VEHICLE TITLE AND ANTI-THEFT LAW

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 342 .0 1 VEHICLE TITLE AND A NTI-THEFT LA W                                                                             3470




                                                   CHAPTER 342


                                   VEHICLE TITLE AND ANTI-THEFT LAW

 34201       Words and phrases defined _                         342 23 Secured pat ty's and owner's duties .
 34202       Excepted liens and secu r ity interests 342 24 Method of perfecring exclusive
 34205       When certificate of title required 342 25 Suspension or revocation of certificate
 34206 Application for certificate of title . 342255 Cancellation of title or registration .
 34207 Application when vehicle previously junked . .            342 26 ` = Hearings and appeal
 342 08 Division to examine records . :                          342. 281 Previously certificated vehicle
 34209 When division to issue certificate and to whom ; 342282 Deferred application to previously , certificated
               maintenance of records .           vehicle .
 342 10      Contents of certificate of title .                  342 .283 ': Distinctive certificate .
 342,11      Grounds ' for refusing issuance of certificate of 342 284_ New security interest in a previously certificated
               title . .                                                       vehicle.
342; 12 Withholding certificate of title; bond                   342,285 Unsatisfied security interest in previously
342; 13 Lost, stolen or mutilated certificates .: certificated vehicle .
342 14       Fees.                      342 .30                              Assignment and stamping of new identification
342.19       Transferof interest in a vehicle   e                              numbers
342 , 16     Transfer to or from dealer 342                          .31     Report of stolen or abandoned motor vehicles .
342 , 17 Involuntary transfers .                  342 .32                    Division to file, index and publish stolen vehicle
342 18 -` When division to issue a new certificate, :                         reports ,
342 , 19 Perfection of security interests :                      342 33 , Sale of , vehicle used as . taxicab .
342. 20 Duties on creation of security interest .                342. 34 Division to be notified of destruction or junking
34221        Assignment of security interestt                                  of vehicle ,
.342 . 22 Release of security interest . .



           CERTIFICATE OF TITLE .E                               prerequisite to registration of the vehicle. If the
                                                                 applicant for registration holds a valid certificate
342 . 01 Words and phrases defi ned .                                                       d
                                                                 of title previously issued to him by the division
Words and phrases defined in s . 340.01 are used                 for the vehicle in question, that is prima facie
in the same sense in this chapter unless a differ-               evidence that he is the owner , of the vehicle and
ent definition is specifically provided . .                      he need not apply , for a new certificate of title
 342 .02 Excepted liens and secur ity inter-                     each time he applies for registration :.
ests . This chapter does not apply to or affect :                  (3) This section does not apply in a situation
   (1) A lien given by-statute . or rule of law to a            where the law expressly authorizes registration
supplier of services or materials for the vehicle ..            of a vehicle in the name of a person other , than
   (2) A lien given by statute to the United                    the owner or where the law expressly author izes
States, this state or any political subdivision of              registration without- a certificate of title .
this state.                                                        (4) Any owner who operates or consentss to
   (3) A security interest in a vehicle created by              the operation of a vehicle fox which a certificatee
a manufacturer or dealer who holds the vehicle                  of title is required without such certificate hav-
for sale, which shall be governed by the applica-               ing been issued or applied for or any other per-
ble provisions of ch . 409,                                     son who operates a vehicle for which a certificate
                                                                                                        e
                                                                of title . is required, knowing that the certificate
 342 . 05 When certificate of title required .                  of title has not been issued oz ' applied for, may
(1) The owner of a vehicle subject too registra-                be fined not more than $200 or imprisoned not
tion in this state, whether, oor not such vehicle is            more than 6 months or both . . A . certificate is
operated on any highway of this state, shall                    considered to have been applied for when the
make application for certificate of title for the               application accompanied by the required fee has
vehicle under the following circumstances :                     been delivered to the division or deposited in the
   (a) If he has newly acquired the vehicle, he                 United States mail properly addressed and with
shall make application when and as required by                  postage p r epaid..
s. .342,15,
   (b) If he applies for registration of'a vehicle for          342 . 06 Application for certificate of title.
which he does not hold a valid certificate of'title             (1) An application for a certificate of title shall
previously issued to him by the division for the                be made to the division upon a form prescribed
vehicle in question, he shall at the same time                  by it and shall be accompanied by the required
apply for a certificate of title .                              fee . Each application for certificate of title shall
   (2) Except as provided in sub . . (3), an ap-                contain the following information :
plicant's eligibility for a certificate of title is a              (a) The name and address of the owner
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 3471                                                       V E HICL E TITL E AND ANT I-T H EFT LA W .342 .1 0


