Register April 2009 No. 640
Chapter ATCP 118
CAR RENTALS; CUSTOMER NOTICES
Subchapter I — Notice of Renter Liability
ATCP 118.01   Scope and applicability of chapter.
ATCP 118.02   Notice requirements.
ATCP 118.03   Modification of notice.
ATCP 118.04   Violations.
Subchapter II — Notice of Charges Related to Nonmoving Traffic Violations
ATCP 118.10   Definitions.
ATCP 118.12   Notice of charges related to nonmoving traffic violations.
Ch. ATCP 118 Note Note: Chapter Jus 2 was created as an emergency rule effective March 1, 1991. Chapter ATCP 118 was renumbered from Ch. Jus 2, Register, June, 1999, No. 522, eff. 7-1-99.
subch. I of ch. ATCP 118 Subchapter I — Notice of Renter Liability
ATCP 118.01 ATCP 118.01Scope and applicability of chapter.
ATCP 118.01(1)(1)Purpose. This subchapter is promulgated pursuant to s. 344.576 (3) (c), Stats., to specify the notice that rental companies that offer and sell damage waivers are required to provide to renters.
ATCP 118.01(2) (2)Definitions. In this subchapter:
ATCP 118.01(2)(a) (a) “Accident" has the meaning specified in s. 344.57 (1), Stats.
ATCP 118.01(2)(b) (b) “Authorized driver" has the meaning specified in s. 344.57 (2), Stats.
ATCP 118.01(2)(c) (c) “Damage waiver" has the meaning specified in s. 344.57 (3), Stats.
ATCP 118.01(2)(d) (d) “Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 118.01(2)(e) (e) “Private passenger vehicle" has the meaning specified in s. 344.57 (4), Stats.
ATCP 118.01(2)(f) (f) “Rental agreement" has the meaning specified in s. 344.57 (5), Stats.
ATCP 118.01(2)(g) (g) “Rental company" has the meaning specified in s. 344.57 (6), Stats.
ATCP 118.01(2)(h) (h) “Renter" has the meaning specified in s. 344.57 (7), Stats.
ATCP 118.01(3) (3)Applicability. This subchapter applies to any rental company that offers a damage waiver relating to a rental agreement for private passenger vehicles rented from locations in this state for a period of 30 consecutive days or less. This subchapter does not apply to a rental agreement under which a person rents from a motor vehicle dealer licensed under subch. I of ch. 218, Stats., if the vehicle is rented only for use while the vehicle owned or leased by the person or which the person has agreed to purchase is being serviced, repaired, manufactured, or delivered.
ATCP 118.01 History History: Cr. Register, September, 1991, No. 429, eff. 10-1-91; am. (2) (d), Register, June, 1999, No. 522, eff. 7-1-99; correction in (3) made under s. 13.93 (2m) (b) 7., Stats; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; CR 08-075: am. (1), (2) (intro.) and (3) Register April 2009 No. 640, eff. 5-1-09.
ATCP 118.02 ATCP 118.02Notice requirements. Rental companies that offer and sell damage waivers shall notify prospective renters about liability for damage to a private passenger vehicle as follows:
ATCP 118.02(1) (1) Rental companies shall conspicuously display in the place where renters customarily sign rental agreements a notice which states in not less than 16-point type bold face and appears in the format as follows:
WHAT IF YOU DAMAGE A RENTAL CAR?
We Must Provide You With
An Important Notice About Your
Liability For Damage To A Rental Car
ATCP 118.02(2) (2) Rental companies that offer or sell a damage waiver shall provide each renter a written notice having the following form and content. The rental company shall provide the notice to the renter as part of the rental agreement, or as a separate document without other text or markings, before the renter enters into a rental agreement. If a separate document is used, the rental company shall give each renter one complete copy of the notice signed by that renter and shall retain one complete signed copy with the company's copy of the rental agreement for a period of six years. The rental company may retain its copy in photographic or electronic form. A rental company that retains its copy in photographic or electronic form shall print that copy for the department upon request. The notice shall:
ATCP 118.02(2)(a) (a) Be printed with text in 11-point type, except that title and headings shall be capitalized and in 13-point type bold face. If a separate document is used, it shall be printed on paper 8 1/2 by 11 inches in size.
ATCP 118.02(2)(b) (b) Contain the following information in the following format.
NOTICE ABOUT LIABILITY FOR DAMAGE TO THE RENTAL CAR
The State of Wisconsin requires us to provide the following information about your liability for damage to a rental car and the purchase of a damage waiver.
LIABILITY FOR DAMAGE TO THE RENTAL CAR
The rental agreement makes you and any authorized driver liable for any damage to the rental car caused by an accident, or by intentional, reckless or wanton misconduct, or by theft that you may have intentionally caused. Total liability for any damage is limited to:
1)   reasonable repair costs, less discounts available to us, or the fair market value of the car, whichever is less, and
2)   actual and reasonable towing costs, and for storage costs during the period before you notify the rental company of the damage to the vehicle or for 14 days after the damage occurs, whichever period is shorter.
