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
Transportation.
AB78,1,11 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
3amend
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),
6343.08 (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),
9347.486 (1), 347.486 (2), 347.487 and 990.01 (43r); and to create 340.01 (3m)
10and 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
motorcycle.
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
additional endorsements.
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:
AB78,1 1Section 1. 20.395 (5) (dr) of the statutes is amended to read:
AB78,2,42 20.395 (5) (dr) Transportation safety, state funds. The amounts in the schedule
3for activities related to highway safety under s. 85.07 and the Type 1 motorcycle,
4moped, and motor bicycle safety program under s. 85.30.
AB78,2 5Section 2. 20.395 (5) (eh) of the statutes is amended to read:
AB78,3,26 20.395 (5) (eh) Motorcycle safety program supplement, state funds. From the
7general fund, all moneys received under s. 341.14 (6r) (b) 14m., for activities under
8the Type 1 motorcycle, moped, and motor bicycle safety program under s. 85.30
9limited to evaluation of basic rider education courses, conducting public workshops,

1rallies, and programs related to Type 1 motorcycle safety and training, and making
2grants for providing motorcycle riding courses.
AB78,3 3Section 3. 85.30 of the statutes is amended to read:
AB78,3,12 485.30 Type 1 motorcycle Motorcycle, moped and motor bicycle safety
5program.
The department shall develop and administer a Type 1 motorcycle,
6moped and motor bicycle safety program. The program shall include operational
7skills training, safety education and public awareness and such other elements as
8the department deems desirable. The safety education program for Type 1
9motorcycles shall include instruction as to the proper eye protection to be worn
10during hours of darkness. The department may make grants under this program for
11establishment of courses which further the aims of this program. The department
12shall adopt rules to implement this section.
AB78,4 13Section 4. 340.01 (3m) of the statutes is created to read:
AB78,3,1814 340.01 (3m) “Autocycle" means a motor vehicle, excluding a tractor, an
15all-terrain vehicle, or a utility terrain vehicle, that is capable of speeds in excess of
1630 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind,
17with a power source as an integral part of the vehicle, and that meets either of the
18following conditions:
AB78,3,2119 (a) Type 1 is a motor vehicle designed and built to have at least 3 wheels in
20contact with the ground, seating for the operator and one passenger, a steering
21wheel, and foot-operated pedals for controlling acceleration and braking.
AB78,5 22Section 5. 340.01 (29m) (am) 2. of the statutes is amended to read:
AB78,3,2523 340.01 (29m) (am) 2. A Type 1 motorcycle with an automatic transmission and
24an engine certified by the manufacturer at not more than 50 cubic centimeters or an
25equivalent power unit.
AB78,6
1Section 6. 340.01 (32) (intro.) of the statutes is amended to read:
AB78,4,62 340.01 (32) (intro.) “Motorcycle" means a motor vehicle, excluding a tractor, an
3all-terrain vehicle, or a utility terrain vehicle, which that is capable of speeds in
4excess of 30 miles per hour with a 150-pound rider on a dry, level, hard surface with
5no wind, with a power source as an integral part of the vehicle, and which that meets
6either of the following conditions under par. (a) or (b):
AB78,7 7Section 7. 340.01 (32) (a) (intro.) of the statutes is repealed.
AB78,8 8Section 8. 340.01 (32) (a) 1. of the statutes is renumbered 340.01 (32) (c).
AB78,9 9Section 9. 340.01 (32) (a) 2. of the statutes is renumbered 340.01 (32) (d).
AB78,10 10Section 10. 340.01 (32) (b) of the statutes is renumbered 340.01 (3m) (b).
AB78,11 11Section 11. 340.01 (38m) (a) 1. of the statutes is amended to read:
AB78,4,2012 340.01 (38m) (a) 1. A motor vehicle that is designed and constructed to carry
13no more than 2 persons and to be used for collecting residential and commercial solid
14waste, such as yard waste, recyclable materials, and household garbage, refuse, and
15rubbish, landscaping, or incidental street maintenances; that is not certified by the
16manufacturer for on-road use or that is certified by the manufacturer as meeting the
17equipment standards for a low-speed vehicle under 49 CFR 571.500; and that
18satisfies 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.
AB78,12 21Section 12. 341.10 (6) of the statutes is amended to read:
AB78,5,422 341.10 (6) The vehicle was manufactured after 1969 and does not meet
23manufacturer or importer certification label requirements as specified in 49 CFR 567
24or the vehicle is a Kei class vehicle. This subsection does not apply to autocycles,
25former military vehicles, historic military vehicles, as defined in s. 341.269 (1) (a),