      (b) A description of the vehicle, including           342 . 07 Application .n when . vehicle previ-
  make, model, identifying number' and any other            ously junked . (1) Application for registration
  information which the division may reasonably
                                    n                       of and certificate of title for a motor vehicle
  require for proper identification of the vehicle .        which has previously been junked must be ac-
     (c) The date of purchase by the applicant, the         companied by the certificate of a state or, county
  name and address of' the person from whom the             traffic officer to the effect that he has examined
  vehicle was acquired and the names and ad-
                               d                           the motor vehicle described in the application
  dresses of any secured parties in the order of           and that, in his opinion, it is in such mechanical
  their prior ity and the dates of their security          condition that operation thereof on the public
  agreements.                                              highways will not ,jeopardize the safety of mo-
     (d) If the vehicle is a new vehicle being regis-      torists or pedestrians and that the description of
  tered for the first time, the signature of a dealer      the vehicle conforms to the description given inn
  authorized to sell : such new vehicle;.                  the application . The application also must be
     (e) Any fur ther evidence of ownership which          accompanied by the inspection fee receipt from
  may reasonably be required by the division to            the clerkk of the county employing the county
 enable it to determine whether the owner is enti-         traffic officer who made the examination or
 tled to a certificate of title and the existence or,      from the state traffic officer who made the ex-
 nonexistence of secui i ty . intexests in the vehicle .   amination.
     (f) If the identification number of the vehicle          (2) The applicant for registration of and certif-
 has been r emoved, obliterated or altered, or if          icate of title for a previously junked vehicle shall
                                                           pay an examination fee of $25 to the clerk of the
 the or iginal casting has been replaced, or if ' the
 vehicle has not been numbered by the manufac-             county employing the examining officer or to the
 turer, the application for certificate of title shall     state traffic officer making the examination .
 so state                                                  Such clerk or state traffic officer shall give to the
                                                           applicant a receipt showing payment of the fee
    (g) If the vehicle -is a used motor vehicle which
                                                           and containing the applicant's name and the
 was last previously registered in another jur i s-
                                                           make and identifyingg numbers of the vehicle in-
 diction, the applicant. . shall furnish any certifi-
                                                           spected,
 cate of ownership issued by the other-jurisdic-
 tion and a statement pertaining to the title his-         342 . 08 Division to examine records . Be-
 tory and ownership of such motor vehicle, such            foreissuing a certificate of title for a vehicle last
 statement to, be in the form the division pre-            previously registered in another jurisdiction, the
 scribes, and shall furnish a certification by a law w     division shall check the application against its
 enforcement officer or by an employe designated           records of stolen and recovered vehicles and, fel-
by the division to the effect that the physical            onies committed.
description of the motor vehicle has been
checked and conforms to the descr iption given              342 . 09 When division to issue ce rtificate
in the application                                          and to whom ; : maintenance of records. (1)
    (h) If the applicant for, certificate of title for     The .division shall file each application for cer-
a motor vehicle intends to utilize that vehicle as         tificate of title received by it and when satisfied
a taxicab or for public transportation, he shall           as to its genuineness and regularity and that the
state that fact in the application .. If he knows          applicant is entitled to the issuance of a cextifi .-
that the vehicle has previously been used as a             cate of title, shall issue and deliver a certificate
taxicab or for publictranspoitation and that fact          to thee owner- of the vehicle .
is not noted on the old certificate of title, he shall          (2) The division shall maintain a record of all
state in the application that the vehicle has pre-         applications and all certificates of title issued by
viously , been so used .                                   it :
  (2) Any person who knowingly makes a false                    (a) According to titlee number .
statement in an application for a certificate of                (b) According to engine or identification num-
title may be fined not more than $5 ;000 or im-            ber . .
prisoned not more than 5 years or both..
                              s                                 (c)' Alphabetically, according to name of
   (3) Any person intending to use a vehicle as
                  n                                        owner. .
a taxicab or for public transportation who fails                (d) In any other manner which the division
to state such intent in his application for certifi-       determines to be desirable :
cate of title or any person who fails to furnish
any other information required by sub. . (1) (h)           342 . 10 Contents of certificate of title . (1)
may be fined not more than $1,000 or impris-               Each certificate of' title issued by the division
oned not more than one year in county jailor
         t                                                 shall contain :
both.                                                        (a) The name and address of the owner
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3 42 .1 0   VE H ICLE TI TLE AND A NTI-T HEFT LAW                                                           3472


