Chapter Trans 154

Trans 154.07 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Trans 154.08 Trans 154.08 Odometer disclosure for consignment sales.

Trans 154.08(1) (1) Required odometer disclosure from consignor to dealer consignee. When a motor vehicle is offered for sale under a consignment agreement, as specified under s. Trans 138.04 (1) (b), the consignor shall complete and deliver to the dealer consignee a separate conforming odometer disclosure statement which has been issued or approved by the department. The written odometer disclosure shall include all of the following:

Trans 154.08(1)(a) (a) The odometer reading at the time the consignment agreement is completed, not including tenths of miles. The consignor shall certify the odometer reading as one of the following:

Trans 154.08(1)(a)1. 1. If, to the best of the consignor’s knowledge, the odometer reading reflects the actual mileage, the consignor shall include a certification to that effect.

Trans 154.08(1)(a)2. 2. If the consignor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, the consignor shall include a certification to that effect.

Trans 154.08(1)(a)3. 3. If the consignor 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 consignor shall include a certification that the odometer reading is not actual mileage. This statement shall alert the dealer consignee that a discrepancy exists between the odometer reading and the actual mileage.

Trans 154.08(1)(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 consignor 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 dealer consignee that a discrepancy exists between the odometer reading and the actual mileage.

Trans 154.08(1)(b) (b) The date the consignment agreement is completed.

Trans 154.08(1)(c) (c) The consignor’s name and current address.

Trans 154.08(1)(d) (d) The dealer consignee’s name and current address.

Trans 154.08(1)(e) (e) The description of the vehicle, including make, model, year, body type and vehicle identification number.

Trans 154.08(2) (2) 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 consignor liable for damages to the dealer consignee.

Trans 154.08(3) (3) Consignor’s signature and printed name required. The disclosure statement shall be signed by the consignor and include the consignor’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 154.08(4) (4) Dealer consignee’s signature and printed name required. The disclosure statement shall be signed by the dealer consignee 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 154.08(5) (5) Showing consignor’s odometer disclosure to prospective purchaser. Prior to the sale of a motor vehicle, the dealer consignee shall show each prospective retail purchaser the odometer disclosure statement which was completed by the consignor.

Trans 154.08(6) (6) Consignor’s and dealer consignee’s responsibility upon sale of the consigned motor vehicle. Upon sale of a consigned motor vehicle, the consignor shall complete the odometer disclosure statement and the assignment of ownership to the dealer consignee on the conforming certificate of title for the vehicle. If a consigned motor vehicle is titled with a nonconforming title, the consignor shall complete the assignment of ownership to the dealer consignee on the certificate of title and the vehicle’s odometer disclosure statement on a separate conforming odometer disclosure statement. The dealer consignee shall complete the dealer reassignment, including the odometer disclosure statement, to the purchaser and shall, as required in s. 342.16 (1) (a), Stats., submit the purchaser’s application for certificate of title to the department. If the purchaser is not a resident of this state, or is not required to register the motor vehicle in this state, the dealer consignee shall, in lieu of submitting the purchaser’s application for title to the department, deliver the documents to the purchaser.

Trans 154.08 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Trans 154.09 Trans 154.09 Odometer disclosure for repaired or replaced odometers.

Trans 154.09(1) (1) Requirements and disclosure when odometer repaired or replaced. An odometer may be serviced, repaired or replaced, provided the vehicle’s mileage indicated thereon remains the same as before the service, repair or replacement. The transferor may disclose that the odometer reading reflects the actual mileage at the time of sale. If the odometer is incapable of registering the same mileage as before the service, repair or replacement, the odometer shall be adjusted to zero. A written notice shall be attached, by the owner or an agent, to the left door frame of the motor vehicle, or other location prescribed by the department. The notice shall specify the vehicle’s mileage prior to the service, repair or replacement of the odometer and the date on which it was serviced, repaired or replaced. No person may remove the notice. The transferor shall disclose that the odometer reading does not reflect the actual mileage.

Trans 154.09(2) (2) Replacement of odometer which registers kilometers with odometer which registers miles. If the vehicle being transferred was originally equipped with an odometer which registered the distance traveled in kilometers and the odometer is replaced with one that registers the distance traveled in miles, the transferor may disclose that the odometer reading reflects the actual mileage, providing that the replacement odometer was calibrated to reflect the equivalent accumulated miles as was reflected in kilometers on the odometer being replaced. The equivalency in miles shall be determined by multiplying the odometer reading in kilometers by .62. If, under these circumstances, the odometer is not calibrated as described in this subsection, the vehicle’s mileage shall be disclosed as not being the actual mileage.

