Chapter Trans 154

Chapter Trans 154

VEHICLE ODOMETER DISCLOSURE REQUIREMENTS

Trans 154.01   Purpose and scope.

Trans 154.02   Definitions.

Trans 154.03   Assigning and reassigning ownership.

Trans 154.04   Odometer disclosure for transferors and transferees.

Trans 154.05   Exemptions from odometer disclosure requirements.

Trans 154.06   Odometer disclosure for auction dealers and salvage pools.

Trans 154.07   Odometer disclosure for leased motor vehicles.

Trans 154.08   Odometer disclosure for consignment sales.

Trans 154.09   Odometer disclosure for repaired or replaced odometers.

Trans 154.10   Odometer disclosure for transfers of ownership by involuntary divestiture by transferee.

Trans 154.11   Requirements and conditions for using conforming power of attorney forms to complete odometer disclosure statements.

Trans 154.12   Odometer records and retention requirements for dealers, wholesalers, lessors, auctions, salvage pools and salvage dealers.

Trans 154.13   Eligibility to apply for title by Wisconsin dealers and nonresidents.

Trans 154.14   Odometer disclosure statements to accompany application for title.

Trans 154.15   Odometer reading and notations required on title.

Trans 154.01 Trans 154.01 Purpose and scope. The purpose of this chapter is to establish the department’s administrative interpretation of ss. 218.0146, 218.33, 218.52, 341.10, 342.01, 342.05, 342.06, 342.10, 342.11, 342.14, 342.15, 342.155, 342.156, 342.157, 342.16, 342.18, 342.23, 342.25, 342.255, 342.32 and 347.415, Stats., relating to the implementation of the provisions of the federal odometer law, 49 USC 32701 to 32711, as they affect regulation of vehicle odometers, odometer mileage disclosure, odometer record keeping requirements, and titling by distributors, wholesalers, manufacturers, motor vehicle dealers, mobile home dealers, motor vehicle salvage dealers, motor vehicle auction dealers, moped dealers, motor vehicle salvage pools, and nonresidents.

Trans 154.01 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 02-029: am. Register July 2002 No. 559, eff. 8-1-02.

Trans 154.02 Trans 154.02 Definitions. The words and phrases defined in ch. 340, Stats., and ss. 342.01 (2), 218.0101, 218.10, 218.20, 218.30, 218.40 and 218.50, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

Trans 154.02(1) (1) “Assign ownership” or “assigning ownership” means the act or process of transferring ownership of a motor vehicle by the owner named on the certificate of title.

Trans 154.02(2) (2) “Conforming” means a certificate of title or vehicle ownership document, a supplemental transfer of ownership document or a power of attorney form is printed using a secure printing process or other secure process and contains the odometer disclosure statement language required by federal and Wisconsin law.

Trans 154.02(3) (3) “Consignor” means the owner of a privately titled motor vehicle who has contracted with a licensed retail dealer to sell the motor vehicle on the owner’s behalf.

Trans 154.02(4) (4) “Dealer consignee” means a licensed retail dealer with whom the owner of a privately titled motor vehicle has contracted for the sale of the motor vehicle to a third party purchaser.

Trans 154.02(5) (5) “Department” means the department of transportation.

Trans 154.02(6) (6) “IRP” means the international registration plan.

Trans 154.02(7) (7) “Nonconforming” means a certificate of title or any supplemental transfer of ownership document does not contain the odometer disclosure statement language required by federal and Wisconsin law and is not set forth by means of a secure printing process or other secure process.

Trans 154.02(8) (8) “Reassign ownership” or “reassigning ownership” means the act or process of transferring ownership of a motor vehicle by a licensed dealer or wholesaler if the vehicle was acquired for the purpose of resale and for which the dealer or wholesaler has not applied for or obtained title in the dealer’s or wholesaler’s own name.

Trans 154.02(9) (9) “Secure printing process or other secure process” means any process which deters and detects counterfeiting or unauthorized reproduction, or both, and allows alterations to be visible to the naked eye.

Trans 154.02(10) (10) “Separate conforming odometer disclosure statement” means a statement which is separate from the certificate of title or any other document which is used to assign or reassign ownership and which includes odometer disclosure language required by federal and Wisconsin law.

Trans 154.02(11) (11) “Title,” “certificate” and “certificate of title” means a document issued by a jurisdiction to evidence ownership of a vehicle.

Trans 154.02(12) (12) “Wisconsin dealer” means a dealer licensed in Wisconsin.

Trans 154.02 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 02-029: am. (intro.), Register July 2002 No. 559, eff. 8-1-02.

Trans 154.03 Trans 154.03 Assigning and reassigning ownership.

Trans 154.03(1) (1) Responsibilities of owner or agent of owner. When transferring ownership of a previously titled motor vehicle, the owner named on the certificate of title or the agent of the owner shall complete the assignment of ownership and odometer disclosure in the following manner:

Trans 154.03(1)(a) (a) Assignment of ownership and odometer disclosure when using a nonconforming title. If the motor vehicle being transferred is titled with a nonconforming title, the assignment of ownership shall be made in the designated spaces on the certificate of title. The odometer disclosure statement shall be made on a separate conforming odometer disclosure statement which has been issued or approved by the department.

