342.03
342.03
Motor vehicle, trailer or semitrailer leases. Notwithstanding
s. 401.201 (2) (t) or
ch. 409, a transaction involving a motor vehicle, trailer or semitrailer does not create a conditional sale or a security interest merely because it includes a provision that permits or requires the rental price to be adjusted under the agreement by reference to the amount realized upon the sale or other disposition of the motor vehicle, trailer or semitrailer.
342.03 History
History: 1991 a. 148;
2009 a. 320.
342.05
342.05
When certificate of title required. 342.05(1)
(1) The owner of a vehicle subject to registration in this state, whether or not such vehicle is operated on any highway of this state, shall make application for certificate of title for the vehicle under the following circumstances:
342.05(1)(a)
(a) If the owner has newly acquired the vehicle, he or she shall make application under
s. 342.15.
342.05(1)(b)
(b) If the owner applies for registration of a vehicle without holding a valid certificate of title previously issued to that owner by the department for the vehicle, he or she shall at the same time apply for a certificate of title.
342.05(2)
(2) Except as provided in
sub. (3), an applicant's eligibility for a certificate of title is a prerequisite to registration of the vehicle. If the applicant for registration holds a valid certificate of title previously issued to the applicant by the department for the vehicle, that is prima facie evidence of ownership of the vehicle and the applicant need not apply for a new certificate of title on application for registration.
342.05(3)
(3) This section does not apply in a situation where the law expressly authorizes registration of a vehicle in the name of a person other than the owner or where the law expressly authorizes registration without a certificate of title.
342.05(4)
(4) Any owner who operates or consents to the operation of a vehicle for which a certificate of title is required without such certificate having been issued or applied for or any other person who operates a vehicle for which a certificate of title is required, knowing that the certificate of title has not been issued or applied for, 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 and with postage prepaid.
342.05(5)
(5) Unless otherwise authorized by rule of the department, a nonresident owner of a vehicle that is not subject to registration in this state may not apply for a certificate of title under this chapter unless the vehicle is subject to a security interest or except as provided in
s. 342.16 (1) (a). Notwithstanding any other provision of this section, a nonresident may purchase temporary operation plates under
s. 341.09 (4). Any temporary operation permit or plate issued under
s. 341.09 shall not be considered registration of the vehicle for purposes of this subsection.
342.06
342.06
Application for certificate of title. 342.06(1)
(1) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee and any applicable taxes. Information obtained by the department under this subsection shall be provided to the department of revenue for the purposes of administering state taxes and collecting debt. Each application for certificate of title shall include the following information:
Effective date text
(1) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee and any applicable taxes. The department shall provide the information it obtains under this subsection to the department of revenue for the sole purpose of administering state taxes. Each application for certificate of title shall include the following information:
342.06(1)(b)
(b) A description of the vehicle, including make, identification number and any other information or documentation that the department may reasonably require for proper identification of the vehicle or for determination of the mileage of the vehicle as disclosed by prior transferors.
342.06(1)(c)
(c) The date of purchase by the applicant, the name and address of the person from whom the vehicle was acquired and the names and addresses of any secured parties in the order of their priority.
342.06(1)(d)
(d) If the vehicle is a new vehicle being registered for the first time, the signature of a dealer authorized to sell that new vehicle, the total of the number of tires normally used on the vehicle during its operation on the highways plus the number of any spare tires with which the vehicle is normally equipped and the manufacturer's document of origin. The document of origin shall contain the information specified by the department.
342.06(1)(e)
(e) Any further evidence of ownership which may reasonably be required by the department to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle.
342.06(1)(eg)
(eg) Except as provided in
par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of children and families for the sole purpose of administering
s. 49.22, to the department of workforce development for the sole purpose of enforcing or administering
s. 108.22, and to the department of revenue for the purposes of administering state taxes and collecting debt.
342.06(1)(eh)
(eh) If the applicant 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 children and families. A certificate of title that is issued in reliance on a statement submitted under this paragraph is invalid if the statement is false.
342.06(1)(em)
(em) Any further evidence which may reasonably be required by the department to enable it to determine whether any of the information specified in
s. 342.10 (3) (c) to
(h) may be applicable to the vehicle.
