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.
Trans 154.11(3)(a)3. 3. If the transferor knows that the odometer reading differs from the vehicle's mileage and that difference is greater than that caused by odometer calibration error, the transferor shall include a certification that the odometer reading does not reflect the actual mileage and should not be relied upon. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.
Trans 154.11(3)(b) (b) The date of transfer.
Trans 154.11(3)(c) (c) The transferor's name and current address.
Trans 154.11(3)(d) (d) The transferee's name and current address.
Trans 154.11(3)(e) (e) The identity of the vehicle, including the make, model, year, body type and vehicle identification number.
Trans 154.11(3)(f) (f) The transferee's signature.
Trans 154.11(4) (4)Responsibilities of transferee. The transferee, upon receipt of the power of attorney form from the transferor, shall, in the designated spaces, sign the power of attorney, include the transferee's printed name and return a copy of the power of attorney to the transferor. Upon receipt of the transferor's title from the secured party, the transferee shall complete the transfer of ownership and perform each of the following:
Trans 154.11(4)(a) (a) Complete the space for odometer disclosure on the certificate of title exactly the same as the vehicle's mileage which was disclosed by the transferor on the power of attorney form. If the certificate of title does not include a conforming odometer disclosure statement, the odometer disclosure statement shall be completed on a separate conforming odometer disclosure statement.
Trans 154.11(4)(b) (b) Complete a certification disclosing on the certificate of title the vehicle's mileage as it was provided on the power of attorney form, and that upon examination of the certificate of title and any reassignment documents, 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 reassignment documents. The certification shall be completed in the designated space on the same form as that on which the power of attorney was executed and shall include each of the following:
Trans 154.11(4)(b)1. 1. The signature, printed name and address of the person exercising the power of attorney.
Trans 154.11(4)(b)2. 2. The date of the certification.
Trans 154.11(5) (5)Disposition of completed power of attorney.
Trans 154.11(5)(a)(a) If the transferee is a dealer and is named as the transferor's agent by a conforming power of attorney and the dealer transfers ownership to a retail purchaser who is required to apply for a Wisconsin title, or if the dealer chooses to apply for a Wisconsin title pursuant to s. Trans 154.13 in the dealer's own name, the dealer shall include with the application for title the original copy of the completed conforming power of attorney form.
Trans 154.11(5)(b) (b) If the transferor is a dealer and is named as the transferor's agent by a conforming power of attorney and reassigns ownership in a wholesale transaction to another dealer prior to having obtained a certificate of title naming the transferor as owner, the transferor shall submit the original copy of the completed power of attorney and a photocopy of the front and back of the certificate of title and any supporting documents to the department within 7 business days of the date of the reassignment. The transferor shall furnish the transferee with a copy of the completed conforming power of attorney form along with all other documents which are necessary to complete the transaction.
Trans 154.11(6) (6)Showing power of attorney to prospective purchaser. Prior to the sale of a motor vehicle, a transferor who was granted a power of attorney by the previous owner and who holds title to the motor vehicle in the transferor's own name shall show to a prospective purchaser the copy of the previous owner's certificate of title and power of attorney form. If the transferor continues to hold the previous owner's certificate of title, the transferor shall show the certificate of title to a prospective purchaser, including the odometer disclosure statement which was completed on the certificate of title by the transferor as power of attorney for the previous owner, and the completed power of attorney form.
Trans 154.11(7) (7)Power of attorney void when mileage inconsistent. If the vehicle's mileage indicated by the transferor on the power of attorney is inconsistent with that previously stated on the certificate of title and any reassignment documents, the power of attorney shall be void.
Trans 154.11 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.
Trans 154.12 Trans 154.12Odometer records and retention requirements for dealers, wholesalers, lessors, auctions, salvage pools and salvage dealers.
Trans 154.12(1) (1)Requirements for dealers and wholesalers. Dealers and wholesalers who are required to execute an odometer disclosure statement upon transferring ownership of a motor vehicle shall retain for 5 years a photostat, carbon or other facsimile copy of each odometer disclosure statement which they issue and receive. They shall retain all odometer disclosure statements at their primary place of business in a manner that is appropriate to business requirements and that permits systematic and prompt retrieval, and the records shall be made available for inspection and copying by the department during reasonable business hours.
