Chapter Trans 141

Trans 141.06 Trans 141.06 Exemptions from requirement to process certificates of title and registration.

Trans 141.06(1) (1) Exempt motor vehicle dealers.

Trans 141.06(1)(a) (a) A motor vehicle dealer is not required to process certificates of title and registration if the motor vehicle dealer sells an average of 48 or fewer vehicles per year.

Trans 141.06(1)(b) (b) The department shall deny a motor vehicle dealer the authority to process certificates of title and registration for any of the following reasons:

Trans 141.06(1)(b)1. 1. DMV has reasonable cause to conclude that the financial responsibility of the motor vehicle dealer as prescribed in ch. Trans 140, or the dealer’s financial situation, as determined by the department in connection with the department review of dealer licensing requirements is insufficient.

Trans 141.06(1)(b)2. 2. DMV has reasonable cause to conclude that the accuracy or timeliness of the certificate of title and registration transactions performed by the motor vehicle dealer are insufficient.

Trans 141.06(1)(b)3. 3. Failure or refusal of the motor vehicle dealer to provide DMV with any documents or information required for completion of a motor vehicle sales transaction.

Trans 141.06(1)(b)4. 4. DMV has reasonable cause to conclude that the motor vehicle dealer is not in compliance with any provision of written policies and procedures regarding electronic processing, including failure to successfully complete departmental training and technical assistance provided or approved by the department.

Trans 141.06(1)(b)5. 5. Failure to provide information requested by DMV relating to a motor vehicle dealer’s financial standing, solvency or compliance with motor vehicle related laws.

Trans 141.06(1)(b)6. 6. DMV has reasonable cause to conclude that the dealer is not in compliance with ss. 218.0101 to 218.0163, Stats., or rules interpreting ss. 218.0101 to 218.0163, Stats., where the violation constitutes grounds for denial, suspension or revocation of the dealer’s license, stipulation to a conditional license or special order, the assessment of civil forfeitures or fines, or criminal prosecution, including insufficient funds. Reasonable cause includes situations in which any dealer licensee has been found by the department, the division of hearings and appeals, or a court of law, to have violated ch. 218, Stats., or rules interpreting ch. 218, Stats., during the current or immediately preceding licensing period, or when the dealership has not given sufficient assurance that it has taken reasonable steps to prevent the recurrence of similar violations in future licensing periods.

Trans 141.06(1)(c) (c) If the department determines that any of the conditions in par. (b) are persistent and present after a reasonable time to cure, the department shall invoke sanctions against the dealer. Sanctions include any of the possible sanctions in s. 218.0116, Stats. A continuum of disciplinary actions may be taken beginning with informal advice, verbal warnings, advisory and warning letters, civil forfeitures, citations, special orders including suspension, denial, or revocation of the dealer’s license to operate as a motor vehicle dealer.

Trans 141.06(2) (2) Exempt certificates of title and registration. A motor vehicle dealer is not required to process certificate of title and registration transactions for a vehicle that is prohibited from successful registration processing because of an express limitation on the vehicle title, registration, or customer record, or on the e-MV11 internet-based web application or APPS. For these specifically identified vehicle transactions, the department may not charge a motor vehicle dealer a transaction processing fee for processing applications on behalf of the dealer. A motor vehicle dealer is required to submit certificate of title and registration applications under this subsection to the department within 7 business days after a motor vehicle sale.

Trans 141.06 Note Note: DMV will be continually updating the e-MV11 internet-based web application and requiring vendor updating of APPS. As updates are completed, additional transaction types will be mandated for dealer processing. DMV will notify all applicable dealers before new transaction types become subject to mandatory processing.

Trans 141.06 History History: CR 06-101: cr. Register April 2007 No. 616, eff. 5-1-07.

Trans 141.07 Trans 141.07 Fees.

Trans 141.07(1) (1) Fees paid to motor vehicle dealers by consumers. A motor vehicle dealer may charge a fee to consumers for processing certificate of title and registration applications. The fee shall be a reasonable amount, as determined by the department. The fee shall be included in the service fee that the dealer may charge a consumer under s. Trans 139.05 (8) (b). A motor vehicle dealer may not charge the consumer any amount to offset any surcharge that the dealer is required to pay under this section.

Trans 141.07(2) (2) Fees paid by motor vehicle dealers to the department.

