Feed for /2001/related/acts/16 PDF
346.65 (6) (a) 1. The Except as provided in s. 343.301, the court may order a law enforcement officer to seize the motor vehicle used in the violation or improper refusal and owned by the person, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person, whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a), (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 or more prior suspensions, revocations or convictions, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus other convictions, suspensions or revocations counted under s. 343.307 (1). The court may not order a motor vehicle seized, equipped with an ignition interlock device or immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.
16,3443k Section 3443k. 346.65 (6) (a) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
346.65 (6) (a) 1. Except as provided in s. 343.301, the The court may order a law enforcement officer to seize the motor vehicle used in the violation or improper refusal and owned by the person, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person, whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a), or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or, (b), (c), or (d), or 940.25 (1) (a), (b), (c), or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 or more prior suspensions, revocations, or convictions, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1). The court may not order a motor vehicle seized, equipped with an ignition interlock device or immobilized if that if the court enters an order under s. 343.301 to immobilize the motor vehicle or equip the motor vehicle with an ignition interlock device or if seizure would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.
16,3443m Section 3443m. 346.65 (6) (m) of the statutes is amended to read:
346.65 (6) (m) The Except as provided in s. 343.301, the court may order a vehicle to be immobilized under this subsection for not more than the period that the person's operating privilege is revoked under s. 343.30 or 343.31. The court may order a vehicle to be equipped with an ignition interlock device under this subsection for not more than 2 years more than the period that the person's operating privilege is revoked under s. 343.30 or 343.31. If the court orders any motor vehicle immobilized or equipped with an ignition interlock device under this subsection, the owner shall be liable for the reasonable costs of the immobilization or the equipping of the ignition interlock device. If a motor vehicle that is immobilized is subject to a security agreement, the court shall release the motor vehicle to the secured party upon the filing of an affidavit by the secured party that the security agreement is in default and upon payment of the accrued cost of immobilizing the motor vehicle.
16,3444 Section 3444. 346.655 (1) of the statutes is amended to read:
346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge in an amount of $345 $355 in addition to the fine or forfeiture, penalty assessment, jail assessment and, crimes laboratories and drug law enforcement assessment, and, if required by s. 349.04, truck driver education assessment.
16,3445 Section 3445. 346.655 (2) (b) of the statutes is amended to read:
346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment of 38.5% of the amount to the state treasurer as provided in s. 66.0114 (1) (b) (bm). The treasurer of the city, town, or village shall transmit the remaining 61.5% of the amount to the treasurer of the county.
16,3445be Section 3445be. 346.94 (18) of the statutes is created to read:
346.94 (18) Low-speed vehicles on roadway. (a) A person may operate a low-speed vehicle upon any roadway that is under the jurisdiction of a local authority and that has a speed limit of 25 or less miles per hour.
(b) No person may operate a low-speed vehicle upon any roadway that is under the jurisdiction of a local authority and that has a speed limit of more than 25 miles per hour but not more than 35 miles per hour unless the roadway is designated for low-speed vehicle operation by municipal or county ordinance enacted under s. 349.237 (1).
(c) No person may operate a low-speed vehicle upon any highway that has a speed limit of more than 35 miles per hour. Except at crossings authorized under s. 349.237 (2), and at intersections where traffic is controlled by an official traffic control device, no person may operate a low-speed vehicle upon a state trunk highway or connecting highway. This paragraph does not apply to vehicles registered under s. 341.26 (2m) or vehicles exempted from this paragraph by the department by rule.
16,3445bk Section 3445bk. 346.95 (8) of the statutes is created to read:
346.95 (8) Any person violating s. 346.94 (18) may be required to forfeit not less than $30 nor more than $300.
16,3445bp Section 3445bp. 347.02 (8) of the statutes is created to read:
347.02 (8) Notwithstanding the requirements of this chapter or s. 340.01 (27m), the department may, by rule, establish for low-speed vehicles special equipment standards that differ from the equipment standards established under this chapter. Special equipment standards established under this subsection shall be identical to the federal standards established in 49 CFR 571.500, except that the department may establish additional standards for equipment not required under 49 CFR 571.500.