   `(b) The names of any secured parties in the            342 . 12_ W i thholding certific at e of title;
order of' priority as shown on the application or,         bond . (1) No certificate of title shall be issued
if the application is based on another certificate         by the division until the outstanding evidence of
of title, as shown on such certificate .                   ownership is surrendered tothe division .
     (c) The title number assigned to the vehicle . .         (2) I f the division is not satisfied as to the
     (d) A description of the vehicle, including           ownership of the vehicle or that there are no
make, model and identifying number .                       undisclosed security interests in it, the division,
     (e) Any other data which the division deems           subjectt to sub . (3), shall either :
pertinent and desirable,                                      (a) Withhold issuance of 'a certificate of title
     (2) The certificate of title shall contain forms      until the applicant presents documents reasona-
for assignment and warranty of title by the                bly, sufficientt to satisfy the division as to the
owner, and for assignment and warranty of title            applicant's ownership of the vehicle and that
by a dealer, and may contain forms for applica-            there are no undisclosed security interests in it;
tion for a certificate of title by a transferee and        or
for the naming of a secured party and the assign-             (b) Issue a distinctive certificate of title pursu-
ment or release of a security interest .                   ant to s. 342.10 (4) or 342,283 .
     (3) Before issuing any new or duplicate oeitifi-         (3) Notwithstanding sub . . (2), the division may
cate of title for a motor vehicle previously               issue a nondistinctive certificate of title if the
junked and reconditioned, the division shall               applicant fulfills either of the following require-
stamp thereon the words "This vehicle previ-               ments :
ouslyjunked and reconditioned" . Before issuing               (a) The applicant is a dealer licensed under s .
a new or duplicate certificate of title for a motor        218.01 or, 218 .10 and is financially responsible as
vehicle previously licensed and used as a taxicab          substantiated by the last financial statement on
or for public transportation, the division shall           file with the division, a finance company li-
stamp on such certificate the words "This motor            censed under, s . 138 .09 or 218 .01, a bank organ-
vehicle has previously been used as a taxicab or
                         y                                 ized under the laws of this state, or a national
for public transportation" .                               bank located in this state; or,
     (4) Unless the applicant fulfills the require-           (b) The applicant has filed with the division a
ments of ' s , 342,12 (3), a distinctive certificate of    bond in the form prescribed by the division and
title shall be issued for a vehi cle last previously       executed by the applicant, and either accompa-
registered in another jurisdiction the laws of             nied by the deposit of" cash with the division ox
which do not require that secured parties be               also executed by a person authorized to conduct
named on a certificate of title to perfect their           a surety business in this state . The bond shall be
secur i ty inter ests, The certificate shall contain       in an amount equal to one and one-half times the
the legend "This vehicle may be subject to an
                                                           value of the vehicle as determined by the division
                                       d
undisclosed security interest" and may contain
                                                           and conditioned to indemnify any prior owner
any other information the division prescr ibes. If
                                                           and securedd party and any subsequent purchaser
no notice : of 'a secur ity interest in the vehicle is
                                                           of the vehicle or person acquiring any security
received by the division within 4 months from
                                                           interest in it, and their respective successors in
the issuance of the distinctive certificate of title,
                                                           interest, against any expense, loss or damage,
it shall, upon application and surrender of the
                                                           including reasonable attorney's fees, by reason
distinctive certificate, issue a certificate of title in
                                                           of the issuance of the certificate of title of the
ordinary form ..
                                                           vehicle or on account of any defect in or undis-
     (5) A certificate of title issued by the division
                                                           closed security interest upon the right, title and
is prima facie evidence of the facts appearing on
                                                           interest of the applicant in and to the vehicle . .
it .
                                                           Any such interested person has a right of'action
342 . 11 Grounds for refus i ng issuance of                to recover on the bond for any breach of its
certificate of title.:. The division shall refuse          conditions, but the aggregate liability of the
issuance of' a certificate of title if any required        surety to all persons shall not exceed the amount
fee is not paid or if it has reasonable grounds to         of the bond.. The bond, and anyy deposit accom-
believe that :                                             panying it, shall be returned at the end of 5 years
   (1) The person alleged to be the owner of the           or prior thereto if, apart from this section, a
vehicle is not the owner ;; or                             nondistinctive certificate of title could then be
   (2) The application contains a false or fiaudu-         issued for the vehicle ; or if the vehicle is no
lent statement; or                                         longer registered in this state and the currently
   (3) The applicant fails to furnish the informa-         valid certificate of title is surrendered to the divi-
tion or documents required by law or by the                sion, unless the division has been notified of the
division : pursuant to authority of law.                   pendency of an action to recover on the bond .
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 3473                                                       VEHICLE TITLE AND ANTI -THEFT LAW          342 .16


