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, and shall furnish a certification by a person designated by the department by rule to the effect that the physical description of the motor vehicle has been checked and conforms to the description given in the application.
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% 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)(i)
(i) A place for an applicant who is a natural person to designate that the applicant's name, street address, post-office box number and 9-digit extended zip code may not be disclosed as provided in
s. 341.17 (9), a statement indicating the effect of making such a designation and a place for an applicant who has made a designation under this paragraph to reverse the designation. The department may provide for these designations and statement on an alternative form.
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(1m)
(1m) On the form 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 may be fined not more than $5,000 or imprisoned not more than 5 years or both.
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 Annotation
Sub. (2) is not limited to false statements made by applicant, but may include dealer. State v. Williams, 156 W (2d) 296, 456 NW (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% 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 may be fined not more than $5,000 or imprisoned for not more than 5 years or both.
342.065 History
History: 1993 a. 63 s.
5,
6,
11.
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 the required fees, a properly assigned salvage certificate of title for the vehicle and any other transfer document required by law, and by the certificate of inspection under
sub. (4).
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 salvage title in
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% 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.
342.08
342.08
Department to examine records. The department shall check the application for a certificate of title against the records of stolen vehicles in the department of justice:
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.
342.09
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.
342.10
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)(d)
(d) A description of the vehicle, including make, model and identification number.
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(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 Annotation
Certificate of title is not conclusive evidence of ownership; purpose of (5) is to furnish convenient evidence of vehicle ownership. Nat. Exchange Bank of Fond du Lac v. Mann, 81 W (2d) 352, 260 NW (2d) 716.
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