Trans 154.09(3) (3) Odometer disclosure of vehicle operated with malfunctioning or inoperative odometer. If a motor vehicle continues to be operated between the time its odometer malfunctions and the time the odometer is repaired or replaced, the transferor may disclose that the odometer reading reflects the actual mileage only if all of the following conditions are satisfied:

Trans 154.09(3)(a) (a) The malfunctioning odometer is repaired or replaced within 30 days after the date the odometer began to malfunction.

Trans 154.09(3)(b) (b) A good faith estimate can be made of the miles traveled by the motor vehicle between the time the odometer malfunctioned and the time the odometer was repaired or replaced.

Trans 154.09(3)(c) (c) The repaired or replaced odometer is calibrated to reflect the vehicle’s mileage reading which was on the odometer at the time it malfunctioned, plus the number of miles which the motor vehicle was operated between the time of the odometer’s malfunctioning and the time of its repair or replacement. If, under these circumstances, the odometer is not calibrated as described in this paragraph, the odometer reading shall be disclosed by the transferor as not being the actual mileage.

Trans 154.09 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.

Trans 154.10 Trans 154.10 Odometer disclosure for transfers of ownership by involuntary divestiture by transferee. When ownership of a motor vehicle is transferred by an involuntary divestiture, the odometer disclosure statement may be completed by the owner or legally-designated representative of the owner who has knowledge of the vehicle’s mileage of the vehicle at the time of transfer. If the owner, or representative of the owner, does not complete the odometer disclosure statement, it shall be completed by the person who assumes ownership by involuntary divestiture. The odometer reading which is disclosed on the odometer disclosure statement shall be the reading on the odometer at the time of transfer and, unless the person assuming ownership has reason to believe that the odometer reading is not the actual mileage or the mileage is in excess of the odometer’s designed mechanical limits, the mileage may be certified on the odometer disclosure statement as the actual mileage. Otherwise, the mileage must be certified as not actual or in excess of mechanical limits, as appropriate.

Trans 154.10 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96; reprinted to insert omitted text Register January 2012 No. 673.

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

Trans 154.11(1) (1) When power of attorney may be used for odometer disclosure. Upon transfer of ownership of a motor vehicle, the transferor may grant the transferee power of attorney for the purpose of completing the required odometer disclosure statement and transfer of ownership only if the transferor’s title is physically held by a secured party at the time ownership of the motor vehicle is transferred.

Trans 154.11(2) (2) Specifications for power of attorney form. Any power of attorney form used under the circumstances described in this section shall be subject to the following conditions and requirements:

Trans 154.11(2)(a) (a) The power of attorney form shall be issued by the department only to the transferee and shall be printed by a secure printing process which complies with the requirements of 49 USC 32705 (b) (2) (A).

Trans 154.11(2)(b) (b) The power of attorney form shall include the descriptive language and spaces needed for the disclosure of the information required under this subsection and sub. (3).

Trans 154.11(2)(c) (c) The power of attorney form shall include language appointing the transferee as attorney-in-fact for the purpose of completing the required odometer disclosure statement.

Trans 154.11(2)(d) (d) The power of attorney form shall include language that states that federal and state odometer law requires the person granted power of attorney to state the vehicle’s mileage in connection with the transfer of ownership and further states that failure on the part of the person granted power of attorney to complete the statement, providing false information, or failure to submit the original copy of the power of attorney to the department may result in civil forfeitures, fines or imprisonment.

Trans 154.11(2)(e) (e) The power of attorney form shall include language certifying that the transferee who is exercising a power of attorney has disclosed on the certificate of title or any supplemental reassignment documents the vehicle’s mileage as it was provided to the person exercising power of attorney on the power of attorney form and, in addition, a statement to the effect that the person exercising the power of attorney has examined the certificate of title and any reassignment documents and that the odometer disclosure statement made on the certificate of title pursuant to the power of attorney is at least as great as that previously stated on the certificate of title and any reassignment documents. The certification shall also include spaces for each of the following:

Trans 154.11(2)(e)1. 1. The signature, printed name and address of the person exercising the power of attorney.

Trans 154.11(2)(e)2. 2. The date of the certification.

Trans 154.11(3) (3) Responsibilities of transferor. In connection with the transfer of ownership of a motor vehicle, a transferor whose certificate of title is physically held by a secured party and who elects to give the transferee power of attorney for the purpose of mileage disclosure and transfer of ownership shall appoint the transferee as the attorney-in-fact for such purpose and disclose the vehicle’s mileage on a conforming power of attorney form issued by the department. The written odometer disclosure shall be signed by the transferor, and include the transferor’s printed name in the spaces provided on the statement. In addition, the transferor shall complete the following information in the designated spaces provided on the power of attorney form and deliver it to the transferee:

Trans 154.11(3)(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 154.11(3)(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 154.11(3)(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 154.11(3)(a)3. 3. If the transferor knows that the odometer reading differs from the vehicle’s mileage and that difference is greater than that caused by odometer calibration error, the transferor shall include a certification that the odometer reading does not reflect the actual mileage and should not be relied upon. This statement shall alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.

