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

 

(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:

(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.

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

(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.

(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.

(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.

(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.

(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.

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

(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:

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.

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.

3. The nonresident is a leasing or rental company which rents or leases vehicles to persons who operate the vehicles in Wisconsin when the type or nature of the operation requires the vehicles to be registered and titled in Wisconsin.

4. The nonresident is a seasonal resident of Wisconsin who owns and makes application to register a vehicle which is domiciled and operated primarily in Wisconsin.

5. The nonresident owns a vehicle which is, because of the type or nature of its operation in Wisconsin, subject to registration in Wisconsin and the application for a Wisconsin title is made in conjunction with an application for registration.

6. The nonresident purchases a vehicle in Wisconsin and, prior to removing the vehicle from Wisconsin, operates the vehicle in a manner which requires the nonresident to register and title the vehicle in Wisconsin.

7. The nonresident is an insurance company that acquires ownership of a vehicle titled in Wisconsin through payment of a total loss claim and the insurance company makes application for a salvage vehicle certificate of title for the vehicle.

(b) A nonresident dealer may apply for Wisconsin title only in accordance with par. (a) 1.

(3)   Eligibility for replacement title. Nothing in this section shall preclude a Wisconsin dealer or nonresident, including a nonresident dealer, from applying for a replacement Wisconsin certificate of title for a vehicle which is currently titled in the name of the Wisconsin dealer or nonresident.

(4)   Temporary plates or permits. For purposes of this section, temporary plates or permits are not considered as registration.

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