16,3445c Section 3445c. 347.06 (1) of the statutes is amended to read:
347.06 (1) Except as provided in subs. (2) and, (4), and (5), no person may operate a vehicle upon a highway during hours of darkness unless all headlamps, tail lamps, and clearance lamps with which such vehicle is required to be equipped are lighted. Parking lamps as defined in s. 347.27 shall not be used for this purpose.
16,3445d Section 3445d. 347.06 (5) of the statutes is created to read:
347.06 (5) A state forest ranger appointed under s. 28.92 may operate a vehicle owned or leased by the department of forestry upon a highway during hours of darkness without lighted headlamps, tail lamps, or clearance lamps in the performance of his or her duties.
16,3445dg Section 3445dg. 347.14 (2) of the statutes is amended to read:
347.14 (2) A stop lamp shall be so constructed as to be actuated upon application of the service or foot brake or separate trailer brake and shall emit a red or amber light. The stop lamp for a motorcycle may emit, in addition to the red light, a blue light that is located in the center of the lamp and that comprises less than 10% of the surface area of the lamp. A stop lamp under this subsection shall be plainly visible and understandable from all distances up to 300 feet to the rear during normal sunlight when viewed from the driver's seat of the vehicle following.
16,3445dm Section 3445dm. 347.25 (4) of the statutes is amended to read:
347.25 (4) No Except as provided in s. 347.14 (2), no vehicle may be equipped with or display any blue colored light or lamp unless the vehicle is used in police work authorized by the state or a political subdivision of the state or is used by a fire department as authorized under sub. (1s).
16,3445f Section 3445f. 347.413 (1) of the statutes is amended to read:
347.413 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 343.301 (1) or 346.65 (6). This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.
16,3445g Section 3445g. 347.413 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
347.413 (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 343.301 (1) or 346.65 (6), 1999 stats., or s. 343.301 (1). This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.
16,3445h Section 3445h. 347.417 (1) of the statutes is amended to read:
347.417 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of any immobilization device installed in response to a court order under s. 343.301 (2) or 346.65 (6). This subsection does not apply to the removal of an immobilization device pursuant to a court order or to necessary repairs to a malfunctioning immobilization device.
16,3445j Section 3445j. 347.417 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
347.417 (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of any immobilization device installed in response to a court order under s. 343.301 (2) or 346.65 (6), 1999 stats., or s. 343.301 (2). This subsection does not apply to the removal of an immobilization device pursuant to a court order or to necessary repairs to a malfunctioning immobilization device.
16,3445k Section 3445k. 347.417 (2) of the statutes is amended to read:
347.417 (2) The department shall design a warning label which shall be affixed by the owner of each immobilization device before the device is used to immobilize any motor vehicle under s. 343.301 (2) or 346.65 (6). The label shall provide notice of the penalties for removing, disconnecting, tampering with or otherwise circumventing the operation of the immobilization device.
16,3445m Section 3445m. 347.417 (2) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
347.417 (2) The department shall design a warning label which shall be affixed by the owner of each immobilization device before the device is used to immobilize any motor vehicle under s. 343.301 (2) or 346.65 (6), 1999 stats., or s. 343.301 (2). The label shall provide notice of the penalties for removing, disconnecting, tampering with, or otherwise circumventing the operation of the immobilization device.
16,3445p Section 3445p. 348.16 (3) of the statutes is amended to read:
348.16 (3) Any motor vehicle whose operation is pickup or delivery, including operation for the purpose of moving or delivering supplies or commodities to or from any place of business or residence that has an entrance on a class "B" highway, may pick up or deliver on a class "B" highway if the gross weight imposed on the highway by the wheels of any one axle does not exceed 16,500 pounds, subject to the approval of the county highway commissioner or the county highway committee in the case of highways maintained by the county without complying with the gross vehicle weight limitations imposed by sub. (2).
16,3446k Section 3446k. 348.25 (8) (a) 1. of the statutes is amended to read:
348.25 (8) (a) 1. For a vehicle or combination of vehicles which that exceeds length limitations, $15, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $17.
16,3447k Section 3447k. 348.25 (8) (a) 2. of the statutes is amended to read:
348.25 (8) (a) 2. For a vehicle or combination of vehicles which that exceeds either width limitations or height limitations, $20, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $22 $23.