342.06(1)(f)
(f) If the identification number of the vehicle has been removed, obliterated or altered, or if the original casting has been replaced, or if the vehicle has not been numbered by the manufacturer, the application for certificate of title shall so state. If the identification number of the vehicle was originally based on an engine number and the engine number is no longer pertinent to the vehicle because of subsequent engine changes and no other manufacturer's identification number, chassis number or serial number exists, the department shall assign a new identification number for the vehicle under
s. 342.30 (1m).
342.06(1)(g)
(g) If the vehicle is a used motor vehicle which was last previously registered in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement pertaining to the title history and ownership of such motor vehicle, such statement to be in the form the department prescribes.
342.06(1)(h)
(h) If the applicant for certificate of title for a motor vehicle intends to utilize that vehicle as a taxicab or for public transportation, the applicant shall state that fact in the application. If the applicant knows that the vehicle has previously been used as a taxicab or for public transportation and that fact is not noted on the old certificate of title, the applicant shall state in the application that the vehicle has previously been so used.
342.06(1)(hm)
(hm) If the applicant for certificate of title for a motor vehicle intends to utilize that vehicle as a police vehicle by a law enforcement agency, the applicant shall state that fact in the application. If the applicant knows that the vehicle has previously been used as a police vehicle by a law enforcement agency and that fact is not noted on the old certificate of title, the applicant shall state in the application that the vehicle has previously been so used.
342.06(1)(hr)
(hr) If the vehicle is less than 7 years old, is damaged by collision or other occurrence to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 30 percent of its fair market value and was transferred to an insurer upon payment of an insurance claim, the insurer shall state that fact in the application. If the applicant knows that the vehicle had been transferred to an insurer upon payment of an insurance claim and that fact is not noted on the old certificate of title, the applicant shall state in the application that the vehicle has previously been so transferred. This paragraph does not apply to salvage vehicles.
342.06(1)(j)
(j) For a motor vehicle of a model year less than 10 years old, the certificate of title of the person transferring the title to the applicant or, if applicable, the manufacturer's document of origin; the mileage disclosure statement required under
s. 342.155 (1); and, if applicable, the power of attorney required under
15 USC 1988 or rules of the department.
342.06(1)(k)
(k) If the vehicle is an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less and a temporary operation plate has been issued for the vehicle under
s. 341.09 (2m) (a) 1. b. or
2., the registration number of the temporary operation plate.
342.06(1m)
(1m) On the form or in the automated format for application for a certificate of title, the department may show the fee under
s. 342.14 (3m) separately from the fee under
s. 342.14 (1) or
(3).
342.06(2)
(2) Any person who knowingly makes a false statement in an application for a certificate of title is guilty of a Class H felony.
342.06(3)
(3) Any person intending to use a vehicle as a taxicab or for public transportation who fails to state such intent in the application for certificate of title or any person who fails to furnish any other information required by
sub. (1) (h) may be required to forfeit not more than $1,000.
342.06 History
History: 1973 c. 218;
1975 c. 121,
286;
1977 c. 29 s.
1654 (7) (a);
1987 a. 110,
349;
1991 a. 39,
269,
309,
316;
1993 a. 63,
159,
165,
490;
1997 a. 27,
191,
283;
1999 a. 9,
80,
88;
2001 a. 109;
2005 a. 25,
59;
2007 a. 20,
138;
2013 a. 36.
342.06 Cross-reference
Cross-reference: See also chs.
Trans 156 and
157, Wis. adm. code.
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 percent 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 is guilty of a Class H felony.
342.065 History
History: 1993 a. 63 s.
5,
6,
11;
1997 a. 283;
2001 a. 109.
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 percent 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.
342.07 Cross-reference
Cross-reference: See also ch.
Trans 149, Wis. adm. code.
342.08
342.08
Department to examine records. The department shall check the application for a certificate of title against records of stolen vehicles:
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.
342.08 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)(a)(a) 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, except as provided in
par. (b), deliver a certificate to the owner of the vehicle.
342.09(1)(b)
(b) If there is a perfected security interest in a vehicle, the department shall deliver the certificate of title to the secured party having the primary perfected security interest in 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(4)(a)(a) The department may maintain any certificate of title or other information required to be maintained under this section in an automated format and may consider any record maintained in an automated format under this paragraph to be the original and controlling record, notwithstanding the existence of any printed version of the same record.
342.09(4)(b)
(b) Records maintained by the department under this section are the official 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."