Trans 154.11(3)(b) (b) The date of transfer.

Trans 154.11(3)(c) (c) The transferor’s name and current address.

Trans 154.11(3)(d) (d) The transferee’s name and current address.

Trans 154.11(3)(e) (e) The identity of the vehicle, including the make, model, year, body type and vehicle identification number.

Trans 154.11(3)(f) (f) The transferee’s signature.

Trans 154.11(4) (4) Responsibilities of transferee. The transferee, upon receipt of the power of attorney form from the transferor, shall, in the designated spaces, sign the power of attorney, include the transferee’s printed name and return a copy of the power of attorney to the transferor. Upon receipt of the transferor’s title from the secured party, the transferee shall complete the transfer of ownership and perform each of the following:

Trans 154.11(4)(a) (a) Complete the space for odometer disclosure on the certificate of title exactly the same as the vehicle’s mileage which was disclosed by the transferor on the power of attorney form. If the certificate of title does not include a conforming odometer disclosure statement, the odometer disclosure statement shall be completed on a separate conforming odometer disclosure statement.

Trans 154.11(4)(b) (b) Complete a certification disclosing on the certificate of title the vehicle’s mileage as it was provided on the power of attorney form, and that upon examination of the certificate of title and any reassignment documents, the odometer disclosure statement made on the certificate of title pursuant to the power of attorney is at least as great as that previously stated on the certificate of title and reassignment documents. The certification shall be completed in the designated space on the same form as that on which the power of attorney was executed and shall include each of the following:

Trans 154.11(4)(b)1. 1. The signature, printed name and address of the person exercising the power of attorney.

Trans 154.11(4)(b)2. 2. The date of the certification.

Trans 154.11(5) (5) Disposition of completed power of attorney.

Trans 154.11(5)(a) (a) If the transferee is a dealer and is named as the transferor’s agent by a conforming power of attorney and the dealer transfers ownership to a retail purchaser who is required to apply for a Wisconsin title, or if the dealer chooses to apply for a Wisconsin title pursuant to s. Trans 154.13 in the dealer’s own name, the dealer shall include with the application for title the original copy of the completed conforming power of attorney form.

Trans 154.11(5)(b) (b) If the transferor is a dealer and is named as the transferor’s agent by a conforming power of attorney and reassigns ownership in a wholesale transaction to another dealer prior to having obtained a certificate of title naming the transferor as owner, the transferor shall submit the original copy of the completed power of attorney and a photocopy of the front and back of the certificate of title and any supporting documents to the department within 7 business days of the date of the reassignment. The transferor shall furnish the transferee with a copy of the completed conforming power of attorney form along with all other documents which are necessary to complete the transaction.

Trans 154.11(6) (6) Showing power of attorney to prospective purchaser. Prior to the sale of a motor vehicle, a transferor who was granted a power of attorney by the previous owner and who holds title to the motor vehicle in the transferor’s own name shall show to a prospective purchaser the copy of the previous owner’s certificate of title and power of attorney form. If the transferor continues to hold the previous owner’s certificate of title, the transferor shall show the certificate of title to a prospective purchaser, including the odometer disclosure statement which was completed on the certificate of title by the transferor as power of attorney for the previous owner, and the completed power of attorney form.

Trans 154.11(7) (7) Power of attorney void when mileage inconsistent. If the vehicle’s mileage indicated by the transferor on the power of attorney is inconsistent with that previously stated on the certificate of title and any reassignment documents, the power of attorney shall be void.

Trans 154.11 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.

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

Trans 154.12(1) (1) Requirements for dealers and wholesalers. Dealers and wholesalers who are required to execute an odometer disclosure statement upon transferring ownership of a motor vehicle shall retain for 5 years a photostat, carbon or other facsimile copy of each odometer disclosure statement which they issue and receive. They shall retain all odometer disclosure statements at their primary place of business in a manner that is appropriate to business requirements and that permits systematic and prompt retrieval, and the records shall be made available for inspection and copying by the department during reasonable business hours.

Trans 154.12(2) (2) Requirements for lessors of motor vehicles. Lessors shall retain for 5 years following the day they transfer ownership of the leased motor vehicle each odometer disclosure statement which they receive from a lessee. They shall retain all odometer disclosure statements at their primary place of business in a manner that is appropriate to business requirements and that permits systematic and prompt retrieval and the records shall be made available for inspection and copying by the department during reasonable business hours.

