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)
(2) An owner or person in possession of the owner's certificate of title, as shown by the records of the department, shall promptly deliver the 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(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 or other person in possession of the owner's certificate of title who fails to deliver the certificate of title to a secured party requesting it pursuant to
sub. (2) 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. Subject to
s. 409.311 (4), 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 History
History: 2001 a. 10.
342.24 Annotation
Motor vehicle law provisions relating to security do not apply to a mobile home that has become a fixture. George v. Commercial Credit Corp.
440 F.2d 551 (1971).
342.245
342.245
Electronic processing of certain applications. 342.245(1)(1) Except as provided in
sub. (3), a secured party shall file a security interest statement and pay the fee under
s. 342.19 (2) (a) 2. and deliver a release of a security interest under
s. 342.22 (1) (b) utilizing an electronic process prescribed by the department under
sub. (4).
342.245(2)
(2) Upon receipt of a certificate of title as provided in
s. 342.20 (1), a person required to file a security interest statement under
sub. (1) shall destroy the certificate of title.
342.245(3)
(3) The department may, by rule, exempt a person or a type of transaction from the requirements of
sub. (1). Any person who is exempted under this subsection shall pay a fee to the department for processing applications submitted by the person under
s. 342.19 (2) (a) 1. and releases submitted under
s. 342.22, utilizing a process other than an electronic process.
342.245(4)
(4) The department shall promulgate rules to implement and administer this section.
342.245 History
History: 2009 a. 28.
342.245 Cross-reference
Cross-reference: See also ch.
Trans 148, Wis. adm. code.
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.
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 Cross-reference
Cross-reference: See also ch.
Trans 155, Wis. adm. code.
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) Except as provided in this subsection, an identification number assigned by the department to a vehicle shall be permanently affixed to a location on the vehicle specified by the department that is readily visible when observed from outside the vehicle. 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. The department shall establish forms to be provided to vehicle owners specifying the location, for various types of vehicles, where identification numbers assigned by the department shall be stamped or affixed.
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) is guilty of a Class H felony.
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 Wis. 2d 95,
551 N.W.2d 850 (Ct. App. 1996),
96-0012.
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) is guilty of a Class H felony.
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 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 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).
342.34(3)
(3) No certificate of title may be issued for a junk vehicle or for a vehicle which has been junked or destroyed.
342.34(3m)
(3m) In determining whether a vehicle meets the definition of a junk vehicle for purposes of this section or
s. 342.15 (1) (a), the department may promulgate rules specifying the conditions under which a vehicle shall be considered incapable of operation or use upon a highway.
342.34(4)(a)(a) Any person violating
sub. (1) or
(2) may be required to forfeit not more than $200.
342.34(4)(b)
(b) Any person who with intent to defraud violates
sub. (1) or
(2) may be required to forfeit not more than $1,000.
342.40
342.40
Vehicle abandonment prohibited; removal; disposal. 342.40(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.
342.40(1m)
(1m) No person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public highway or private or public property, for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Except as otherwise provided in this section, whenever any vehicle has been left unattended without the permission of the property owner for more than 48 hours in cities of the 1st class and, in other cities, villages and towns, a period set by the governing body thereof, the vehicle is deemed abandoned and constitutes a public nuisance. A motor vehicle shall not be considered an abandoned motor vehicle when it is out of ordinary public view, or when designated as not abandoned by a duly authorized municipal or county official pursuant to municipal or county ordinance.
342.40(2)
(2) Any vehicle in violation of this section shall be impounded until lawfully claimed or disposed of under
sub. (3) except that if it is deemed by a duly authorized municipal or county representative that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked or sold by the municipality or county prior to expiration of the impoundment period upon determination by the chief of police or sheriff having jurisdiction that the vehicle is not stolen or otherwise wanted for evidence or other reason. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with
sub. (3) (c).
342.40(3)
(3) Any municipality or county may enact ordinances governing the removal and disposal of abandoned vehicles and, except for abandoned vehicles that have been stolen, provide a forfeiture in addition to providing for the recovery by the municipality or county of the cost of impounding and disposing of the vehicle.
342.40(3)(a)
(a) Any municipal or university police officer, police officer appointed under
s. 16.84 (2), sheriff's deputy, county traffic patrolman, state traffic officer or conservation warden who discovers any motor vehicle, trailer, semitrailer, or mobile home on any public highway or private or public property which has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment. Upon removal of the vehicle the officer or warden shall notify the sheriff or chief of police of the abandonment and of the location of the impounded vehicle. Upon causing the removal of the motor vehicle by a towing service, the officer or warden shall, within 24 hours of ordering the removal, notify the towing service of the name and last-known address of the registered owner and all lienholders of record of the vehicle, unless the officer is employed by a municipality or county that has entered into a towing services agreement which requires the municipality or county to provide notice to such owner and lienholders of the towing.
342.40(3)(b)
(b) The owner of any abandoned vehicle except a stolen vehicle is responsible for the abandonment and all costs of impounding and disposing of the vehicle. Costs not recovered from the sale of the vehicle may be recovered in a civil action by the municipality against the owner. Whether or not the municipality recovers the cost of towing and enforcement, the municipality shall be responsible to the towing service for requisitional towing service and reasonable charges for impoundment.