Trans 154.12(2) (2)Requirements for lessors of motor vehicles. Lessors shall retain for 5 years following the day they transfer ownership of the leased motor vehicle each odometer disclosure statement which they receive from a lessee. They shall retain all odometer disclosure statements at their primary place of business in a manner that is appropriate to business requirements and that permits systematic and prompt retrieval and the records shall be made available for inspection and copying by the department during reasonable business hours.
Trans 154.12(3) (3)Odometer record retention for auction companies and salvage pools. Each auction company or salvage pool shall, in an order and manner which is appropriate to business requirements and which permits systematic and prompt retrieval, establish and retain for 5 years following the date of sale of each motor vehicle all of the following records:
Trans 154.12(3)(a) (a) The name and address of the most recent owner and of the dealer, wholesaler or insurance company who assigned or reassigned ownership at the auction or salvage pool.
Trans 154.12(3)(b) (b) The name and address of the buyer or the name and address of the dealer, wholesaler or buyer identification card holder, or both, who purchased the motor vehicle through the auction or salvage pool sale.
Trans 154.12(3)(c) (c) A description of the motor vehicle, including its make, year, model and vehicle identification number.
Trans 154.12(3)(d) (d) The date on which the motor vehicle was sold through the auction or salvage pool.
Trans 154.12(3)(e) (e) The odometer reading on the date the auction acquired the vehicle, including the qualifying notation which indicates whether the odometer reading reflects the actual mileage, or that the odometer reading does not reflect the actual mileage, or that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit.
Trans 154.12(4) (4)Requirements for salvage dealers.
Trans 154.12(4)(a)(a) The following information shall be kept on odometers and electronic odometer chips sold or exchanged:
Trans 154.12(4)(a)1. 1. Year, make and vehicle identification number of the vehicle from which the odometer or odometer chip was removed.
Trans 154.12(4)(a)2. 2. Date of sale or exchange of odometer or odometer chip.
Trans 154.12(4)(a)3. 3. Name and address of purchaser of the odometer or odometer chip.
Trans 154.12(4)(b) (b) Salvage dealers who sell, exchange or provide used odometers and electronic odometer chips shall maintain the information required in sub. (4) (a) at their primary place of business in an order and manner that is appropriate to business requirements and that permits systematic and prompt retrieval. The records shall be made available for inspection and copying by the department during reasonable business hours.
Trans 154.12(4)(c) (c) Required information on odometers and electronic odometer chips must be recorded at the time of sale or exchange and retained for 5 years following the date of sale or exchange. These records are required only when the part is removed from a vehicle less than 10 years old and sold or exchanged as a separate part.
Trans 154.12 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.
Trans 154.13 Trans 154.13Eligibility to apply for title by Wisconsin dealers and nonresidents.
Trans 154.13(1) (1)Eligibility of Wisconsin dealer to apply for title in own name. A dealer or wholesaler licensed under ch. 218, Stats., may not apply for a Wisconsin certificate of title which names the dealer or wholesaler as owner of a vehicle unless any of the following occur:
Trans 154.13(1)(a) (a) The title which has been assigned or reassigned to the dealer by the prior owner is a conforming title and all of the reassignment spaces on the title have been completed.
Trans 154.13(1)(b) (b) The title which has been assigned or reassigned to the dealer by the prior owner is a nonconforming title.
Trans 154.13(1)(c) (c) The motor vehicle has a gross vehicle weight rating of more than 16,000 pounds, or was previously registered in any state at a gross weight of more than 16,000 pounds.
Trans 154.13(1)(d) (d) The issuance of a new title is necessary to correct information which had been written or printed on the title which was assigned or reassigned to the dealer, providing that the application for a corrected title by the dealer is supported by documentation as required by the department.
Trans 154.13(1)(e) (e) The motor vehicle is a salvage vehicle and the dealer is required to apply for a salvage vehicle certificate of title pursuant to s. 342.15 (2), Stats.
