaged by collision or other occurrence to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 30% of its fair market value and was transferred to an insurer upon payment of an insurance claim, the insurer shall state that fact in the application. If the applicant knows that the vehicle had been transferred to an insurer upon payment of an insurance claim and that fact is not noted on the old certificate of title, the applicant shall state in the application that the vehicle has previously been so transferred. This paragraph does not apply to salvage vehicles.
342.06(1)(j)
(j) For a motor vehicle of a model year less than 10 years old, the certificate of title of the person transferring the title to the applicant or, if applicable, the manufacturer's document of origin; the mileage disclosure statement required under
s. 342.155 (1); and, if applicable, the power of attorney required under
15 USC 1988 or rules of the department.
342.06(1)(k)
(k) If the vehicle is an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less and a temporary operation plate has been issued for the vehicle under
s. 341.09 (2m) (a) 1. b. or
2., the registration number of the temporary operation plate.
342.06(1m)
(1m) On the form or in the automated format for application for a certificate of title, the department may show the fee under
s. 342.14 (3m) separately from the fee under
s. 342.14 (1) or
(3).
342.06(2)
(2) Any person who knowingly makes a false statement in an application for a certificate of title is guilty of a Class H felony.
342.06(3)
(3) Any person intending to use a vehicle as a taxicab or for public transportation who fails to state such intent in the application for certificate of title or any person who fails to furnish any other information required by
sub. (1) (h) may be required to forfeit not more than $1,000.