Chapter Trans 143

Trans 143.05   Qualifications of decision makers.

Trans 143.06   Operation of the certified mechanism.

Trans 143.07   Recordkeeping.

Trans 143.08   Audits.

Trans 143.09   Openness of records and proceedings.

Trans 143.10   Certification process.

Trans 143.11   Revocation of certification.

Trans 143.01 Trans 143.01 Purpose and scope.

Trans 143.01(1) (1) Statutory authority. As authorized by s. 218.0171 (4) (a), Stats., the purpose of this chapter is to specify the process and requirements for the certification of informal dispute settlement procedures by the department of transportation as specified by s. 218.0171 (4) (a), Stats.

Trans 143.01(2) (2) Applicability. This chapter applies to any motor vehicle, as defined in s. 218.0171 (1) (d), Stats., with respect to which the contract to purchase was entered into on or after April 22, 1986.

Trans 143.01 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.02 Trans 143.02 Definitions. Words and phrases defined in ch. 340, Stats., have the same meaning in this chapter unless a different definition is specified. In this chapter:

Trans 143.02(1) (1) “Certified mechanism” is a manufacturer’s informal dispute settlement procedure for resolving consumer allegations of non-conformities in motor vehicles covered under the provisions of s. 218.0171 (2) (b), Stats., which has been reviewed and approved by the department of transportation as meeting the requirements specified in this chapter.

Trans 143.02(2) (2) “Consumer” means any of the following:

Trans 143.02(2)(a) (a) The purchaser of a new motor vehicle, if the motor vehicle was purchased from a motor vehicle dealer for purposes other than resale;

Trans 143.02(2)(b) (b) A person to whom the motor vehicle is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motor vehicle;

Trans 143.02(2)(c) (c) A person who may enforce the warranty;

Trans 143.02(2)(d) (d) A person who leases a motor vehicle from a motor vehicle lessor under a written lease.

Trans 143.02(3) (3) “Demonstrator” has the meaning set forth in s. 218.0171 (1) (bd), Stats.

Trans 143.02(4) (4) “Decision maker” means the person or persons within a certified mechanism actually deciding disputes.

Trans 143.02(5) (5) “Dispute” means an unresolved complaint initiated by a consumer which alleges a non-conformity in a motor vehicle covered under the provisions of s. 218.0171 (2) (b), Stats.

Trans 143.02(6) (6) “Executive” has the meaning set forth in s. 218.0171 (1) (bp), Stats.

Trans 143.02(7) (7) “Manufacturer” means a manufacturer as defined by s. 218.0101 (20), Stats., and agents of the manufacturer, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer’s motor vehicles, but not including a motor vehicle dealer.

Trans 143.02(8) (8) “Mechanism” means an informal dispute settlement procedure of a manufacturer.

Trans 143.02(9) (9) “Motor vehicle” has the meaning set forth in s. 218.0171 (1) (d), Stats.

Trans 143.02(10) (10) “Nonconformity” has the meaning set forth in s. 218.0171 (1) (f), Stats.

Trans 143.02(11) (11) “On the face of the warranty” means:

Trans 143.02(11)(a) (a) The page on which the warranty text begins, if the warranty is a single sheet with printing on both sides of the sheet, or if the warranty is comprised of more than one sheet; or,

Trans 143.02(11)(b) (b) If the warranty is included as a part of a longer document, such as a use and care manual, the page on which the warranty text begins; or,

Trans 143.02(11)(c) (c) The first page of a supplemental document issued by the manufacturer for the purpose of complying with this chapter.

Trans 143.02(12) (12) “Reasonable attempt to repair” has the meaning set forth in s. 218.0171 (1) (h), Stats.

Trans 143.02(13) (13) “Warrantor” means any person with the authority to give or offer to give a written warranty which incorporates a certified mechanism.

Trans 143.02(14) (14) “Written warranty” means any written affirmation of fact or written promise made in connection with the sale of a motor vehicle.