Trans 154.12(3) (3) Odometer record retention for auction companies and salvage pools. Each auction company or salvage pool shall, in an order and manner which is appropriate to business requirements and which permits systematic and prompt retrieval, establish and retain for 5 years following the date of sale of each motor vehicle all of the following records:

Trans 154.12(3)(a) (a) The name and address of the most recent owner and of the dealer, wholesaler or insurance company who assigned or reassigned ownership at the auction or salvage pool.

Trans 154.12(3)(b) (b) The name and address of the buyer or the name and address of the dealer, wholesaler or buyer identification card holder, or both, who purchased the motor vehicle through the auction or salvage pool sale.

Trans 154.12(3)(c) (c) A description of the motor vehicle, including its make, year, model and vehicle identification number.

Trans 154.12(3)(d) (d) The date on which the motor vehicle was sold through the auction or salvage pool.

Trans 154.12(3)(e) (e) The odometer reading on the date the auction acquired the vehicle, including the qualifying notation which indicates whether the odometer reading reflects the actual mileage, or that the odometer reading does not reflect the actual mileage, or that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit.

Trans 154.12(4) (4) Requirements for salvage dealers.

Trans 154.12(4)(a) (a) The following information shall be kept on odometers and electronic odometer chips sold or exchanged:

Trans 154.12(4)(a)1. 1. Year, make and vehicle identification number of the vehicle from which the odometer or odometer chip was removed.

Trans 154.12(4)(a)2. 2. Date of sale or exchange of odometer or odometer chip.

Trans 154.12(4)(a)3. 3. Name and address of purchaser of the odometer or odometer chip.

Trans 154.12(4)(b) (b) Salvage dealers who sell, exchange or provide used odometers and electronic odometer chips shall maintain the information required in sub. (4) (a) at their primary place of business in an order and manner that is appropriate to business requirements and that permits systematic and prompt retrieval. The records shall be made available for inspection and copying by the department during reasonable business hours.

Trans 154.12(4)(c) (c) Required information on odometers and electronic odometer chips must be recorded at the time of sale or exchange and retained for 5 years following the date of sale or exchange. These records are required only when the part is removed from a vehicle less than 10 years old and sold or exchanged as a separate part.

Trans 154.12 History History: Cr. Register, January, 1996, No. 481, eff. 2-1-96.

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

Trans 154.13(1) (1) Eligibility of Wisconsin dealer to apply for title in own name. A dealer or wholesaler licensed under ch. 218, Stats., may not apply for a Wisconsin certificate of title which names the dealer or wholesaler as owner of a vehicle unless any of the following occur:

Trans 154.13(1)(a) (a) The title which has been assigned or reassigned to the dealer by the prior owner is a conforming title and all of the reassignment spaces on the title have been completed.

Trans 154.13(1)(b) (b) The title which has been assigned or reassigned to the dealer by the prior owner is a nonconforming title.

Trans 154.13(1)(c) (c) The motor vehicle has a gross vehicle weight rating of more than 16,000 pounds, or was previously registered in any state at a gross weight of more than 16,000 pounds.

Trans 154.13(1)(d) (d) The issuance of a new title is necessary to correct information which had been written or printed on the title which was assigned or reassigned to the dealer, providing that the application for a corrected title by the dealer is supported by documentation as required by the department.

Trans 154.13(1)(e) (e) The motor vehicle is a salvage vehicle and the dealer is required to apply for a salvage vehicle certificate of title pursuant to s. 342.15 (2), Stats.

Trans 154.13(1)(f) (f) The motor vehicle is also being registered under ss. 341.267 or 341.47 (2), Stats. Any registration previously issued for a vehicle in the name of the dealer may not be transferred or reassigned to the vehicle unless at least 30 days have elapsed since the registration was assigned, reassigned or transferred to a vehicle currently registered in the dealer’s name.

Trans 154.13(1)(g) (g) The vehicle is being transferred to another dealer and the current title is one which had been held by the registered owner’s secured party and on which the dealer applicant had completed an odometer disclosure statement via a conforming power of attorney form completed by the registered owner. This exception also applies if the registered owner’s title is nonconforming and the dealer applicant, using the completed conforming power of attorney form, completes the registered owner’s odometer disclosure statement on a separate conforming odometer disclosure statement.

Trans 154.13(2) (2) Eligibility of nonresident to apply for a Wisconsin certificate of title in own name.

Trans 154.13(2)(a) (a) A nonresident may not apply for a Wisconsin title which names the nonresident as owner of a vehicle unless any of the following occur:

Trans 154.13(2)(a)1. 1. The vehicle owned by the nonresident is subject to a security interest and the issuance of a Wisconsin title is necessary to protect the interests of the secured party.

Trans 154.13(2)(a)2. 2. The vehicle owned or operated by the nonresident is registered or qualified for operation in Wisconsin pursuant to ss. 341.09, 341.40, Stats.