Chapter Trans 142

Trans 142.07(4)(a) (a) Each dealer furnishes the department with written notification of the sale and location at least 10 days in advance; and

Trans 142.07(4)(b) (b) The duration of each sale does not exceed 10 days; and

Trans 142.07(4)(c) (c) The dealer does not participate in more than 6 sales during each licensing (calendar) year; and

Trans 142.07(4)(d) (d) Each participating dealer furnishes each consumer a written notice of the 3-day “cooling off” rights pursuant to s. 423.203, Stats.

Trans 142.07(5) (5) Records kept. The minimum of books and records required to be kept and maintained at the licensed business premises by recreational vehicle dealers under ss. 218.11 (3) and (7) (c) and 342.16 (2), Stats., shall include:

Trans 142.07(5)(a) (a) The title for each used recreational vehicle owned and offered for sale and the manufacturer’s statement of origin for each new recreational vehicle owned and offered for sale. The dealer shall also have either a factory invoice, a completed retailer reassignment form, or a purchase contract evidencing trade-in or purchase when a manufacturer or lending institution is holding the title or manufacturer’s statement of origin of the recreational vehicle.

Trans 142.07(5)(b) (b) A written consignment agreement between the owner and dealer for each recreational vehicle owned by an individual and offered for sale by the dealer.

Trans 142.07(5)(c) (c) The original or a copy of all recreational vehicle purchase contracts, purchase orders and invoices. The records shall also include a copy of Wisconsin title and registration application forms submitted to the department as additional evidence of the sale as well as information regarding collection of Wisconsin title and registration fees.

Trans 142.07(5)(d) (d)

Trans 142.07(5)(d)1. 1. The following information shall be kept on every recreational vehicle bought, sold, exchanged or consigned:

Trans 142.07(5)(d)1.a. a. Date of acquisition of the vehicle.

Trans 142.07(5)(d)1.b. b. Name and address of the person from whom the vehicle was acquired.

Trans 142.07(5)(d)1.c. c. Whether the vehicle was new or used.

Trans 142.07(5)(d)1.d. d. The year, make and vehicle identification number, or VIN, of the vehicle.

Trans 142.07(5)(d)1.e. e. The date of the disposition of the vehicle.

Trans 142.07(5)(d)1.f. f. The name and address of the person to whom any vehicle was disposed.

Trans 142.07(5)(d)2. 2. Persons requiring a license who do not maintain their records in an electronic data processing record keeping system shall maintain the information required in subd. 1. in a permanently bound book containing consecutively pre-numbered pages with horizontal line ruling. Initial entries shall be made immediately when each recreational vehicle is acquired. Sales information shall be entered on the same line at the time of the sale. All entries shall be consecutively entered in ink and be legible. Blank horizontal lines shall not be allowed. The information should be maintained in the following format:

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Trans 142.07(5)(d)3. 3. Persons requiring a license who maintain their records in an electronic data record keeping system shall maintain the information required in subd. 1. in compliance with the following requirements:

Trans 142.07(5)(d)3.a. a. One record shall contain all of the information specified in subd. 1.

Trans 142.07(5)(d)3.b. b. Initial entries shall be made immediately when each recreational vehicle is acquired.

Trans 142.07(5)(d)3.c. c. The information shall be accessible for inspection and shall be retrievable electronically by the date acquired, name of person from whom the vehicle was acquired, VIN, date sold, and name of person to whom the vehicle was disposed.

Trans 142.07(5)(d)3.d. d. All records shall be retrievable during the inspection and a printer shall be kept on site to provide hard copy if requested. Hard copy shall include all information in the same format as specified in subd. 2. Horizontal and vertical lines are not required.

Trans 142.07(5)(d)3.e. e. An employee of the person requiring a license shall be available to retrieve the records during the hours of operation of the business.

Trans 142.07(5)(e) (e) The information as specified in par. (d) shall be maintained for 5 years, as required by s. 342.16, Stats., and all other required records shall be maintained for a period of 5 years from the date of sale, including facsimile copies of factory invoices, dealer reassignment forms, consignment agreements, purchase contracts, MV1 and MV11 Wisconsin title and registration applications, used recreational vehicle disclosure labels, regular and conforming power of attorney forms, and for motor vehicles taken in trade, prior owner odometer disclosure statements and dealer’s subsequent odometer disclosure statements. The records shall be kept in the place of business during business hours and shall be open to inspection and copying by the department during reasonable business hours.

Trans 142.07(5)(f) (f) Persons requiring a license who maintain their used vehicle records as specified in par. (d) in an electronic data processing record keeping system can satisfy the record retention requirement in par. (e) with hard copy of their records when memory limitations of the electronic system prohibit electronic storage for the specified period. Hard copy shall meet the following requirements:

Trans 142.07(5)(f)1. 1. Hard copy shall include only those records of vehicles that have been disposed of. Incomplete records of vehicles acquired and still in inventory must be maintained on the electronic system until disposed of and the record is completed.

Trans 142.07(5)(f)2. 2. Hard copy shall include all information in the same format as specified in par. (d) 2. Horizontal and vertical line ruling shall not be required.

Trans 142.07(5)(f)3. 3. Hard copy shall be printed in the order of the date acquired and each report shall contain at least 12 consecutive months of vehicle acquisitions.

Trans 142.07(5)(f)4. 4. Hard copy shall contain system generated page numbers and the current date on every page.

Trans 142.07 Note Note: Dealer financial responsibility requirements are specified in ch. Trans 140.

Trans 142.07 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; renum. (5) (d) to be (5) (d) 2. and am., cr. (5) (d) 1. and 3., (f), am. (5) (e), Register, January, 1996, No. 481, eff. 2-1-96; 2013 Wis. Act 363: am. (5) (c) Register May 2014 No. 701, eff. 6-1-14.