Trans 143.02 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (1), (3), (5) to (7), (9), (10), (12) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.03 Trans 143.03 Duties of the manufacturer.

Trans 143.03(1) (1) Manufacturers subscribing to a certified mechanism for resolving consumer allegations of nonconformities in motor vehicles covered under the provisions of s. 218.0171 (2) (b), Stats., shall not incorporate into a written warranty terms which fail to comply with the requirements of this chapter. This paragraph does not prohibit a manufacturer from incorporating into the terms of a written warranty the step-by-step procedure which the consumer should take in order to obtain performance of any obligation under other warranty claims.

Trans 143.03(2) (2) The manufacturer shall disclose clearly and conspicuously at least the following information on the face of the written warranty:

Trans 143.03(2)(a) (a) A statement of the availability of a certified mechanism;

Trans 143.03(2)(b) (b) The name and address of the certified mechanism, or the name and telephone number of the certified mechanism which consumers may use without charge;

Trans 143.03(2)(c) (c) A statement of the requirement that the consumer resort to a certified mechanism before initiating a legal action under s. 218.0171 (7), Stats.; and,

Trans 143.03(2)(d) (d) A statement indicating where further information on the certified mechanism can be found in materials accompanying the motor vehicle, as provided in sub. (3).

Trans 143.03(3) (3) The manufacturer shall include in the written warranty or in a separate section of materials accompanying the motor vehicle, the following information:

Trans 143.03(3)(a) (a) Either:

Trans 143.03(3)(a)1. 1. A form addressed to the certified mechanism containing spaces requesting the information which the certified mechanism may require for prompt resolution of disputes; or

Trans 143.03(3)(a)2. 2. A telephone number of the certified mechanism which consumers may use without charge;

Trans 143.03(3)(b) (b) The name and address of the certified mechanism;

Trans 143.03(3)(c) (c) A brief description of the certified mechanism’s procedures;

Trans 143.03(3)(d) (d) The time limits adhered to by the certified mechanism; and

Trans 143.03(3)(e) (e) The types of information which the certified mechanism may require for prompt resolution of disputes.

Trans 143.03(4) (4) The manufacturer shall take steps reasonably calculated to make consumers aware of the certified mechanism’s existence at the time consumers experience warranty complaints. Nothing contained in sub. (2), (3), or (4) shall limit the manufacturer’s option to encourage consumers to seek redress directly from the manufacturer as long as the manufacturer does not expressly require consumers to seek redress directly from the manufacturer. The manufacturer shall proceed fairly and expeditiously to attempt to resolve all warranty complaints submitted directly to the manufacturer.

Trans 143.03(5) (5) Whenever a consumer submits a warranty complaint directly to a manufacturer, the manufacturer shall decide whether, and to what extent, it will satisfy the consumer.

Trans 143.03(5)(a) (a) If the consumer’s warranty complaint is submitted to the manufacturer orally, the manufacturer may respond orally, unless the consumer requests a written response; or,

Trans 143.03(5)(b) (b) If the consumer’s warranty complaint is submitted to the manufacturer in writing, the manufacturer shall respond in writing. In its written response to the consumer of its decision, the manufacturer shall include the information required in subs. (2) and (3).

Trans 143.03(6) (6) The manufacturer shall:

Trans 143.03(6)(a) (a) Respond fully and promptly to reasonable requests by the certified mechanism for information;

Trans 143.03(6)(b) (b) Abide by and perform any obligations ordered in decisions of the certified mechanism; and,

Trans 143.03(6)(c) (c) Comply with requirements imposed by the certified mechanism.

Trans 143.03 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (1), (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.04 Trans 143.04 Certified mechanism organization.

Trans 143.04(1) (1) The certified mechanism shall be funded and competently staffed at a level sufficient to ensure fair and expeditious resolution of all disputes, and shall not charge consumers any fee for use of the certified mechanism.

