2019 - 2020 LEGISLATURE
March 15, 2019 - Introduced by Representatives Knodl, Brandtjen, Brooks,
Edming, Felzkowski, Gundrum, Horlacher, Kerkman, Kuglitsch, Kulp,
Kurtz, Mursau, Novak, Oldenburg, Petryk, Plumer, Pronschinske,
Ramthun, Rodriguez, Rohrkaste, Shankland, Tittl, Tranel, Tusler,
VanderMeer and Wichgers, cosponsored by Senators Jacque, Marklein,
Schachtner, Stroebel and Kapenga. Referred to Committee on
1An Act to repeal
340.01 (32) (a) (intro.); to renumber
340.01 (32) (a) 1., 340.01 2
(32) (a) 2. and 340.01 (32) (b); to renumber and amend
990.01 (43m); to
20.395 (5) (dr), 20.395 (5) (eh), 85.30, 340.01 (29m) (am) 2., 340.01 (32) 4
(intro.), 340.01 (38m) (a) 1., 341.10 (6), 343.03 (3) (a), 343.04 (1) (e), 343.05 (3) 5
(b), 343.07 (1g) (intro.), 343.07 (4) (title) and (a), 343.07 (4) (b), 343.08 (1) (a), 6
343.08 (2) (a), 343.16 (1) (d) 1., 343.16 (2) (b), 343.17 (3) (c) 5., 343.32 (4), 346.54 7
(1) (cm), 346.595 (1), 346.595 (3), 346.595 (3m), 347.09 (1) (b), 347.15 (1), 347.35 8
(1a), 347.42, 347.485 (title) and (1), 347.485 (2) (c), 347.485 (3), 347.485 (4), 9
347.486 (1), 347.486 (2), 347.487 and 990.01 (43r); and to create
340.01 (3m) 10
and 341.25 (1) (bg) of the statutes;
relating to: registration and operation of
11vehicles defined as autocycles.
Analysis by the Legislative Reference Bureau
This bill creates a definition of an autocycle, which is a three-wheeled motor
vehicle with operation controls similar to an automobile.
Under current law, there are two types of motorcycles. A “Type 1 motorcycle"
is a motor vehicle which has either two wheels in tandem and a seat for the operator
or three wheels and unenclosed seating for the operator and passengers. A “Type 2
motorcycle" is a motor vehicle with at least three wheels and an enclosed space for
the operator and passengers. This bill eliminates the definition for the Type 2
motorcycle and creates a definition for an autocycle. A “Type 1 autocycle" is defined
as a motor vehicle, excluding a tractor, an all-terrain vehicle, or a utility terrain
vehicle, that is designed and built to have a steering wheel, foot-operated pedals for
controlling acceleration and braking, and at least three wheels in contact with the
ground. A “Type 2 autocycle” is a vehicle meeting the current definition of a Type 2
Under current law, a motor vehicle may not be operated upon a highway in this
state without a current, valid registration. Generally, the fee for registering an
automobile with the Department of Transportation is $75 annually. The fee for
registering a motorcycle is $23 biennially. Under this bill, the fee for registering an
autocycle is $45 annually.
Under current law, no person may operate a motor vehicle upon a highway in
this state unless the person possesses a valid operator's license. Additional
endorsements are required for the operation of certain vehicles, including
motorcycles. This bill classifies autocycles as “Class D" vehicles, which means they
may be operated with the regular license issued by DOT without the need for
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:
20.395 (5) (dr) of the statutes is amended to read:
(dr) Transportation safety, state funds.
The amounts in the schedule 3
for activities related to highway safety under s. 85.07 and the
moped, and motor bicycle safety program under s. 85.30.
20.395 (5) (eh) of the statutes is amended to read:
(eh) Motorcycle safety program supplement, state funds.
