342.22(4)
(4) Removal of information pertaining to a security interest from the records of the department under
sub. (3) does not affect any security agreement between the owner of a vehicle and the holder of security interest in the vehicle.
342.23
342.23
Secured party's and owner's duties. 342.23(1)
(1) A secured party named in a certificate of title shall, upon written request of the owner or of another secured party named on the certificate, disclose any pertinent information as to the party's security agreement and the indebtedness secured by it.
342.23(2)(a)(a) An owner shall promptly deliver the owner's certificate of title to any secured party who is named on it or who has a security interest in the vehicle described in it under any other applicable prior law of this state, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected.
342.23(2)(b)
(b) No secured party may take possession of any certificate of title except as provided in
par. (a). Any person who violates this paragraph may be required to forfeit not more than $1,000.
342.23(3)
(3) Any secured party who fails to disclose information pursuant to
sub. (1) shall be liable for any loss caused to owner thereby.
342.23(4)
(4) Any owner who fails to deliver the certificate of title to a secured party requesting it pursuant to
sub. (2) (a) shall be liable to such secured party for any loss caused to the secured party thereby and may be required to forfeit not more than $200.
342.24
342.24
Method of perfecting exclusive. The method provided in this chapter of perfecting and giving notice of security interests subject to this chapter is exclusive. Security interests subject to this chapter are hereby exempted from the provisions of law which otherwise require or relate to the filing of instruments creating or evidencing security interests.
342.24 Annotation
The motor vehicle law provisions relating to security do not apply to a mobile home once it has become a fixture. George v. Commercial Credit Corp. 440 F (2d) 551.
342.25
342.25
Suspension or revocation of certificate. 342.25(1)(1) The department shall suspend or revoke a certificate of title if it finds any of the following:
342.25(1)(a)
(a) The certificate of title was fraudulently procured, erroneously issued or prohibited by law.
342.25(1)(b)
(b) The vehicle has been scrapped, dismantled or destroyed.
342.25(1)(c)
(c) A transfer of title is set aside by a court of record by order or judgment.
342.25(1)(d)
(d) The vehicle's odometer has been subjected to tampering and return of the certificate of title to the department is considered necessary to make a notation of that information on the certificate.
342.25(2)
(2) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
342.25(3)
(3) When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department.
342.25(4)
(4) The department may seize and impound any certificate of title which has been suspended or revoked.
342.255
342.255
Cancellation of title or registration. The department shall cancel a title or registration whenever:
342.255(1)
(1) A transfer of title is set aside by the court by order or judgment; or
342.255(2)
(2) Fraud on the department is discovered by the department; or
342.255(3)
(3) It is subsequently discovered that the issuance or possession of a title or registration is prohibited by law or that the odometer of a vehicle for which a certificate of title has been issued by the department has been subjected to tampering and return of the certificate of title to the department is considered necessary to make a notation of that information on the certificate.
342.26
342.26
Hearings and appeal. Any person aggrieved by an act or omission of the department under this chapter is entitled, upon request, to a hearing and judicial review thereof in accordance with
ch. 227. Contested cases shall be heard and decided by the division of hearings and appeals.
342.281
342.281
Previously certificated vehicle. A previously certificated vehicle is a vehicle for which a certificate of title has been issued by the department prior to June 1, 1966.
342.281 History
History: 1977 c. 29 s.
1654 (7) (a).
342.282
342.282
Deferred application to previously certificated vehicle. Sections 342.19 to
342.24 shall not apply to a previously certificated vehicle until:
342.282(1)
(1) There is a transfer of ownership of the vehicle; or
342.282(2)
(2) The department issues a certificate of title of the vehicle under this chapter.
342.282 History
History: 1977 c. 29 s.
1654 (7) (a).
342.283
342.283
Distinctive certificate. If the department is not satisfied that there are no undisclosed security interests, created before June 1, 1966, in a previously certificated vehicle, it shall, unless the applicant fulfills the requirements of
s. 342.12 (3), issue a distinctive certificate of title of the vehicle containing the legend "This vehicle may be subject to an undisclosed security interest" and any other information the department prescribes.
342.283 History
History: 1977 c. 29 s.
1654 (7) (a).
342.284
342.284
New security interest in a previously certificated vehicle. After June 1, 1966, a security interest in a previously certificated vehicle may be created and perfected only by compliance with
ss. 342.19 and
342.24.