  342 . 13 Lost, stolen or mutilated cert i f i-             certificate or as the division prescribes, and
  cates . (1) If a certificate of title is lost, stolen,     cause the certificate and application to be mailed
  mutilatedd or destroyed or becomes illegible, the          or delivered to the division . . :
  owner or legal representative of the owner                    (3) Except as provided in s. 342,16 and as
  named in the certificate, as shown by the                  between the parties, a transfer by an owner, is not
  records of the division, shall promptly make ap-           effective until the provisions of this section have
 plication for and may obtain a duplicate upon               been complied with.. An owner who has deliv-
 furnishing information satisfactory to the divi-            ered possession of" the vehicle to the transferee
 sion . : The duplicate certificate of title shall con-      and has complied with the provisions of this
 tain the legend "Thiss is a duplicate certificate           sectionn requiring action by him is not liable as
 and may be subject to the rights of a person                owner for any damages thereafter resulting from
 under the original certificate . ."                         operation of the vehicle .
    (2) The division shall not issue a new certifi-             (4) If the vehicle being transferred is an auto-
 cate of title to a transferee upon' application             mobile registered pursuant to the monthly series
 made on a .duplicate until 15 days after receipt            system, the owner shall remove the registration
 of the application                                          plates and retain and preserve them for useon
    (3) A person recovering an original certificate         any other automobile which may subsequently
 of title for which . a duplicate has been issued           be registered in his name If the vehicle being
 shall promptly surrender the original certificate          transferred is a vehicle registered pursuant to s .
 to the division..                                          341:266 at a special fee and the new owner will
                                                            not be entitled to register the vehicle as such fee,
 342 . 14 ' Fees. The division shall be paid the
 following fees :                                           the transferor shall remove the plates and return
                                                            them to the division . In all other cases the trans-
   (i) For filing an application for a first certifi-
                                                            feror shall permit the plates to remain attached
cate of title, . $1; by the owner of the vehicle :
                                                            to the vehicle being transferred, except that if the
   (2) For the original notation and subsequent             vehicle has been junked he shall return the plates
release of each security interest noted upon a              to the division in accordance with s . 342 .34. .
certificate of title, a single fee of $1 ..50 by the
                                                               (5) Any owner of a vehicle for which a .ceitifi-
owner of thee vehicle.. This fee is exempt from s .
                                                            cate of title has been issued, who upon transfer
86 35,
                                                            of the vehicle fails to execute and deliver the
   (3) For a certificate of title after a transfer, $1,     assignment and warranty of title required by
by the owner of the vehicle . l
                                                            sub . ,(1) may, be . fined not more than $200 or
   (4) For each assignment of a security interest           imprisoned not more than 6 months or both.
noted upon a certificatee of title, $1 by thee as-
                                                               (6) Except as provided in s . 342 .16, any trans-
signee.
                                                           feree of a vehicle who fails to make application
   (5) Poi a duplicate certificate of title, $L, by        for a new certificate of title- immediately upon
the owner of the vehicle .                                 transfer to him of a vehicle may be fined not
   (6) The division shall transmit monthly, as             more than $200 or imprisoned not more than 6
provided in s . 59 57 (12), to the proper registers        monthss or both . A certificate is considered to
of deeds, 50 cents from each fee collected pursu-          have been applied for when the application ac-
ant to sub, (2) to cover the fee for filing memo-          companied ;by the required fee has been deliv-
randa required by §,,,59 .57 (Sm) .
                                                           ered to the division or deposited in the United
            TRANSFER OF TITLE.                             States mail properly addressed with postage pre-
                                                           paid .
342 . 15 Transfer of interest in a vehicle .                  (7) Any owner of a vehicle currently regis-
(1) If an owner transfers his interest in a vehi-          tered in this state who fails to comply with-the
cle, ;otheY than by the creation of a security in-         requirements of sub . (4) may be fined not more
terest, he shall at the time of the delivery of the        than $200 or imprisoned not, more than 6
vehicle, execute an assignment and warranty of             months or both .
title to thee transferee in thee space provided
therefor on the certificate, and cause the certifi-        342 . 16 Transfer to or from dealer . (1) If a
cate to be mailed or delivered to the transferee,          dealer buys a vehicle and holds it for' resale and
except that if the vehicle being transferred has           procures the certificate of title from the owner
been junked, he shall return the certificate to            he need not send the certificate to the division .
the division in accordance with s . .342 .34 . .           Upon transferring the vehicle to another person
   (2) Except as provided in s 342 .16, the tians-         heshall promptly execute the assignment and
feree shall, promptly after delivery to him of the         warranty of title, showing the name and address
vehicle, execute the application for a new certifi-        of the transferee and of any secured party hold-
cate of title in the space provided therefor on the        ing a security interest created or reserved at the
                      Electronically scanned images of the published statutes.
342.16      V E HICLE TITLE A ND AN T I -TH EFT LAW                                                                3474