Trans 154.13(1)(f) (f) The motor vehicle is also being registered under ss. 341.267 or 341.47 (2), Stats. Any registration previously issued for a vehicle in the name of the dealer may not be transferred or reassigned to the vehicle unless at least 30 days have elapsed since the registration was assigned, reassigned or transferred to a vehicle currently registered in the dealer's name.
Trans 154.13(1)(g) (g) The vehicle is being transferred to another dealer and the current title is one which had been held by the registered owner's secured party and on which the dealer applicant had completed an odometer disclosure statement via a conforming power of attorney form completed by the registered owner. This exception also applies if the registered owner's title is nonconforming and the dealer applicant, using the completed conforming power of attorney form, completes the registered owner's odometer disclosure statement on a separate conforming odometer disclosure statement.
Trans 154.13(2) (2)Eligibility of nonresident to apply for a Wisconsin certificate of title in own name.
Trans 154.13(2)(a)(a) A nonresident may not apply for a Wisconsin title which names the nonresident as owner of a vehicle unless any of the following occur:
Trans 154.13(2)(a)1. 1. The vehicle owned by the nonresident is subject to a security interest and the issuance of a Wisconsin title is necessary to protect the interests of the secured party.
Trans 154.13(2)(a)2. 2. The vehicle owned or operated by the nonresident is registered or qualified for operation in Wisconsin pursuant to ss. 341.09, 341.40, Stats.
Trans 154.13(2)(a)3. 3. The nonresident is a leasing or rental company which rents or leases vehicles to persons who operate the vehicles in Wisconsin when the type or nature of the operation requires the vehicles to be registered and titled in Wisconsin.
Trans 154.13(2)(a)4. 4. The nonresident is a seasonal resident of Wisconsin who owns and makes application to register a vehicle which is domiciled and operated primarily in Wisconsin.
Trans 154.13(2)(a)5. 5. The nonresident owns a vehicle which is, because of the type or nature of its operation in Wisconsin, subject to registration in Wisconsin and the application for a Wisconsin title is made in conjunction with an application for registration.
Trans 154.13(2)(a)6. 6. The nonresident purchases a vehicle in Wisconsin and, prior to removing the vehicle from Wisconsin, operates the vehicle in a manner which requires the nonresident to register and title the vehicle in Wisconsin.
Trans 154.13(2)(a)7. 7. The nonresident is an insurance company that acquires ownership of a vehicle titled in Wisconsin through payment of a total loss claim and the insurance company makes application for a salvage vehicle certificate of title for the vehicle.
Trans 154.13(2)(b) (b) A nonresident dealer may apply for Wisconsin title only in accordance with par. (a) 1.
Trans 154.13(3) (3)Eligibility for replacement title. Nothing in this section shall preclude a Wisconsin dealer or nonresident, including a nonresident dealer, from applying for a replacement Wisconsin certificate of title for a vehicle which is currently titled in the name of the Wisconsin dealer or nonresident.
Trans 154.13(4) (4)Temporary plates or permits. For purposes of this section, temporary plates or permits are not considered as registration.
Trans 154.13 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.
Trans 154.14 Trans 154.14Odometer disclosure statements to accompany application for title.
Trans 154.14(1) (1) Except as provided in sub. (2), for each previously titled motor vehicle, each application for certificate of title shall be accompanied by the odometer disclosure statement which the transferor of a motor vehicle is required to provide to the transferee. If ownership of the vehicle was transferred to a dealer prior to its sale to a retail purchaser, the application for title shall include the titled owner's odometer disclosure statement to the dealer and all odometer disclosure statements which have been provided by dealers or wholesalers who have reassigned ownership of the vehicle prior to its sale to a retail purchaser.
Trans 154.14(2) (2) An application for title need not be accompanied by the odometer disclosure statement from an intermediate reassigning dealer if the odometer disclosure statement is one affected by the laws or regulations of another state which does not require a dealer transferring a vehicle to another dealer with the odometer disclosure statement of prior dealer transferors.
Trans 154.14(3) (3) Each application for title for a new motor vehicle shall be accompanied by the odometer disclosure statements which the dealer transferor is required to provide to the retail purchaser who is named as owner in the application for title.