LIABILITY FOR DAMAGE AFTER THE RENTAL CAR HAS BEEN STOLEN
If a person who drives the rental car without your authorization causes damage to the car, you may be liable for the damage as though you or an authorized person was driving the car unless you do all of the following:
1)   Refrain from leaving the ignition key in the car when you are not in the car.
2)   Always keep the ignition key in your possession.
3)   Immediately report to the local police if you learn the car has been stolen, or that an unauthorized person is driving the car.
4)   Cooperate fully with the local police by providing any information you know that may be helpful.
INSURANCE OR CREDIT CARD COVERAGE
Liability for any damage may be covered by your personal insurance policy or credit card agreement. Check your insurance policy or credit card agreement about coverage.
DAMAGE WAIVER COVERAGE
A damage waiver is not insurance coverage. If you purchase a damage waiver for per day, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy a damage waiver, you and any authorized driver will remain liable for damage if any of the following apply: - See PDF for table PDF
NOTICE OF RIGHT TO INSPECT DAMAGE
If the car is damaged, we may not collect any amount for the damage unless you, or an authorized driver against whom we claim liability, have been promptly notified of your and your insurers' right to inspect the unrepaired car within two working days after we were notified of the damage. If you request, we must also give you a copy of any estimate we have obtained from a repair shop regarding any damage claim. Within 2 working days after receiving that estimate, you may request a second estimate from a competing repair shop and we must give you a copy of the second estimate.
COMPLAINTS
If you have any complaints about our attempt to hold you liable for damages or would like a copy of the state law that fully sets forth your rights and obligations, contact:
Wisconsin Consumer Protection Bureau
P.O. Box 8911, Madison, WI 53708-8911
608-224-4960 (Madison area) or toll-free 1-800-422-7128
Date: Renter's Signature
ATCP 118.02 History History: Cr. Register, September, 1991, No. 429, eff. 10-1-91; am. (2) (b), Register, June, 1999, No. 522, eff. 7-1-99; CR 01-028: am. (2) (b) Register September 2001 No. 549, eff. 10-1-01; CR 04-005: am. (2) Register October 2004 No. 586, eff. 11-1-04; CR 06-028: am. (2) Register November 2006 No. 611, eff. 12-1-06.
ATCP 118.03 ATCP 118.03Modification of notice. In the event a rental agreement is otherwise in full compliance with the provisions of ss. 344.57 to 344.579, Stats., and that agreement contractually limits or eliminates the liability of a renter or authorized driver for one or more of the acts or circumstances itemized in s. 344.576 (2) (a) to (j), Stats., a rental company may modify the required notice provided in connection with that agreement. The modification may be made only to items listed under the “Damage Waiver Coverage" portion of the notice and shall be at least as favorable to the renter as required under the notice specified in s. ATCP 118.02. Any modification made under this section shall differ from the required notice only to the extent necessary to delete items of liability not exempted from coverage under a damage waiver purchased in connection with the rental agreement or to explain a contractually granted limitation on any item.
ATCP 118.03 History History: Cr. Register, September, 1991, No. 429, eff. 10-1-91; am. Register, June, 1999, No. 522, eff. 7-1-99.
ATCP 118.04 ATCP 118.04Violations. Any person who violates a provision of this subchapter is subject to the penalties provided in s. 344.579, Stats.
ATCP 118.04 History History: Cr. Register, September, 1991, No. 429, eff. 10-1-91; CR 08-075: am. Register April 2009 No. 640, eff. 5-1-09.
subch. II of ch. ATCP 118 Subchapter II — Notice of Charges Related to Nonmoving Traffic Violations
ATCP 118.10 ATCP 118.10Definitions. In this subchapter:
ATCP 118.10(1) (1) “Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 118.10(2) (2) “Forfeiture" has the meaning given in s. 345.28 (1) (b), Stats.
ATCP 118.10(3) (3) “Nonmoving traffic violation" has the meaning given in s. 345.28 (1) (c), Stats.
ATCP 118.10(4) (4) “Rental agreement" has the meaning given in s. 344.57 (5), Stats.
ATCP 118.10(5) (5) “Rental company" has the meaning given in s. 344.57 (6), Stats.
ATCP 118.10(6) (6) “Renter" has the meaning given in s. 344.57 (7), Stats.
ATCP 118.10 History History: CR 08-075: cr. Register April 2009 No. 640, eff. 5-1-09.
ATCP 118.12 ATCP 118.12Notice of charges related to nonmoving traffic violations.
ATCP 118.12(1) (1) A rental company shall give notice to prospective renters according to this section if the rental company may charge a renter's credit card for forfeitures, costs, towing or storage charges incurred but not paid by the renter related to nonmoving traffic violations involving a private passenger vehicle rented from the rental company.
ATCP 118.12(2) (2) A rental company that is required to give notice under sub. (1) shall do all of the following:
ATCP 118.12(2)(a) (a) Include the following verbatim notice, in 16-point bold-face type in the following format, immediately adjacent to the renter signature line in the rental agreement:
“WHAT IF YOU FAIL TO PAY A PARKING TICKET?
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.