Trans 154.03 Trans 154.03Assigning and reassigning ownership.
Trans 154.03(1)(1)Responsibilities of owner or agent of owner. When transferring ownership of a previously titled motor vehicle, the owner named on the certificate of title or the agent of the owner shall complete the assignment of ownership and odometer disclosure in the following manner:
Trans 154.03(1)(a) (a) Assignment of ownership and odometer disclosure when using a nonconforming title. If the motor vehicle being transferred is titled with a nonconforming title, the assignment of ownership shall be made in the designated spaces on the certificate of title. The odometer disclosure statement shall be made on a separate conforming odometer disclosure statement which has been issued or approved by the department.
Trans 154.03(1)(b) (b) Assignment of ownership and odometer disclosure when using a conforming title. If the motor vehicle being transferred is titled with a conforming title, the assignment of ownership and odometer disclosure shall be made in the designated spaces on the certificate of title.
Trans 154.03(2) (2)Responsibilities of dealer when reassigning ownership of a motor vehicle which has not been previously titled or registered. When reassigning ownership of a motor vehicle which has not been previously titled or registered, a dealer shall complete the reassignment of ownership and odometer disclosure in the following manner:
Trans 154.03(2)(a) (a) Reassignments by Wisconsin dealer on a manufacturer's document of origin. To reassign ownership, a dealer shall complete the reassignment of ownership and odometer disclosure in the designated spaces on the manufacturer's document of origin.
Trans 154.03(2)(a)1. 1. If the document of origin does not contain an odometer disclosure statement which includes a certification stating the mileage at the time of transfer, the name and address of the transferring dealer, the name and address of the purchasing dealer, the date of transfer, and that the odometer reading is actual, the odometer disclosure statement shall be completed on a separate conforming odometer disclosure statement which has been issued or approved by the department. The reassignment of ownership shall be completed on the manufacturer's document of origin.
Trans 154.03(2)(a)2. 2. If the manufacturer's document of origin does not include available spaces for the reassignment of ownership, both the reassignment and odometer disclosure shall be completed on a conforming supplemental reassignment and odometer disclosure statement which has been issued or approved by the department.
Trans 154.03(2)(b) (b) Reassignment by out-of-state dealer on a manufacturer's document of origin. If the reassigning dealer is licensed in another jurisdiction, the reassignment of ownership and the required odometer disclosure shall be completed as required in sub. (1) or, if the laws of the jurisdiction in which the reassigning dealer is licensed do not require reassigning dealers to provide dealer assignees with an odometer disclosure statement for the vehicles, a Wisconsin dealer assignee is not responsible for obtaining an odometer disclosure statement from the reassigning dealer.
Trans 154.03(2)(c) (c) Reassignment and odometer disclosure by Wisconsin dealer on conforming application for title and registration form. Notwithstanding the requirements of par. (a), if the motor vehicle is reassigned by a Wisconsin dealer to a person who is required to apply for a Wisconsin title, the required reassignment of ownership and odometer disclosure may be made on a conforming application for title and registration form or a conforming supplemental reassignment and odometer disclosure statement which has been issued or approved by the department.
Trans 154.03(3) (3)Responsibilities of dealer or wholesaler when reassigning ownership and disclosing odometer reading of a previously titled motor vehicle. When reassigning ownership of a previously titled motor vehicle, the reassignment and odometer disclosure shall be completed in the following manner:
Trans 154.03(3)(a) (a) Reassignment by dealer or wholesaler when using a conforming Wisconsin title.
Trans 154.03(3)(a)1.1. If the transferor is a dealer or wholesaler licensed in Wisconsin or in another state and the vehicle is titled with a conforming Wisconsin title, the reassignment of ownership and odometer disclosure shall be made in the designated spaces on the certificate of title.
Trans 154.03(3)(a)2. 2. If the reassignment is made by a Wisconsin dealer to a person who is required to make an application for a Wisconsin certificate of title, the reassignment of ownership and odometer disclosure may be made on a conforming application for title and registration form which has been issued or approved by the department.
Trans 154.03(3)(a)3. 3. If the transferor is a dealer licensed in another state and the laws or regulations of the state so permit, the reassignment and odometer disclosure may be made on a conforming supplemental reassignment and odometer disclosure statement issued by the state.
Trans 154.03(3)(b) (b) Reassignment of ownership by Wisconsin dealer or wholesaler when using a conforming title issued by another jurisdiction. If the transferor is a Wisconsin dealer or wholesaler and the vehicle is titled with a conforming title issued by another jurisdiction, the reassignment and odometer disclosure shall be made in the designated spaces on the certificate of title.
