This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Trans 149.06(2)(2)Access to inspection area restricted. Only the certified inspector, a person designated by the department or a person assisting the inspector at the inspector’s request may be present in the inspection area during an inspection. Nothing in this subsection shall prohibit a law enforcement agency from conducting inspections at a site, such as a municipal garage, where other law enforcement officers or other employees of the law enforcement agency may be present in the routine course of their duties and outside the immediate area of the inspection. An applicant or agent may not enter the inspection area or view the inspection except to remove parts of the vehicle at the direction of the inspector or, at the inspector’s request, to be advised of the reasons a vehicle will not pass inspection.
Trans 149.06(3)(3)Removal of parts. During the inspection, such vehicle parts as the inspector deems necessary shall be removed in order to allow examination of safety equipment or identifying numbers on the vehicle and its major parts. Parts may be removed by the inspector or by the applicant or agent at the inspector’s direction. Identifying numbers include, but are not limited to:
Trans 149.06(3)(a)(a) The vehicle identification number.
Trans 149.06(3)(b)(b) The engine number.
Trans 149.06(3)(c)(c) The transmission number.
Trans 149.06(3)(d)(d) The frame number.
Trans 149.06(4)(4)Grounds for failing inspection. The vehicle shall fail the inspection if:
Trans 149.06(4)(a)(a) The vehicle is not in compliance with the equipment provisions of ch. 347, Stats., ch. Trans 305, or federal motor vehicle safety standards established under the national traffic and motor vehicle safety act, 15 USC 1381, et seq., or the regulations promulgated thereunder in 49 CFR part 571. Noncompliance includes, but is not limited to, any device or element of a vehicle required by the above regulations being rendered inoperative or defective, or being removed from the vehicle;
Trans 149.06(4)(b)(b) The vehicle or any part of the vehicle is stolen or if the applicant’s ownership of any major part of the vehicle cannot be verified; or
Trans 149.06(4)(c)(c) The vehicle contains any major parts which were not part of the vehicle described in the certificate of title and for which the applicant does not have a bill of sale meeting the requirements of s. Trans 149.05 (5).
Trans 149.06(4)(d)(d) The vehicle or any part of the vehicle contains a vehicle identification number that has been altered, removed or obliterated.
Trans 149.06(5)(5)Duties of inspector.
Trans 149.06(5)(a)(a) Complete inspection. The inspector shall make a complete inspection of the vehicle, even if a reason for failing the vehicle is discovered. The inspector shall provide the applicant with a brief description of each reason the vehicle is not acceptable. Failure of the inspector to note any defect in the vehicle shall not prevent the use of that defect as a reason for failing the vehicle in any subsequent inspection.
Trans 149.06(5)(b)(b) Discovery of stolen vehicle. Notwithstanding par. (a), if the inspector identifies a vehicle or a part of the vehicle as stolen, the inspection need not proceed further.
Trans 149.06(5)(c)(c) Impoundment. If the vehicle or a part of the vehicle is determined to be stolen, or any vehicle identification number has been altered, removed or obliterated, the inspector may seize the vehicle or part of the vehicle in accordance with ss. 968.10 and 968.11 (4), or 342.30 (4) (a), Stats.
Trans 149.06(6)(6)Certificate of inspection. A certificate of inspection shall be completed for each vehicle inspection and shall include all of the following:
Trans 149.06(6)(a)(a) The applicant’s full name.
Trans 149.06(6)(b)(b) The applicant’s complete address.
Trans 149.06(6)(c)(c) The signature of the applicant if the applicant is present at the inspection site, or the signature of the agent representing the applicant at the inspection site.
Trans 149.06(6)(d)(d) The inspector’s name.
Trans 149.06(6)(e)(e) The inspector’s badge number, or if the inspector is not a law enforcement officer, the department-assigned inspector identifying number.
Trans 149.06(6)(f)(f) The number of the inspector’s employing agency.
Trans 149.06(6)(g)(g) A description of the vehicle being inspected, including the vehicle year, make and model.
Trans 149.06(6)(h)(h) The public vehicle identification number, any secondary vehicle identification numbers inspected, the engine and transmission vehicle identification numbers, if inspected, and the identification numbers of each major part of the vehicle that is inspected or that has been replaced.
Trans 149.06 NoteNote: This does not require the inspector to reveal the location of a secondary vehicle identification number.
Trans 149.06(6)(i)(i) An indication that the inspector has checked available stolen auto and auto parts databases for the vehicle and major parts being inspected and concluded that neither the parts nor the vehicle are stolen.
Trans 149.06(6)(j)(j) The date of the inspection.
