Trans 149.03 History History: Cr. Register, December, 1994, No. 468, eff. 1-1-95; am. (4) (a) 2., Register, February, 1996, No. 482, eff. 3-1-96.
Trans 149.04 Trans 149.04Department certification of inspectors.
Trans 149.04(1)(1)Number and distribution of inspectors. The department shall periodically determine the number and distribution of certified inspectors necessary to meet the needs of the state and may restrict attendance at inspector training courses in order to achieve the desired number or distribution.
Trans 149.04(2) (2)Department may rescind inspector certification. The department may at any time rescind the certification of an inspector to perform inspections under this chapter for the reasons specified in sub. (3).
Trans 149.04(3) (3)Grounds for recision. The department may rescind an inspector's certification to conduct inspections under this chapter under any of the following circumstances:
Trans 149.04(3)(a) (a) The inspector's employing agency requests the inspector's certification be rescinded.
Trans 149.04(3)(b) (b) The inspector passes a vehicle for inspection that contains stolen parts or parts of a stolen vehicle, or that does not meet the equipment safety requirements of ch. Trans 305 or ch. 347, Stats.
Trans 149.04(3)(c) (c) The inspector acquires an interest in or is employed by a salvage yard, auto body shop, motor vehicle dealership, or other entity involved in the rebuilding of motor vehicles.
Trans 149.04(3)(d) (d) The inspector fails to comply with any provision of this chapter or any rule or regulation of the department.
Trans 149.04(3)(e) (e) The inspector engages in any conduct which calls into question his or her fitness for duty as an inspector.
Trans 149.04(3)(f) (f) The inspector fails to meet the certification requirements of s. Trans 149.03 (2).
Trans 149.04(4) (4)On-site examinations. The department may examine inspectors by requesting inspection of a motor vehicle and judging the inspector's performance.
Trans 149.04(5) (5)Inspector identification card.
Trans 149.04(5)(a)(a) The department shall issue an identification card to a certified inspector.
Trans 149.04(5)(b) (b) The card shall display at least the following information:
Trans 149.04(5)(b)1. 1. The full name of the inspector.
Trans 149.04(5)(b)2. 2. If the inspector is a law enforcement officer, the officer's badge number.
Trans 149.04(5)(b)3. 3. The number of the agency employing the inspector, as assigned by the department.
Trans 149.04(5)(b)4. 4. The date on which the inspector's certification to perform inspections expires.
Trans 149.04(5)(b)5. 5. A space for the inspector's signature.
Trans 149.04(5)(c) (c) An inspector identification card is not valid until the inspector signs the card in the space provided.
Trans 149.04(5)(d) (d) An inspector shall retain the identification card and any evidence of extended certification issued under s. Trans 149.03 (3) in his or her immediate possession when performing inspections and shall display the card and evidence of extended certification to the applicant or agent of the applicant upon request.
Trans 149.04(5)(e) (e) An inspector who no longer performs inspections, or whose authority to perform inspections under this chapter is rescinded by the department, or who leaves the employing agency shown on the identification card shall notify the department and surrender the identification card to the employing agency shown on the identification card.
Trans 149.04(5)(f) (f) The employing agency shall notify the department in writing within 30 days after an inspector surrenders the identification card and shall destroy the card.
Trans 149.04(5)(g) (g) The department may issue a new identification card to an inspector when presented with evidence from his or her employing agency that an inspector has a change of name or badge number, or when an inspector changes employment and the department is advised by the inspector's new employing law enforcement agency that the inspector has changed employing agencies and will continue to perform inspections.
Trans 149.04 History History: Cr. Register, December, 1994, No. 468, eff. 1-1-95; am. (3) (b), Register, February, 1996, No. 482, eff. 3-1-96.
Trans 149.05 Trans 149.05Inspections.
Trans 149.05(1) (1)Complete application required. No vehicle may be inspected or pass inspection unless it meets the requirements of sub. (2) and the applicant for inspection has submitted a complete application meeting the requirements of sub. (5) prior to inspection.
Trans 149.05(2) (2)Vehicle condition. Prior to submitting a vehicle for inspection, a person shall:
Trans 149.05(2)(a) (a) Complete the rebuilding of the vehicle.
Trans 149.05(2)(b) (b) Thoroughly clean the vehicle's exterior, engine and transmission areas.
Trans 149.05(3) (3)Agent may present vehicle for inspection.
Trans 149.05(3)(a)(a) An agent for the applicant may present a vehicle for inspection.
Trans 149.05(3)(b) (b) An agent for an applicant shall submit to the inspector a written certification appointing the agent which will be retained by the inspector as part of the application. This certification and appointment shall include the following:
Trans 149.05(3)(b)1. 1. The date the certification was issued.