From the 7
general fund, all moneys received under s. 341.14 (6r) (b) 14m., for activities under 8
the Type 1
motorcycle, moped, and motor bicycle safety program under s. 85.30 9
limited to evaluation of basic rider education courses, conducting public workshops,
rallies, and programs related to Type 1
motorcycle safety and training, and making 2
grants for providing motorcycle riding courses.
85.30 of the statutes is amended to read:
485.30 Type 1 motorcycle Motorcycle, moped and motor bicycle safety
The department shall develop and administer a Type 1
moped and motor bicycle safety program. The program shall include operational 7
skills training, safety education and public awareness and such other elements as 8
the department deems desirable. The safety education program for
Type 1 9
motorcycles shall include instruction as to the proper eye protection to be worn 10
during hours of darkness. The department may make grants under this program for 11
establishment of courses which further the aims of this program. The department 12
shall adopt rules to implement this section.
340.01 (3m) of the statutes is created to read:
“Autocycle" means a motor vehicle, excluding a tractor, an 15
all-terrain vehicle, or a utility terrain vehicle, that is capable of speeds in excess of 16
30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, 17
with a power source as an integral part of the vehicle, and that meets either of the 18
(a) Type 1 is a motor vehicle designed and built to have at least 3 wheels in 20
contact with the ground, seating for the operator and one passenger, a steering 21
wheel, and foot-operated pedals for controlling acceleration and braking.
340.01 (29m) (am) 2. of the statutes is amended to read:
(am) 2. A Type 1
motorcycle with an automatic transmission and 24
an engine certified by the manufacturer at not more than 50 cubic centimeters or an 25
equivalent power unit.
340.01 (32) (intro.) of the statutes is amended to read:
(intro.) “Motorcycle" means a motor vehicle, excluding a tractor, an 3
all-terrain vehicle, or a utility terrain vehicle, which that
is capable of speeds in 4
excess of 30 miles per hour with a 150-pound rider on a dry, level, hard surface with 5
no wind, with a power source as an integral part of the vehicle, and
meets 6either of
conditions under par. (a) or (b)
340.01 (32) (a) (intro.) of the statutes is repealed.
340.01 (32) (a) 1. of the statutes is renumbered 340.01 (32) (c).
340.01 (32) (a) 2. of the statutes is renumbered 340.01 (32) (d).
340.01 (32) (b) of the statutes is renumbered 340.01 (3m) (b).
340.01 (38m) (a) 1. of the statutes is amended to read:
(a) 1. A motor vehicle that is designed and constructed to carry 13
no more than 2 persons and to be used for collecting residential and commercial solid 14
waste, such as yard waste, recyclable materials, and household garbage, refuse, and 15
rubbish, landscaping, or incidental street maintenances; that is not certified by the 16
manufacturer for on-road use or that is certified by the manufacturer as meeting the 17
equipment standards for a low-speed vehicle under 49 CFR 571.500
; and that 18
satisfies the equipment standards for a Type 2 automobile or Type 2 motorcycle 19autocycle
under ch. 347 or the equipment standards for a low-speed vehicle under 2049 CFR 571.500
341.10 (6) of the statutes is amended to read:
The vehicle was manufactured after 1969 and does not meet 23
manufacturer or importer certification label requirements as specified in 49 CFR 567 24
or the vehicle is a Kei class vehicle. This subsection does not apply to autocycles, 25
former military vehicles, historic military vehicles, as defined in s. 341.269 (1) (a),
for which the department receives an application, and which are eligible, for 2
registration under s. 341.269, or special interest vehicles, as defined in s. 341.266 (1) 3
(c), for which the department receives an application, and which are eligible, for 4
registration under s. 341.266.
341.25 (1) (bg) of the statutes is created to read:
(bg) For each autocycle, a fee of $45.
343.03 (3) (a) of the statutes is amended to read:
(a) Regular license.
The standard license legend is “regular" or a 9
readily recognizable abbreviation thereof. The regular license, without any express 10
endorsements or restrictions as provided in this chapter, authorizes the licensee to 11
operate only “class D" vehicles as described in s. 343.04 (1) (d), except as otherwise 12
provided in this subsection. The license may be endorsed to permit operation of Type
motorcycles or school buses that are not commercial motor vehicles. A regular 14
license may be subject to restrictions.