time of the resale and the date of his security               2 . The title executed by such administrator,
agreement, in the spaces provided therefor, on              executor, guardian or trustee; and
the certificate or as the division prescribes, and             3 . The evidence concerning payment of sales
mail or deliver the certificate to the division with        or use taxes required by s 77 61 (1) or evidence
the transferee's application for a new certificate.         that the transfer is exempt from such taxes . .
   (2) Every dealer shall maintain for 5 years a               (b) Upon compliance with this subsection nei-
record in the form the division prescribes of ev-           ther the commissioner nor the division shall bear
ery vehicle bought, sold or exchanged by him, or            any liability or responsibility for ' the transfer of
received by him for sale or exchange, which shall           such vehicles in accordance with this section,
                                                               Cross Reference: See also 313 093 as to sale of`a vehicle
be open to inspection by a representative of the            in an estate
division or a peace officer during reasonable
business hours,                                             342 . 18 When divisi on to i ssue a new cer-
   (3) Any dealer who fails to comply with the              tificate. (1) The division, upon receipt of a
requirements of sub .. (2) may be fined not more            properly assigned certificate of title, with an ap-
than $200 or imprisoned not more than 6                     plication for a new certificate of title, the re-
months or both .                                            quired fee and any other transfer- documents re-
                                                            quired by law, to support the transfer, shall is-
342 . 17.; :: Involuntary transfers . (1) If the in-        sue a new oeitificate of title in the name of the
terest of an owner in a vehicle passes to another           transferee as owner .
other than by voluntary transfer; the transferee               (2) The division, upon receipt of an applica-
shall, except as provided in sub . (2), promptly            tion for a neww certi f icate of"title by a transferee
mail or, deliver to the division the last certificate       other than by voluntary transfer, with proof" of
of' title, if'available, and the documents required         thee transfer, thee required fee and any other-
by the division to legally effect such transfer,            documents , required by law, shall issue a new
and his application for a new certificate in the            certi ficate of title in the name of the transferee
form the division prescribes                                as owner If the transfer constituted a termina-
   (2) If the interest of the owner is terminated           tion of the owner's interest or a sale under a
or the vehicle is sold under a security agreement           security agreement by a secured party named in
by 'a secured party named in the certificate of             the ceitificate,'undex s . .342.17 (2), the new cer-
title,' the transferee shall promptly mail or de-           tificate shall be issued free of the names and
liver- to the division the last certificate of title, his   addresses of the secured party who terminated
application for a new certificate in the form the           the owner's interest and of all secured parties
                                                            subordinate under s . 342,:19 to such secured
division prescribes, and an affidavit made by or
                                                            party . I f the outstanding certificate of"title is not
on behalf of the secured party that the vehicle
                                                            delivered to it, the division shall make demand
was repossessed and that the interest of the
                                                            therefor from the holder of such certificate .
owner was lawfully terminated or sold pursuant
                                                               (3) The division shall file and retain for 5 years
to the terms of the security agreement ..
                                                            a record of every surrendered certificate of title,
   (3) A person holding a certificate` of title             the file to be maintained so as to permit the
whose interest ' in the vehicle has been extin-             tracing of title of the vehicle designated therein
guished or transferred other than by voluntary                 (4) Under the following circumstances only,
transfer shall mail or deliver the certificate to the       the division shall issue a certificate of title for a
division upon request of the division . The deliv-          transferred vehicle without requiring registra-
ery of the certificate pursuant to the request of           tion of the vehicle :
the division does not affect the rights of the per-            (a) Application therefor accompanied by the
son surrendering the certificate ; and the action           required fee is made by a dealer licensed under
of the division in issuing a new certificate of title       s. 218,01 or 218 ..10, a finance company licensed
as provided herein is not conclusive upon the               under s, 138„09 or 218,01, a bank organized un-
rights of an owner, or secured party named in the           der the laws of this state, or a national bank
old certificate .                                           located in this state, and the vehicle in question
   (4) (a) In all cases of the transfer of 'a vehicle       is a used vehicle for which the division had is-
owned by a decedent, ward, trustee or bankrupt,             sued a certificate of title to the previous owner
the division shall accept as sufficient evidence of         or, a vehicle previously registered in another ju-
the transfer of ownership the following . .                 risdiction or is a mobile home ; or
   1 . Evidence satisfactory to the division of the            (b) Application therefor accompanied by the
issuancee of the letters of administration, letters         required fee is made by any other person and the
testamentary, letters of guardianship, letters of           vehicle in question is a vehicle for which the
trust or appointment of the trustee in bank-                division had issued a certificate of title to the
ruptcy ;                                                    previous owner' or is a vehicle previously regis-
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 3475                                                        VE HI C LE TI TLE A ND AN TI-THEFT LAW       34 2 .22