Trans 149.05(3)(b)2. 2. A statement expressly appointing the agent, by name, to act as the agent of the applicant for the inspection, as provided in this chapter, of the described vehicle.
Trans 149.05(3)(b)3. 3. A description of the vehicle which the agent is presenting for inspection.
Trans 149.05(3)(b)4. 4. The printed name of the agent.
Trans 149.05(3)(b)5. 5. The signature of the applicant.
Trans 149.05(4) (4)Identification. An applicant or agent shall present identification and any certification under sub. (3) to the inspector before the inspection begins.
Trans 149.05(5) (5)Application materials.
Trans 149.05(5)(a)(a) Before the inspection begins, the applicant or agent shall submit to the inspector all forms, documents and fees necessary for the titling and registration of the vehicle being inspected including:
Trans 149.05(5)(a)1. 1. An application for certificate of title and registration, form MV-1, in the name of the applicant.
Trans 149.05(5)(a)2. 2. The Wisconsin salvage certificate of title evidencing the applicant's ownership of the vehicle, which may be a salvage certificate of title in the name of the applicant, or a Wisconsin salvage certificate of title in the name of another person who has properly assigned the title to the applicant in the space provided on the certificate. This subdivision does not apply to homemade or reconstructed vehicles.
Trans 149.05(5)(a)3. 3. A salvage affidavit of major parts of the vehicle, on the department's form, identifying each major part of the vehicle that has been replaced on the vehicle or stating that no major part of the vehicle has been replaced.
Trans 149.05 Note Note: Form MV2673, Affidavit of Major Parts, may be obtained from DOT Document and Map Sales, 3617 Pierstorff St., P.O. Box 7713, Madison, WI 53704.
Trans 149.05(5)(a)4. 4. The original bill of sale received by the applicant for each major part of the vehicle that has been replaced containing a description of the transaction including:
Trans 149.05(5)(a)4.a. a. The name of the major part.
Trans 149.05(5)(a)4.b. b. The model year, make and identification number of the vehicle from which the major part was obtained.
Trans 149.05(5)(a)4.c. c. The date of the transaction.
Trans 149.05(5)(a)4.d. d. The signature of the person selling or disposing of the major part.
Trans 149.05(5)(a)4.e. e. The name of the customer.
Trans 149.05(5)(a)4.f. f. The amount paid for the major part.
Trans 149.05(5)(a)4.g. g. If the vehicle from which a major part was obtained is not known or determinable by the seller, the bill of sale shall identify the seller and state that the source is unknown.
Trans 149.05(5)(a)5. 5. Four legible pictures of the vehicle taken prior to the commencement of any repair or restoration of the salvage vehicle clearly showing the damage to the vehicle. One picture shall show each side of the vehicle: front, back, driver and passenger sides.
Trans 149.05(5)(a)6. 6. Any agent certification submitted under sub. (3).
Trans 149.05(5)(a)7. 7. A properly-addressed envelope for mailing the application to the department to which sufficient first-class U.S. postage has been affixed. The address to use for mailing the application is: Department of Transportation, P. O. Box 7949, Madison, Wisconsin 53707-7949. If the applicant desires fast service for the application, as prescribed by ch. Trans 196, then the address to use for mailing the application is: Department of Transportation, Fast Service Handling, P.O. Box 7306, Madison, Wisconsin 53707-7306. Any additional fast service fee required under s. Trans 196.04 (1) (a) shall accompany the application.
Trans 149.05 Note Note: It is recommended that the applicant pay all fees by check. Checks should be made payable to “Registration Fee Trust." The forms identified in this section are MV-1, Application for Title/Registration and MV-2673, Repaired Salvage Vehicle Major Parts Statement. The forms may be obtained from the Department of Transportation, Document and Map Sales, 3617 Pierstorff Street, P.O. Box 7713, Madison, WI 53704.
Trans 149.05(5)(b)1.1. A bill of sale issued prior to January 1, 1995 is not required to conform to par. (a) 4.
Trans 149.05(5)(b)2. 2. A copy of the original bill of sale shall be acceptable for purposes of par. (a) 4. if it evidences the sale of more than one major part of a vehicle and one or more major parts identified in the bill of sale were not used in the rebuilding or restoration of the vehicle being inspected. In that event, the original bill of sale shall be retained by the applicant for 5 years following the inspection and shall be made available to the department or any law enforcement officer upon request.
Trans 149.05(5)(b)3. 3. An application is not required to include the pictures described in par. (a) 5. if:
Trans 149.05(5)(b)3.a. a. The vehicle was purchased by the applicant prior to January 1, 1995; or
Trans 149.05(5)(b)3.b. b. Neither the applicant nor the person who rebuilt or restored the vehicle has had a vehicle inspected after January 1, 1995.