Trans 154.03(3)(b)1. 1. If no available spaces exist on the certificate of title for the reassignment and odometer disclosure, the dealer or wholesaler shall make application for a certificate of title which names the dealer or wholesaler as owner.
Trans 154.03(3)(b)2. 2. If no available spaces exist on the certificate of title for reassignment and odometer disclosure and the dealer reassigns ownership to a retail purchaser who is required to apply for a Wisconsin title, the reassigning dealer may complete the reassignment of ownership and odometer disclosure on a conforming application for title and registration which has been issued or approved by the department.
Trans 154.03(3)(c) (c) Reassignment by a dealer or wholesaler licensed in another state when using a conforming title issued by another jurisdiction.
Trans 154.03(3)(c)1.1. If the transferor is a dealer or wholesaler licensed in another state and the vehicle is titled with a conforming title issued by another jurisdiction, the reassignment of ownership and odometer disclosure shall be completed in the designated spaces on the certificate of title.
Trans 154.03(3)(c)2. 2. If the laws of the jurisdiction which issued the conforming title or the laws of the jurisdiction in which the reassigning dealer or wholesaler is licensed so permit, the reassignment and odometer disclosure may be completed on a conforming reassignment and odometer disclosure statement which was issued or approved by the jurisdiction.
Trans 154.03(3)(d) (d) Reassignment by dealer or wholesaler when using a nonconforming title.
Trans 154.03(3)(d)1.1. If the transferor of a motor vehicle is a dealer or wholesaler licensed in Wisconsin or another state and the motor vehicle is titled with a nonconforming certificate of title which includes a conforming odometer disclosure statement and spaces for the reassignment of ownership by a dealer, the reassignment of ownership and odometer disclosure shall be completed on the certificate of title.
Trans 154.03(3)(d)2. 2. If the nonconforming title does not include a conforming odometer disclosure statement, the reassignment of ownership may be completed in the designated spaces on the certificate of title, if available, and the odometer disclosure statement shall be completed on a separate conforming odometer disclosure statement.
Trans 154.03(3)(d)3. 3. If the nonconforming title does not include available spaces for the reassignment of ownership, the reassignment of ownership and odometer disclosure shall be completed on a conforming statement which has been issued or approved by the department.
Trans 154.03(3)(d)4. 4. If the reassignment of ownership is made by a Wisconsin dealer to a person who is required to make application for a Wisconsin title, the reassignment and odometer disclosure may be made on a conforming application for title and registration which has been issued or approved by the department.
Trans 154.03(3)(d)5. 5. Notwithstanding the requirements of this section, if the reassignment is made by a dealer licensed in another state and the laws of the state so permit, the reassignment and odometer disclosure may be made on a conforming statement which has been issued or approved by the state.
Trans 154.03 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 02-029: am. (2) (a) 1., Register July 2002 No. 559, eff. 8-1-02.
Trans 154.04 Trans 154.04Odometer disclosure for transferors and transferees.
Trans 154.04(1)(1)Transferor to disclose mileage to transferee. When transferring ownership of a motor vehicle, each transferor shall disclose the vehicle's mileage to the transferee in writing in the designated spaces on a conforming title, on a separate conforming odometer disclosure statement which has been issued or approved by the department as prescribed in s. Trans 154.03, or on the conforming power of attorney form as prescribed in s. Trans 154.11. The completed odometer disclosure shall be delivered by the transferor to the transferee at the time ownership of the motor vehicle is transferred.
Trans 154.04(2) (2)Required odometer disclosure information. The written odometer disclosure shall include all of the following:
Trans 154.04(2)(a) (a) The odometer reading at the time of transfer, not including tenths of miles. The transferor shall certify the odometer reading as one of the following:
Trans 154.04(2)(a)1. 1. If, to the best of the transferor's knowledge, the odometer reading reflects the actual mileage, the transferor shall include a certification to that effect.
Trans 154.04(2)(a)2. 2. If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, the transferor shall include a certification to that effect.
Trans 154.04(2)(a)3. 3. If the transferor knows that the odometer reading differs from the vehicle's mileage and that the difference is greater than that caused by odometer calibration error, the transferor shall include a certification that the odometer reading is not actual mileage. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.
Trans 154.04(2)(a)4. 4. If, due to an accident, fire or other random occurrence, the odometer reading of the motor vehicle being transferred cannot be read, the transferor shall indicate in the spaces designated for the odometer reading on a conforming odometer statement a reading of 0 (zero) or a recent reading that can be documented, such as on an odometer statement, emission inspection report or repair invoice, and shall certify that the odometer reading is not actual mileage. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.
