Ch. Trans 139 NoteNote: Chapter MVD 24 as it existed on December, 31, 1982 was repealed and recreated as chapter Trans 139 effective January 1, 1983.

Trans 139.01(1)(1) Statutory authority. As authorized by ss. 110.06, 218.0152, and 227.11, Stats., the purpose of this chapter is to establish the department’s administrative interpretation of ss. 218.0116 (1) (cm), (e), (gm), (im) 2., (j), and (km), 218.0141, and 218.0146, Stats., relating to motor vehicle trade practices.

Trans 139.01(2)(2) Applicability. This chapter applies to any person applying for or holding a Wisconsin motor vehicle salvage dealer, manufacturer, distributor wholesale auction, dealer or salesperson license.

Trans 139.01(3)(3) This chapter applies to any sale or lease of a vehicle by a dealer to a person within the state of Wisconsin if the vehicle is delivered within the boundaries of this state notwithstanding any contractual agreement between the dealer and person to the contrary.

Trans 139.01 HistoryHistory: Cr. Register, December, 1982, No. 324, eff. 1-1-83; am. (1), Register, May, 1985, No. 353, eff. 6-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; am. (2), Register, May, 1997, No. 497, eff. 9-1-97; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register July 2002 No. 559; CR 99-135: cr. (3) Register February 2004 No. 578, eff. 3-1-04.

Trans 139.02Trans 139.02 Definitions. Words and phrases defined in ss. 340.01 and 342.01, Stats., apply to this chapter unless a different definition is specified. In this chapter:

Trans 139.02(1)(1) “Business use” means any motor vehicle owned or leased by either of the following:

Trans 139.02(2)(2) “Cash price” means manufacturer’s suggested retail price, or dealer asking price, including manufacturer installed options and accessories and manufacturer transportation charges, plus dealer installed options and accessories and additional dealer markup, profit and transportation charges, minus the dollar value of cash discounts.

Trans 139.02(3)(3) “Damage” means defects caused by reasons other than normal wear through vehicle age and usage.

Trans 139.02(3m)(3m) “Day” means calendar day, unless otherwise stated in this chapter. The provisions of s. 990.001 (4), Stats., apply to calculations of time under this chapter, except that a legal holiday shall be counted as a day if the dealer is open for business.

Trans 139.02(4)(4) “Demonstrator” means any untitled or non-privately titled motor vehicle which was used primarily for the purpose of demonstration to the public.

Trans 139.02(5)(5) “Executive” means any untitled or non-privately titled motor vehicle which was used primarily by executives of licensed manufacturers, distributors or dealers and not used for demonstration to the public.

Trans 139.02(6)(6) “Insurance service plan” means a repair agreement issued by an insurance company and sold by a dealer.

Trans 139.02(6m)(6m) “Lease buy-out” means the lease option price or, if there is no option price, the amount the lessee shall pay the lessor to terminate the lease and transfer title to the vehicle.

Trans 139.02(7)(7) “Lease use” means any motor vehicle leased for a period of time exceeding 4 months.

Trans 139.02(8)(8) “Licensee” means any motor vehicle manufacturer, distributor, dealer, or salesperson, or any combination thereof, licensed by the department.

Trans 139.02(9m)(9m) “Manufacturer recall” means a recall inspection or repair which the manufacturer of a vehicle has been ordered to have performed by the national highway traffic safety administration or which the manufacturer has agreed voluntarily to have performed for safety reasons.

Trans 139.02(9r)(9r) “Manufacturer warranty” means the original new vehicle warranty issued by the vehicle manufacturer. That term includes any motor home warranty issued by the vehicle engine or chassis manufacturer. Manufacturer warranty does not include a warranty issued by a manufacturer of vehicle parts or services not warranted by the vehicle manufacturer.

Trans 139.02(10)(10) “Material” means that a reasonable person would attach importance to its existence or a seller knows or had reason to know that a buyer would regard it as important. A seller has reason to know that information is material if a buyer specifically requests the information.