Trans 149.05(5)(b)4. 4. A person seeking to use the subd. 3. b. exception shall certify that:
Trans 149.05(5)(b)4.a. a. Neither the applicant nor the person who rebuilt the vehicle has had a vehicle inspected after January 1, 1995.
Trans 149.05(5)(b)4.b. b. No pictures of damage to the vehicle are available from any insurance company that may have insured the vehicle.
Trans 149.05 Note Note: The penalty for making a false statement in a certification that is part of an application for a certificate of title is a fine of up to $5000 or imprisonment for up to 5 years under s. 342.06 (2), Stats., or both. The penalty for false swearing is a fine of up to $10,000 or up to 5 years imprisonment, or both, s. 946.32, Stats.
Trans 149.05(5)(c) (c) The inspector shall promptly submit the application for certificate of title, the certificate of inspection, the major parts statement, the salvage certificate of title, all bills of sale and all fees to the department by delivering or mailing them to the address specified in par. (a) 6.
Trans 149.05 History History: Cr. Register, December, 1994, No. 468, eff. 1-1-95; CR 03-122: am. (5) (a) 2. Register May 2004 No. 581, eff. 6-1-04.
Trans 149.06 Trans 149.06Place and procedure for inspection.
Trans 149.06(1)(1)Inspection sites. The site and times of inspections shall be determined by the law enforcement agency employing the inspector. The agency may require an applicant to provide a site that is equipped with a hoist or pit for conducting an inspection.
Trans 149.06(2) (2)Access to inspection area restricted. Only the certified inspector, a person designated by the department or a person assisting the inspector at the inspector's request may be present in the inspection area during an inspection. Nothing in this subsection shall prohibit a law enforcement agency from conducting inspections at a site, such as a municipal garage, where other law enforcement officers or other employees of the law enforcement agency may be present in the routine course of their duties and outside the immediate area of the inspection. An applicant or agent may not enter the inspection area or view the inspection except to remove parts of the vehicle at the direction of the inspector or, at the inspector's request, to be advised of the reasons a vehicle will not pass inspection.
Trans 149.06(3) (3)Removal of parts. During the inspection, such vehicle parts as the inspector deems necessary shall be removed in order to allow examination of safety equipment or identifying numbers on the vehicle and its major parts. Parts may be removed by the inspector or by the applicant or agent at the inspector's direction. Identifying numbers include, but are not limited to:
Trans 149.06(3)(a) (a) The vehicle identification number.
Trans 149.06(3)(b) (b) The engine number.
Trans 149.06(3)(c) (c) The transmission number.
Trans 149.06(3)(d) (d) The frame number.
Trans 149.06(4) (4)Grounds for failing inspection. The vehicle shall fail the inspection if:
Trans 149.06(4)(a) (a) The vehicle is not in compliance with the equipment provisions of ch. 347, Stats., ch. Trans 305, or federal motor vehicle safety standards established under the national traffic and motor vehicle safety act, 15 USC 1381, et seq., or the regulations promulgated thereunder in 49 CFR part 571. Noncompliance includes, but is not limited to, any device or element of a vehicle required by the above regulations being rendered inoperative or defective, or being removed from the vehicle;
Trans 149.06(4)(b) (b) The vehicle or any part of the vehicle is stolen or if the applicant's ownership of any major part of the vehicle cannot be verified; or
Trans 149.06(4)(c) (c) The vehicle contains any major parts which were not part of the vehicle described in the certificate of title and for which the applicant does not have a bill of sale meeting the requirements of s. Trans 149.05 (5).
Trans 149.06(4)(d) (d) The vehicle or any part of the vehicle contains a vehicle identification number that has been altered, removed or obliterated.
Trans 149.06(5) (5)Duties of inspector.
Trans 149.06(5)(a)(a) Complete inspection. The inspector shall make a complete inspection of the vehicle, even if a reason for failing the vehicle is discovered. The inspector shall provide the applicant with a brief description of each reason the vehicle is not acceptable. Failure of the inspector to note any defect in the vehicle shall not prevent the use of that defect as a reason for failing the vehicle in any subsequent inspection.
Trans 149.06(5)(b) (b) Discovery of stolen vehicle. Notwithstanding par. (a), if the inspector identifies a vehicle or a part of the vehicle as stolen, the inspection need not proceed further.
Trans 149.06(5)(c) (c) Impoundment. If the vehicle or a part of the vehicle is determined to be stolen, or any vehicle identification number has been altered, removed or obliterated, the inspector may seize the vehicle or part of the vehicle in accordance with ss. 968.10 and 968.11 (4), or 342.30 (4) (a), Stats.
Trans 149.06(6) (6)Certificate of inspection. A certificate of inspection shall be completed for each vehicle inspection and shall include all of the following:
Trans 149.06(6)(a) (a) The applicant's full name.
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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.