5. To create new protections for people who sell vehicles on consignment through a dealer and to protect the people who buy those consignment vehicles.
6. To clarify that a dealer may accept a subsequent offer on a vehicle when an accepted offer is already pending, and to specify required disclosures to the consumer whose offer is subject to an earlier pending offer.
7. To clarify that there are two allowed methods for dealerships to document changes to the motor vehicle purchase contract after the dealer has accepted the offer.
8. Amend s. Trans 138.05 (5) to give the auctions 14 rather than 12 days to provide clear title before a dealer can rescind a purchase.
9. To restrict fraudulent consumer loan application practices made possible by artificial adjustments to the price of a vehicle.
10. Amend current s. Trans 139.05 (2) (g) to permit dealers to provide a total cash price for a vehicle on the face of the motor vehicle purchase contract and to incorporate by reference a computer printout or other document that itemizes the components of that price. The consumer would sign the incorporated sheet.
11. Regulate adjustments to the amount due on delivery when a lien pay-off is an estimate.
12. Allow a consumer to rescind a contract without penalty when a rebate conditioned on consumer or vehicle eligibility is unavailable at the time of delivery.
13. Require dealers to pay off loans on a trade-in vehicle within 7 business days of acquiring the vehicle.
14. Make the penalty warning more apparent to the consumer by moving it next to the contract signature block.
15. Require a dealer either (a) to cancel a purchase contract within 5 business days of its execution if the credit terms disclosed in the contract cannot be obtained for the customer or (b) be bound to delivery of the vehicle on those terms.
16. Specify time periods that a dealer must wait for a consumer to accept or reject proposed credit terms, in different circumstances of contract signature and vehicle delivery.
17. To clarify that a dealer may cancel a purchase contract by a date specified in the contract if the contract is subject to the consumer obtaining acceptable financing of the consumer's choice, and the consumer does not notify the dealer in writing that financing has been secured.
18. Exclude audio equipment and molding damage when calculating whether a new vehicle has been damaged to the extent of more than 6% of its value when that equipment is replaced with identical manufacturer's original equipment.
19. Clarify that a dealer may complete a purchase contract for a vehicle without inspecting and disclosing it if the vehicle is exempt by rule from inspection and disclosure.
20. To eliminate use of the term “service agreement" in the proposed rule and to use “service contract" throughout instead.
21. Restore several warranty disclosure requirements to the proposed rule which were removed from the rule in previous amendment. Misinformation regarding warranties has resurfaced as a problem since the provision was removed from the code.
Fiscal Estimate
This proposed rule will have no fiscal impact on the Department or the Transportation Fund. No fiscal impact on local governments is anticipated.
Initial Regulatory Flexibility Analysis
This proposed rule will have little net effect on small businesses. On the one hand, business activities of dealers are improved by some streamlined requirements; on the other hand, disclosures of sales practices are required to provide adequate consumer protection. Specifically:
1. Amend current s. Trans 138.02 (10) definition of “sell" a motor vehicle, to include delivering a vehicle from a seller in another jurisdiction to a retail consumer in Wisconsin. The change would bring under dealer licensing authority those people who currently deliver vehicles to Wisconsin consumers for out-of-state sellers. This provision will require some out-of-state dealers to become licensed in Wisconsin and follow Wisconsin reporting and trade practice law for sales in Wisconsin.
2. Exempt from dealer licensing requirements those retail auctions that sell, at one time, heavy (over 16,000 lbs.) construction motor vehicles owned by several businesses, when those sales are incidental to the vehicle owners' primary business activities.
This provision will reduce paperwork burden for these small businesses.
3. Change the definition of a “new" vehicle to allow any number of miles for manufacturer tests, pre-delivery test, dealer exchange or delivery, plus up to 200 miles for any other purpose (including the purchasing consumer's test drive). This change will require dealers to keep track of reasons for miles; on the other hand, this provision will enable dealers to sell as “new" some vehicles which the previous definition had not allowed, an aid to the business.