343.04 (1) (e) of the statutes is amended to read:
(e) Class M.
A “Class M" vehicle is any Type 1
343.05 (3) (b) of the statutes is amended to read:
(b) No person may operate a Type 1
motorcycle unless the person 19
possesses a valid operator's license specifically authorizing the operation of Type 1
343.07 (1g) (intro.) of the statutes is amended to read:
343.07 (1g) Regular permit; issuance, restrictions.
(intro.) Upon application 23
therefor by a person at least 15 years and 6 months of age who, except for age or lack 24
of training in the operation of a motor vehicle, is qualified to obtain an operator's 25
license and has passed such knowledge test as the department may require, the
department may issue a regular instruction permit. If the application is made by a 2
male who is at least 18 years of age but less than 26 years of age, the application shall 3
include the information required under s. 343.14 (2) (em). The permit entitles the 4
permittee to operate a motor vehicle, except a commercial motor vehicle, school bus, 5
or Type 1
motorcycle, a motor bicycle, or a moped, upon the highways, subject to the 6
343.07 (4) (title) and (a) of the statutes are amended to read:
(title) Instruction permits; Type 1 motorcycle, motor bicycle, and
(a) Subject to s. 343.16 (1) (a), upon application by a person who qualifies for 10
issuance of a license under s. 343.06 (1) (c) and who wishes to qualify for the operation 11
of a Type 1
motorcycle, the department may issue an instruction permit for the 12
operation of “Class M" vehicles.
343.07 (4) (b) of the statutes is amended to read:
(b) The permit for Type 1
motorcycle operation shall be valid for 6 15
months. The department shall issue no more than 3 permits for
operation to a person unless the person has successfully completed a rider course 17
approved by the department. The department may, by rule, exempt certain persons 18
from the rider course requirement of this paragraph. The permit for
Type 1 19
motorcycle operation entitles the permittee to operate a Type 1
motorcycle subject 20
to the following restrictions:
1. No passenger may accompany the permittee except that a person with at 22
least 2 years of licensed driving experience and whose license is endorsed for Type
motorcycle operation may ride as a passenger-instructor.
2. The permittee may not operate a Type 1
motorcycle during hours of darkness 2
unless accompanied by a licensed person 25 years of age or more and meeting the 3
requirements of subd. 1.
343.08 (1) (a) of the statutes is amended to read:
(a) The department must be satisfied that it is necessary for the 6
applicant to operate an automobile, farm truck, dual purpose farm truck, Type 1 7
motorcycle powered with an engine of not more than 125 cubic centimeters 8
displacement, Type 2 motorcycle autocycle
or motor bicycle owned and 9
registered by the applicant's parent or guardian or a farm truck leased to the 10
applicant's parent or guardian.
343.08 (2) (a) of the statutes is amended to read:
(a) A restricted license issued pursuant to this section is valid only 13
until the licensee secures an operator's license issued pursuant to s. 343.03 or 14
reaches 18 years of age and, except as provided in par. (b), entitles the licensee to 15
operate an automobile, farm truck, dual purpose farm truck, Type 1
powered with an engine of not more than 125 cubic centimeters displacement, Type 17
2 motorcycle autocycle
or motor bicycle owned and registered by the 18
licensee's parent or guardian or a farm truck leased to the licensee's parent or 19
guardian or any combination of these vehicles, depending on the restrictions placed 20
by the department on the particular license.
