Trans 100.16 HistoryHistory: Cr. Register, October, 1985, No. 358, eff. 11-1-85; CR 01-156: am. (2), cr. (4) Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (4) (a) Register November 2010 No. 659, eff. 12-1-10.
Trans 100.17Trans 100.17Transfer of vehicle ownership.
Trans 100.17(1)(1)A transfer of ownership of any motor vehicle that has its registration suspended or revoked or is subject to suspension or revocation under s. 344.14, Stats., may not be allowed under any of the following circumstances:
Trans 100.17(1)(a)(a) The owner whose registration is suspended, revoked or subject to suspension continues to have possession of, use of, or receive any benefit from the operation of the motor vehicle.
Trans 100.17(1)(b)(b) The transferee resides at the same address as the transferor.
Trans 100.17(1)(c)(c) The transferee is unable to prove that adequate consideration was paid for the motor vehicle.
Trans 100.17(1m)(1m)The department may not issue a title in the name of a purported purchaser for a motor vehicle if the transaction is impermissible under sub. (1).
Trans 100.17(2)(2)A person’s registration shall be considered subject to suspension or revocation under s. 344.14, Stats., when written notice of a security requirement under s. 344.13, Stats., is issued by the department.
Trans 100.17(3)(3)An application for transfer of ownership may be accepted and a title may be issued in the name of the purchaser, when either of the following occur:
Trans 100.17(3)(a)(a) The motor vehicle is repossessed by a person who, pursuant to the terms or conditions of any written instrument, is given a right of repossession.
Trans 100.17(3)(b)(b) The purchaser does not reside at the same address as the seller and the full value of the motor vehicle has been paid to the seller. The department may require proof of payment, an affidavit from the buyer or seller, or other evidence that the proposed transfer is in good faith.
Trans 100.17(4)(4)If the department refuses to acknowledge an alleged transfer of ownership and to issue a title in the name of the alleged purchaser, the department shall do all of the following:
Trans 100.17(4)(a)(a) Create a new title, without charge, in the name of the seller and send it to the seller with a letter explaining why the transfer of ownership was refused.
Trans 100.17(4)(b)(b) Return all fees submitted with the application to the purchaser with an explanation as to why the transfer of ownership was refused.
Trans 100.17(5)(5)If the department issues a title in violation of s. 344.46, Stats., after it issues a notice of security requirement under s. Trans 100.10 (1), the department shall suspend any outstanding title and registration, shall notify the transferee and transferor of that fact, and shall demand return of the mistakenly issued title. Upon return of the title to the department, the department shall provide a duplicate title to the transferor, without fee. A vehicle that is transferred as a gift, is sold for inadequate consideration, that remains in the possession of the transferor, that continues to be used by the transferor, or that is transferred to a spouse, parent, child, spouse’s parent, child’s spouse, step parent, step child, or any person residing at the same address as the transferor, shall be presumed to have been transferred for the purpose or with the effect of defeating the purpose of ch. 344, Stats.
Trans 100.17(6)(6)The department may notify any lien holders of record or appearing on alleged purchaser’s title application of the department’s actions under this section and the reasons for those actions and may provide copies of any materials sent by the department to the alleged purchaser or seller.
Trans 100.17 HistoryHistory: Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1), (2) and (4) (b), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1), (2), (3) (intro.), (a) and (b), and (4) (intro.) and (b), cr. (1m), (5) and (6), r. (4) (c), Register October 2005 No. 598, eff. 11-1-05.
Trans 100.18Trans 100.18Damage judgments.
Trans 100.18(1)(1)Suspension. Upon receipt of a certified damage judgment from a Wisconsin court, the department shall immediately suspend the judgment debtor’s operating privilege and the registration of the judgment debtor’s motor vehicles. The suspension shall remain in effect until the person meets the criteria of sub. (5), and until one of the following conditions is met:
Trans 100.18(1)(a)(a) The person files with the department a certified or court stamped copy of a satisfaction of judgment.
Trans 100.18(1)(b)(b) The person files with the department a court ordered installment payment schedule meeting the requirements of s. 344.27, Stats.
Trans 100.18 NoteNote: Section 128.21, Stats., voluntary proceeding orders do not stay Ch. 344 license suspension or revocation actions, and are therefore inadequate to resolve a damage judgment suspension or revocation.
Trans 100.18(1)(c)(c) The person files with the department an installment agreement complying with sub. (3).
Trans 100.18(1)(d)(d) The person’s suspension or revocation is temporarily or permanently affected under sub. (4) because of a bankruptcy.
Trans 100.18(1)(e)(e) More than 20 years from the entry date of the judgment have elapsed.
Trans 100.18 NoteNote: See s. 893.40, Stats.
Trans 100.18(1)(f)(f) If the judgment is for property damage, the person files proof of payment of an amount equal to the property damage minimum coverage level described in s. Trans 100.02 (12m) to the judgment creditor, including payments made in settlement or partial settlement of the property damage claim or payments made to the court for application to the judgment. Payments on the claim made by the judgment debtor, an insurance carrier, or any other person may be aggregated to reach that amount.
Trans 100.18 NoteNote: See the note following s. Trans 100.18 (1) (i).
Trans 100.18(1)(g)(g) If the judgment is for injury to a single person, the person files proof of payment of an amount equal to the single injury minimum coverage level described in s. Trans 100.02 (13m) to the judgment creditor, including payments made in settlement or partial settlement of the injury claim or payments made to the court for application to the judgment. Payments on the claim made by the judgment debtor, an insurance carrier, or any other person may be aggregated to reach that amount.