Trans 143.04(2) (2) The manufacturer and the certified mechanism shall assure that decision makers are sufficiently insulated so that their decisions are independent of the manufacturer.

Trans 143.04 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88.

Trans 143.05 Trans 143.05 Qualifications of decision makers.

Trans 143.05(1) (1) No decision maker deciding a dispute shall be:

Trans 143.05(1)(a) (a) A party to the dispute;

Trans 143.05(1)(b) (b) An employee or agent of a party, except if employed or retained for the sole purpose of deciding disputes;

Trans 143.05(1)(c) (c) A person who is a party in any legal action relating to the motor vehicle in dispute.

Trans 143.05(2) (2) The composition of the decision maker panel shall be as follows:

Trans 143.05(2)(a) (a) When one of 2 decision makers are deciding a dispute, all shall be persons having no direct involvement in the manufacture, distribution, or retail sale of any motor vehicle.

Trans 143.05(2)(b) (b) When 3 or more decision makers are deciding a dispute, at least two thirds of the decision makers shall be persons having no direct involvement in the manufacture, distribution, or retail sale of motor vehicles.

Trans 143.05(3) (3) Decision makers deciding disputes under the guidelines of a certified mechanism shall be trained by the manufacturer or the certified mechanism in the application of s. 218.0171, Stats., prior to hearing any dispute.

Trans 143.05(4) (4) Certified mechanisms shall make available to any person upon demand, at reasonable cost, information relating to the general qualifications of decision makers.

Trans 143.05 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.06 Trans 143.06 Operation of the certified mechanism.

Trans 143.06(1) (1) The certified mechanism shall establish written operating procedures which shall include at least those items specified in subs. (2) through (11). Copies of the written procedures shall be made available to any person upon request, at reasonable cost.

Trans 143.06(2) (2) Upon notification of a dispute, the certified mechanism shall immediately inform both the manufacturer and the consumer of receipt of the dispute.

Trans 143.06(3) (3) The certified mechanism or decision maker shall investigate, gather and organize all information necessary for a fair and expeditious decision. When information which will or may be used in the decision, submitted by one party, or a representative of one of the parties, or any other source, tends to contradict information submitted by the other party, the certified mechanism shall clearly, accurately, and completely disclose to both parties the contradictory information (and its source) and shall provide both parties an opportunity to explain or rebut the information and to submit additional materials. The certified mechanism shall not require any information not reasonably necessary to decide the dispute.

Trans 143.06(4) (4) Except as provided in sub. (7), if the dispute has not been settled, the certified mechanism shall, as expeditiously as possible but at least within 40 calendar days of notification of the dispute:

Trans 143.06(4)(a) (a) If no oral presentation is scheduled for the day of the hearing, make available to the decision maker(s), copies of information submitted by both parties and information gathered under sub. (3), at least 5 calendar days prior to the hearing date.

Trans 143.06(4)(b) (b) Based upon the information gathered, render the following decisions:

Trans 143.06(4)(b)1. 1. Determine if the motor vehicle has a nonconformity, and

Trans 143.06(4)(b)2. 2. Determine if the manufacturer has made a reasonable attempt to repair the motor vehicle.

Trans 143.06(4)(c) (c) Based upon the determinations made in par. (b) 1. and 2., the certified mechanism shall award relief to the consumer consistent with s. 218.0171 (2) (b), Stats.

Trans 143.06(4)(d) (d) Render a written decision to both parties and the department including the following:

Trans 143.06(4)(d)1. 1. Basis for the decision which shall include a summary of any relevant and material information presented by either party.

Trans 143.06(4)(d)2. 2. Specific financial or other compensation awarded to either party.

Trans 143.06(4)(d)3. 3. A specific date for completion of the transactions necessary to carry out the decision of the certified mechanism.

Trans 143.06(4)(d)4. 4. A statement that the decision is binding upon the warrantor and not the consumer.