Trans 149.06(6)(k)(k) A statement as to whether the vehicle passed inspection and, if the vehicle did not pass inspection, a short statement of each reason the vehicle did not pass inspection.
Trans 149.06 NoteNote: The forms identified in this section are MV 4060, Certificate of Inspection, MV-1, Application for Title/Registration; Certificate of Inspection; and MV-2673, Repaired Salvage Vehicle Major Parts Statement. The forms may be obtained from the Department of Transportation, Document and Map Sales, 3617 Pierstorff Street, P.O. Box 7713, Madison, WI 53704.
Trans 149.06 HistoryHistory: Cr. Register, December, 1994, No. 468, eff. 1-1-95; am. (4) (a), Register, February, 1996, No. 482, eff. 3-1-96.
Trans 149.07Trans 149.07Application procedure following inspection.
Trans 149.07(1)(1)Vehicles passing inspection.
Trans 149.07(1)(a)(a) Submission of application materials. The inspector shall promptly submit the following to the department following an inspection:
Trans 149.07(1)(a)1.1. The applicant’s application for certificate of title or registration.
Trans 149.07(1)(a)2.2. The applicant’s current salvage certificate of title. This subdivision does not apply to homemade or reconstructed vehicles.
Trans 149.07(1)(a)3.3. The salvage affidavit of major parts of the vehicle.
Trans 149.07(1)(a)4.4. The original bill of sale received by the applicant for each major part of the vehicle that has been changed.
Trans 149.07(1)(a)5.5. The written certification appointing any agent who appeared on behalf of the applicant submitted under s. Trans 149.05 (3) (b).
Trans 149.07(1)(a)6.6. The completed certificate of inspection.
Trans 149.07(1)(a)7.7. The inspection fee and any fees for registering and issuance of a title certificate for the vehicle in accordance with the application.
Trans 149.07 NoteNote: The forms identified in this section are MV-1, Application for Title/Registration; MV-4060, Certificate of Inspection; and MV-2673, Repaired Salvage Vehicle Major Parts Statement. The forms may be obtained from the Department of Transportation, Document and Map Sales, 3617 Pierstorff Street, P.O. Box 7713, Madison, WI 53704.
Trans 149.07(1)(b)(b) Overpayment or underpayment of fees. The department shall refund to the applicant any excess fees received. In the case of insufficient payment being received, the department shall advise the applicant of the shortfall and may not issue a title or register the vehicle until full payment is received.
Trans 149.07(1)(c)(c) Records retained by inspector. The inspector shall retain the photos of the vehicle and one copy of the certificate of inspection for 3 years following the inspection.
Trans 149.07(2)(2)Vehicles failing inspection.
Trans 149.07(2)(a)(a) Stolen vehicle or parts. If at any time the inspector discovers that a vehicle is stolen, contains stolen parts, or has altered, removed or obliterated vehicle identification numbers, the inspector may seize the vehicle or part of the vehicle in accordance with ss. 968.10 and 968.11, or 342.30 (4) (a), Stats. An inspector who is not a law enforcement officer shall notify a law enforcement officer regarding any discovery that a vehicle is stolen or that it contains stolen parts, or has altered, removed or obliterated vehicle identification numbers. The vehicle shall fail the inspection. The other provisions of this section may not apply to the vehicle.
Trans 149.07(2)(b)(b) 15-day reinspection. The applicant may request an opportunity to correct safety or equipment defects and to return the vehicle for reinspection. The inspector may schedule the reinspection for any date up to 15 calendar days from the date of inspection, but may not require that the reinspection be performed less than 3 calendar days from the date of initial inspection. No additional fees may be charged for reinspections under this paragraph and reinspections shall be conducted in the same manner as initial inspections under this chapter. If reinspection is requested under this subsection, the inspector shall retain all application materials pending the reinspection. If the vehicle passes reinspection, the inspector shall proceed under sub. (1). If the vehicle does not pass reinspection, the applicant shall proceed under either par. (c), (d) or (e). If the vehicle is not reinspected as scheduled or within 15 days after the initial inspection, the inspector shall forward the application to the department.
Trans 149.07(2)(c)(c) Vehicle not titled in owner’s name. If the vehicle fails inspection or reinspection, the vehicle is not titled in the name of the applicant, and the applicant does not elect to junk the vehicle under par. (f), the inspector shall submit the application for certificate of title, the certificate of inspection, the inspection fee and other titling fees and sales taxes to the department. Remaining registration fees and a copy of the certificate of inspection shall be returned to the applicant.
