LRB-0744/1
PJH:kmg:km
2001 - 2002 LEGISLATURE
January 16, 2001 - Introduced by Representatives Olsen, Ott, Kreibich and
Freese, cosponsored by Senators Huelsman and Rosenzweig. Referred to
Committee on Highway Safety.
AB16,1,5 1An Act to amend 29.924 (2), 347.06 (1), 347.06 (4), 347.09 (1) (intro.), 347.10 (4),
2347.12 (1) (intro.), 347.13 (1), 347.16 (1) (intro.), 347.16 (2) (intro.) and 347.26
3(1) of the statutes; relating to: requiring headlamps and other required lamps
4on motor vehicles to be lighted whenever visibility is impaired by fog and
5providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person may operate a vehicle upon a highway during
hours of darkness unless any required headlamps, tail lamps, and clearance lamps
of the vehicle are lighted, with limited exceptions. This bill provides that these lamps
must also be lighted whenever visibility is impaired by fog.
A person who violates any of these provisions may be required to forfeit not less
than $10 no more than $20 for a first offense and not less than $25 nor more than $50
for a second or subsequent offense within a year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB16, s. 1 6Section 1. 29.924 (2) of the statutes is amended to read:
AB16,2,10
129.924 (2) Driving without headlights. In the performance of their law
2enforcement duties, wardens may operate motor vehicles owned or leased by the
3department upon a highway, other than an interstate, a state trunk highway, or any
4highway within the limits of any incorporated area, during hours of darkness or
5whenever visibility is impaired by fog,
without lighted headlamps, tail lamps, or
6clearance lamps, contrary to s. 347.06 (1), if the driving will aid in the
7accomplishment of a lawful arrest for violation of this chapter or in ascertaining
8whether a violation of this chapter has been or is about to be committed. Any civil
9action or proceeding brought against any warden operating a motor vehicle under
10this subsection is subject to ss. 893.82 and 895.46.
AB16, s. 2 11Section 2. 347.06 (1) of the statutes is amended to read:
AB16,2,1612 347.06 (1) Except as provided in subs. (2) and (4), no person may operate a
13vehicle upon a highway during hours of darkness or whenever visibility is impaired
14by fog
unless all headlamps, tail lamps, and clearance lamps with which such vehicle
15is required to be equipped are lighted. Parking lamps as defined described in s.
16347.27 shall not be used for this purpose.
AB16, s. 3 17Section 3. 347.06 (4) of the statutes is amended to read:
AB16,2,2218 347.06 (4) A duly authorized warden, as defined in s. 24.01 (11), may operate
19a vehicle owned or leased by the department of natural resources upon a highway
20during hours of darkness or whenever visibility is impaired by fog, without lighted
21headlamps, tail lamps, or clearance lamps in the performance of the warden's duties
22under s. 29.924 (2).
AB16, s. 4 23Section 4. 347.09 (1) (intro.) of the statutes is amended to read:
AB16,3,3
1347.09 (1) (intro.) No person shall operate a motor vehicle on a highway during
2hours of darkness or whenever visibility is impaired by fog unless such vehicle is
3equipped as follows:
AB16, s. 5 4Section 5. 347.10 (4) of the statutes is amended to read:
AB16,3,125 347.10 (4) Any motor vehicle may be operated during hours of darkness or
6whenever visibility is impaired by fog
when equipped with 2 lighted lamps upon the
7front thereof capable of revealing persons and objects 75 feet ahead in lieu of lamps
8required by subs. (1) to (3) if such vehicle at no time is operated at a speed in excess
9of 20 miles per hour. No lighted lamp under this subsection shall have any type of
10decorative covering that restricts the amount of light emitted when the lighted lamp
11is in use. This subsection does not apply to any type of decorative covering originally
12equipped on the vehicle at the time of manufacture and sale.
AB16, s. 6 13Section 6. 347.12 (1) (intro.) of the statutes is amended to read:
AB16,3,1814 347.12 (1) (intro.) Whenever a motor vehicle is being operated on a highway
15during hours of darkness or whenever visibility is impaired by fog, the operator shall
16use a distribution of light or composite beam directed high enough and of sufficient
17intensity to reveal a person or vehicle at a safe distance in advance of the vehicle,
18subject to the following requirements and limitations:
AB16, s. 7 19Section 7. 347.13 (1) of the statutes is amended to read:
AB16,4,620 347.13 (1) No person shall operate a motor vehicle, mobile home, or trailer or
21semitrailer upon a highway during hours of darkness or whenever visibility is
22impaired by fog
unless such motor vehicle, mobile home, or trailer or semitrailer is
23equipped with at least one tail lamp mounted on the rear which, when lighted during
24hours of darkness, emits a red light plainly visible from a distance of 500 feet to the
25rear. No tail lamp shall have any type of decorative covering that restricts the

1amount of light emitted when the tail lamp is in use. No vehicle originally equipped
2at the time of manufacture and sale with 2 tail lamps shall be operated upon a
3highway during hours of darkness or whenever visibility is impaired by fog unless
4both such lamps are in good working order. This subsection does not apply to any
5type of decorative covering originally equipped on the vehicle at the time of
6manufacture and sale.
AB16, s. 8 7Section 8. 347.16 (1) (intro.) of the statutes is amended to read:
AB16,4,118 347.16 (1) (intro.) No person shall operate on a highway , during hours of
9darkness or whenever visibility is impaired by fog, any vehicle, except automobiles,
10having a width at any part in excess of 80 inches, except an automobile, unless such
11vehicle is equipped with:
AB16, s. 9 12Section 9. 347.16 (2) (intro.) of the statutes is amended to read:
AB16,4,1513 347.16 (2) (intro.) No person shall operate any of the following vehicles on a
14highway during hours of darkness or whenever visibility is impaired by fog unless
15such vehicles are equipped as indicated:
AB16, s. 10 16Section 10. 347.26 (1) of the statutes is amended to read:
AB16,4,2217 347.26 (1) General restrictions. A vehicle need not be equipped with the
18lamps specified in this section, but if a vehicle is equipped with any such lamps, no
19person shall operate such vehicle on a highway during hours of darkness or whenever
20visibility is impaired by fog
unless such lamps comply with the requirements of this
21section and no person shall use such lamps in a manner inconsistent with this
22section.
AB16,4,2323 (End)
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