341.45 Annotation
Sub. (1g) (a) imposes a tax on fuel consumed while operating on a highway. That the fuel is consumed while the vehicle is idling and not while it is being propelled does not render the fuel tax exempt. Roehl Transport v. Division of Hearings and Appeals,
213 Wis. 2d 452,
570 N.W.2d 864 (Ct. App. 1997).
REGISTRATION OF DEALERS, DISTRIBUTORS, MANUFACTURERS, TRANSPORTERS, AND
FINANCE COMPANIES
341.47
341.47
When vehicles of dealers, distributors, manufacturers and transporters exempt from general registration requirements. 341.47(1)
(1) Except as provided in
sub. (2), any motor vehicle, recreational vehicle, trailer or semitrailer that is owned or repossessed by, or consigned for sale to, a dealer, distributor or manufacturer may be operated on the highways of this state for either private or business purposes without being registered if the vehicle has displayed upon it valid registration plates issued under
s. 341.51 to the dealer, distributor or manufacturer and the vehicle:
341.47(1)(a)
(a) Is actually offered for sale by a dealer, distributor or manufacturer, including for sale on consignment; or
341.47(1)(b)
(b) Is in transit from the factory to a distributor or dealer or from the dealer to the purchaser; or
341.47(1)(c)
(c) Is being used by a manufacturer primarily for trial tests; or
341.47(1)(d)
(d) Is being repossessed, being reconditioned for resale or being foreclosed or resold.
341.47(2)
(2) A tow truck, service truck or pickup truck owned by a dealer, distributor or manufacturer must be registered in the same manner as similar vehicles owned by other persons, except that a service or pickup truck actually for sale and only incidentally used for business purposes may be operated under the conditions specified in
sub. (1).
341.47(3)
(3) A vehicle which is being transported in tow on its own wheels or under its own power from the manufacturer to the distributor, dealer or branch of the manufacturer, or from the distributor or dealer to another distributor or dealer or to the manufacturer or branch of the manufacturer, or from the branch of the manufacturer to the distributor, dealer or manufacturer by a transporter of vehicles need not be registered if such vehicle has displayed upon it valid registration plates issued to the transporter pursuant to
s. 341.51. The requirement under this subsection that the vehicle be transported in tow on its own wheels or under its own power does not apply to trailers, semitrailers or truck tractors.
341.47 History
History: 1993 a. 23;
1999 a. 9,
91,
186.
341.51
341.51
When department to register dealer, distributor, manufacturer or transporter; application. 341.51(1)
(1) The department shall register a person as a dealer, distributor or manufacturer of motor vehicles, trailers or semitrailers or as a transporter of vehicles upon receipt of a properly completed application form together with a fee of $75 and upon being satisfied that the applicant is by law entitled to be registered. The department shall register a person as a dealer, distributor or manufacturer of recreational vehicles upon receipt of a properly completed application form together with a fee of $75 and upon being satisfied that the applicant is by law entitled to be so registered. The department shall assign to each person registered under this section a distinctive registration number and shall issue a certificate of registration bearing the registration number assigned.
341.51(2)
(2) Upon registering a dealer, distributor, manufacturer or transporter the department also shall issue 2 registration plates. The department, upon receiving a fee of $5 for each additional plate desired by a dealer, distributor or manufacturer of motor vehicles, trailers or semitrailers, $5 for each additional plate desired by a dealer, distributor or manufacturer of recreational vehicles and $5 for each additional plate desired by a transporter, shall issue to the registered dealer, distributor, manufacturer or transporter the additional plates as ordered. The department may charge a fee of $2 per plate for replacing lost, damaged or illegible plates issued under this subsection.
