AB200: Bill Text

Also under this bill, if a consumer returns a vehicle with a nonconformity to the manufacturer and another person is in possession of the vehicle's certificate of title, that person must provide the certificate of title to the manufacturer, not the consumer, upon satisfaction of any security interest in the vehicle.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB200,1 Section 1. 218.0171 (1) (am) of the statutes is created to read:

AB200,3,4 218.0171 (1) (am) 1. Subject to subd. 2., "commercial motor vehicle" means a motor vehicle designed to transport passengers or property and having one or more of the following characteristics:

AB200,4,3 a. The vehicle is a single vehicle with a gross vehicle weight rating of 26,001 or more pounds or the vehicle's registered weight or actual gross weight is more than 26,000 pounds.

AB200,4,7 b. The vehicle is a combination vehicle with a gross combination weight rating, registered weight or actual gross weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating, registered weight or actual gross weight of more than 10,000 pounds.

AB200,4,12 c. The vehicle is designed to transport the driver and 15 or more passengers. If the vehicle is equipped with bench type seats intended to seat more than one person, the passenger-carrying capacity shall be determined under s. 340.01 (31) or, if the vehicle is a school bus, by dividing the total seating space measured in inches by 13.

AB200,4,14 2. "Commercial motor vehicle" does not include a motor home, as defined in s. 340.01 (33m).

AB200,2 Section 2. 218.0171 (1) (g) of the statutes is created to read:

AB200,4,18 218.0171 (1) (g) "Out of service," with respect to a motor vehicle, means that the vehicle is unable to be used by the consumer for the vehicle's intended purpose as a result of any of the following:

AB200,4,21 1. The vehicle is in the possession of the manufacturer, motor vehicle lessor, or any of the manufacturer's authorized motor vehicle dealers for the purpose of performing or attempting repairs to correct a nonconformity.

AB200,4,22 2. The vehicle is in the possession of the consumer and all of the following apply:

AB200,4,25 a. The vehicle has a nonconformity that substantially affects the use or safety of the vehicle and that has been subject to a previous repair attempt to correct the same nonconformity.

AB200,5,4 b. The consumer has reported, in writing, the nonconformity to the manufacturer, motor vehicle lessor, or manufacturer's authorized motor vehicle dealer and the manufacturer, lessor, or dealer has refused to accept the vehicle for the purpose of performing or attempting subsequent repairs.

AB200,3 Section 3. 218.0171 (2) (b) 2. a. of the statutes is amended to read:

AB200,5,8 218.0171 (2) (b) 2. a. Accept return of the motor vehicle and, subject to par. (c) 3. and 4., replace the motor vehicle with a comparable new motor vehicle and refund any collateral costs.

AB200,4 Section 4. 218.0171 (2) (c) of the statutes is renumbered 218.0171 (2) (c) 1. and amended to read:

AB200,5,14 218.0171 (2) (c) 1. To receive a comparable new motor vehicle or a refund due under par. (b) 1. or 2., a consumer described under sub. (1) (b) 1., 2. or 3. shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No

AB200,5,23 2. Subject to subd. 5., if the consumer elects a refund, no later than 30 days after that the offer under subd. 1. or the election of the refund, whichever is later, the manufacturer shall provide the consumer with the comparable new motor vehicle or refund. During or prior to this 30-day period, the consumer shall provide to the manufacturer, in a form and manner prescribed by the department of transportation, all information timely requested and required by the manufacturer and any written consent to allow the manufacturer to provide the refund. If the consumer fails to provide any of this information by the end of this 30-day period, the consumer may not bring an action under sub. (7).

AB200,6,6 6. When the manufacturer provides the new motor vehicle or refund, the consumer shall return the motor vehicle having the nonconformity to the manufacturer and provide the manufacturer with the certificate of title and all endorsements necessary to transfer title to the manufacturer. If another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person shall, upon request of the consumer, provide the certificate of title to the manufacturer or to the consumer upon satisfaction of any security interest in the motor vehicle.

AB200,5 Section 5. 218.0171 (2) (c) 3., 4. and 5. of the statutes are created to read:

AB200,6,18 218.0171 (2) (c) 3. Except as provided in this subdivision, if the consumer elects a comparable new motor vehicle, no later than 45 days after the offer under subd. 1. or the election of the new motor vehicle, whichever is later, the manufacturer shall provide the consumer with the comparable new motor vehicle. The manufacturer shall exercise due diligence in locating and providing a comparable new motor vehicle within this 45-day period. If no comparable new motor vehicles exists or if a comparable new motor vehicle is otherwise unavailable for delivery within this 45-day period, the manufacturer shall provide a refund in lieu of providing a comparable new motor vehicle and shall provide this refund no later than 45 days after the offer under subd. 1. or the election of the new motor vehicle, whichever is later. This subdivision does not apply with respect to commercial motor vehicles.