Trans 141.07(2)(a) (a) Any motor vehicle dealer who is not required to process certificates of title and registration under s. Trans 141.06 (1) (a) shall pay the department a fee for each certificate of title and registration transaction that the department processes on behalf of the dealer. The fee is $15 per transaction. If an exempt motor vehicle dealer who is not required to process certificates of title and registration under s. Trans 141.06 (1) (a) submits to DMV by fast service or by a customer service center an application to be processed by DMV, the dealer shall pay the department the $15 transaction fee, in addition to any other required fees such as counter service fee or fast service fee.

Trans 141.07(2)(b) (b)

Trans 141.07(2)(b)1. 1. Any exempt motor vehicle dealer who is not authorized to process certificates of title and registration under s. Trans 141.06 (1) (b) shall pay the department a fee for each certificate of title and registration transaction that the department processes on behalf of the dealer. The fee shall include the following:

Trans 141.07(2)(b)1.a. a. A fee of $15 per transaction to process the transaction.

Trans 141.07(2)(b)1.b. b. A surcharge of $50 per transaction. The dealer may not charge this surcharge to the consumer.

Trans 141.07(2)(b)2. 2. In addition to the fee and the surcharge that the dealer shall pay to DMV, the department may begin disciplinary actions against the dealer’s license as described in s. Trans 141.06 (1) (c). If an exempt motor vehicle dealer who is not authorized to process certificates of title and registration under s. Trans 141.06 (1) (b) submits to DMV by fast service or by a customer service center an application to be processed by DMV, the dealer shall pay the department the $15 transaction fee and the $50 surcharge, in addition to any other required fees such as counter service fee or fast service fee.

Trans 141.07(2)(c) (c)

Trans 141.07(2)(c)1. 1. Any non-exempt motor vehicle dealer who fails to process certificates of title and registration as required under s. Trans 141.03 shall pay the department a fee for each certificate of title and registration transaction that the department processes on behalf of the dealer. The fee shall include the following:

Trans 141.07(2)(c)1.a. a. A fee of $15 per transaction to process the transaction.

Trans 141.07(2)(c)1.b. b. A surcharge of $50 per transaction. The dealer may not charge this surcharge to the consumer.

Trans 141.07(2)(c)2. 2. In addition to the fee and the surcharge that the non-exempt dealer shall pay to DMV, the department may begin disciplinary actions against the dealer’s license as described in s. Trans 141.06 (1) (c). If a non-exempt motor vehicle dealer submits to DMV by fast service or by a customer service center an application to be processed by DMV, the dealer shall nevertheless pay the department the $15 transaction fee and the $50 surcharge, in addition to any other required fees such as counter service fee or fast service fee.

Trans 141.07(2)(d) (d) The department may not charge a processing fee to any motor vehicle dealer for any transaction that the dealer is not required to process under s. Trans 141.06 (2).

Trans 141.07 History History: CR 06-101: cr. Register April 2007 No. 616, eff. 5-1-07.

Trans 141.08 Trans 141.08 Records.

Trans 141.08(1) (1) A motor vehicle dealer shall forward to the department within one business day after completing processing a transaction all of the following paper documents:

Trans 141.08(1)(a) (a) Original certificate of title that was submitted from the prior owner, or original manufacturers statement of origin for a newly titled vehicle.

Trans 141.08(1)(b) (b) Copy of the receipt generated by the computer at the completion of the transaction, or the original signed copy of the application for certificate of title.

Trans 141.08(1)(c) (c) Original signed odometer statement on the MV11 form if the odometer statement is not included on the certificate of title from the prior owner or on the original manufacturers statement of origin for a newly titled vehicle.

Trans 141.08 Note Note: Form MV11 can be obtained by writing to or calling GMA Printing, 136 West Main Street, Whitewater, WI 53190--[phone] (phone), [phone] (fax); Reynolds & Reynolds, 10533 West National Avenue, Suite 205, Milwaukee, WI 53227—[phone] (phone), [phone] (fax); or WATDASI Forms, P. O. Box 5345, Madison, WI 53705—[phone] (phone), [phone] (fax).

Trans 141.08(2) (2) All records required to be kept by a motor vehicle dealer under ch. Trans 138 and this chapter shall be retained for 5 years. The records may be retained in electronic format as determined by the department, or in paper format as determined by the department.

Trans 141.08 History History: CR 06-101: cr. Register April 2007 No. 616, eff. 5-1-07.