Wis. Admin. Code Department of Transportation Trans 138.01 - Authority, purpose and scope

(1) As authorized by ss. 85.16(1), 218.0152, and 227.11(2), Stats., the purpose of this chapter is to interpret ss. 218.0101(6) and (23) (a), 218.0114(14) (a), 218.0116(1) (om), (3), and (5), 218.0119, 218.0146, 218.30, 218.32(2) and (4) (c), 227.51(2), 341.51(3), and 342.16(2), Stats., relating to the activities defining a motor vehicle dealer, wholesale dealer, and motor vehicle auction dealer, and exceptions thereto; the records and facilities required of such dealers; and the business activities of motor vehicle dealers during or after suspensions, revocations, denials or voluntary surrenders of licenses.

(2) This chapter pertains to any person applying for or holding a Wisconsin motor vehicle dealer, motor vehicle wholesale dealer, or motor vehicle auction dealer license.

(2m) This chapter applies to any dealer or salesperson who sells or leases a vehicle to a person within the state of Wisconsin and delivers the vehicle within the boundaries of this state notwithstanding any contractual agreement between the dealer or salesperson and the person to the contrary.

(3) One purpose of this chapter is to interpret the definition of a motor vehicle dealer found in s. 218.0101, Stats., and that section's requirement that all motor vehicle dealers be licensed. The definition of a dealer is intended to cover a broad range of business activities relating to the sale of motor vehicles, yet it is also designed to give limited exemptions and thus ensure flexibility for individuals and businesses who wish to dispose of their private vehicles and provide advertising or other general business services to dealers.

Notes

Wis. Admin. Code Department of Transportation Trans 138.01

Cr. Register, July, 1981, No. 307, eff. 8-1-81; am. (1) and (2), Register, October, 1984, No. 346, eff. 11-1-84; correction in (1) made under s. 13.93(2m) (b) 7, Stats., Register, December, 1987, No. 384; am. (1), cr. (3), Register, June, 1991, No. 426, eff. 7-1-91; CR 99-135: cr. (2m) Register February 2004 No. 578, eff. 3-1-04; corrections in (1) and (3) made under s. 13.93(2m) (b) 7, Stats., Register February 2004 No. 578.