342.285
342.285
Unsatisfied security interest in previously certificated vehicle. 342.285(1)
(1) If a security interest in a previously certificated vehicle is perfected under any other applicable law of this state at the time this section takes effect (June 1, 1966), the security interest continues perfected until its perfection lapses under the law under which it was perfected (or would lapse in the absence of a further filing or renewal of filing) and thereafter, if, before such lapse, there is delivered to the department the existing certificate of title together with the application and fee required by
s. 342.20 (1). In such case the department shall issue a new certificate pursuant to
s. 342.20 (3).
342.285(2)
(2) If a security interest in a previously certificated vehicle was created, but was unperfected, under any other applicable law of this state at the time this section takes effect (June 1, 1966), it may be perfected under
sub. (1), but such perfection dates only from the date of the division's receipt of the certificate.
342.285 History
History: 1977 c. 29 s.
1654 (7) (a).
ANTI-THEFT AND ANTI-FRAUD PROVISIONS
342.30
342.30
Identification numbers. 342.30(1c)
(1c) In this section, "owner" includes the lessee of a vehicle if the vehicle is registered, or required to be registered, by the lessee under
ch. 341.
342.30(1g)
(1g) No person may remove, alter or obliterate or intentionally make it impossible to read, as required under
sub. (2), an identification number. This subsection does not apply to the obliteration of an identification number which occurs in the process of crushing a vehicle or vehicle part for scrap.
342.30(1m)
(1m) When the department is satisfied as to the ownership of a vehicle subject to registration which has not been numbered by the manufacturer or on which the original number has been removed, obliterated or altered or on which the original casting has been replaced or on which a new identification number is required under
s. 342.06 (1) (f), the department shall assign a new identification number for each such vehicle.
342.30(2)
(2) An identification number assigned by the department to a mobile home, trailer or semitrailer shall be stamped upon the frame in a readily visible location. An identification number assigned to a motor vehicle manufactured prior to January 1, 1969, shall be permanently affixed to the left front pillar. The vehicle identification number for motor vehicles manufactured after January 1, 1969, shall be permanently affixed upon either a part of the vehicle that is not designed to be removed except for repair, or a separate plate which is permanently affixed to such part. The vehicle identification number shall be located inside the passenger compartment and shall be readable, without moving any part of the vehicle, through the vehicle glazing under daylight lighting conditions by an observer having 20/20 vision (Snellen) whose eyepoint is located outside the vehicle adjacent to the left windshield pillar. Identification numbers assigned for cycles shall be stamped on the left side, near the top of the engine casting just below the cylinder barrel. Such stamping or affixing shall be done under the supervision of a dealer, distributor or manufacturer registered under
s. 341.51 or under the supervision of a peace officer. The person supervising the stamping or affixing shall make a report thereof to the department.
342.30(2m)(a)(a) A traffic officer or person authorized to enforce nonmoving traffic violations may use reasonable means to gain access to a vehicle if that vehicle's identification number cannot be read as required under
sub. (2).
342.30(2m)(b)
(b) Any person acting under
par. (a) is immune from civil and criminal liability for good faith actions taken within the scope of that person's official duties.
342.30(3)(a)(a) Any person who violates
sub. (1g) may be fined not more than $5,000 or imprisoned for not more than 5 years or both.
Effective date note
NOTE: Par. (a) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(a) Any person who violates sub. (1g) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both.
342.30(3)(b)1.1. Any owner of a vehicle for which the department has issued a new identification number who fails to have such number attached or stamped as required by
sub. (2) may be required to forfeit not more than $200.
342.30(3)(b)2.
2. Any owner of a vehicle for which the department has issued a new identification number who with intent to defraud fails to have such number attached or stamped as required by
sub. (2) may be required to forfeit not more than $1,000.
342.30(4)(a)(a) If a law enforcement agency finds a vehicle or part of a vehicle on which the identification number has been removed, altered or obliterated or made impossible to read, the law enforcement agency may seize the vehicle or part of a vehicle. If the identification number cannot be identified, the seized vehicle or vehicle part is presumed to be contraband. Except as provided in
par. (d), if the identification number can be identified, the agency may return the vehicle to the owner. Except as provided in
par. (b), the district attorney shall institute forfeiture proceedings under
s. 973.076 regarding any vehicle or vehicle part that is seized under this paragraph and not returned to the owner.
342.30(4)(b)
(b) If the district attorney brings a criminal action arising out of the seizure under
par. (a), the district attorney shall not institute forfeiture proceedings under
s. 973.076 before there is a final determination in the criminal action.