343.16 (1) (d) 1. of the statutes is amended to read:
(d) 1. That the department will issue a regular license, as described 23
in s. 343.03 (3) (a), to any person moving to this state who has been licensed by the 24
other country, province or other subdivision for at least 3 years, who presently holds 25
a license to operate that type of vehicle, other than an instructional permit, from the
other country, province or other subdivision and who is at least 21 years of age. 2
Notwithstanding s. 343.03 (3) (a), a regular license issued under this subdivision 3
may be endorsed to permit operation of Type 1
motorcycles, but may not be endorsed 4
to permit operation of school buses. The department shall issue a probationary 5
license under s. 343.085 to any other applicant who holds a valid operator's license 6
issued by the other country, province or other subdivision.
343.16 (2) (b) of the statutes is amended to read:
(b) Specific requirements.
The standards developed by the 9
department under par. (c) shall provide that the examination for persons making 10
their first application for an operator's license shall include, subject to sub. (3) (am), 11
a test of the applicant's eyesight, ability to read and understand highway signs 12
regulating, warning and directing traffic, knowledge of the traffic laws, including ss. 13
346.072 and 346.26, understanding of fuel-efficient driving habits and the relative 14
costs and availability of other modes of transportation, knowledge of the need for 15
anatomical gifts and the ability to make an anatomical gift through the use of a donor 16
card issued under s. 343.175 (2), and an actual demonstration of ability to exercise 17
ordinary and reasonable control in the operation of a motor vehicle. The test of 18
knowledge of the traffic laws shall include questions on the provisions of ss. 343.30 19
(1q), 343.303 to 343.31 and 346.63 to 346.655, relating to the operation of a motor 20
vehicle and the consumption of alcohol beverages. The test of knowledge may also 21
include questions on the social, medical and economic effects of alcohol and other 22
drug abuse. The examination of applicants for authorization to operate `Class M' 23
vehicles shall test an applicant's knowledge of Type 1
motorcycle safety, including 24
proper eye protection to be worn during hours of darkness. The department may 25
require persons changing their residence to this state from another jurisdiction and
persons applying for a reinstated license after termination of a revocation period to 2
take all or parts of the examination required of persons making their first application 3
for an operator's license. Any applicant who is required to give an actual 4
demonstration of ability to exercise ordinary and reasonable control in the operation 5
of a motor vehicle shall furnish a representative vehicle in safe operating condition 6
for use in testing ability.
343.17 (3) (c) 5. of the statutes is amended to read:
(c) 5. Classification “M", which authorizes the operation of Type 1
343.32 (4) of the statutes is amended to read:
In adopting rules for weighing traffic convictions by their 12
seriousness under sub. (2), the secretary shall provide by rule for a reduction of up 13
to 3 points if a person shows to the department satisfactory evidence of completion 14
of a rider course approved by the secretary. This subsection applies only to demerit 15
points relating to violations committed before completion of the rider course by a 16
person while driving or operating a Type 1
346.54 (1) (cm) of the statutes is amended to read:
(cm) 1. In a parallel parking area, a Type 1
motorcycle or moped may 19
park at an angle. If parallel parking spaces are not indicated by pavement markings, 20
no Type 1
motorcycle or moped may be parked within 2 feet of another vehicle. 21
Where a parallel parking space is indicated by pavement markings or where angle 22
parking is authorized, up to 3 Type 1
motorcycles or mopeds may park in the space.
2. Up to 3 Type 1
motorcycles or mopeds may be parked in a parking space 24
where a parking meter has been installed unless the space is restricted by official 25
traffic sign or pavement markings to a single motorcycle or moped. The operator of
each Type 1
motorcycle or moped parked in a single space regulated by a parking 2
meter shall receive a citation for any violation of a time restriction.
346.595 (1) of the statutes is amended to read:
All motor vehicles including motorcycles and mopeds are entitled 5
to the full use of a traffic lane and no vehicle may be driven or operated in such a 6
manner so as to deprive any other vehicle of the full use of a traffic lane. With the 7
consent of both drivers, Type 1
motorcycles may be operated not more than 2 abreast 8
in a single lane, but mopeds may be so operated only where the speed limit is 25 miles 9
per hour or less.