AB200,7,5 4. Except as provided in this subdivision, if the consumer elects a comparable new commercial motor vehicle, no later than 120 days after the offer under subd. 1. or the election of the new commercial motor vehicle, whichever is later, the manufacturer shall provide the consumer with the comparable new commercial motor vehicle. The manufacturer shall exercise due diligence in locating and providing a comparable new commercial motor vehicle within this 120-day period. If no comparable new commercial motor vehicles exists or if a comparable new commercial motor vehicle is otherwise unavailable for delivery within this 120-day period, the manufacturer shall provide a refund in lieu of providing a comparable new commercial motor vehicle and shall provide this refund no later than 120 days after the offer under subd. 1. or the election of the new commercial motor vehicle, whichever is later.

AB200,7,9 5. A manufacturer is not required to provide a consumer with a refund under subd. 2. less than 10 days after the manufacturer receives from the consumer the information and consent required under subd. 2., in the form and manner specified in sub. (8).

AB200,6 Section 6. 218.0171 (2) (cm) 1. and 2. of the statutes are amended to read:

AB200,7,22 218.0171 (2) (cm) 1. To receive a refund due under par. (b) 3., a consumer described under sub. (1) (b) 4. shall offer to the manufacturer of the motor vehicle having the nonconformity to return that motor vehicle to that manufacturer. No Subject to subd. 4., no later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. During or prior to this 30-day period, the consumer shall provide to the manufacturer, in a form and manner prescribed by the department of transportation, all information timely requested and required by the manufacturer and any written consent to allow the manufacturer to provide the refund. If the consumer fails to provide any of this information by the end of this 30-day period, the consumer may not bring an action under sub. (7). When the manufacturer provides the refund, the consumer shall return the motor vehicle having the nonconformity to the manufacturer.

AB200,8,11 2. To receive a refund due under par. (b) 3., a motor vehicle lessor shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No Subject to subd. 4., no later than 30 days after that offer, the manufacturer shall provide the refund to the motor vehicle lessor. During or prior to this 30-day period, the consumer shall provide to the manufacturer, in a form and manner prescribed by the department of transportation, all information timely requested and required by the manufacturer and any written consent to allow the manufacturer to provide the refund. When the manufacturer provides the refund, the motor vehicle lessor shall provide to the manufacturer the certificate of title and all endorsements necessary to transfer title to the manufacturer. If another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person shall, upon request of the motor vehicle lessor, provide the certificate to the manufacturer or to the motor vehicle lessor.

AB200,7 Section 7. 218.0171 (2) (cm) 4. of the statutes is created to read:

AB200,8,16 218.0171 (2) (cm) 4. A manufacturer is not required to provide a consumer with a refund under subd. 1. or a motor vehicle lessor a refund under subd. 2. less than 10 days after the manufacturer receives from the consumer the information and consent required under subd. 1. or 2., in the form and manner specified in sub. (8).

AB200,8 Section 8. 218.0171 (6m) of the statutes is created to read:

AB200,8,21 218.0171 (6m) Notwithstanding subs. (2) (b) and (6), if the consumer enters into a negotiated written settlement with the manufacturer regarding any motor vehicle nonconformity, the manufacturer shall no longer be subject to any requirement of this section with respect to that motor vehicle.

AB200,9 Section 9. 218.0171 (7) of the statutes is amended to read:

AB200,9,4 218.0171 (7) In Subject to subs. (2) (c) 2. and (cm) 1. and (3), in addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section if the action is commenced within 24 months after first delivery of the motor vehicle to a consumer. The court shall or jury may award a consumer who prevails in such an action twice up to the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief the court determines appropriate.

AB200,10 Section 10. 218.0171 (8) of the statutes is created to read:

AB200,9,8 218.0171 (8) The department of transportation shall prescribe a form and manner for consumers to provide information and consent to manufacturers for purposes of sub. (2) (c) 2. and (cm) 1. and 2.

AB200,11 Section 11. 227.01 (13) (yd) of the statutes is created to read:

AB200,9,11 227.01 (13) (yd) Relates to any form or manner of providing information and consent prescribed by the department of transportation under s. 218.0171 (8).

AB200,12 Section 12. Initial applicability.

AB200,9,14 (1) This act first applies with respect to motor vehicles for which the express warranty commences on the effective date of this subsection.

AB200,13 Section 13. Effective date.

AB200,9,17 (1) This act takes effect on the first day of the 3rd month beginning after publication.

AB200,9,18 (End)