Trans 154.04(2)(b) (b) The date of the transfer.
Trans 154.04(2)(c) (c) The transferor's name and current address.
Trans 154.04(2)(d) (d) The transferee's name and current address.
Trans 154.04(2)(e) (e) The description of the vehicle, including its make, model, year, body type and its vehicle identification number.
Trans 154.04(3) (3)Reference to federal and state requirements and penalties. The disclosure statement shall state that the disclosure is required by federal and state law and that failure to complete the disclosure statement or providing false information may result in fines or imprisonment, or both, and may make the transferor liable for damages to the transferee.
Trans 154.04(4) (4)Transferor's signature and printed name required. The disclosure statement shall be signed by the transferor and include the transferor's printed name. If the person signing the statement is signing as an authorized agent or employe of any firm or corporation, the printed name of the firm or corporation and the printed name of the person signing shall be included.
Trans 154.04(5) (5)Transferee's signature and printed name required. The disclosure statement shall be signed by the transferee and include the transferee's printed name. If the person signing the statement is signing as an authorized agent or employe of any firm or corporation, the printed name of the firm or corporation and the printed name of the person signing shall be included.
Trans 154.04(6) (6)Prohibition against same person signing as transferor and transferee. Except as provided in ss. Trans 154.10 and 154.11, no person may sign an odometer disclosure statement as both the transferor and transferee in the same transaction.
Trans 154.04 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.
Trans 154.05 Trans 154.05Exemptions from odometer disclosure requirements. The transferor of any of the following motor vehicles is not required to disclose the vehicle's odometer mileage:
Trans 154.05(1) (1) A vehicle that is not self-propelled.
Trans 154.05(2) (2) A moped.
Trans 154.05(3) (3) A vehicle that is 10 years old or older.
Trans 154.05 Note Note: For purposes of sub. (3), “years old" refers to model years as designated by the manufacturer. Use the following formula to determine if the vehicle is 10 or more model years old: Current calendar year minus 10 equals the most recent exempt model year. For example: Current calendar year of 1995 - 10 = 1985 model year; thus, 1985 and older vehicles are exempt.
Trans 154.05(4) (4) A vehicle with a gross vehicle weight rating of more than 16,000 pounds. This means a motor vehicle which is or has in the past been registered in Wisconsin or any other state at a gross weight exceeding 16,000 pounds.
Trans 154.05(5) (5) A vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications.
Trans 154.05(6) (6) A new motor vehicle acquired by a dealer directly from a manufacturer.
Trans 154.05(7) (7) A new motor vehicle acquired by a Wisconsin dealer from a dealer licensed in another state which does not require dealers licensed in that state to disclose odometer mileage when reassigning ownership of a new motor vehicle to another dealer.
Trans 154.05 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.
Trans 154.06 Trans 154.06Odometer disclosure for auction dealers and salvage pools.
Trans 154.06(1) (1) When a motor vehicle, including a salvage vehicle, is sold through an auction dealer or salvage pool, the transferor and transferee shall comply with the requirements relating to assignment or reassignment of ownership and odometer disclosure as specified in s. Trans 154.03.
Trans 154.06(2) (2) The auction dealer or salvage pool through which a motor vehicle is sold shall print its business name, auction or wholesaler license number as assigned by the department and the date the motor vehicle was sold in the designated spaces on the certificate of title or conforming supplemental reassignment statement. If the certificate of title or the document used to assign or reassign ownership of the motor vehicle does not include spaces designated for the auction or salvage pool notation, the auction dealer or salvage pool shall, in a manner so as not to obscure or obliterate information already included thereon, clearly and conspicuously print or stamp its business name, license number and date of sale in the left margin of the certificate of title or document in a location immediately adjacent to the assignment or reassignment of ownership which was completed by the transferor. If the left margin does not include sufficient space for the printing or stamp, the required information shall be printed or stamped in a clear space on the face of the certificate of title.
Trans 154.06 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.
Trans 154.07 Trans 154.07Odometer disclosure for leased motor vehicles.
Trans 154.07(1)(1)Lessor's notice to lessee. Prior to transferring ownership of any motor vehicle, the lessor of a leased motor vehicle shall notify the lessee in writing that the lessee is required to provide a written odometer disclosure to the lessor. This notice shall state that the disclosure is required by federal and state law and that failure to complete the disclosure statement or providing false information may result in fines or imprisonment, or both, and may make the lessee liable for damages to the lessor.