16,3448k Section 3448k. 348.25 (8) (a) 2m. of the statutes is amended to read:
348.25 (8) (a) 2m. For a vehicle or combination of vehicles which that exceeds both width and height limitations, $25, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $28 $29.
16,3449k Section 3449k. 348.25 (8) (b) 1. of the statutes is amended to read:
348.25 (8) (b) 1. For a vehicle or combination of vehicles which that exceeds length limitations, $60, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $66 $69.
16,3450k Section 3450k. 348.25 (8) (b) 2. of the statutes is amended to read:
348.25 (8) (b) 2. For a vehicle or combination of vehicles which that exceeds width limitations or height limitations or both, $90, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $99 $104.
16,3451k Section 3451k. 348.25 (8) (b) 3. a. of the statutes is amended to read:
348.25 (8) (b) 3. a. If the gross weight is 90,000 pounds or less, $200, except that if the application for a permit for a vehicle described in this subd. 3. a. is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $220 $230.
16,3452k Section 3452k. 348.25 (8) (b) 3. b. of the statutes is amended to read:
348.25 (8) (b) 3. b. If the gross weight is more than 90,000 pounds but not more than 100,000 pounds, $350, except that if the application for a permit for a vehicle described in this subd. 3. b. is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $385 $403.
16,3453k Section 3453k. 348.25 (8) (b) 3. c. of the statutes is amended to read:
348.25 (8) (b) 3. c. If the gross weight is greater than 100,000 pounds, $350 plus $100 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds, except that if the application for a permit for a vehicle described in this subd. 3. c. is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $385 plus $110 $403 plus $115 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds.
16,3454k Section 3454k. 348.25 (8) (bm) 1. of the statutes is amended to read:
348.25 (8) (bm) 1. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $15 for each permit issued. This subdivision does not apply to applications for permits submitted after December 31, 1999, and before July 1, 2003 March 1, 2009.
16,3455k Section 3455k. 348.25 (8) (bm) 2. of the statutes is amended to read:
348.25 (8) (bm) 2. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $16.50 $17.25 for each permit issued, rounded to the nearest whole dollar. This subdivision does not apply to applications submitted before January 1, 2000 2002, or submitted after June 30, 2003 February 28, 2009.
16,3456 Section 3456. 348.27 (10) of the statutes is amended to read:
348.27 (10) Transportation of grain or coal or iron. The department may issue annual or consecutive month permits for the transportation of loads of grain, as defined in s. 127.01 (18) 126.01 (13), coal, iron ore concentrates or alloyed iron on a vehicle or a combination of 2 or more vehicles that exceeds statutory weight or length limitations and for the return of the empty vehicle or combination of vehicles over any class of highway for a distance not to exceed 5 miles from the Wisconsin state line. If the roads desired to be used by the applicant involve streets or highways other than those within the state trunk highway system, the application shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the other highway. This subsection does not apply to highways designated as part of the national system of interstate and defense highways.
16,3456k Section 3456k. 349.04 of the statutes is created to read:
349.04 Truck driver education assessments. (1) If a court imposes a fine or forfeiture for a violation of a provision of chs. 346 to 348 or a rule issued under chs. 346 to 348 and the violation involved a commercial motor vehicle, the court shall impose a truck driver education assessment of $8.
(2) If a fine or forfeiture is suspended in whole or in part, the truck driver education assessment shall be reduced in proportion to the suspension.
(3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the truck driver education assessment under this section. If the deposit is forfeited, the amount of the truck driver education assessment shall be transmitted to the state treasurer under sub. (4). If the deposit is returned, the amount of the truck driver education assessment shall also be returned.
(4) The clerk of the circuit court shall collect and transmit to the county treasurer the truck driver education assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this subsection in the general fund to be credited to the appropriation account under s. 20.292 (1) (hm).
(5) This section first applies to fines and forfeitures imposed on the first day of the first month beginning after the director of the technical college system notifies the director of state courts under 2001 Wisconsin Act .... (this act), section 9148 (1f) that the truck driver training center at Waukesha County Technical College is scheduled to open.