341.51(2m)
(2m) A motor vehicle dealer, distributor or manufacturer, in case of trucks and truck tractors over 8,000 pounds, may purchase a license for demonstration purposes under
s. 341.25 to determine the gross weight. Such license is a transferable license for demonstration purposes and shall be 20% of the registration fee set forth in
s. 341.25. In case of trailers and semitrailer demonstrations, the license fee is $10 and shall belong to the demonstrator. Such demonstration vehicles shall carry insurance on behalf of the dealer, distributor or manufacturer and the prospective purchaser as provided in
s. 194.41. Such vehicle need not obtain for-hire permits as provided in
ch. 194. Such vehicle shall not be used by the prospective purchaser for more than 10 days. When the vehicle is obtained from a dealer the prospective purchaser shall sign a receipt showing the date, time and place the vehicle was obtained from the dealer. The dealer shall retain the original of such receipt for demonstration records and shall furnish a copy and the demonstration plate certificate to the prospective purchaser. The prospective purchaser shall carry such receipt and certificate in the vehicle during operation on the highways, and the dealer shall keep a record of such demonstrations and such record shall be open to inspection by the department. A dealer, distributor or manufacturer may operate on the highways under such a demonstration license a truck, trailer or semitrailer on which is loaded a machine or special equipment if the entire unit is owned by, or consigned for sale to, the dealer, distributor or manufacturer and offered for sale, including for sale on consignment, by the dealer, distributor or manufacturer and if the operation on the highways involves delivery of the vehicle to or from a prospective purchaser. The department may promulgate any further rules to accomplish the intent of this subsection.
341.51(3)
(3) When a dealer, distributor, manufacturer or transporter has an established place of business in more than one Wisconsin municipality, he or she shall make separate applications for each such municipality. The department shall assign a different registration number, issue a separate certificate of registration and charge a separate registration fee for each such municipality.
341.51(4)
(4) Except as provided in
sub. (6), every dealer, distributor and manufacturer shall file with the department and every transporter may file with the department a duly acknowledged application for registration which shall contain:
341.51(4)(a)
(a) The name under which the applicant is transacting business within the state.
341.51(4)(am)
(am) Except as provided in
par. (an), if the applicant is an individual, the social security number of the individual.
341.51(4)(an)
(an) If the applicant is an individual who does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A registration that is issued under this section in reliance on a statement submitted under this paragraph is invalid if the statement is false.
341.51(4)(ar)
(ar) If the applicant is not an individual, the person's federal employer identification number.
341.51(4)(b)
(b) If the applicant is a partnership, the names and addresses of the several persons constituting the partnership.
341.51(4)(bL)
(bL) If the applicant is a limited liability company, the names and addresses of the members.
341.51(4)(c)
(c) If the applicant is a corporation, the corporate name under which it is authorized to transact business and the names and addresses of its principal officers, resident general agent and attorney in fact.
341.51(4)(d)
(d) The place or places of business of the applicant which, in the case of a dealer, distributor or manufacturer, must be an established place of business.
341.51(4)(e)
(e) If the applicant is a dealer, distributor or manufacturer, whether engaged in wholesale or retail selling or both.
341.51(4g)(a)(a) The department shall deny an application for the issuance or renewal of registration if an individual has not included the information required under
sub. (4) (am) or
(ar) in the application.
341.51(4g)(b)
(b) The department of transportation may not disclose any information obtained under
sub. (4) (am) or
(ar) to any person except to the department of workforce development for the sole purpose of administering
s. 49.22 or the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
341.51(4m)(a)(a) A registration shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857.
341.51(4m)(b)
(b) A registration shall be suspended of revoked if the department of revenue certifies under
s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose registration is suspended or revoked under this paragraph for delinquent taxes is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and hearing under
s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
341.51(5)
(5) Except as provided in
sub. (6), any dealer, distributor or manufacturer engaged in business in this state who fails to apply for registration or fails to apply for separate registrations for each Wisconsin municipality in which the dealer, distributor or manufacturer has an established place of business may be required to forfeit not more than $200.
341.51(6)(a)(a) A person licensed under
ss. 218.0101 to
218.0163 or
218.41 as a dealer, distributor or manufacturer of only mopeds may, but need not, apply for registration under this section.
341.51(6)(b)
(b) Notwithstanding
sub. (1), a motor vehicle salvage pool licensed as a wholesaler under
s. 218.01 [
ss. 218.0101 to
218.0163] may, but need not, apply for registration under this section.
