LRB-1864/1
ZDW:emw
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:
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