1for which the department receives an application, and which are eligible, for
2registration 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
4registration under s. 341.266.
AB78,13 5Section 13. 341.25 (1) (bg) of the statutes is created to read:
AB78,5,66 341.25 (1) (bg) For each autocycle, a fee of $45.
AB78,14 7Section 14. 343.03 (3) (a) of the statutes is amended to read:
AB78,5,148 343.03 (3) (a) Regular license. The standard license legend is “regular" or a
9readily recognizable abbreviation thereof. The regular license, without any express
10endorsements or restrictions as provided in this chapter, authorizes the licensee to
11operate only “class D" vehicles as described in s. 343.04 (1) (d), except as otherwise
12provided in this subsection. The license may be endorsed to permit operation of Type
131
motorcycles or school buses that are not commercial motor vehicles. A regular
14license may be subject to restrictions.
AB78,15 15Section 15. 343.04 (1) (e) of the statutes is amended to read:
AB78,5,1616 343.04 (1) (e) Class M. A “Class M" vehicle is any Type 1 motorcycle.
AB78,16 17Section 16. 343.05 (3) (b) of the statutes is amended to read:
AB78,5,2018 343.05 (3) (b) No person may operate a Type 1 motorcycle unless the person
19possesses a valid operator's license specifically authorizing the operation of Type 1
20motorcycles.
AB78,17 21Section 17. 343.07 (1g) (intro.) of the statutes is amended to read:
AB78,6,622 343.07 (1g) Regular permit; issuance, restrictions. (intro.) Upon application
23therefor by a person at least 15 years and 6 months of age who, except for age or lack
24of training in the operation of a motor vehicle, is qualified to obtain an operator's
25license and has passed such knowledge test as the department may require, the

1department may issue a regular instruction permit. If the application is made by a
2male who is at least 18 years of age but less than 26 years of age, the application shall
3include the information required under s. 343.14 (2) (em). The permit entitles the
4permittee to operate a motor vehicle, except a commercial motor vehicle, school bus,
5or Type 1 motorcycle, a motor bicycle, or a moped, upon the highways, subject to the
6following restrictions:
AB78,18 7Section 18. 343.07 (4) (title) and (a) of the statutes are amended to read:
AB78,6,128 343.07 (4) (title) Instruction permits; Type 1 motorcycle, motor bicycle, and
9moped.
(a) Subject to s. 343.16 (1) (a), upon application by a person who qualifies for
10issuance of a license under s. 343.06 (1) (c) and who wishes to qualify for the operation
11of a Type 1 motorcycle, the department may issue an instruction permit for the
12operation of “Class M" vehicles.
AB78,19 13Section 19. 343.07 (4) (b) of the statutes is amended to read:
AB78,6,2014 343.07 (4) (b) The permit for Type 1 motorcycle operation shall be valid for 6
15months. The department shall issue no more than 3 permits for Type 1 motorcycle
16operation to a person unless the person has successfully completed a rider course
17approved by the department. The department may, by rule, exempt certain persons
18from the rider course requirement of this paragraph. The permit for Type 1
19motorcycle operation entitles the permittee to operate a Type 1 motorcycle subject
20to the following restrictions:
AB78,6,2321 1. No passenger may accompany the permittee except that a person with at
22least 2 years of licensed driving experience and whose license is endorsed for Type
231
motorcycle operation may ride as a passenger-instructor.
AB78,7,3
12. The permittee may not operate a Type 1 motorcycle during hours of darkness
2unless accompanied by a licensed person 25 years of age or more and meeting the
3requirements of subd. 1.
AB78,20 4Section 20. 343.08 (1) (a) of the statutes is amended to read:
AB78,7,105 343.08 (1) (a) The department must be satisfied that it is necessary for the
6applicant to operate an automobile, farm truck, dual purpose farm truck, Type 1
7motorcycle powered with an engine of not more than 125 cubic centimeters
8displacement, Type 2 motorcycle autocycle, moped, or motor bicycle owned and
9registered by the applicant's parent or guardian or a farm truck leased to the
10applicant's parent or guardian.
AB78,21 11Section 21. 343.08 (2) (a) of the statutes is amended to read:
AB78,7,2012 343.08 (2) (a) A restricted license issued pursuant to this section is valid only
13until the licensee secures an operator's license issued pursuant to s. 343.03 or
14reaches 18 years of age and, except as provided in par. (b), entitles the licensee to
15operate an automobile, farm truck, dual purpose farm truck, Type 1 motorcycle
16powered with an engine of not more than 125 cubic centimeters displacement, Type
172 motorcycle autocycle, moped, or motor bicycle owned and registered by the
18licensee's parent or guardian or a farm truck leased to the licensee's parent or
19guardian or any combination of these vehicles, depending on the restrictions placed
20by the department on the particular license.
AB78,22 21Section 22. 343.16 (1) (d) 1. of the statutes is amended to read:
AB78,8,622 343.16 (1) (d) 1. That the department will issue a regular license, as described
23in s. 343.03 (3) (a), to any person moving to this state who has been licensed by the
24other country, province or other subdivision for at least 3 years, who presently holds
25a license to operate that type of vehicle, other than an instructional permit, from the