 tered in another jurisdiction or is a mobile home            division, an application to name the secured
 and the division is satisfied that the present               party on the certificate, showing the name and
 owner, has not opei ated or consented to the oper-           address of the secured party and the date of his
 ation of the vehicle since it was transferred to             security agreement, and cause the certificate, ap-
 him and that he understands-that the certificate             plication and the required fee to be delivered to
 of title merely is evidence of his ownership of the          the secured party.
 vehicle and does nott authorize operation of the                (2) The secured party shall immediately cause
 vehicle on the highways of this state .                      the certificate, application and the required fee
                                                              to be mailed or delivered to the division.
  342 . 19 Perfection of security i nterests .                   (3) Upon receipt of the certificate of title, ap-
  (1) Unless excepted by s . 342 .02, .a security in-        plication and the required fee, the division shall
 terest in a vehicle of a ;type for which a certifi-         issue to the owner a new certificate containing
 cate of title is required is not valid against credi-       the name and address of the new secured patty .:
 tors of the owner or subsequent transferees or              The division shall deliver to such new secured
 secured parties of the vehicle unless perfected as          party andd to the register, of deeds of the county
 provided in this chapter .                                  of the debtor's residence, memoranda,' in such
    (2) A security interest is perfected by the de-          form as the division prescribes, evidencing the
 livery to the division of the existing certificate of       notation of the security interest upon the certifi-
 titl e, if any, an application for a certificate of title   cate; and thereafter, upon : any assignment, ter-
 containing the name and address : of-the secured            mination or release of the security interest, addi-
 party and the date of his security agreement,, and          tional memoranda : evidencing such action ..
 the required fee It is perfected as of the time of             (4) The registers of deeds shall maintain a file
 its creation if such delivery is completed within           of all memoranda . : received from the division
 10 days thereafter, and without regard to the               pursuant to sub . (3) . : Such filing, however, is not
 limitations expressed in s, 409 .301 (2) ; other-           required for perfection, release or assignment of
 wise, as of the time of such delivery :                     security interests, which shall be effective upon
    (3) An unperfected security interest is subor-           compliance with ss. 342.19: (2), 342 .,21, and
 dinate to the rights of persons described in s .            342.22.
 409 .301 . .
                                                             342 . 21 Ass i gnment of security : interest.
    (4) The rules of priority stated in s . 409 . .312,
                                                             (1) A secured party may assign, absolutely or
 and the other sections therein referred to, shall,
                                                             otherwise, his security interest in the vehicle to
 to the extent appropriate, apply' to conflicting
                                                             a person other than the owner without affecting
 security interests in a vehicle of a type for which
                                                             the interest of the owner' or the validity of the
 a certificate of title is required ; or in a "previ-
                                                             security interest, but any person without notice
 ously certificated vehicle" as defined in s .
                                                             of,the-assignment is protected in dealing with
 342,28 A security interest perfected under this
                                                             the secured `pasty as the holder of the security
 section or under ss 342 :284 and 3421285 is a               interest and the secured party remains liable for
security interest perfected otherwise than by fil-           any obligations as a secured party until the as-
ing for purposes of s . 409 .312,                            signee is,named as secured party on the ceitifi=
    (5) The rules stated in ss . 409.501 to 40,9.507         cate. . .
governing the rights and duties, of secured par-                (2) The assignee may but need not, to perfect
ties and debtors and the requirements for, and               the assignment, havee the certificate of title en-
effect of, di sposition of a vehicle by a ; secured          dorsed or issued with the assignee named as se-
party, upon default shall, to the extent appropi-            cured party, upon delivering to the division the
ate,, govern the rights of secured parties and               certificate and an assignment by the secured
owners with respect to security interests in vehi-           party named in the certificate in the form the
cles perfected` under this chapter .                         division prescribes. ..
    (6) If a vehicle is subject to a security interest
when broughtinto :this state, s. 409 .103 (2) ; (3)          342 . 22 Release of secur ity i nterest . (1)
and (4) state the rules which apply to determine             Whenever there is no outstanding obligation
the validity and perfection of the security inter-           and no commitment to make advances, incur
est in this state .,                                         obligations or otherwise give value, secured by
                                                             the security interest in a vehicle under' any secu-
342 . 20 Duties on creation of security in -                 rity agreement between the owner and the se-
terest: ;If an ow ner creates a security interest in         cured party, the secured party shall execute and
a vehicle :                                                  deliver"to the owner, as the division prescribes,
 " (1) The owner shall immediately execute, in               a release of the security interest in the form and
the space provided therefor on the certificate of            manner : prescribed by thee division. If these-
title or on a separate form prescribed by the                cured, ;party<fails to execute and deliverr such a
                    Electronically scanned images of the published statutes.