Trans 154.07(2) (2)Requirements relating to lessee's odometer disclosure to lessor. In connection with the transfer of ownership of a leased motor vehicle, the lessee shall furnish to the lessor a written statement regarding the mileage of the vehicle. This statement shall be signed by the lessee and, in addition to the information required by sub. (1), shall contain all of the following information:
Trans 154.07(2)(a) (a) The printed name of the person making the disclosure.
Trans 154.07(2)(b) (b) The current odometer reading, not including tenths of miles. The lessee shall certify the odometer reading as one of the following:
Trans 154.07(2)(b)1. 1. If, to the best of the lessee's knowledge, the odometer reading reflects the actual mileage, the lessee shall include a certification to that effect.
Trans 154.07(2)(b)2. 2. If the lessee knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, the lessee shall include a certification to that effect.
Trans 154.07(2)(b)3. 3. If the lessee knows that the odometer reading differs from the vehicle's mileage and that the difference is greater than that caused by odometer calibration error, the lessee shall include a certification that the odometer reading is not actual mileage. This statement shall alert the lessor that a discrepancy exists between the odometer reading and the actual mileage.
Trans 154.07(2)(b)4. 4. If, due to an accident, fire or other random occurrence, the odometer reading of the motor vehicle being transferred cannot be read, the lessee shall indicate in the spaces designated for the odometer reading on a conforming odometer statement a reading of 0 (zero) or a recent reading that can be documented, such as on an odometer statement, emission inspection report or repair invoice, and shall certify that the odometer reading is not actual mileage. This statement shall alert the lessor that a discrepancy exists between the odometer reading and the actual mileage.
Trans 154.07(2)(c) (c) The date of the statement.
Trans 154.07(2)(d) (d) The lessee's name and current address.
Trans 154.07(2)(e) (e) The lessor's name and current address.
Trans 154.07(2)(f) (f) The identity of the vehicle, including its make, model, year, body type and vehicle identification number.
Trans 154.07(2)(g) (g) The date that the lessor notified the lessee of the disclosure requirements.
Trans 154.07(2)(h) (h) The date that the completed disclosure statement was received by the lessor.
Trans 154.07(2)(i) (i) If the lessor transfers the leased vehicle without obtaining possession of it, the lessor may indicate on the certificate of title the vehicle's mileage disclosed by the lessee under this section, unless the lessor has reason to believe that the disclosure by the lessee does not reflect the actual mileage of the vehicle.
Trans 154.07(2)(j) (j) The lessee's signature.
Trans 154.07 Note Note: Transfer of ownership to lessee or some other person occurs after the termination of the lease.
Trans 154.07 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.
Trans 154.08 Trans 154.08Odometer disclosure for consignment sales.
Trans 154.08(1)(1)Required odometer disclosure from consignor to dealer consignee. When a motor vehicle is offered for sale under a consignment agreement, as specified under s. Trans 138.04 (1) (b), the consignor shall complete and deliver to the dealer consignee a separate conforming odometer disclosure statement which has been issued or approved by the department. The written odometer disclosure shall include all of the following:
Trans 154.08(1)(a) (a) The odometer reading at the time the consignment agreement is completed, not including tenths of miles. The consignor shall certify the odometer reading as one of the following:
Trans 154.08(1)(a)1. 1. If, to the best of the consignor's knowledge, the odometer reading reflects the actual mileage, the consignor shall include a certification to that effect.
Trans 154.08(1)(a)2. 2. If the consignor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, the consignor shall include a certification to that effect.
Trans 154.08(1)(a)3. 3. If the consignor knows that the odometer reading differs from the vehicle's mileage and that the difference is greater than that caused by odometer calibration error, the consignor shall include a certification that the odometer reading is not actual mileage. This statement shall alert the dealer consignee that a discrepancy exists between the odometer reading and the actual mileage.
Trans 154.08(1)(a)4. 4. If, due to an accident, fire or other random occurrence, the odometer reading of the motor vehicle being transferred cannot be read, the consignor shall indicate in the spaces designated for the odometer reading on a conforming odometer statement a reading of 0 (zero) or a recent reading that can be documented, such as on an odometer statement, emission inspection report or repair invoice, and shall certify that the odometer reading is not actual mileage. This statement shall alert the dealer consignee that a discrepancy exists between the odometer reading and the actual mileage.
Trans 154.08(1)(b) (b) The date the consignment agreement is completed.
Trans 154.08(1)(c) (c) The consignor's name and current address.
Trans 154.08(1)(d) (d) The dealer consignee's name and current address.
Trans 154.08(1)(e) (e) The description of the vehicle, including make, model, year, body type and vehicle identification number.
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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.