342.08 Cross-reference
Cross Reference: See also ch.
Trans 196, Wis. adm. code.
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.
342.09 Cross-reference
Cross Reference: See also chs.
Trans 157 and
195, Wis. adm. code.
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(3)(h)
(h) That the vehicle was a hail-damaged vehicle. This paragraph does not apply to a hail-damaged vehicle that was repaired with any replacement part, as defined in
s. 632.38 (1) (e).
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.
342.12(4)(a)(a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating
s. 346.63 (1) or
(2),
940.09 (1) or
940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under
s. 343.307 (1). Except as provided under
par. (c), the department may not issue a certificate of title transferring ownership of the motor vehicle owned by the person and involved in the violation upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.
342.12(4)(b)
(b) Except as provided under
par. (c), the department may not issue a certificate of title transferring ownership of the motor vehicle owned by a person and involved in the violation upon receipt of a notice of intent to revoke the person's operating privilege under
s. 343.305 (9) (a), if the person has 3 or more prior convictions, suspensions or revocations, as counted under
s. 343.307 (1), until the court assigned to the hearing under
s. 343.305 (9) issues an order permitting the department to issue a certificate of title.
342.12(4)(c)1.1. The department shall issue a certificate of title transferring ownership of a motor vehicle that was subject to the restrictions under
par. (a) or
(b) if all of the following conditions are met:
342.12(4)(c)1.a.
a. The person requesting the issuance of the certificate of title purchased the motor vehicle in good faith and without knowledge of the criminal complaint described in
par. (a) or of the notice of intent to revoke a person's operating privilege under
par. (b).
342.12(4)(c)1.b.
b. The certificate of title to the motor vehicle does not contain the notation stamped on the certificate of title by the clerk of circuit court under
s. 346.65 (6) (a) 2m.
342.12(4)(c)1.c.
c. The person requesting the issuance of the certificate of title files an affidavit with the department attesting that the conditions under
subd. 1. a. and
b. are met.
342.12(4)(c)1.d.
d. The department has no valid reason for not issuing a certificate of title other than the prohibitions under
par. (a) or
(b).
342.12(4)(c)2.
2. Any person providing a false affidavit under
subd. 1. c. shall forfeit not more than $1,000.
342.13
342.13
Lost, stolen or mutilated certificates. 342.13(1)
(1) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain the legend "This is a replacement certificate and may be subject to the rights of a person under the original certificate". If applicable under
s. 346.65 (6), the replacement certificate of title shall include the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval".
342.13(3)
(3) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the department.
342.14
342.14
Fees. The department shall be paid the following fees:
342.14(1)
(1) For filing an application for the first certificate of title, $8.50, by the owner of the vehicle.
342.14(1r)
(1r) Upon filing an application under
sub. (1) or
(3), an environmental impact fee of $9, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This subsection does not apply after December 31, 2003.
342.14(2)
(2) For the original notation and subsequent release of each security interest noted upon a certificate of title, a single fee of $4 by the owner of the vehicle.
342.14(3)
(3) For a certificate of title after a transfer, $8.50, by the owner of the vehicle.
342.14(3m)
(3m) Upon filing an application under
sub. (1) or
(3), a supplemental title fee of $7.50 by the owner of the vehicle, except that this fee shall be waived with respect to an application under
sub. (3) for transfer of a decedent's interest in a vehicle to his or her surviving spouse. The fee specified under this subsection is in addition to any other fee specified in this section.
342.14(4)
(4) For each assignment of a security interest noted upon a certificate of title, $1 by the assignee.
342.14(5)
(5) For a replacement certificate of title, $8, by the owner of the vehicle.
342.14(7)
(7) For processing applications for certificates of title which have a special handling request for fast service, a fee to be established by rule which shall approximate the cost to the department for providing this special handling service to persons so requesting.
342.14(8)
(8) For the reinstatement of a certificate of title previously suspended or revoked, $25, except that if the certificate of title and registration of a vehicle are suspended or revoked as a result of the same occurrence, payment of the fee under
s. 341.36 (1) shall apply to the reinstatement of both the registration and certificate of title. The fee under this subsection is in addition to any other fee specified in this section.
342.14 Cross-reference
Cross Reference: See also ch.
Trans 196, Wis. adm. code.