342.22 VEHICLE TITLE AND ANTI -THEFT LAW                                                                                                         3476


release within 10 days after receipt of the ow-         sign of it shall, immediately upon receiving no-
ner's written demand therefor he shall be liable        tice of the suspension or revocation, mail or de-
to the owner for $25 and for any loss caused to         liver, the certificate to the division . :
the owner by such failure.                                 (4) The division may seize and impound any
   (2) The owner, other than a dealer holding the       certificate of title which has been suspended or
vehicle for resale, shall promptly cause the cer-       revoked ..
tificate and release to be mailed or delivered to
the division, which shall release the secured par-      342 . 255 . Cancellation of title or registra -
ty's rights- on the certificate and issue a new         tion . The division shall cancel a title or registra-
certificate -                                           tion whenever:
                                                           (1) A transfer- of'title is set aside by the court
 342 . 23 , Secured, ,party' s and owner ' s du-        by order of judgment ; or
ties . (1) A secured .party named in a certificate        (2) Fraud on the department is discovered by
of title shall, upon written, request of the owner      the division ; or
or of another secured party named on thee certif-         (3) It is subsequently discovered that the issu=ance or possession of a title or registration is
icate, disclose any pertinent information as to
his security agreement and the indebtedness se-         prohibited by law .
cured by it.
   (2) An owner shall promptly deliver his certif-      342 . 26 Hearings and appeal . Anyy person
icateof title to any secured party who is named         aggrieved by an act' or'omission of the division
on it or who has a security interest in the vehicle     under this chapter is entitled, upon request, to a
described in it under any other, applicable prior       hearing and judicial review thereof in accord-
law of" this . state, upon receipt of a notice from _   ance with ch . 227 .
such secured party that his security interest is to
be assigned, extended or perfected .                    342 . 281 Previously cert i fi cated vehicle .
  (3) Any secured party who fails to disclose           A previously ceYtificated vehicle is •a vehicle for
information pursuant to sub. . (1) shall be liable      which a certificate of title,,bas been issued by
for any loss caused to owner thereby .                  the division prior to June 1, 1966,
   (4) Any .y owner who fails to deliver the certifi-   342 . 282 Deferred app lication to previ -
cate of title to a secured party requesting it pur-     ously certificated vehicle . Sections 342 .19 to
suant to sub„ (2) shall be liable to such secured
                                                        342.24 : :sha11 not apply to a previously certifi-
party for any loss caused to the secured party          Gated vehicle until :
thereby and may be fined not more than $200 or             (1) There is a transfer, of ownership of the
imprisoned not more than 6 months or both :
                                                        vehicle ; or
342 . 24 Method o f perfecting exclusive .                 (2) The division issues a certificate of title of
The method provided in this chapter of perfect-         the, vehicle under this chapter.
ing and giving notice of security interests sub-
ject to this chapter is exclusive . Security inter-     342. 283 Distinctive certificate . If the divi-
ests subject to this chapter are hereby exempted        sion is not . satisfied that there are no undis-
from the provisions of law which otherwise re-          closed security interests, created before June 1,
quire or relate to the filing of instruments creat-     1966, in a previously' certificated vehicle, it
ing or evidencing security interests . .                shall, unless the applicant fulfills the require-
                                                        ments of s . 342 .42 (3), issue a distinctive certifi-
342 . 25 ' Suspension or revocation of cer-             cate of title of the vehicle containing the legend
tificate . (1) The division shall suspend or re-        " This vehicle may be subject to an undisclosed
voke a certificate of title if it finds :               security interest" and any other information the
   (a) The certificate of title was fraudulently        division prescribes .
procured,, erroneously issued or prohibited by
                                                        342 . 284 New security interest i n a previ -
law ;
                                                        ously certificated vehicle . After June 1, 1966,
   (b) The vehicle has been scrapped, dismantled        a-security interest in a previously certificated
or destroyed; or                                        vehicle may be created and perfected only by
   (c) A transfer of title is set aside by a court of   compliance with ss. 342.19 and 342,24.
record by order or judgment . .
   (2) Suspension or revocation of a certificate of     342 :285 Unsatisf i ed security interest in
title does not, in itself, affect the validity of a     previously certificated vehicle . (1) If a secu-
security interest noted on it .                         iity: interest in a previously' certificated vehicle
   (3) When the division suspends of :revokes a         is perfected under any other applicable law of
certificate of title, the owner or person in posses-    this state at the : time this section : takes effect
                Electronically scanned images of the published statutes.