346.595 (3) of the statutes is amended to read:
No passenger may ride a Type 1
motorcycle who, when properly 12
seated, cannot rest the feet on assigned foot rests or pegs. No passenger may ride on 13
346.595 (3m) of the statutes is amended to read:
No more than 2 persons may ride on a motorcycle having 2 wheels 16
in tandem during operation unless a sidecar has been attached to the motorcycle as 17
provided in s. 340.01 (32) (a) 1. (c)
and the additional passengers are provided with 18
adequate seating within the sidecar.
347.09 (1) (b) of the statutes is amended to read:
(b) Every moped or Type 1
motorcycle shall be equipped with at least 21
one and not more than 2 headlamps, which headlamps shall comply with the 22
requirements and limitations set forth in sub. (2) and s. 347.10.
347.15 (1) of the statutes is amended to read:
No person may sell any new motor vehicle, other than a moped or 25Type 1
motorcycle, unless such motor vehicle is equipped with direction signal lamps
meeting the requirements of this section. No person may operate on a highway any 2
motor vehicle sold new after January 1, 1955, or any mobile home, or trailer or 3
semitrailer sold new after January 1, 1968, other than a vehicle which is operated 4
pursuant to s. 341.47 (1) (b) or a moped or Type 1
motorcycle, unless such vehicle is 5
equipped with direction signal lamps meeting the requirements of this section. Any 6
other vehicle may be equipped with such lamps. Subsection (3m) notwithstanding 7
direction signals are not required on trailers when the rear direction signals on the 8
towing vehicle are fully visible from all distances to the rear to 300 feet during normal 9
sunlight when viewed from the driver's seat of the vehicle following.
347.35 (1a) of the statutes is amended to read:
347.35 (1a) Parking brakes.
Every such vehicle and combination of vehicles, 12
except mopeds and Type 1
motorcycles, shall be equipped with parking brakes 13
adequate to hold the vehicle on any grade on which it is operated, under all conditions 14
of loading on a surface free from snow, ice or loose material. The parking brakes shall 15
be capable of being applied by the driver's muscular effort or by spring action or by 16
equivalent means. Their operation may be assisted by the service brakes or other 17
source of power provided that failure of the service brake actuation system or other 18
power assisting mechanism will not prevent the parking brakes from being applied. 19
The parking brakes shall be so designed that when once applied they shall remain 20
applied with the required effectiveness despite exhaustion of any source of energy 21
or leakage of any kind. The same brake drums, brake shoes and lining assemblies, 22
brake shoe anchors and mechanical brake shoe actuation mechanism normally 23
associated with the wheel brake assemblies may be used for both the service brakes 24
and the parking brakes. If the means of applying the parking brakes and the service
brakes are connected in any way, they shall be so constructed that failure of any one 2
part shall not leave the vehicle without operative brakes.
347.42 of the statutes is amended to read:
4347.42 Windshield wipers.
No person may operate on a highway any motor 5
vehicle equipped with a windshield, except a moped or Type 1
motorcycle, unless the 6
motor vehicle also is equipped with a device for cleaning rain, snow or other moisture 7
from the windshield. The device shall be so constructed as to be controlled or 8
operated by the operator of the vehicle and shall at all times be maintained in good 9
347.485 (title) and (1) of the statutes are amended to read:
(title) Protective headgear for use on Type 1 motorcycles.
(a) No person who holds an instructional permit under s. 343.07 (4) or who is under 13
18 years of age may operate or ride upon a Type 1
motorcycle on any highway unless 14
the person is wearing protective headgear of a type which meets the standards 15
established for motorcycle operation in 49 CFR 571.218
and the chin strap is properly 16
(am) No person may operate a Type 1
motorcycle when carrying a passenger 18
under 18 years of age unless the passenger is wearing protective headgear.
(b) No person may sell or offer for sale any protective headgear for use by a 20
driver or passenger on a Type 1
motorcycle, not meeting the standards established 21
for motorcycle operation in 49 CFR 571.218
347.485 (2) (c) of the statutes is amended to read: