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.
Trans 154.08(2) (2)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 consignor liable for damages to the dealer consignee.
Trans 154.08(3) (3)Consignor's signature and printed name required. The disclosure statement shall be signed by the consignor and include the consignor'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 154.08(4) (4)Dealer consignee's signature and printed name required. The disclosure statement shall be signed by the dealer consignee 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 154.08(5) (5)Showing consignor's odometer disclosure to prospective purchaser. Prior to the sale of a motor vehicle, the dealer consignee shall show each prospective retail purchaser the odometer disclosure statement which was completed by the consignor.
Trans 154.08(6) (6)Consignor's and dealer consignee's responsibility upon sale of the consigned motor vehicle. Upon sale of a consigned motor vehicle, the consignor shall complete the odometer disclosure statement and the assignment of ownership to the dealer consignee on the conforming certificate of title for the vehicle. If a consigned motor vehicle is titled with a nonconforming title, the consignor shall complete the assignment of ownership to the dealer consignee on the certificate of title and the vehicle's odometer disclosure statement on a separate conforming odometer disclosure statement. The dealer consignee shall complete the dealer reassignment, including the odometer disclosure statement, to the purchaser and shall, as required in s. 342.16 (1) (a), Stats., submit the purchaser's application for certificate of title to the department. If the purchaser is not a resident of this state, or is not required to register the motor vehicle in this state, the dealer consignee shall, in lieu of submitting the purchaser's application for title to the department, deliver the documents to the purchaser.
Trans 154.08 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.
Trans 154.09 Trans 154.09Odometer disclosure for repaired or replaced odometers.
Trans 154.09(1) (1)Requirements and disclosure when odometer repaired or replaced. An odometer may be serviced, repaired or replaced, provided the vehicle's mileage indicated thereon remains the same as before the service, repair or replacement. The transferor may disclose that the odometer reading reflects the actual mileage at the time of sale. If the odometer is incapable of registering the same mileage as before the service, repair or replacement, the odometer shall be adjusted to zero. A written notice shall be attached, by the owner or an agent, to the left door frame of the motor vehicle, or other location prescribed by the department. The notice shall specify the vehicle's mileage prior to the service, repair or replacement of the odometer and the date on which it was serviced, repaired or replaced. No person may remove the notice. The transferor shall disclose that the odometer reading does not reflect the actual mileage.
Trans 154.09(2) (2)Replacement of odometer which registers kilometers with odometer which registers miles. If the vehicle being transferred was originally equipped with an odometer which registered the distance traveled in kilometers and the odometer is replaced with one that registers the distance traveled in miles, the transferor may disclose that the odometer reading reflects the actual mileage, providing that the replacement odometer was calibrated to reflect the equivalent accumulated miles as was reflected in kilometers on the odometer being replaced. The equivalency in miles shall be determined by multiplying the odometer reading in kilometers by .62. If, under these circumstances, the odometer is not calibrated as described in this subsection, the vehicle's mileage shall be disclosed as not being the actual mileage.
Trans 154.09(3) (3)Odometer disclosure of vehicle operated with malfunctioning or inoperative odometer. If a motor vehicle continues to be operated between the time its odometer malfunctions and the time the odometer is repaired or replaced, the transferor may disclose that the odometer reading reflects the actual mileage only if all of the following conditions are satisfied:
Trans 154.09(3)(a) (a) The malfunctioning odometer is repaired or replaced within 30 days after the date the odometer began to malfunction.
Trans 154.09(3)(b) (b) A good faith estimate can be made of the miles traveled by the motor vehicle between the time the odometer malfunctioned and the time the odometer was repaired or replaced.
Trans 154.09(3)(c) (c) The repaired or replaced odometer is calibrated to reflect the vehicle's mileage reading which was on the odometer at the time it malfunctioned, plus the number of miles which the motor vehicle was operated between the time of the odometer's malfunctioning and the time of its repair or replacement. If, under these circumstances, the odometer is not calibrated as described in this paragraph, the odometer reading shall be disclosed by the transferor as not being the actual mileage.
Trans 154.09 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.
Trans 154.10 Trans 154.10Odometer disclosure for transfers of ownership by involuntary divestiture by transferee. When ownership of a motor vehicle is transferred by an involuntary divestiture, the odometer disclosure statement may be completed by the owner or legally-designated representative of the owner who has knowledge of the vehicle's mileage of the vehicle at the time of transfer. If the owner, or representative of the owner, does not complete the odometer disclosure statement, it shall be completed by the person who assumes ownership by involuntary divestiture. The odometer reading which is disclosed on the odometer disclosure statement shall be the reading on the odometer at the time of transfer and, unless the person assuming ownership has reason to believe that the odometer reading is not the actual mileage or the mileage is in excess of the odometer's designed mechanical limits, the mileage may be certified on the odometer disclosure statement as the actual mileage. Otherwise, the mileage must be certified as not actual or in excess of mechanical limits, as appropriate.
Trans 154.10 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96; reprinted to insert omitted text Register January 2012 No. 673.
Trans 154.11 Trans 154.11Requirements and conditions for using conforming power of attorney forms to complete odometer disclosure statements.
Trans 154.11(1) (1)When power of attorney may be used for odometer disclosure. Upon transfer of ownership of a motor vehicle, the transferor may grant the transferee power of attorney for the purpose of completing the required odometer disclosure statement and transfer of ownership only if the transferor's title is physically held by a secured party at the time ownership of the motor vehicle is transferred.
Trans 154.11(2) (2)Specifications for power of attorney form. Any power of attorney form used under the circumstances described in this section shall be subject to the following conditions and requirements:
Trans 154.11(2)(a) (a) The power of attorney form shall be issued by the department only to the transferee and shall be printed by a secure printing process which complies with the requirements of 49 USC 32705 (b) (2) (A).
Trans 154.11(2)(b) (b) The power of attorney form shall include the descriptive language and spaces needed for the disclosure of the information required under this subsection and sub. (3).
Trans 154.11(2)(c) (c) The power of attorney form shall include language appointing the transferee as attorney-in-fact for the purpose of completing the required odometer disclosure statement.
Trans 154.11(2)(d) (d) The power of attorney form shall include language that states that federal and state odometer law requires the person granted power of attorney to state the vehicle's mileage in connection with the transfer of ownership and further states that failure on the part of the person granted power of attorney to complete the statement, providing false information, or failure to submit the original copy of the power of attorney to the department may result in civil forfeitures, fines or imprisonment.
Trans 154.11(2)(e) (e) The power of attorney form shall include language certifying that the transferee who is exercising a power of attorney has disclosed on the certificate of title or any supplemental reassignment documents the vehicle's mileage as it was provided to the person exercising power of attorney on the power of attorney form and, in addition, a statement to the effect that the person exercising the power of attorney has examined the certificate of title and any reassignment documents and that the odometer disclosure statement made on the certificate of title pursuant to the power of attorney is at least as great as that previously stated on the certificate of title and any reassignment documents. The certification shall also include spaces for each of the following:
Trans 154.11(2)(e)1. 1. The signature, printed name and address of the person exercising the power of attorney.
Trans 154.11(2)(e)2. 2. The date of the certification.
Trans 154.11(3) (3)Responsibilities of transferor. In connection with the transfer of ownership of a motor vehicle, a transferor whose certificate of title is physically held by a secured party and who elects to give the transferee power of attorney for the purpose of mileage disclosure and transfer of ownership shall appoint the transferee as the attorney-in-fact for such purpose and disclose the vehicle's mileage on a conforming power of attorney form issued by the department. The written odometer disclosure shall be signed by the transferor, and include the transferor's printed name in the spaces provided on the statement. In addition, the transferor shall complete the following information in the designated spaces provided on the power of attorney form and deliver it to the transferee:
Trans 154.11(3)(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 154.11(3)(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 154.11(3)(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.
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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.