 3477                                                      VEHICLE TITLE AND ANTI -THEFT LAW 342 .34


 (June 1, 1966), the secur ity interest continues             (2) An owner of a garage or trailer park or of
 perfected until its perfection lapses under the           any type of storage or parking lot for motor  r
 law under which it was perfected (or would lapse                         l
                                                           vehicles shall report in writing to the division
 in the absence of a furthe r filing or renewal of         and to the local law enforcement agency the
 filing) and thereafter, if, before such lapse, there      make, motor number and serial or identification
 is delivered to the division the existing certificate     number of any motor vehicle stored, parked or
 of title together with the application and fee re-        left in his garage, park or lot for a per iod of more
 quired by s. .342..20 (1) , In such case the division     than 30 consecutive days unless arrangements
 shall issue a new certificate pursuant to s.. 342,20      have been made by the owner of the vehicle for
 (3)                                                       its continuous storage or parking or unless the
    (2) If a security interest in a previously certifi-    owner of" the vehicle is personally known to the
 cated vehicle was created, but was unperfected,           owner of the garage, park or lot . . Any person
 under any other applicable law of this state at           who fails to submit the report required of him by
 the time this section takes effect (June 1, 1966),        this subsection may be fined not more than $2 . 5 .
 it may be perfected under sub .. (1), but such
                                                            342 . 32 Division to file , index and publish
 perfection dates only from the date of the divi-
                                                           stolen vehicle reports . The division shall
                       e
 sion's receipt of the certificate..                       keep a file and index of reports received by it
      ANTI-THEFT AND ANTI-FRAUD                            pursuant to s .. .342 . .31 and of similar reports re-
              PROVISIONS..                                 ceived by it from other states.. Once each
                                                           month, on the basis of such reports received by
 342 .30 Ass ignment and stampin g of new                  it during the preceding month, the division
 identification numbers . (1) The division shall           shall compile a list of stolen and recovered vehi-
 assign a new identification number for each ve-           cles and of felonies committed involving motor
 hicle subject to registration which has not been          vehicles and shall forward a copy of such list to
 numbered by the manufacturer or on which the              each sheriff and police department in this state,
 original number has been removed, obliterated             to each motor, vehicle organization in this state
 or altered or on which the original casting has           requesting a copy, and to the motor vehicle reg-
 been replaced.. Identification numbers assigned           istration official in each state of the United
 by the division shall begin with 101, run consec-         States.
 utively and be followed by the letters " WIS",
     (2) An identification number assigned by the          342 .33 Sale of vehicle used as taxicab .
 division to a mobile home, trailer or semitrailer        No person shall sell or exchange, authorize or
                                                          direct the sale or exchange of, or, offer for sale
 shall be stamped upon the frame . An identifica-
                                                          or exchange any motor vehicle which he knows
 tion number assigned to a 1954 or earlier model
                                                          has been used as a taxicab or for public tians-
of a motor vehicle shall be stamped upon the
                                                          poitation unless the certificate of title for such
engine. . An identification number assigned to a          vehicle has been stamped by the division with
 1955 or later model shall be stamped upon or             the words "This motor vehicle has previously
welded to the body,. Such stamping or, welding            been used as a taxicab or for public transporta-
shall be done under the supervision of a dealer,          tion" and unless such certificate of title is ex-
distributor or manufacturer registered under s .          hibited by the vendor to the vendee before the
341 .51 or under the supervision of a peace of-           sale of such vehicle is consummated . . Any per-
ficer . The person supervising the stamping or            son who violates this section may be fined not
welding shall make a report thereof to the divi-          more than $1,000 or imprisoned not more than
si on                                                     one ,year, in county ,jail or both .
    (3) Any owner of a vehicle for which the divi-
sion has issued a new identification number who            342 . 34 Di vision to be notified of d e stru c-
fails to have such number, attached or stamped             tion or junking of vehicle . (1) Any person
as required by sub . (2) may be fined not more             owning or possessing a motor vehicle which has
than $200 or imprisoned not more than 6                    been junked or destroyed shall, within 10 days
months or both.                                            after the destruction or ,junking occurred :
                                                              (a) N otify the division of the destruction or
342 .31 Report of stolen or abandoned                     .,junking; and
motor vehicles. (1) Each sheriff and police de-               (b) Return the certificate of title to the divi-
partment in the state shall immediately report             sion ; and
to the division each motor vehicle reported sto-             (c) If the motor vehicle is an automobile regis-
len or recovered and each felony involving a               tered pursuant to the monthly series system, re-
motor vehicle committed and detected within                move the registration plates and retain and pre-
its jurisdiction .                                         serve them for use on any other automobile
                   Electronically scanned images of the published statutes.

342.34 VEHICLE- TITLE AND - ANTI -THEFT LAW                                              3478


which may subsequently be registered in his to the division,
name .. If the motor vehicle is not an automobile (2) Any person violating this section may be
registered pursuant to the monthly series sys- fined not more than $200 or imprisoned not
tem, he shall remove the plates and return them more than 6 months or both,,




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