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.
Trans 149.06(6)(b) (b) The applicant's complete address.
Trans 149.06(6)(c) (c) The signature of the applicant if the applicant is present at the inspection site, or the signature of the agent representing the applicant at the inspection site.
Trans 149.06(6)(d) (d) The inspector's name.
Trans 149.06(6)(e) (e) The inspector's badge number, or if the inspector is not a law enforcement officer, the department-assigned inspector identifying number.
Trans 149.06(6)(f) (f) The number of the inspector's employing agency.
Trans 149.06(6)(g) (g) A description of the vehicle being inspected, including the vehicle year, make and model.
Trans 149.06(6)(h) (h) The public vehicle identification number, any secondary vehicle identification numbers inspected, the engine and transmission vehicle identification numbers, if inspected, and the identification numbers of each major part of the vehicle that is inspected or that has been replaced.
Trans 149.06 Note Note: This does not require the inspector to reveal the location of a secondary vehicle identification number.
Trans 149.06(6)(i) (i) An indication that the inspector has checked available stolen auto and auto parts databases for the vehicle and major parts being inspected and concluded that neither the parts nor the vehicle are stolen.
Trans 149.06(6)(j) (j) The date of the inspection.
Trans 149.06(6)(k) (k) A statement as to whether the vehicle passed inspection and, if the vehicle did not pass inspection, a short statement of each reason the vehicle did not pass inspection.
Trans 149.06 Note Note: The forms identified in this section are MV 4060, Certificate of Inspection, MV-1, Application for Title/Registration; Certificate of Inspection; 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 149.06 History History: Cr. Register, December, 1994, No. 468, eff. 1-1-95; am. (4) (a), Register, February, 1996, No. 482, eff. 3-1-96.
Trans 149.07 Trans 149.07Application procedure following inspection.
Trans 149.07(1)(1)Vehicles passing inspection.
Trans 149.07(1)(a)(a) Submission of application materials. The inspector shall promptly submit the following to the department following an inspection:
Trans 149.07(1)(a)1. 1. The applicant's application for certificate of title or registration.
Trans 149.07(1)(a)2. 2. The applicant's current salvage certificate of title. This subdivision does not apply to homemade or reconstructed vehicles.
Trans 149.07(1)(a)3. 3. The salvage affidavit of major parts of the vehicle.
Trans 149.07(1)(a)4. 4. The original bill of sale received by the applicant for each major part of the vehicle that has been changed.
Trans 149.07(1)(a)5. 5. The written certification appointing any agent who appeared on behalf of the applicant submitted under s. Trans 149.05 (3) (b).
Trans 149.07(1)(a)6. 6. The completed certificate of inspection.
Trans 149.07(1)(a)7. 7. The inspection fee and any fees for registering and issuance of a title certificate for the vehicle in accordance with the application.
Trans 149.07 Note Note: The forms identified in this section are MV-1, Application for Title/Registration; MV-4060, Certificate of Inspection; 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 149.07(1)(b) (b) Overpayment or underpayment of fees. The department shall refund to the applicant any excess fees received. In the case of insufficient payment being received, the department shall advise the applicant of the shortfall and may not issue a title or register the vehicle until full payment is received.
Trans 149.07(1)(c) (c) Records retained by inspector. The inspector shall retain the photos of the vehicle and one copy of the certificate of inspection for 3 years following the inspection.
Trans 149.07(2) (2)Vehicles failing inspection.
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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.