2003 - 2004 LEGISLATURE
August 7, 2003 - Introduced by Representatives Pettis, Lothian, Albers, Hines
and Seratti, cosponsored by Senator Stepp. Referred to Committee on
1An Act to amend
23.33 (5) (c); and to create
23.33 (1) (jg), 23.33 (1) (jo), 23.33 2
(3) (gm), 23.33 (7) (c) and 23.33 (10m) of the statutes; relating to: all-terrain
3vehicle racing and the operation of all-terrain vehicles by juveniles.
Analysis by the Legislative Reference Bureau
Under current law, operators of all-terrain vehicles are prohibited from
operating those vehicles in certain specified ways, including in a careless way so as
to endanger a person, with a firearm unless it is unloaded and in a carrying case, or
within 150 feet of a dwelling at a speed exceeding ten miles per hour. This bill
prohibits the operation of an all-terrain vehicle at a speed exceeding ten miles per
hour within 100 feet of an individual who is not on an all-terrain vehicle. This new
prohibition does not apply to the operation of an all-terrain vehicle in a sanctioned
race or derby.
Current law prohibits an individual under the age of 12 from operating an
all-terrain vehicle unless he or she is operating the vehicle for agricultural purposes
under the supervision of a person over the age of 18 or unless he or she is operating
the vehicle on an all-terrain vehicle trail and is accompanied by a parent. Currently
an individual age 12 to 16 has limits on his or her operation of an all-terrain vehicle,
including a prohibition from operating an all-terrain vehicle unless he or she has an
all-terrain vehicle safety certificate or is accompanied by an individual over the age
of 18. These prohibitions do not apply to the operation of an all-terrain vehicle on
land under the management and control of the individual's immediate family. This
bill changes the applicability of these prohibitions so that those prohibitions do not
apply to the operation of an all-terrain vehicle on private property or during a
sanctioned race or derby.
If an accident involving an all-terrain vehicle results in the death of any
individual or an injury that requires treatment by a physician, the operator of each
all-terrain vehicle involved in the accident must notify a conservation warden or law
enforcement officer of the accident and file a written report with the Department of
Natural Resources. This bill exempts operators of all-terrain vehicles from this
reporting requirement if the accident occurs during a sanctioned race or derby.
This bill defines a sanctioned race or derby and requires the sponsor of such a
race or derby to obtain any required permits, give timely notice of the event to the
local conservation warden or law enforcement agency, mark the raceway with
fencing or signs that meet certain standards, and remove those fences and signs after
the sanctioned race or derby ends.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB463, s. 1
23.33 (1) (jg) of the statutes is created to read:
(jg) "Raceway facility" means an area on private or public land, 3
including the frozen surface of public waters, that is designated by the sponsor of a 4
sanctioned race or derby for the purpose of conducting a sanctioned race or derby and 5
that may include a marked warm-up and testing area and crew pits.
AB463, s. 2
23.33 (1) (jo) of the statutes is created to read:
(jo) "Sanctioned race or derby" means a competitive all-terrain 8
vehicle event that is conducted at a raceway facility, that is sponsored by a county, 9
city, town, or village, chamber of commerce, all-terrain vehicle club, promoter, or 10
similar organization, and for which any required permits have been obtained.
AB463, s. 3
23.33 (3) (gm) of the statutes is created to read:
(gm) At a speed exceeding 10 miles per hour when within 100 feet of 13
an individual who is not on an all-terrain vehicle. This paragraph does not apply
to an individual racing an all-terrain vehicle in a sanctioned race or to an individual 2
operating an all-terrain vehicle in a sanctioned derby.
AB463, s. 4
23.33 (5) (c) of the statutes is amended to read:
Paragraphs (a) and (b) do not apply to a person who 5
operates an all-terrain vehicle exclusively on land under the management and
6control of the person's immediate family private property or during a sanctioned race
. Paragraphs (a) and (b) do not apply to a person at least 12 years of age but 8
under 16 years of age who holds a valid certificate issued by another state or a 9
province of Canada.
AB463, s. 5
23.33 (7) (c) of the statutes is created to read:
(c) This subsection does not apply to accidents that occur during a 12
sanctioned race or derby.
AB463, s. 6
23.33 (10m) of the statutes is created to read:
23.33 (10m) Operation of sanctioned race or derby.
(a) The sponsor of a 15
sanctioned race or derby shall do all of the following:
1. Obtain any permits required to operate the race or derby.
2. Not less than 7 days before the race or derby, give notice in writing of the race 18
or derby to the local conservation warden or law enforcement agency having 19
jurisdiction over the raceway facility involved in the race or derby.
3. When conducting a race or derby on public land, including the frozen surface 21
of public waters, clearly mark the raceway facility by signs or exclusion fencing 22
warning that a sanctioned race or derby is taking place.
4. If using warning signs, the signs must meet all of the following requirements:
a. Be placed not more than 100 feet apart.
b. Include the name of the race or derby sponsor or the name of person 2
responsible or in charge of the race or derby.
c. Include the words: "Caution — Race in Progress."
5. Remove all signs and exclusion fences immediately after the end of the race 5
(b) No person may enter a raceway facility, except spectators, racers, event 7
organizers, conservation wardens, law enforcement officers, and others authorized 8
by the sponsor.