1other country, province or other subdivision and who is at least 21 years of age.
2Notwithstanding s. 343.03 (3) (a), a regular license issued under this subdivision
3may be endorsed to permit operation of Type 1 motorcycles, but may not be endorsed
4to permit operation of school buses. The department shall issue a probationary
5license under s. 343.085 to any other applicant who holds a valid operator's license
6issued by the other country, province or other subdivision.
AB78,23 7Section 23. 343.16 (2) (b) of the statutes is amended to read:
AB78,9,68 343.16 (2) (b) Specific requirements. The standards developed by the
9department under par. (c) shall provide that the examination for persons making
10their first application for an operator's license shall include, subject to sub. (3) (am),
11a test of the applicant's eyesight, ability to read and understand highway signs
12regulating, warning and directing traffic, knowledge of the traffic laws, including ss.
13346.072 and 346.26, understanding of fuel-efficient driving habits and the relative
14costs and availability of other modes of transportation, knowledge of the need for
15anatomical gifts and the ability to make an anatomical gift through the use of a donor
16card issued under s. 343.175 (2), and an actual demonstration of ability to exercise
17ordinary and reasonable control in the operation of a motor vehicle. The test of
18knowledge 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
20vehicle and the consumption of alcohol beverages. The test of knowledge may also
21include questions on the social, medical and economic effects of alcohol and other
22drug abuse. The examination of applicants for authorization to operate `Class M'
23vehicles shall test an applicant's knowledge of Type 1 motorcycle safety, including
24proper eye protection to be worn during hours of darkness. The department may
25require persons changing their residence to this state from another jurisdiction and

1persons applying for a reinstated license after termination of a revocation period to
2take all or parts of the examination required of persons making their first application
3for an operator's license. Any applicant who is required to give an actual
4demonstration of ability to exercise ordinary and reasonable control in the operation
5of a motor vehicle shall furnish a representative vehicle in safe operating condition
6for use in testing ability.
AB78,24 7Section 24. 343.17 (3) (c) 5. of the statutes is amended to read:
AB78,9,98 343.17 (3) (c) 5. Classification “M", which authorizes the operation of Type 1
9motorcycles.
AB78,25 10Section 25. 343.32 (4) of the statutes is amended to read:
AB78,9,1611 343.32 (4) In adopting rules for weighing traffic convictions by their
12seriousness under sub. (2), the secretary shall provide by rule for a reduction of up
13to 3 points if a person shows to the department satisfactory evidence of completion
14of a rider course approved by the secretary. This subsection applies only to demerit
15points relating to violations committed before completion of the rider course by a
16person while driving or operating a Type 1 motorcycle.
AB78,26 17Section 26. 346.54 (1) (cm) of the statutes is amended to read:
AB78,9,2218 346.54 (1) (cm) 1. In a parallel parking area, a Type 1 motorcycle or moped may
19park at an angle. If parallel parking spaces are not indicated by pavement markings,
20no Type 1 motorcycle or moped may be parked within 2 feet of another vehicle.
21Where a parallel parking space is indicated by pavement markings or where angle
22parking is authorized, up to 3 Type 1 motorcycles or mopeds may park in the space.
AB78,9,2523 2. Up to 3 Type 1 motorcycles or mopeds may be parked in a parking space
24where a parking meter has been installed unless the space is restricted by official
25traffic sign or pavement markings to a single motorcycle or moped. The operator of