Trans 154.03(1)(b) (b) Assignment of ownership and odometer disclosure when using a conforming title. If the motor vehicle being transferred is titled with a conforming title, the assignment of ownership and odometer disclosure shall be made in the designated spaces on the certificate of title.

Trans 154.03(2) (2) Responsibilities of dealer when reassigning ownership of a motor vehicle which has not been previously titled or registered. When reassigning ownership of a motor vehicle which has not been previously titled or registered, a dealer shall complete the reassignment of ownership and odometer disclosure in the following manner:

Trans 154.03(2)(a) (a) Reassignments by Wisconsin dealer on a manufacturer’s document of origin. To reassign ownership, a dealer shall complete the reassignment of ownership and odometer disclosure in the designated spaces on the manufacturer’s document of origin.

Trans 154.03(2)(a)1. 1. If the document of origin does not contain an odometer disclosure statement which includes a certification stating the mileage at the time of transfer, the name and address of the transferring dealer, the name and address of the purchasing dealer, the date of transfer, and that the odometer reading is actual, the odometer disclosure statement shall be completed on a separate conforming odometer disclosure statement which has been issued or approved by the department. The reassignment of ownership shall be completed on the manufacturer’s document of origin.

Trans 154.03(2)(a)2. 2. If the manufacturer’s document of origin does not include available spaces for the reassignment of ownership, both the reassignment and odometer disclosure shall be completed on a conforming supplemental reassignment and odometer disclosure statement which has been issued or approved by the department.

Trans 154.03(2)(b) (b) Reassignment by out-of-state dealer on a manufacturer’s document of origin. If the reassigning dealer is licensed in another jurisdiction, the reassignment of ownership and the required odometer disclosure shall be completed as required in sub. (1) or, if the laws of the jurisdiction in which the reassigning dealer is licensed do not require reassigning dealers to provide dealer assignees with an odometer disclosure statement for the vehicles, a Wisconsin dealer assignee is not responsible for obtaining an odometer disclosure statement from the reassigning dealer.

Trans 154.03(2)(c) (c) Reassignment and odometer disclosure by Wisconsin dealer on conforming application for title and registration form. Notwithstanding the requirements of par. (a), if the motor vehicle is reassigned by a Wisconsin dealer to a person who is required to apply for a Wisconsin title, the required reassignment of ownership and odometer disclosure may be made on a conforming application for title and registration form or a conforming supplemental reassignment and odometer disclosure statement which has been issued or approved by the department.

Trans 154.03(3) (3) Responsibilities of dealer or wholesaler when reassigning ownership and disclosing odometer reading of a previously titled motor vehicle. When reassigning ownership of a previously titled motor vehicle, the reassignment and odometer disclosure shall be completed in the following manner:

Trans 154.03(3)(a) (a) Reassignment by dealer or wholesaler when using a conforming Wisconsin title.

Trans 154.03(3)(a)1. 1. If the transferor is a dealer or wholesaler licensed in Wisconsin or in another state and the vehicle is titled with a conforming Wisconsin title, the reassignment of ownership and odometer disclosure shall be made in the designated spaces on the certificate of title.

Trans 154.03(3)(a)2. 2. If the reassignment is made by a Wisconsin dealer to a person who is required to make an application for a Wisconsin certificate of title, the reassignment of ownership and odometer disclosure may be made on a conforming application for title and registration form which has been issued or approved by the department.

Trans 154.03(3)(a)3. 3. If the transferor is a dealer licensed in another state and the laws or regulations of the state so permit, the reassignment and odometer disclosure may be made on a conforming supplemental reassignment and odometer disclosure statement issued by the state.

Trans 154.03(3)(b) (b) Reassignment of ownership by Wisconsin dealer or wholesaler when using a conforming title issued by another jurisdiction. If the transferor is a Wisconsin dealer or wholesaler and the vehicle is titled with a conforming title issued by another jurisdiction, the reassignment and odometer disclosure shall be made in the designated spaces on the certificate of title.

Trans 154.03(3)(b)1. 1. If no available spaces exist on the certificate of title for the reassignment and odometer disclosure, the dealer or wholesaler shall make application for a certificate of title which names the dealer or wholesaler as owner.

Trans 154.03(3)(b)2. 2. If no available spaces exist on the certificate of title for reassignment and odometer disclosure and the dealer reassigns ownership to a retail purchaser who is required to apply for a Wisconsin title, the reassigning dealer may complete the reassignment of ownership and odometer disclosure on a conforming application for title and registration which has been issued or approved by the department.

Trans 154.03(3)(c) (c) Reassignment by a dealer or wholesaler licensed in another state when using a conforming title issued by another jurisdiction.

Trans 154.03(3)(c)1. 1. If the transferor is a dealer or wholesaler licensed in another state and the vehicle is titled with a conforming title issued by another jurisdiction, the reassignment of ownership and odometer disclosure shall be completed in the designated spaces on the certificate of title.

