Wis. Admin. Code Department of Transportation Trans 142.07 - Dealer facilities and records

(1) DEALER BUSINESS FACILITIES. Business facilities required to be provided and maintained by recreational vehicle dealers are as follows:

(a) A building with a business office to maintain the books, records and files necessary to conduct business. The required business office may be established within a residence if it is accessible to an outside entrance and is used primarily for conducting the recreational vehicle business.

(b) If a display lot is provided, it shall be within the same block or directly across the street from the main business location.

(c) A repair shop, or a service contract with a nearby repair shop, where there are repair tools, repair equipment and personnel to perform the services provided for in a warranty applicable to a recreational vehicle sold by the dealer. Any service contract shall be on the form provided by the department.

(2) ZONING. The business premises shall comply with the local zoning, building code and permit requirements.

(3) SIGN. Recreational vehicle dealers who carry and display inventory shall provide an exterior business sign in compliance with s. 100.18(5), Stats.

(4) TEMPORARY SALES LOCATIONS. Recreational vehicle dealers shall be permitted to display and sell recreational vehicles at a temporary site other than the licensed place of business, providing that:

(a) Each dealer furnishes the department with written notification of the sale and location at least 10 days in advance; and

(b) The duration of each sale does not exceed 10 days; and

(c) The dealer does not participate in more than 6 sales during each licensing (calendar) year; and

(d) Each participating dealer furnishes each consumer a written notice of the 3-day "cooling off" rights pursuant to s. 423.203, Stats.

(5) RECORDS KEPT. The minimum of books and records required to be kept and maintained at the licensed business premises by recreational vehicle dealers under ss. 218.11(3) and (7) (c) and 342.16(2), Stats., shall include:

(a) The title for each used recreational vehicle owned and offered for sale and the manufacturer's statement of origin for each new recreational vehicle owned and offered for sale. The dealer shall also have either a factory invoice, a completed retailer reassignment form, or a purchase contract evidencing trade-in or purchase when a manufacturer or lending institution is holding the title or manufacturer's statement of origin of the recreational vehicle.

(b) A written consignment agreement between the owner and dealer for each recreational vehicle owned by an individual and offered for sale by the dealer.

(c) The original or a copy of all recreational vehicle purchase contracts, purchase orders and invoices. The records shall also include a copy of Wisconsin title and registration application forms submitted to the department as additional evidence of the sale as well as information regarding collection of Wisconsin title and registration fees.

(d)

1. The following information shall be kept on every recreational vehicle bought, sold, exchanged or consigned:

a. Date of acquisition of the vehicle.

b. Name and address of the person from whom the vehicle was acquired.

c. Whether the vehicle was new or used.

d. The year, make and vehicle identification number, or VIN, of the vehicle.

e. The date of the disposition of the vehicle.

f. The name and address of the person to whom any vehicle was disposed.

2. Persons requiring a license who do not maintain their records in an electronic data processing record keeping system shall maintain the information required in subd. 1. in a permanently bound book containing consecutively pre-numbered pages with horizontal line ruling. Initial entries shall be made immediately when each recreational vehicle is acquired. Sales information shall be entered on the same line at the time of the sale. All entries shall be consecutively entered in ink and be legible. Blank horizontal lines shall not be allowed. The information should be maintained in the following format:

Date Acquired

Acquired From Name & Address

New or Used

Year-Make-VIN

Date Sold or Disposed of

Disposed of or Sold to Name & Address

3. Persons requiring a license who maintain their records in an electronic data record keeping system shall maintain the information required in subd. 1. in compliance with the following requirements:

a. One record shall contain all of the information specified in subd. 1.

b. Initial entries shall be made immediately when each recreational vehicle is acquired.

c. The information shall be accessible for inspection and shall be retrievable electronically by the date acquired, name of person from whom the vehicle was acquired, VIN, date sold, and name of person to whom the vehicle was disposed.

d. All records shall be retrievable during the inspection and a printer shall be kept on site to provide hard copy if requested. Hard copy shall include all information in the same format as specified in subd. 2. Horizontal and vertical lines are not required.

e. An employee of the person requiring a license shall be available to retrieve the records during the hours of operation of the business.

(e) The information as specified in par. (d) shall be maintained for 5 years, as required by s. 342.16, Stats., and all other required records shall be maintained for a period of 5 years from the date of sale, including facsimile copies of factory invoices, dealer reassignment forms, consignment agreements, purchase contracts, MV1 and MV11 Wisconsin title and registration applications, used recreational vehicle disclosure labels, regular and conforming power of attorney forms, and for motor vehicles taken in trade, prior owner odometer disclosure statements and dealer's subsequent odometer disclosure statements. The records shall be kept in the place of business during business hours and shall be open to inspection and copying by the department during reasonable business hours.

(f) Persons requiring a license who maintain their used vehicle records as specified in par. (d) in an electronic data processing record keeping system can satisfy the record retention requirement in par. (e) with hard copy of their records when memory limitations of the electronic system prohibit electronic storage for the specified period. Hard copy shall meet the following requirements:

1. Hard copy shall include only those records of vehicles that have been disposed of. Incomplete records of vehicles acquired and still in inventory must be maintained on the electronic system until disposed of and the record is completed.

2. Hard copy shall include all information in the same format as specified in par. (d) 2. Horizontal and vertical line ruling shall not be required.

3. Hard copy shall be printed in the order of the date acquired and each report shall contain at least 12 consecutive months of vehicle acquisitions.

4. Hard copy shall contain system generated page numbers and the current date on every page.

Notes

Wis. Admin. Code Department of Transportation Trans 142.07

Cr. Register, October, 1984, No. 346, eff. 11-1-84; renum. (5) (d) to be (5) (d) 2. and am., cr. (5) (d) 1. and 3., (f), am. (5) (e), Register, January, 1996, No. 481, eff. 2-1-96; 2013 Wis. Act 363: am. (5) (c) Register May 2014 No. 701, eff. 6-1-14.

Dealer financial responsibility requirements are specified in ch. Trans 140.