Section 175.04. Operating requirements.

  All rental companies shall comply with the following conditions:

(1)  Have an established place of business where facilities shall be available to the public to obtain service.

(2)  Have title in its name for all motor vehicles used in the rental business or furnish evidence to the Wisconsin department of transportation, that a bona fide agreement between the rental company and a licensed dealer or manufacturer has been executed and includes an option to purchase such motor vehicles.

(3)  Furnish motor vehicles on demand to all qualified customers without discrimination. This provision shall not prohibit the rental company from establishing such reasonable operating standards as are necessary in the conduct of its business nor require such company to furnish equipment beyond its ability so to do.

(4)  Negotiate a rental agreement which shall comply with each of the following requirements:

(a) Be in writing and signed by the parties thereto, or their regular employees or agents duly authorized to act for them, in the execution of contracts, leases, or other arrangements. Shall show the year, make and identification, motor or serial number or Wisconsin license number of the motor vehicle as shown on the registration card issued for such vehicle.

(b) Provide for the exclusive possession, control, and use of the motor vehicle involved by the renter and the complete assumption by such renter of full responsibility to the public and all regulatory agencies having jurisdiction during the entire period of the agreement. This provision shall not prohibit a rental company from obtaining possession of the motor vehicle for purposes of maintenance, repairs, or because of violation of the rental agreement.

(c) Specify the time the rental agreement begins, the time or the circumstances on which it ends, and the method of determining the compensation for the use of the motor vehicle involved. The rental agreement shall also specify that public liability and property damage insurance furnished by the rental company is in no case less than the amounts specified in s. 194.41 , Stats. The actual limits of such insurance coverage shall be made available to the renter upon request.

(d) Be completed on forms which are serially numbered, and a sample copy of which form has previously been filed with the department of transportation.

(e) Be executed in duplicate. The originals including voided copies shall be retained by the rental company and filed in numerical order and one copy shall be retained by the renter and carried on the motor vehicle specified therein during the entire period of the agreement by the renter and shall be made available for inspection immediately upon the request of any law enforcement officer.

History: Cr. Register, July, 1962, No. 79 , eff. 8-1-62; am. (2) and (4) (a) (b) (d) and (e), Register, April, 1970, No. 172 , eff. 5-1-70; renum. from PSC 65.04 and am. (2) and (4) (d), Register, October, 1982, No. 322 , eff. 11-1-82; 2013 Wis. Act 363 : am. (4) (e) Register May 2014 No. 701 , eff. 6-1-14.