341.51 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
341.52
341.52
Design of registration plates. Registration plates for dealers, distributors, manufacturers and transporters are subject to the provisions of
s. 341.12 (2) and
(3). In addition, each plate shall have displayed upon it a symbol capable of distinguishing it from any other plate which may be issued to the same dealer, distributor, manufacturer or transporter.
341.52 History
History: 1989 a. 31.
341.53
341.53
Expiration of registration; transferability of plates. Certificates of registration and registration plates issued to dealers, distributors, manufacturers or transporters shall be issued for the calendar year and are valid only during the calendar year for which issued. Registration plates are transferable from one motor vehicle, trailer or semitrailer to another motor vehicle, trailer or semitrailer and from one recreational vehicle to another.
341.53 History
History: 1999 a. 9.
341.55
341.55
Penalty for misuse of plates. Any of the following may be required to forfeit not more than $200:
341.55(1)
(1) A dealer, distributor or manufacturer or an employee of any of them who operates or consents to the operation of a vehicle under purported authority of a registration plate issued to the dealer, distributor or manufacturer pursuant to
s. 341.51 when such vehicle is not owned or being repossessed by, or consigned for sale to, the dealer, distributor or manufacturer or, even though owned or being repossessed by, or consigned for sale to, the dealer, distributor or manufacturer, does not come within any of the exceptions listed in
s. 341.47 (1) (a) to
(d) or is not in compliance with
s. 341.51 (2m);
341.55(2)
(2) Any person who operates a vehicle under purported authority of a registration plate issued to a dealer, distributor or manufacturer under
s. 341.51, knowing that the vehicle is not owned or being repossessed by, or consigned for sale to, a dealer, distributor or manufacturer or does not come within any of the exceptions listed in
s. 341.47 (1) (a) to
(d) or is not in compliance with
s. 341.51 (2m);
341.55(3)
(3) Any transporter who operates a vehicle under purported authority of a registration plate issued to the transporter pursuant to
s. 341.51 for any purpose other than that authorized by
s. 341.47 (3);
341.55(4)
(4) Any person not registered as a transporter who operates a vehicle under purported authority of a registration plate issued pursuant to
s. 341.51 to a transporter.
341.57
341.57
Registration of finance companies and financial institutions. 341.57(1)(1) Any motor vehicle owned or being repossessed by a finance company licensed under
ss. 138.09 or
218.0101 to
218.0163, by a credit union licensed under
ch. 186, by a savings bank organized under
ch. 214, by a savings and loan association organized under
ch. 215 or by a state bank or a national bank with offices in this state, may be operated on the highways of this state for any necessary purpose in repossessing, reconditioning or reselling such vehicle without such vehicle being registered if the vehicle has displayed upon it a valid registration plate issued to such licensee pursuant to this section.
341.57(2)
(2) A finance company licensed under
ss. 138.09 or
218.0101 to
218.0163, a credit union licensed under
ch. 186, a savings bank organized under
ch. 214, a savings and loan association organized under
ch. 215 or a state bank or a national bank with offices in this state may apply to the department for registration on such form as the department provides. Upon receipt of the application together with a registration fee of $75, the department shall register the applicant and shall issue one registration plate containing the registration number assigned to the applicant. The department, upon receiving a fee of $5 for each additional plate desired by the applicant, shall issue additional plates as the applicant orders.
Section 341.52 applies to the design of the plates. The registration and plates are valid only during the calendar year for which issued. A plate is transferable from one motor vehicle to another. The department may charge a fee of $2 per plate for replacing lost, damaged or illegible plates issued under this subsection.
341.57(3)
(3) Any of the following may be required to forfeit not more than $200:
341.57(3)(a)
(a) Any person who makes a false statement in an application for registration under this section.
341.57(3)(b)
(b) Any person who uses a plate issued pursuant to this section otherwise than as authorized by this section.
341.57(3)(c)
(c) Any person other than the registered owner thereof who uses a plate issued pursuant to this section.