1each Type 1 motorcycle or moped parked in a single space regulated by a parking
2meter shall receive a citation for any violation of a time restriction.
AB78,27 3Section 27. 346.595 (1) of the statutes is amended to read:
AB78,10,94 346.595 (1) All motor vehicles including motorcycles and mopeds are entitled
5to the full use of a traffic lane and no vehicle may be driven or operated in such a
6manner so as to deprive any other vehicle of the full use of a traffic lane. With the
7consent of both drivers, Type 1 motorcycles may be operated not more than 2 abreast
8in a single lane, but mopeds may be so operated only where the speed limit is 25 miles
9per hour or less.
AB78,28 10Section 28. 346.595 (3) of the statutes is amended to read:
AB78,10,1311 346.595 (3) No passenger may ride a Type 1 motorcycle who, when properly
12seated, cannot rest the feet on assigned foot rests or pegs. No passenger may ride on
13a moped.
AB78,29 14Section 29. 346.595 (3m) of the statutes is amended to read:
AB78,10,1815 346.595 (3m) No more than 2 persons may ride on a motorcycle having 2 wheels
16in tandem during operation unless a sidecar has been attached to the motorcycle as
17provided in s. 340.01 (32) (a) 1. (c) and the additional passengers are provided with
18adequate seating within the sidecar.
AB78,30 19Section 30. 347.09 (1) (b) of the statutes is amended to read:
AB78,10,2220 347.09 (1) (b) Every moped or Type 1 motorcycle shall be equipped with at least
21one and not more than 2 headlamps, which headlamps shall comply with the
22requirements and limitations set forth in sub. (2) and s. 347.10.
AB78,31 23Section 31. 347.15 (1) of the statutes is amended to read:
AB78,11,924 347.15 (1) 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

1meeting the requirements of this section. No person may operate on a highway any
2motor vehicle sold new after January 1, 1955, or any mobile home, or trailer or
3semitrailer sold new after January 1, 1968, other than a vehicle which is operated
4pursuant to s. 341.47 (1) (b) or a moped or Type 1 motorcycle, unless such vehicle is
5equipped with direction signal lamps meeting the requirements of this section. Any
6other vehicle may be equipped with such lamps. Subsection (3m) notwithstanding
7direction signals are not required on trailers when the rear direction signals on the
8towing vehicle are fully visible from all distances to the rear to 300 feet during normal
9sunlight when viewed from the driver's seat of the vehicle following.
AB78,32 10Section 32. 347.35 (1a) of the statutes is amended to read:
AB78,12,211 347.35 (1a) Parking brakes. Every such vehicle and combination of vehicles,
12except mopeds and Type 1 motorcycles, shall be equipped with parking brakes
13adequate to hold the vehicle on any grade on which it is operated, under all conditions
14of loading on a surface free from snow, ice or loose material. The parking brakes shall
15be capable of being applied by the driver's muscular effort or by spring action or by
16equivalent means. Their operation may be assisted by the service brakes or other
17source of power provided that failure of the service brake actuation system or other
18power assisting mechanism will not prevent the parking brakes from being applied.
19The parking brakes shall be so designed that when once applied they shall remain
20applied with the required effectiveness despite exhaustion of any source of energy
21or leakage of any kind. The same brake drums, brake shoes and lining assemblies,
22brake shoe anchors and mechanical brake shoe actuation mechanism normally
23associated with the wheel brake assemblies may be used for both the service brakes
24and the parking brakes. If the means of applying the parking brakes and the service

1brakes are connected in any way, they shall be so constructed that failure of any one
2part shall not leave the vehicle without operative brakes.
AB78,33 3Section 33. 347.42 of the statutes is amended to read:
AB78,12,9 4347.42 Windshield wipers. No person may operate on a highway any motor
5vehicle equipped with a windshield, except a moped or Type 1 motorcycle, unless the
6motor vehicle also is equipped with a device for cleaning rain, snow or other moisture
7from the windshield. The device shall be so constructed as to be controlled or
8operated by the operator of the vehicle and shall at all times be maintained in good
9working order.
AB78,34 10Section 34. 347.485 (title) and (1) of the statutes are amended to read:
AB78,12,16 11347.485 (title) Protective headgear for use on Type 1 motorcycles. (1)
12(a) No person who holds an instructional permit under s. 343.07 (4) or who is under
1318 years of age may operate or ride upon a Type 1 motorcycle on any highway unless
14the person is wearing protective headgear of a type which meets the standards
15established for motorcycle operation in 49 CFR 571.218 and the chin strap is properly
16fastened.
AB78,12,1817 (am) No person may operate a Type 1 motorcycle when carrying a passenger
18under 18 years of age unless the passenger is wearing protective headgear.
AB78,12,2119 (b) No person may sell or offer for sale any protective headgear for use by a
20driver or passenger on a Type 1 motorcycle, not meeting the standards established
21for motorcycle operation in 49 CFR 571.218.
AB78,35 22Section 35. 347.485 (2) (c) of the statutes is amended to read:
AB78,13,223 347.485 (2) (c) Notwithstanding par. (a), if the motorcycle vehicle is a Type 2
24motorcycle autocycle equipped with a windshield or a Type 1 motorcycle equipped

1with a windshield that rises a minimum of 15 inches above the handlebar, the use
2of other eye protective devices is not mandatory.
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