Trans 154.14 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.
Trans 154.15 Trans 154.15Odometer reading and notations required on title.
Trans 154.15(1) (1)Title to include odometer reading. Each certificate of title issued to a transferee by the department shall include a printed odometer reading to reflect the odometer reading which was disclosed by the transferor in conjunction with the transferor's assignment or reassignment of ownership and odometer disclosure to the transferee. If there is no transfer of ownership involved and the department is issuing the certificate of title to the same owner as named on the previous title, the odometer reading and the associated date which is printed on the certificate of title shall be the same as that printed on the previous title, unless the odometer information is being corrected by the department.
Trans 154.15(2) (2)Title to include notation which clarifies odometer reading. Each certificate of title issued by the department shall include, in conjunction with the printed odometer reading, a notation which clarifies the odometer reading. The notation shall be based on the transferor's odometer disclosure to the transferee, the notation printed on a certificate of title issued by another jurisdiction or from information gained as the result of an investigation of the vehicle's odometer history and shall be limited to the following:
Trans 154.15(2)(a) (a) Actual mileage. A notation to indicate that the vehicle's mileage is actual shall be printed on the certificate of title when the department receives certification on the odometer disclosure statement that the odometer reading reflects the actual mileage or the department determines that the odometer reading reflects the actual mileage.
Trans 154.15(2)(b) (b) Not actual mileage. A notation to indicate that the vehicle's mileage is not the actual mileage shall be printed on the certificate of title when the department receives certification on the odometer disclosure statement that the odometer reading does not reflect the actual mileage or the department determines that the odometer reading differs from the actual mileage and that the difference is greater than that caused by odometer calibration error.
Trans 154.15(2)(c) (c) Mileage exceeds the mechanical limits. A notation indicating that the vehicle's mileage exceeds the mechanical limits of the odometer shall be printed on the certificate of title when the department receives certification on the odometer disclosure statement or the department determines that the odometer reading reflects the amount of mileage in excess of the odometer's mechanical design limit.
Trans 154.15(2)(d) (d) Not actual mileage and odometer tampering verified. A notation indicating that the odometer had been tampered with shall be printed on the certificate of title in conjunction with the notation which indicates that the vehicle's mileage is not the actual mileage when the department has, as a result of a thorough investigation of the facts, reasonable grounds to believe that the odometer has been disconnected, reset, tampered with, altered or replaced with the intent to change the number of miles which otherwise would be indicated.
Trans 154.15(2)(e) (e) Mileage is unverified. A notation indicating that the mileage is not actual mileage and the mileage is unverified shall be printed on a subsequent certificate of title issued to a vehicle if the certificate of title previously issued for that vehicle includes a notation indicating that the mileage is unverified.
Trans 154.15(2)(f) (f) Exempt from odometer disclosure. This notation applies to all vehicles that are 10 model years old or older. It also applies to truck-tractors, trailers and mopeds, and to vehicles that are registered or have a gross vehicle weight rating of more than 16,000 pounds. Once a vehicle becomes exempt due to age, the last odometer record information including the odometer reading, the date of the odometer reading and the notation clarifying the odometer reading will be carried forward for the life of the vehicle. Once a vehicle becomes exempt for any reason, it remains exempt. Vehicles registered with the IRP are exempt.
Trans 154.15(3) (3)Title to include date associated with odometer reading. Each certificate of title issued by the department shall include the date of the odometer reading which is printed on the transferee's title. The date on the title shall correspond with the “date of statement" included on the transferor's odometer disclosure statement or may be the date of issue of the transferee's title, providing that the date of issue is not more than 60 days after the “date of statement.' If the vehicle which is the subject of an application for title was last titled in another jurisdiction in the name of the applicant, the same odometer reading and associated date as printed on the out-of-state title shall be printed on the Wisconsin title issued by the department to the applicant. If the out-of-state title does not have the date associated with the odometer reading printed on it, or it is not possible to readily determine the date of issue of the certificate of title, the department shall, in place of the date, print on the Wisconsin title the notation “none" along with the odometer reading.
Trans 154.15 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.
Loading...
Loading...
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.