342.30(4)(c)
(c) Paragraph (a) does not apply to the obliteration of an identification number that occurs in the process of crushing a vehicle or vehicle part for scrap.
342.30(4)(d)
(d) If the identification number of a motorcycle or part of a motorcycle seized under
par. (a) can be identified and if no forfeiture proceeding is commenced under
s. 973.076 within 30 days after the seizure of the property, the custodian of the seized property shall immediately return the seized property to the owner named in the certificate of title or registration. If a motorcycle or part of a motorcycle is not returned to the owner named in the certificate of title or registration as required in this paragraph, and if the owner of the property commences a replevin action to recover possession of the property, and if the judge finds that the custodian of the property unreasonably retained the property after 30 days after the seizure, the court shall award the owner the costs and reasonable attorney fees incurred in the replevin action.
342.30 Annotation
The time limits in s. 973.076 are inapplicable to forfeitures of vehicles seized under this section. Sub. (4) (b) controls. State v. Elliot, 203 W (2d) 95, 551 NW (2d) 850 (Ct. App. 1996).
342.31
342.31
Report of stolen or abandoned motor vehicles. 342.31(1)(1) Each sheriff and police department in the state shall immediately report to the department of justice each motor vehicle reported stolen or recovered within its jurisdiction.
342.31(2)
(2) An owner of a garage or trailer park or of any type of storage or parking lot for motor vehicles shall report to the local law enforcement agency the make, motor number and serial or identification number of any vehicle stored, parked or left in the owner's garage, park or lot for a period of more than 30 consecutive days unless arrangements have been made by the owner of the vehicle for its continuous storage or parking or unless the owner of the vehicle is personally known to the owner of the garage, park or lot. Any person who fails to submit such report may be required to forfeit not more than $25.
342.32
342.32
Counterfeiting and unlawful possession of certificate of title. 342.32(1)(1) No person may counterfeit, possess, sell, offer for sale or supply a forged, fictitious, counterfeit, stolen or fraudulently or unlawfully obtained certificate of title or registration, manufacturer's document of origin, instrument or other document that is or may be used as evidence of ownership, the transfer of ownership or the mileage disclosure of a motor vehicle.
342.32(2)
(2) Unless authorized by the department, no person may possess, sell, offer for sale or supply any blank certificates of title or registration, manufacturers' documents of origin, instruments or other documents that may be used as evidence of ownership or registration of a motor vehicle.
342.32(3)
(3) Whoever violates
sub. (1) or
(2) may be fined not more than $5,000 or imprisoned for not more than 5 years, or both, for each violation.
Effective date note
NOTE: Sub. (3) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months, or both, for each violation.
342.32 History
History: 1993 a. 159;
1997 a. 283.
342.33
342.33
Sale of vehicle used as taxicab. No person shall sell or exchange, authorize or direct the sale or exchange of, or offer for sale or exchange any motor vehicle which the person knows has been used as a taxicab or for public transportation unless the certificate of title for such vehicle has been stamped by the department with the words "This motor vehicle has previously been used as a taxicab or for public transportation" and unless such certificate of title is exhibited by the vendor to the vendee before the sale of such vehicle is consummated. Any person who violates this section may be required to forfeit not more than $1,000.
342.34
342.34
Department to be notified of destruction or junking of vehicle. 342.34(1)(1) Any person owning or possessing a junk vehicle shall, within 10 days after determining that the vehicle is a junk vehicle do all of the following:
342.34(1)(a)
(a) Notify the department of the junk condition of the vehicle.
342.34(1)(b)
(b) Return the certificate of title to the department.
342.34(1)(c)
(c) If the vehicle is a motorcycle or an automobile or station wagon registered under
s. 341.27 or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, the owner shall remove the registration plates and retain and preserve them for use on any other vehicle of the same type which may subsequently be registered in his or her name. If the vehicle is not a motorcycle or an automobile or station wagon registered under
s. 341.27, or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, he or she shall remove and destroy the plates.
342.34(2)
(2) Any person owning or possessing a vehicle which has been junked or destroyed shall, within 10 days after the destruction or junking occurred do all of the following:
342.34(2)(a)
(a) Notify the department of the destruction or junking.
342.34(2)(b)
(b) Return the certificate of title to the department.
342.34(2)(c)
(c) Remove and either retain or destroy the registration plates for the vehicle as provided in
sub. (1) (c).
