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

 

(1)   Exempt motor vehicle dealers.

(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.

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

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.

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.

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.

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.

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.

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.

(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.

(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.

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

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. Microsoft Windows NT 6.1.7601 Service Pack 1