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(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 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.
342.12(3)
(3) Notwithstanding
sub. (2), the department may issue a 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 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 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 a notation, in a form determined by the department, identifying the certificate as a replacement certificate that 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, $18.50, 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, 2005.
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, $18.50, 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.
TRANSFER OF TITLE
342.15
342.15
Transfer of interest in a vehicle. 342.15(1)(a)(a) If an owner transfers an interest in a vehicle, other than by the creation of a security interest, the owner shall comply with the requirements of
s. 342.155 and, at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and cause the certificate to be mailed or delivered to the transferee, except that if the vehicle being transferred is a junk vehicle or has been junked, the owner shall return the certificate to the department in accordance with
s. 342.34.
342.15(1)(bm)
(bm) No person may transfer a motor vehicle without disclosing in writing to the transferee whether any of the information specified in
s. 342.10 (3) is applicable to the vehicle. No transferor shall knowingly give a false statement to a transferee in making the disclosure. The department shall prescribe the manner in which the written disclosure shall be made and retained.
342.15(1)(c)
(c) If an owner transfers his or her interest in a salvage vehicle, the owner shall at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and cause the certificate to be mailed or delivered to the transferee.
342.15(1)(d)
(d) Notwithstanding
s. 340.01 (42), any person who holds legal title of a vehicle with one or more other persons may, after June 1, 1997, transfer ownership of the vehicle under this subsection if legal title to the vehicle is held in the names of such persons in the alternative, including a vehicle held in a form designating the holder by the words "(name of one person) or (name of other person)".
342.15(2)
(2) Except as provided in
s. 342.16, the transferee shall, promptly after delivery to him or her of the vehicle, execute the application for a new certificate of title in the space provided on the certificate or as the department prescribes, and deliver or mail the certificate and application to the department. A salvage vehicle purchaser shall comply with
s. 342.065 (1) (a).
342.15(3)
(3) Except as provided in
s. 342.16 and as between the parties, a transfer by an owner is not effective until the provisions of this section have been complied with. An owner who has delivered possession of the vehicle to the transferee and has complied with the provisions of this section is not liable as owner for any damages thereafter resulting from operation of the vehicle.
342.15(4)(a)(a) If the vehicle being transferred is a motorcycle or an automobile 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 and gross weight which may subsequently be registered in his or her name.
342.15(4)(b)
(b) If the vehicle being transferred is a vehicle registered under
s. 341.26 at a special fee and the new owner will not be entitled to register the vehicle at such fee, the transferor shall remove and destroy the plates.
342.15(4)(c)
(c) In all other cases the transferor shall permit the plates to remain attached to the vehicle being transferred, except that if the vehicle has been junked the transferor shall remove and destroy the plates.
342.15(5)
(5) Any owner of a vehicle for which a certificate of title has been issued, who upon transfer of the vehicle fails to execute and deliver the assignment and warranty of title required by
sub. (1), may be required to forfeit not more than $500.
342.15(5m)(a)(a) Except as provided in
par. (b), any person who violates
sub. (1) (bm) may be required to forfeit not more than $1,000.
342.15(5m)(b)
(b) Any person who violates
sub. (1) (bm) with intent to defraud may be fined not more than $5,000.
342.15(6)(a)(a) Except as provided in
s. 342.16, any transferee of a vehicle who fails to make application for a new certificate of title immediately upon transfer to him or her of a vehicle may be required to forfeit not more than $200. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid.
342.15(6)(b)
(b) Except as provided in
s. 342.16, any transferee of a vehicle who with intent to defraud fails to make application for a new certificate of title immediately upon transfer to him or her of a vehicle may be fined not more than $1,000 or imprisoned for not more than 30 days or both. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid.
342.15(7)
(7) Any owner of a vehicle currently registered in this state who fails to comply with the requirements of
sub. (4) may be required to forfeit not more than $200.
342.15 History
History: 1971 c. 278;
1975 c. 121,
199;
1977 c. 29 ss.
1453,
1654 (7) (a);
1977 c. 79,
129,
203,
418,
447;
1983 a. 126,
227,
270,
538;
1985 a. 29,
202,
332;
1987 a. 349;
1993 a. 63,
159;
1995 a. 421;
1997 a. 27;
1999 a. 9,
80.
342.155
342.155
Mileage disclosure requirements of transferors and transferees. 342.155(1)(a)(a) Unless exempted by rule of the department, no transferor may transfer ownership of a motor vehicle without disclosing the vehicle's mileage in writing to the transferee by specifying the odometer reading. The disclosure shall state either that the reading is known to be actual mileage, or that the reading is not the actual mileage and should not be relied upon, or that the reading reflects the mileage in excess of the designed mechanical limit.
342.155(1)(b)
(b) The mileage disclosure statement required under
par. (a) shall be made in the spaces provided on the certificate of title or on a form or in an automated format authorized by the department. The transferee shall print his or her name on the mileage disclosure statement, sign the statement and return a copy of the statement to the transferor. Except as authorized by rule of the department, no person may sign a mileage disclosure statement as both the transferor and transferee in the same transaction.
342.155(1)(c)
(c) The department shall promulgate rules that do all of the following:
342.155(1)(c)1.
1. Establish the form and manner of the mileage disclosure.
342.155(1)(c)2.
2. Identify which vehicles are exempt from the mileage disclosure requirements under this subsection.
342.155(1)(c)3.
3. Prescribe the mileage disclosure requirements applicable to leasing companies and their lessees.
342.155(1)(c)4.
4. Establish requirements relating to the creation, retention and inspection of mileage disclosure records of persons who acquire or consign motor vehicles for resale or lease, including motor vehicle salvage pools and auction dealers.
342.155(1)(c)5.
5. Establish the form content and format and procedures for any power of attorney disclosing a vehicle's mileage for purposes of this section.
342.155(1)(c)6.
6. Identify and define terms relating to the mileage disclosure requirement.
342.155(2)
(2) No transferor may knowingly make a false statement, including providing an odometer reading that is different from the actual reading on the odometer, in disclosing the vehicle's mileage to a transferee under this section.
342.155(3)
(3) No transferee, nor any other person, may alter, erase or obliterate any information, including the mileage disclosure, contained on any mileage disclosure statement.
342.155(4)(a)(a) Except as provided in
par. (b), any person who violates this section may be required to forfeit not more than $1,000.
342.155(4)(b)
(b) Any person who violates this section 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 is guilty of Class H felony.