16,3456m Section 3456m. 349.06 (3) of the statutes is amended to read:
349.06 (3) If an operator of a vehicle violates a local ordinance in strict conformity with s. 346.04 (1) or (2), 346.18 (6), 346.27, 346.37, 346.39, 346.46 (1), 346.57 (2), (3), (4) (d) to (h), (L), or (m) or (5) or 346.62 (2) where persons engaged in work in a highway maintenance or construction area or in a utility work area are at risk from traffic, any applicable minimum and maximum forfeiture for the violation shall be doubled.
16,3456mg Section 3456mg. 349.06 (4) of the statutes is created to read:
349.06 (4) Any municipality or county may enact and enforce an ordinance that regulates the equipment of a low-speed vehicle if the ordinance strictly conforms to rules promulgated under s. 347.02 (8). An ordinance that incorporates by reference existing and future amendments of rules promulgated under s. 347.02 (8) shall be considered to be in strict conformity and not contrary to or inconsistent with s. 347.02 (8) and rules promulgated under that subsection.
16,3456nm Section 3456nm. 349.105 of the statutes is amended to read:
349.105 Authority to prohibit certain traffic on expressways and freeways. The authority in charge of maintenance of an expressway or freeway may, by order, ordinance or resolution, prohibit the use of such expressway or freeway by pedestrians, persons riding bicycles or other nonmotorized traffic or by persons operating low-speed vehicles, mopeds or motor bicycles. The state or local authority adopting any such prohibitory regulation shall erect and maintain official signs giving notice thereof on the expressway or freeway to which such prohibition applies.
16,3456p Section 3456p. 349.11 (2) (d) of the statutes is created to read:
349.11 (2) (d) Modify the limits stated in s. 346.57 (4) (L) or (m).
16,3456s Section 3456s. 349.237 of the statutes is created to read:
349.237 Authority to regulate operation of low-speed vehicles. The governing body of any municipality or county may by ordinance do any of the following:
(1) Designate any roadway under its jurisdiction having a speed limit of more than 25 miles per hour but not more than 35 miles per hour upon which a low-speed vehicle may be operated.
(2) Designate locations for low-speed vehicles to cross a state trunk highway or connecting highway that is not a controlled-access highway. A municipality or county may erect official signs or mark a crossing designated under this subsection only as directed by the department.
16,3457 Section 3457. 350.01 (3r) of the statutes is repealed.
16,3457m Section 3457m. 350.01 (9g) of the statutes is amended to read:
350.01 (9g) "Law enforcement officer" has the meaning specified under s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1) or a state forest ranger appointed under s. 28.92.
16,3458 Section 3458. 350.01 (10t) of the statutes is created to read:
350.01 (10t) "Registration documentation" means a snowmobile registration certificate, a validated registration receipt, or a registration decal.
16,3459 Section 3459. 350.01 (22) of the statutes is created to read:
350.01 (22) "Validated registration receipt" means a receipt issued by the department or an agent under s. 350.12 (3h) (ag) 1. a. that shows that an application and the required fee for a registration certificate has been submitted to the department.
16,3460 Section 3460. 350.12 (3) (a) (intro.) of the statutes is amended to read:
350.12 (3) (a) (intro.) Except as provided under subs. (2) and (5) (cm), no person may operate and no owner may give permission for the operation of any snowmobile within this state unless the snowmobile is registered for public use or private use under this paragraph or s. 350.122 or as an antique under par. (b) and has the registration decals displayed as required under sub. (5) or s. 350.122 or unless the snowmobile has a reflectorized plate attached as required under par. (c) 3. A snowmobile that is not registered as an antique under par. (b) may be registered for public use. A snowmobile that is not registered as an antique under par. (b) and that is used exclusively on private property, as defined under s. 23.33 (1) (n), may be registered for private use. A snowmobile public-use registration certificate is valid for 2 years beginning on the July 1 prior to the date of application if registration is made prior to April 1 and beginning on the July 1 subsequent to the date of application if registration is made after April 1 and ending on June 30, 2 years thereafter. A snowmobile private-use registration certificate is valid from the date of issuance until ownership of the snowmobile is transferred. The fee for the issuance or renewal of a public-use registration certificate is $20 $30, except that the fee is $5 if it is a snowmobile owned and operated by a political subdivision of this state. There is no fee for the issuance of a private-use registration certificate or for the issuance of a registration certificate to the state.
16,3461 Section 3461. 350.12 (3) (a) 3. of the statutes is amended to read:
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