342.06 Annotation
A violation of sub. (2) does not require that the person who makes the false statement must submit the application and is not limited to false statements made by an applicant. State v. Williams,
156 Wis. 2d 296,
456 N.W.2d 864 (Ct. App. 1990).
342.065
342.065
Title for salvage vehicle. 342.065(1)(a)(a) A purchaser of a salvage vehicle that is not currently titled as a salvage vehicle shall, promptly after delivery to him or her of the salvage vehicle, apply for a salvage vehicle certificate of title by submitting to the department the properly assigned certificate of title under
s. 342.15 (1) (c) or other evidence of ownership, the applicant's statement that the vehicle is a salvage vehicle, an application for a salvage certificate of title and the required fee.
342.065(1)(b)
(b) The owner of a salvage vehicle that is not currently titled as a salvage vehicle shall promptly apply for a salvage vehicle certificate of title by submitting to the department the certificate of title for the vehicle or other evidence of ownership, the applicant's statement that the vehicle is a salvage vehicle, an application for a salvage certificate of title and the required fee. This paragraph does not apply to a salvage vehicle that is purchased by a salvage vehicle purchaser subject to the requirements of
par. (a).
342.065(1)(c)
(c) If the interest of an owner in a vehicle that is titled in this state is not transferred upon payment of an insurance claim that, including any deductible amounts, exceeds 70% of the fair market value of the vehicle, any insurer of the vehicle shall, within 30 days of payment of the insurance claim, notify the department in writing of the claim payment and that the vehicle meets the statutory definition of a salvage vehicle, in the manner and form prescribed by the department.
342.065(2)
(2) Upon notification from an insurer under
sub. (1) (c), the department shall promptly notify the owner of the salvage vehicle that he or she is required to apply for a salvage vehicle certificate of title under
sub. (1) (b).
342.065(3)
(3) Upon compliance with the requirements of
sub. (1), the department shall issue a salvage vehicle certificate of title for the vehicle. The certificate shall include the words "This is a salvage vehicle".
342.065(4)(a)(a) Except as provided in
par. (b), any person who violates
sub. (1) may be required to forfeit not more than $1,000.
342.065(4)(b)
(b) Any person who violates
sub. (1) with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both.
342.065 History
History: 1993 a. 63 s.
5,
6,
11;
1997 a. 283.
342.07
342.07
Title for repaired salvage vehicle. 342.07(1)
(1) Application for registration of and a new certificate of title for a repaired salvage vehicle must be accompanied by all of the following:
342.07(1)(b)
(b) A properly assigned salvage certificate of title or a properly assigned certificate of title by a dealer under
s. 342.16 (1) (a) for the vehicle.
342.07(1)(c)
(c) Any other transfer document required by law.
342.07(2)
(2) A repaired salvage vehicle may not be registered or be issued a new certificate of title until an inspector authorized by the department examines it for the following, as specified in rules promulgated by the department:
342.07(2)(a)
(a) To determine whether the vehicle is the same vehicle for which the title submitted under
sub. (1) was issued;
342.07(2)(b)
(b) To verify the source and ownership of the major parts and components used to recondition the vehicle; and
342.07(2)(c)
(c) To determine whether the vehicle is in compliance with safety equipment requirements.
342.07(3)(a)(a) The applicant shall pay a fee of $80 to the department for the examination in
sub. (2).
342.07(3)(b)
(b) If the examination is conducted by an inspector employed by a city, village, town or county, 75% of the fee paid under
par. (a) shall be credited to the appropriation under
s. 20.395 (5) (ch) and the city, village, town or county employing the inspector shall be reimbursed this amount from that appropriation.
342.07(4)
(4) If the vehicle passes the examination in
sub. (2), the inspector shall provide the applicant with an inspection certificate showing that the vehicle satisfies the inspection standards.
342.08
342.08
Department to examine records. The department shall check the application for a certificate of title against the records of stolen vehicles in the department of justice:
342.08(1)
(1) Before issuing a certificate of title for a vehicle last previously registered in another jurisdiction.
342.08(2)
(2) Upon receipt of an application for a certificate of title showing a transfer of ownership of a vehicle.
342.09
342.09
When department to issue certificate and to whom; maintenance of records. 342.09(1)
(1) The department shall maintain a record of each application for certificate of title received by it and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue and deliver a certificate to the owner of the vehicle.
342.09(2)
(2) The department shall maintain a record of all applications and all certificates of title issued by it:
342.09(2)(b)
(b) According to engine or identification number.
342.09(2)(c)
(c) Alphabetically, according to name of owner.
342.09(2)(d)
(d) In any other manner which the department determines to be desirable.
342.09(3)
(3) The department shall charge a fee of not less than $2 for conducting a file search of vehicle title records.
342.10
342.10
Contents of certificate of title. 342.10(1)
(1) Each certificate of title issued by the department shall contain:
342.10(1)(b)
(b) The names of any secured parties in the order of priority as shown on the application or, if the application is based on another certificate of title, as shown on such certificate.