Trans 154.03(3)(c)2. 2. If the laws of the jurisdiction which issued the conforming title or the laws of the jurisdiction in which the reassigning dealer or wholesaler is licensed so permit, the reassignment and odometer disclosure may be completed on a conforming reassignment and odometer disclosure statement which was issued or approved by the jurisdiction.

Trans 154.03(3)(d) (d) Reassignment by dealer or wholesaler when using a nonconforming title.

Trans 154.03(3)(d)1. 1. If the transferor of a motor vehicle is a dealer or wholesaler licensed in Wisconsin or another state and the motor vehicle is titled with a nonconforming certificate of title which includes a conforming odometer disclosure statement and spaces for the reassignment of ownership by a dealer, the reassignment of ownership and odometer disclosure shall be completed on the certificate of title.

Trans 154.03(3)(d)2. 2. If the nonconforming title does not include a conforming odometer disclosure statement, the reassignment of ownership may be completed in the designated spaces on the certificate of title, if available, and the odometer disclosure statement shall be completed on a separate conforming odometer disclosure statement.

Trans 154.03(3)(d)3. 3. If the nonconforming title does not include available spaces for the reassignment of ownership, the reassignment of ownership and odometer disclosure shall be completed on a conforming statement which has been issued or approved by the department.

Trans 154.03(3)(d)4. 4. If the reassignment of ownership is made by a Wisconsin dealer to a person who is required to make application for a Wisconsin title, the reassignment and odometer disclosure may be made on a conforming application for title and registration which has been issued or approved by the department.

Trans 154.03(3)(d)5. 5. Notwithstanding the requirements of this section, if the reassignment is made by a dealer licensed in another state and the laws of the state so permit, the reassignment and odometer disclosure may be made on a conforming statement which has been issued or approved by the state.

Trans 154.03 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 02-029: am. (2) (a) 1., Register July 2002 No. 559, eff. 8-1-02.

Trans 154.04 Trans 154.04 Odometer disclosure for transferors and transferees.

Trans 154.04(1) (1) Transferor to disclose mileage to transferee. When transferring ownership of a motor vehicle, each transferor shall disclose the vehicle’s mileage to the transferee in writing in the designated spaces on a conforming title, on a separate conforming odometer disclosure statement which has been issued or approved by the department as prescribed in s. Trans 154.03, or on the conforming power of attorney form as prescribed in s. Trans 154.11. The completed odometer disclosure shall be delivered by the transferor to the transferee at the time ownership of the motor vehicle is transferred.

Trans 154.04(2) (2) Required odometer disclosure information. The written odometer disclosure shall include all of the following:

Trans 154.04(2)(a) (a) The odometer reading at the time of transfer, not including tenths of miles. The transferor shall certify the odometer reading as one of the following:

Trans 154.04(2)(a)1. 1. If, to the best of the transferor’s knowledge, the odometer reading reflects the actual mileage, the transferor shall include a certification to that effect.

Trans 154.04(2)(a)2. 2. If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, the transferor shall include a certification to that effect.

Trans 154.04(2)(a)3. 3. If the transferor knows that the odometer reading differs from the vehicle’s mileage and that the difference is greater than that caused by odometer calibration error, the transferor shall include a certification that the odometer reading is not actual mileage. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.

Trans 154.04(2)(a)4. 4. If, due to an accident, fire or other random occurrence, the odometer reading of the motor vehicle being transferred cannot be read, the transferor shall indicate in the spaces designated for the odometer reading on a conforming odometer statement a reading of 0 (zero) or a recent reading that can be documented, such as on an odometer statement, emission inspection report or repair invoice, and shall certify that the odometer reading is not actual mileage. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.

Trans 154.04(2)(b) (b) The date of the transfer.

Trans 154.04(2)(c) (c) The transferor’s name and current address.

Trans 154.04(2)(d) (d) The transferee’s name and current address.

Trans 154.04(2)(e) (e) The description of the vehicle, including its make, model, year, body type and its vehicle identification number.

Trans 154.04(3) (3) Reference to federal and state requirements and penalties. The disclosure statement shall state that the disclosure is required by federal and state law and that failure to complete the disclosure statement or providing false information may result in fines or imprisonment, or both, and may make the transferor liable for damages to the transferee.

Trans 154.04(4) (4) Transferor’s signature and printed name required. The disclosure statement shall be signed by the transferor and include the transferor’s printed name. If the person signing the statement is signing as an authorized agent or employe of any firm or corporation, the printed name of the firm or corporation and the printed name of the person signing shall be included.

Trans 154.04(5) (5) Transferee’s signature and printed name required. The disclosure statement shall be signed by the transferee and include the transferee’s printed name. If the person signing the statement is signing as an authorized agent or employe of any firm or corporation, the printed name of the firm or corporation and the printed name of the person signing shall be included.

Trans 154.04(6) (6) Prohibition against same person signing as transferor and transferee. Except as provided in ss. Trans 154.10 and 154.11, no person may sign an odometer disclosure statement as both the transferor and transferee in the same transaction.