2013 - 2014 LEGISLATURE
February 10, 2014 - Introduced by Representatives Marklein, Born, Brooks,
Czaja, Kaufert, Kleefisch, Knodl, Kulp, T. Larson, Milroy, Nerison, A. Ott,
Petryk, Ringhand, Skowronski, Steineke, Swearingen and Vruwink,
cosponsored by Senators Leibham and L. Taylor. Referred to Committee on
Natural Resources and Sporting Heritage.
1An Act to renumber and amend
23.33 (4) (d) 3.; to amend
23.33 (4) (b), 23.33 2
(11) (am) 1. and 23.33 (11) (b); and to create
23.33 (4) (d) 3. b. and 23.33 (11) 3
(am) 3. of the statutes; relating to: the operation of all-terrain vehicles and
4utility terrain vehicles on highway bridges.
Analysis by the Legislative Reference Bureau
Under current law, a person may operate an all-terrain vehicle (ATV) or utility
terrain vehicle (UTV) on the roadway portion of a highway only in certain situations,
including to cross a bridge. However, current law prohibits a person operating an
ATV or UTV from crossing a bridge on a roadway that is officially closed to ATV or
UTV traffic. This bill allows a person to operate an ATV or UTV on the roadway or
shoulder of a highway for the purpose of crossing a bridge even if the roadway is
officially closed to ATV or UTV traffic if the bridge is within the territorial boundaries
of a county that has enacted an ordinance allowing the operation of an ATV or UTV
on that roadway and shoulder for the purpose of crossing the bridge and within the
territorial boundaries of a city, village, or town that has enacted a similar ordinance
applicable to that bridge.
For further information see the state and local 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:
23.33 (4) (b) of the statutes is amended to read:
(b) Other highways; operation restricted.
No person may operate an 3
all-terrain vehicle or utility terrain vehicle on a highway except as authorized under 4
pars. (d), (e), and (f) and sub. (11) (am) 2. or 3.
or as authorized by rules promulgated 5
by the department and approved by the department of transportation.
23.33 (4) (d) 3. of the statutes, as affected by 2013 Wisconsin Act 67
is renumbered 23.33 (4) (d) 3. a. and amended to read:
(d) 3. a. To cross a bridge, culvert, or railroad right-of-way. The 9
crossing of a bridge, culvert, or railroad right-of-way is not authorized if the 10
roadway is officially closed to all-terrain vehicle or utility terrain vehicle traffic,
11except as provided in subd. 3. b
. The crossing is authorized only if the crossing is done 12
in the most direct manner practicable, if the crossing is made at a place where no 13
obstruction prevents a quick and safe crossing, and if the operator stops the vehicle 14
prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and 15
electric personal assistive mobility devices using the roadway.
23.33 (4) (d) 3. b. of the statutes is created to read:
(d) 3. b. A person may operate an all-terrain vehicle or utility terrain 18
vehicle on the roadway or shoulder of any highway to cross a bridge that is 1,000 feet 19
in length or less if the operation is in compliance with a county ordinance adopted 20
under sub. (11) (am) 3. that applies to that bridge and a city, village, or town 21
ordinance adopted under sub. (11) (am) 3. that applies to that bridge.
23.33 (11) (am) 1. of the statutes is amended to read:
(am) 1. Any county, town, city,
or village may enact an ordinance 24which that
is in strict conformity with this section and rules promulgated by the
department under this section,
if the ordinance encompasses all aspects 2
encompassed by this section, except as provided in subd. subds.
2. and 3.
23.33 (11) (am) 3. of the statutes is created to read:
(am) 3. A county, city, village, or town may enact an ordinance to 5
authorize the operation of all-terrain vehicles and utility terrain vehicles on a 6
highway bridge that is 1,000 feet in length or less and located within the territorial 7
boundaries of the county, city, village, or town regardless of whether the county, city, 8
village, or town has jurisdiction over the highway. Any such ordinance shall require 9
a person crossing a bridge to do all of the following:
a. Cross the bridge in the most direct manner practicable and at a place where 11
no obstruction prevents a quick and safe crossing.
b. Stay as far to the right of the roadway or shoulder as practicable.
c. Stop the vehicle prior to the crossing.
d. Yield the right-of-way to other vehicles, pedestrians, and electric personal 15
assistive mobility devices using the roadway or shoulder.
23.33 (11) (b) of the statutes is amended to read:
(b) If a county, town, city, or village adopts an ordinance regulating 18
all-terrain vehicles, utility terrain vehicles, or both, its clerk shall immediately send 19
a copy of the ordinance to the department, to the state traffic patrol,
and to the office 20
of any law enforcement agency of the municipality or
county, town, city, or
having jurisdiction over any highway designated as an all-terrain vehicle
22route of the highways to which the ordinance applies