4. To modify used motor vehicle disclosure requirements applicable to motorcycles. The Department proposes to exempt motorcycle dealers from the requirement of displaying the Wisconsin Buyer's Guide label on the motorcycle. Customers would have to be provided with an opportunity to review the Wisconsin Buyer's Guide prior to entering into a contract to purchase a motorcycle. This provision will reduce small business costs associated with protecting and/or replacing labels as is required under current law; however, requiring that the label be provided to the consumer before a contract becomes binding creates a new function for businesses to perform. Without that step, however, the significant consumer protections provided by the labels would be lost.
5. To create new protections for people who sell vehicles on consignment through a dealer and to protect the people who buy those consignment vehicles. This provision will require dealers selling vehicles on consignment to file UCC financing statements as well as follow Wisconsin dealer regulations.
6. To clarify that a dealer may accept a subsequent offer on a vehicle when an accepted offer is already pending, and to specify required disclosures to the consumer whose offer is subject to an earlier pending offer. This provision will allow dealers' more flexibility in structuring transactions to protect consumers in this circumstance, this provision requires dealers to provide clear disclosure to consumers as to the status of their offers.
7. To clarify that there are two allowed methods for dealerships to document changes to the motor vehicle purchase contract after the dealer has accepted the offer. This provision will reduce paperwork by allowing a new contract in addition to making changes on the current contract; however, to provide necessary consumer protections, dealers will be required to obtain consumer signature of new contract and must attach all superseded contracts.
8. Amend s. Trans 138.05 (5) to give the auctions 14 rather than 12 days to provide clear title before a dealer can rescind a purchase. This provision will ease administrative burden on small businesses.
9. To restrict fraudulent consumer loan application practices made possible by artificial adjustments to the price of a vehicle
. This provision will require dealers to specify true prices and discounts on the purchase contract, to protect consumers from fraudulent consumer loan applications; on the other hand, this requirement will help dealers by assuring that the vehicle loan will more likely be made and the purchase will close.
10. Amend current s. Trans 139.05 (2) (g) to permit dealers to provide a total cash price for a vehicle on the face of the motor vehicle purchase contract and to incorporate by reference a computer printout or other document that itemizes the components of that price. The consumer would sign the incorporated sheet.
This provision reduces dealer paperwork by allowing attached references to price components; to provide necessary consumer protection, however, the provision requires that the consumer sign the incorporated sheet.
11. Regulate adjustments to the amount due on delivery when a lien pay-off is an estimate. This provision will protect consumers from contract obligation that they cannot meet; and it also protects dealers by making it clear that a vehicle sale will or will not close.
12. Allow a consumer to rescind a contract without penalty when a rebate conditioned on consumer or vehicle eligibility is unavailable at the time of delivery. This provision provides necessary consumer protections for sales involving rebates and provides no hardship to dealers.
13. Require dealers to pay off loans on a trade-in vehicle within 7 business days of acquiring the vehicle. This provides necessary consumer protections and involves no hardship to dealers.
14. Make the penalty warning more apparent to the consumer by moving it next to the contract signature block. This provides necessary consumer protections and involves no hardship to dealers.
15. Require a dealer either (a) to cancel a purchase contract within 5 business days of its execution if the credit terms disclosed in the contract cannot be obtained for the customer or (b) be bound to delivery of the vehicle on those terms. This provides necessary consumer protections and involves no hardship to dealers.
16. Specify time periods that a dealer must wait for a consumer to accept or reject proposed credit terms, in different circumstances of contract signature and vehicle delivery. This provision improves dealer cost situation by removing uncertainty as to purchase consummation. However, to provide necessary consumer protections the provision specifies disclosure requirements in different circumstances.
17. To clarify that a dealer may cancel a purchase contract by a date specified in the contract if the contract is subject to the consumer obtaining acceptable financing of the consumer's choice, and the consumer does not notify the dealer in writing that financing has been secured. This provision reduces dealer uncertainty as to whether a sale will close. However, to provide necessary consumer protections the provision requires dealers and consumers to agree in contract to a date.
18. Exclude audio equipment and molding damage when calculating whether a new vehicle has been damaged to the extent of more than 6% of its value when that equipment is replaced with identical manufacturer's original equipment. This provision reduces small business costs without hardship to consumers.
