LRB-1019/2
TNF:mfd:arm
1997 - 1998 LEGISLATURE
April 28, 1997 - Introduced by Representatives Baumgart, Ainsworth, Bock,
Dobyns, Dueholm, Kelso, F. Lasee, Ott
and Reynolds, cosponsored by
Senators Rude, Breske and A. Lasee. Referred to Committee on Highways
and Transportation.
AB322,1,5 1An Act to amend 29.05 (4), 347.06 (1), 347.06 (4), 347.09 (1) (intro.), 347.10 (4),
2347.12 (1) (intro.), 347.13 (1), 347.16 (1) (intro.), 347.16 (2) (intro.) and 347.42;
3and to create 340.01 (74v), 343.23 (2) (c), 347.06 (1m) and 347.06 (5) of the
4statutes; relating to: requiring headlights and other required lamps on
5vehicles to be lighted while windshield wipers are being used.
Analysis by the Legislative Reference Bureau
Under current law, no person may operate a vehicle upon a highway during
hours of darkness unless any required headlamps, tail lamps and clearance lamps
of the vehicle are lighted. Failure to comply with this requirement may result in a
forfeiture of not less than $10 nor more than $20 for a first offense and not less than
$25 nor more than $50 for a 2nd or subsequent conviction within a year.
This bill provides that these lamps must also be lighted whenever the
windshield wipers of the vehicle are being used, except temporary use to clean the
windshield. A person who violates this provision is subject to the same minimum and
maximum forfeiture amounts that may be imposed for failure to use these lamps
during hours of darkness. The bill also prohibits a law enforcement officer from
stopping or inspecting a vehicle solely to determine compliance with the above
requirement and specifies that convictions for not having any required headlamps,
tail lamps and clearance lamps of a vehicle lighted may not be recorded on the
motorist's driving record.
The bill also requires certain vehicles to be equipped with rear reflectors
whenever the windshield wipers of a vehicle are being used.

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:
AB322, s. 1 1Section 1. 29.05 (4) of the statutes is amended to read:
AB322,2,132 29.05 (4) Driving without headlights. In the performance of their law
3enforcement duties under this chapter, duly authorized wardens may operate
4vehicles owned or leased by the department upon a highway, other than an
5interstate, a state trunk highway or any highway within the limits of any
6incorporated area, during hours of darkness or at any time a windshield wiper is
7being used on the windshield of the vehicle,
without lighted headlamps, tail lamps
8or clearance lamps, contrary to s. 347.06 (1) or (1m), if the driving will aid in the
9accomplishment of a lawful arrest for violation of this chapter or rules promulgated
10under this chapter or in ascertaining whether a violation of this chapter or rules
11promulgated under this chapter has been or is about to be committed. Any civil
12action or proceeding brought against any warden operating a motor vehicle under
13this subsection is subject to ss. 893.82 and 895.46.
AB322, s. 2 14Section 2. 340.01 (74v) of the statutes is created to read:
AB322,2,1615 340.01 (74v) "Windshield wiper" means a mechanical device for cleaning rain,
16snow or other moisture from the windshield of a vehicle.
AB322, s. 3 17Section 3. 343.23 (2) (c) of the statutes is created to read:
AB322,3,218 343.23 (2) (c) The file for a licensee under par. (a) shall not include any
19conviction under s. 347.06 or a local ordinance in conformity therewith or a law of a
20federally recognized American Indian tribe or band in this state in conformity with
21s. 347.06 or the law of another jurisdiction prohibiting operating a vehicle without

1lighted headlamps, tail lamps or clearance lamps, as those or substantially similar
2terms are used in that jurisdiction's laws.
AB322, s. 4 3Section 4. 347.06 (1) of the statutes is amended to read:
AB322,3,74 347.06 (1) Except as provided in subs. (2) and (4), no person may operate a
5vehicle upon a highway during hours of darkness unless all headlamps, tail lamps
6and clearance lamps with which such vehicle is required to be equipped are lighted.
7Parking lamps as defined described in s. 347.27 shall not be used for this purpose.
AB322, s. 5 8Section 5. 347.06 (1m) of the statutes is created to read:
AB322,3,159 347.06 (1m) Except as provided in subs. (2) and (4), no person may operate a
10vehicle upon a highway at any time a windshield wiper is being used on the
11windshield of the vehicle unless all headlamps, tail lamps and clearance lamps with
12which such vehicle is required to be equipped are lighted. Parking lamps as
13described in s. 347.27 shall not be used for this purpose. This subsection does not
14apply to temporary use of a windshield wiper for the sole purpose of cleaning the
15windshield.
AB322, s. 6 16Section 6. 347.06 (4) of the statutes is amended to read:
AB322,3,2117 347.06 (4) A duly authorized warden, as defined in s. 24.01 (11), may operate
18a vehicle owned or leased by the department of natural resources upon a highway,
19during hours of darkness or at any time a windshield wiper is being used on the
20windshield of the vehicle,
without lighted headlamps, tail lamps or clearance lamps
21in the performance of the warden's duties under s. 29.05 (4).
AB322, s. 7 22Section 7. 347.06 (5) of the statutes is created to read:
AB322,4,523 347.06 (5) Notwithstanding s. 349.02, a law enforcement officer may not stop
24or inspect a vehicle solely to determine compliance with sub. (1m) or a local ordinance
25in conformity with sub. (1m). This subsection does not limit the authority of a law