341.57(4)
(4) Upon conviction of a licensee under
sub. (3), the department may revoke or suspend the registration of the licensee and require surrender of the licensee's registration plates issued pursuant to this section.
PENALTY FOR FRAUDULENT PRACTICES
341.60
341.60
Fraudulent application for registration or license. Any person who gives a false or fictitious name, address or location where a vehicle is customarily kept in an application for license or registration or who makes application for license or registration in the name of a person other than the true owner, or true owner and lessee, may be fined not more than $200 or imprisoned not more than 6 months or both.
341.60 History
History: 1983 a. 180.
341.605
341.605
Unlawful transfer of evidence of registration. 341.605(1)(1) Except as authorized by the department, no person may transfer to another person or offer for sale a registration plate, insert tag, decal or other evidence of registration issued by the department. This subsection does not apply to transfers of vehicles under
s. 342.15 (4) (c).
341.605(2)
(2) No person may transfer to another person or offer for sale a counterfeit, forged or fictitious registration plate, insert tag, decal or other evidence of registration.
341.605(3)
(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.
341.605 History
History: 1995 a. 128;
1997 a. 283.
341.61
341.61
Improper use of evidence of registration. Any person who does any of the following may be required to forfeit not more than $500:
341.61(1)
(1) Lends to another a registration plate, insert tag, decal or other evidence of registration for display upon a vehicle for which the plate, tag, decal or other evidence of registration has not been issued.
341.61(2)
(2) Displays upon a vehicle a registration plate, insert tag, decal or other evidence of registration not issued for such vehicle or not otherwise authorized by law to be used thereon.
341.61(3)
(3) Wilfully twists, paints, alters or adds to or cuts off any portion of a registration plate, insert tag, decal or other evidence of registration; or who places or deposits, or causes to be placed or deposited on such plate, insert tag, decal or other evidence of registration any substance to hinder the normal reading of such plate, insert tag, decal or other evidence of registration; or who defaces, disfigures, covers, obstructs, changes or attempts to change any letter or figure thereon; or who causes such plate, insert tag, decal or other evidence of registration to appear to be a different color.
341.61(4)
(4) Possesses a fraudulently or unlawfully obtained registration plate, insert tag, decal or other evidence of registration.
341.61(5)
(5) Possesses a counterfeit registration plate, insert tag, decal or other evidence of registration.
341.615
341.615
Reproducing evidence of registration prohibited. Except as authorized by the department, any person who reproduces, by any means whatever, a registration plate, insert tag, decal or other evidence of registration shall forfeit not less than $200 nor more than $500.
341.615 History
History: 1995 a. 128.
341.62
341.62
False evidence of registration. Whoever operates or possesses a motor vehicle, recreational vehicle, trailer or semitrailer having attached thereto any plate or similar device fashioned in imitation or facsimile of or altered so as to resemble a registration plate issued by the department may be required to forfeit not more than $500.
341.625
341.625
Special registration plates. 341.625(2)(b)(b) A member of a disabled parking enforcement assistance council under
s. 349.145 who observes a violation of this section may prepare a written report indicating that a violation has occurred. The report shall contain, if applicable, the time and location at which the violation occurred, and any other relevant information relating to the violation.
341.625(2)(c)
(c) Within 24 hours after observing the violation, the member may deliver the report to a traffic officer of the political subdivision in which the violation occurred. A report which does not contain all of the information in
par. (b) shall nevertheless be delivered and shall be maintained by the political subdivision for statistical purposes.
341.625(2)(d)1.1. Within 48 hours after receiving a report containing all of the information in
par. (b) and after conducting an investigation, the traffic officer may prepare a uniform traffic citation under
s. 345.11 for the violation and may personally serve it upon the person.
341.625(2)(d)2.
2. If with reasonable diligence the person cannot be served under
subd. 1. or if the person lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the person's last-known address.
341.625 History
History: 1993 a. 256.
341.63
341.63
When registration to be suspended. 341.63(1)
(1) The department shall suspend the registration of a vehicle when:
