Wis. Admin. Code Department of Transportation Trans 139.02 - Definitions
Words and phrases defined in ss. 340.01 and 342.01, Stats., apply to this chapter unless a different definition is specified. In this chapter:
(1) "Business use" means any motor vehicle
owned or leased by either of the following:
(a) A company, other than a lessor.
(b) An individual and primarily operated for
business use.
(2) "Cash
price" means manufacturer's suggested retail price, or dealer asking price,
including manufacturer installed options and accessories and manufacturer
transportation charges, plus dealer installed options and accessories and
additional dealer markup, profit and transportation charges, minus the dollar
value of cash discounts.
(3)
"Damage" means defects caused by reasons other than normal wear through vehicle
age and usage.
(3m) "Day" means
calendar day, unless otherwise stated in this chapter. The provisions of s.
990.001(4),
Stats., apply to calculations of time under this chapter, except that a legal
holiday shall be counted as a day if the dealer is open for business.
(4) "Demonstrator" means any untitled or
non-privately titled motor vehicle which was used primarily for the purpose of
demonstration to the public.
(5)
"Executive" means any untitled or non-privately titled motor vehicle which was
used primarily by executives of licensed manufacturers, distributors or dealers
and not used for demonstration to the public.
(6) "Insurance service plan" means a repair
agreement issued by an insurance company and sold by a dealer.
(6m) "Lease buy-out" means the lease option
price or, if there is no option price, the amount the lessee shall pay the
lessor to terminate the lease and transfer title to the vehicle.
(7) "Lease use" means any motor vehicle
leased for a period of time exceeding 4 months.
(8) "Licensee" means any motor vehicle
manufacturer, distributor, dealer, or salesperson, or any combination thereof,
licensed by the department.
(9)
"Manufacturer" includes distributor.
(9m) "Manufacturer recall" means a recall
inspection or repair which the manufacturer of a vehicle has been ordered to
have performed by the national highway traffic safety administration or which
the manufacturer has agreed voluntarily to have performed for safety
reasons.
(9r) "Manufacturer
warranty" means the original new vehicle warranty issued by the vehicle
manufacturer. That term includes any motor home warranty issued by the vehicle
engine or chassis manufacturer. Manufacturer warranty does not include a
warranty issued by a manufacturer of vehicle parts or services not warranted by
the vehicle manufacturer.
(10)
"Material" means that a reasonable person would attach importance to its
existence or a seller knows or had reason to know that a buyer would regard it
as important. A seller has reason to know that information is material if a
buyer specifically requests the information.
(10g) "Motor vehicle dealer" or "dealer" has
the meaning as provided in s.
Trans
138.02(5g).
(10r) "Motor vehicle salesperson" or
"salesperson" has the meaning as provided in s.
Trans
138.02(5r).
(11) "New" means any untitled or
non-privately titled motor vehicle of the stated model year which has not been
a demonstrator and has not been operated more than 200 miles for purposes other
than manufacturer tests, pre-delivery tests by a dealer, dealer exchange or
delivery.
(12) "Personal use" means
any motor vehicle owned or leased by an individual and primarily operated for
personal use.
(13) "Private retail
purchaser" or "retail purchaser" means any purchaser not licensed as a motor
vehicle manufacturer, distributor, dealer, or wholesaler.
(14) "Privately titled vehicle" means a
vehicle titled by a private individual or any party other than a licensed motor
vehicle manufacturer, distributor, or dealer.
(15) "Reasonable care" means the following:
(a) For vehicle inspections, a standard that
requires an interior and exterior inspection, an under-hood and under-vehicle
inspection, and a test drive. It does not require taking the vehicle apart or
running tests unless it is necessary to diagnose apparent symptoms. Brakes may
require some disassembly to satisfy the requirements in ch. Trans
305.
(b) For records inspections, a
standard that requires providing information the dealership gets from
manufacturer and auction notices, prior owner documents and disclosures, and
their own vehicle inspection and repair records. It does not require contacting
prior owners or obtaining records of previous titles unless necessary to
clarify inconsistent or questionable information that is apparent.
(16) "Rebuilt salvage" means any
repaired vehicle that has ever had a salvage notation on its certificate of
title from Wisconsin or another jurisdiction.
(17) "Rental use" means any motor vehicle
rented for a period of time not exceeding 4 months.
(18) "Sale" includes lease with the option of
purchase when the option is exercised.
(19) "Service contract" means any repair
agreement sold by a dealer.
(19m)
"Title" means certificate of title issued by the Wisconsin department of
transportation under ch. 342, Stats., or by another state in conformity with
its applicable law, as evidence of ownership of a specific vehicle.
(20) "Used" means any motor vehicle other
than a new motor vehicle and includes executive or demonstrator.
(21) "Water damaged vehicle" means a vehicle
that has been materially damaged by being covered, in whole or in part, by
water, whether by flood or other occurrence and the damage is less than what is
required to meet the definition for branding in s.
342.10(3) (d),
Stats.
Notes
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