342.10(1)(bm)
(bm) Notwithstanding
s. 342.02 (2), if the applicant is named in a statewide support lien docket provided under
s. 49.854 (2) (b), a notation stating "Per section 49.854 (2) of the Wisconsin Statutes, the state of Wisconsin has a lien on this vehicle for unpaid support."
342.10(1)(d)
(d) A description of the vehicle, including make and identification number, except that if the vehicle was last registered in another jurisdiction the make and model contained in the certificate shall be the make and model contained in the last certificate of title issued by the other jurisdiction.
342.10(1)(dm)
(dm) The mileage disclosure statement required under
s. 342.155, and any notations or qualifying statements explaining the odometer reading specified by the department by rule.
342.10(1)(e)
(e) Any other data which the department deems pertinent and desirable.
342.10(2)(a)(a) The certificate of title shall contain spaces for all of the following:
342.10(2)(a)3.
3. Reassignment and warranty of title by a dealer or wholesaler.
342.10(2)(a)4.
4. Any information required by the department when a motor vehicle is sold at a motor vehicle auction or motor vehicle salvage pool.
342.10(2)(b)
(b) The certificate of title may contain spaces for application for a certificate of title by a transferee and for the naming of a secured party and the assignment or release of a security interest.
342.10(3)
(3) Before issuing a new or duplicate certificate of title for a motor vehicle, the department shall permanently record any of the following information, if applicable, on such certificate:
342.10(3)(a)
(a) That the vehicle was previously licensed and used as a taxicab or for public transportation.
342.10(3)(b)
(b) That the vehicle was previously licensed and used as a police vehicle by a law enforcement agency.
342.10(3)(c)
(c) That the vehicle was not manufactured in compliance with all federal emission and safety standards applicable at the time of manufacture, whether or not the vehicle was subsequently modified to meet such standards, and that the vehicle is "non-USA standard".
342.10(3)(d)
(d) That the vehicle was a flood damaged vehicle.
342.10(3)(e)
(e) That the vehicle was a manufacturers buyback vehicle.
342.10(3)(f)
(f) That the vehicle was previously a salvage vehicle.
342.10(3)(g)
(g) That the vehicle was transferred to an insurer upon payment of an insurance claim. This paragraph does not apply to salvage vehicles.
342.10(4)
(4) Unless the applicant fulfills the requirements of
s. 342.12 (3), a distinctive certificate of title shall be issued for a vehicle last previously registered in another jurisdiction the laws of which do not require that secured parties be named on a certificate of title to perfect their security interests. The certificate shall contain the legend "This vehicle may be subject to an undisclosed security interest" and may contain any other information the department prescribes. If no notice of a security interest in the vehicle is received by the department within 4 months from the issuance of the distinctive certificate of title, it shall, upon application and surrender of the distinctive certificate, issue a certificate of title in ordinary form.
342.10(5)
(5) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.
342.10(6)
(6) A certificate of title may be issued by the department in an automated format.
342.10 Annotation
A certificate of title is not conclusive evidence of ownership. The purpose of sub. (5) is to furnish convenient evidence of vehicle ownership. National Exchange Bank of Fond du Lac v. Mann,
81 Wis. 2d 352,
260 N.W.2d 716 (1977).
342.11
342.11
Grounds for refusing issuance of certificate of title. The department shall refuse issuance of a certificate of title if any required fee has not been paid or for any of the following reasons:
342.11(1)
(1) The department has reasonable grounds to believe that:
342.11(1)(a)
(a) The person alleged to be the owner of the vehicle is not the owner.
342.11(1)(b)
(b) The application contains a false or fraudulent statement.
342.11(2)
(2) The applicant has failed to furnish any of the following:
342.11(2)(b)
(b) Unless exempted by rule of the department, the mileage disclosure from the most recent titled owner and of all subsequent nontitled owners of the vehicle.
342.11(2)(c)
(c) Any other information or documents required by law or by the department pursuant to authority of law.
342.11(3)
(3) The applicant is a motor vehicle dealer and is prohibited from applying for a certificate of title under
s. 342.16 (1) (a) or
(c).
342.11(4)
(4) Except as provided in
ss. 342.05 (5) and
342.16 (1) (a) for a certificate of title and registration for a vehicle owned by a nonresident, the applicant is a nonresident and the issuance of a certificate of title has not otherwise been authorized by rule of the department. Any temporary operation permit or plate issued under
s. 341.09 shall not be considered registration of the vehicle for purposes of this subsection.
342.12
342.12
Withholding certificate of title; bond. 342.12(1)
(1) No certificate of title shall be issued by the department until the outstanding evidence of ownership is surrendered to the department.
342.12(2)
(2) If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the department, subject to
sub. (3), shall either:
342.12(2)(a)
(a) Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or
342.12(3)
(3) Notwithstanding
sub. (2), the department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements:
342.12(3)(a)
(a) The applicant is a dealer licensed under
ss. 218.0101 to
218.0163 or
218.11 and is financially responsible as substantiated by the last financial statement on file with the licensor, a finance company licensed under
ss. 138.09 or
218.0101 to
218.0163, a bank organized under the laws of this state, or a national bank located in this state; or
342.12(3)(b)
(b) The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to one and one-half times the value of the vehicle as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title for the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the vehicle, or if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.