Trans 149.07(2)(d)(d) Vehicle titled in owner’s name. If the vehicle fails inspection or reinspection, the vehicle is titled in the name of the applicant, and the applicant does not elect to junk the vehicle under par. (f), the inspector shall submit the certificate of inspection and the inspection fee to the department. The remaining application materials and a copy of the certificate of inspection shall be returned to the applicant.
Trans 149.07(2)(e)(e) Department actions following failed inspection. Upon receipt of materials for a vehicle that has not passed inspection, the department shall issue or re-issue a salvage certificate of title to the applicant and shall return all bills of sale, and the major parts statement.
Trans 149.07(2)(f)(f) Junking a vehicle. An applicant may elect to junk a vehicle at any time. If the applicant elects to junk the vehicle, the applicant or inspector shall write “JUNKED” on the certificate of title or mark the certificate of title in some other manner to clearly indicate that the vehicle is junked. The inspector shall submit the certificate of title, the certificate of inspection and the inspection fee to the department. The inspector shall return any remaining application materials and a copy of the certificate of inspection to the applicant. The department shall note in its records that the vehicle has been junked and may not issue another certificate of title for the vehicle.
Trans 149.07 HistoryHistory: Cr. Register, December, 1994, No. 468, eff. 1-1-95; CR 03-122: am. (1) (a) 2. Register May 2004 No. 581, eff. 6-1-04.
Trans 149.08Trans 149.08Payment and distribution of inspection fee.
Trans 149.08(1)(1)The applicant shall pay an inspection fee for each inspection performed, except that there is no additional fee for the reinspection described in s. Trans 149.07 (2) (b). There is no fee for the inspection of a homemade or reconstructed vehicle.
Trans 149.08(2)(2)The department shall distribute to the inspecting agency its share of an inspection fee collected for inspections performed by its certified employees within 60 days after the fees are submitted to the department or as soon thereafter as possible. Fees collected by the state patrol shall be deposited in the transportation fund.
Trans 149.08(3)(3)The inspection fee, except those collected by the state patrol, shall be distributed as follows:
Trans 149.08(3)(a)(a) 75% to the agency employing the inspector at the time the inspection was performed.
Trans 149.08(3)(b)(b) 25% to the transportation fund.
Trans 149.08 HistoryHistory: Cr. Register, December, 1994, No. 468, eff. 1-1-95; CR 03-122: am. (1) Register May 2004 No. 581, eff. 6-1-04.
Trans 149.09Trans 149.09Application for certificate of title and registration for vehicles previously junked in department records.
Trans 149.09(1)(1)The department may not issue a certificate of title for a vehicle that was noted as junked in the records of the department on or after May 1, 1989.
Trans 149.09 NoteNote: Section 342.34 (3), Stats.
Trans 149.09(2)(2)A salvage certificate of title may be issued, upon proper application, for a vehicle noted as junked prior to May 1, 1989, in department records.
Trans 149.09(3)(3)The department may not issue a certificate of title for a vehicle if the certificate of title for the vehicle was inscribed by a person other than a state with the word “JUNKED” or any other notation clearly indicating that the vehicle was junked unless the owner provides an affidavit stating that the inscription on the title was entered in error, explaining how the information was entered in error and the vehicle passes an inspection under s. Trans 149.05. The department may refuse to issue a title for such a vehicle if it concludes that the vehicle was intended to be junked at the time the title was noted as junked.
Trans 149.09 HistoryHistory: Cr. Register, December, 1994, No. 468, eff. 1-1-95.
Trans 149.10Trans 149.10Application for certificate of title or registration for a repaired, junk or salvage vehicle from another jurisdiction.
Trans 149.10(1)(1)The Wisconsin certificate of title issued for a vehicle previously titled in another jurisdiction as a repaired salvage vehicle, or a substantially similar term as used in that jurisdiction, shall contain a notation identifying the vehicle as a repaired salvage vehicle or repeat the notation from the other jurisdiction and indicate the jurisdiction where the vehicle was previously titled.
Trans 149.10(2)(2)A vehicle titled in another jurisdiction as salvage, or a substantially similar term as used in that jurisdiction, may be titled and registered under the provisions of this chapter. The Wisconsin certificate of title shall contain a notation describing the vehicle as previously titled as salvage or repeat the notation from the other jurisdiction and indicate the jurisdiction issuing that title.
Trans 149.10(3)(3)A vehicle previously titled in another jurisdiction as junked, or a substantially similar term as used in that jurisdiction, may not be titled or registered in Wisconsin.
Trans 149.10 HistoryHistory: Cr. Register, December, 1994, No. 468, eff. 1-1-95.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.