19. Clarify that a dealer may complete a purchase contract for a vehicle without inspecting and disclosing it if the vehicle is exempt by rule from inspection and disclosure. This provision reduces small business costs without hardship to consumers.
20. To eliminate use of the term “service agreement" in the rule and to use “service contract" throughout instead. This provision is technical and has no substantive effect.
21. Restore several warranty disclosure requirements to the rule which were removed from the rule in previous amendment. Misinformation regarding warranties has resurfaced as a problem since the provision was removed from the code. This provides necessary consumer protections and involves no hardship to dealers.
Copies of Proposed Rule and Contact Information
Copies of the proposed rule may be obtained upon request, without cost, by writing to Cathy Skaar, Policy Analyst, Department of Transportation, Dealer Licensing Section, Room 806, P. O. Box 7909, Madison, WI 53707-7909 or by calling (608) 267-3635. Copies may also be viewed and printed at the following website:
www.watda.org/links/trans139. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Transportation
Notice is hereby given that pursuant to s. 348.25 (3), Stats., and interpreting s. 348.25 (3), Stats., the Department of Transportation will hold a public hearing at the time and place indicated below to consider the amendment of ch. Trans 252, Wis. Adm. Code, relating to escort vehicles.
Hearing Information
October 12, 1999 Room 551
Tuesday Hill Farms State Trans. Bldg.
1:00 p.m. 4802 Sheboygan Ave.
Madison, WI
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Written Comments
The public record on this proposed rule-making will be held open until close of business October 15, 1999, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Kathleen Nichols, Department of Transportation, Motor Carrier Services Section, Room 151, P. O. Box 7980, Madison, WI 53707-7980.
Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: s. 348.25 (3)
Statute interpreted: s. 348.25 (3)
General Summary of Proposed Rule. This proposed rule will amend ch. Trans 252, relating to escort vehicles, to update some requirements reflecting changes in vehicle manufacturing and industry practices. The rule is amended to expand vehicles which may be used as escort vehicles to include single-unit trucks up to 32,000 pounds actual gross vehicle weight, gross vehicle weight rating, or registered weight. The proposed amendment clarifies the reference to a Type 1 automobile as defined in state law, and clarifies that any escort vehicle must meet the “overhang" requirements of s. 348.09, Stats., when carrying the required sign. The rule allows either the current sign or a smaller (5' long) sign. Finally, the proposed rule amendment eliminates the requirement that escort vehicles display flags on the bumpers but, instead, requires flashing lights or strobe lights that are visible all around (360 degrees).
Fiscal Estimate
The proposed rule will have no fiscal impact on the State or local units of government.
Initial Regulatory Flexibility Analysis
The proposed rule amendment will benefit small businesses involved in oversize/overweight load transport. The amendment reflects changes in vehicle manufacturing and industry practices, and thus should reduce business costs in complying with escort vehicle requirements. Escort vehicle requirements are necessary to adequately protect safety of the traveling public which may encounter an oversize/overweight load in transit.
Copies of Proposed Rule and Contact Information
Copies of the proposed rule may be obtained upon request, without cost, by writing to Kathleen Nichols, Department of Transportation, Motor Carrier Services Section, Room 151, P. O. Box 7980, Madison, WI 53707-7980, or by calling (608) 266-6648. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Veterinary Examining Board
Notice is hereby given that pursuant to authority vested in the Veterinary Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 453.03 (1), Stats., and interpreting s. 453.065, Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend ss. VE 2.01 (2) and 3.03 (intro.), relating to computerized examinations.
Hearing Information
September 29, 1999 Room 179A
Wednesday 1400 East Washington Ave.
11:30 a.m. Madison, WI
Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by October 6, 1999 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 453.03 (1)
Statute interpreted: s. 453.065
In this proposed rule-making order the Veterinary Examining Board amends its rules relating to the administration of the examinations, as well as changes to the application deadline date. The Professional Examination Service (PES) will computerize the national examinations in November 2000, and will require first, that an applicant may sit for the examinations not more than six months prior to graduation; and second, that an applicant may not apply for the examination less than 60 days prior to its administration. These proposed rules set forth the deadlines for eligibility to sit for the new computerized examination as well as the new application procedures.