1enforcement officer to issue a citation for a violation of sub. (1m) or a local ordinance
2in conformity with sub. (1m) observed in the course of a stop or inspection made for
3other purposes, except that a law enforcement officer may not take a person into
4physical custody solely for a violation of sub. (1m) or a local ordinance in conformity
5with sub. (1m).
AB322, s. 8 6Section 8. 347.09 (1) (intro.) of the statutes is amended to read:
AB322,4,97 347.09 (1) (intro.) No person shall operate a motor vehicle on a highway during
8hours of darkness or at any time a windshield wiper is being used on the windshield
9of the vehicle
unless such vehicle is equipped as follows:
AB322, s. 9 10Section 9. 347.10 (4) of the statutes is amended to read:
AB322,4,2011 347.10 (4) Any motor vehicle may be operated during hours of darkness or at
12any time a windshield wiper is being used on the windshield of the vehicle, except
13for temporary use of a windshield wiper for the sole purpose of cleaning the
14windshield,
when equipped with 2 lighted lamps upon the front thereof capable of
15revealing persons and objects 75 feet ahead in lieu of lamps required by subs. (1) to
16(3) if such vehicle at no time is operated at a speed in excess of 20 miles per hour. No
17lighted lamp under this subsection shall have any type of decorative covering that
18restricts the amount of light emitted when the lighted lamp is in use. This subsection
19does not apply to any type of decorative covering originally equipped on the vehicle
20at the time of manufacture and sale.
AB322, s. 10 21Section 10. 347.12 (1) (intro.) of the statutes is amended to read:
AB322,5,322 347.12 (1) (intro.) Whenever a motor vehicle is being operated on a highway
23during hours of darkness or at any time a windshield wiper is being used on the
24windshield of the vehicle, except for temporary use of a windshield wiper for the sole
25purpose of cleaning the windshield
, the operator shall use a distribution of light or

1composite beam directed high enough and of sufficient intensity to reveal a person
2or vehicle at a safe distance in advance of the vehicle, subject to the following
3requirements and limitations:
AB322, s. 11 4Section 11. 347.13 (1) of the statutes is amended to read:
AB322,5,185 347.13 (1) No person shall operate a motor vehicle, mobile home or trailer or
6semitrailer upon a highway during hours of darkness or at any time a windshield
7wiper is being used on the windshield of the vehicle
unless such motor vehicle, mobile
8home or trailer or semitrailer is equipped with at least one tail lamp mounted on the
9rear which, when lighted during hours of darkness or at any time a windshield wiper
10is being used on the windshield of the vehicle, except for temporary use of a
11windshield wiper for the sole purpose of cleaning the windshield
, emits a red light
12plainly visible from a distance of 500 feet to the rear. No tail lamp shall have any type
13of decorative covering that restricts the amount of light emitted when the tail lamp
14is in use. No vehicle originally equipped at the time of manufacture and sale with
152 tail lamps shall be operated upon a highway during hours of darkness unless both
16such lamps are in good working order. This subsection does not apply to any type of
17decorative covering originally equipped on the vehicle at the time of manufacture
18and sale.
AB322, s. 12 19Section 12. 347.16 (1) (intro.) of the statutes is amended to read:
AB322,5,2320 347.16 (1) (intro.)  No person shall operate on a highway during hours of
21darkness
any vehicle, except automobiles, having a width at any part in excess of 80
22inches during hours of darkness or at any time a windshield wiper is being used on
23the windshield of the vehicle
unless such vehicle is equipped with:
AB322, s. 13 24Section 13. 347.16 (2) (intro.) of the statutes is amended to read:
AB322,6,3
1347.16 (2) (intro.)  No person shall operate any of the following vehicles on a
2highway during hours of darkness or at any time a windshield wiper is being used
3on the windshield of the vehicle
unless such vehicles are equipped as indicated:
AB322, s. 14 4Section 14. 347.42 of the statutes is amended to read:
AB322,6,10 5347.42 Windshield wipers. No person may operate on a highway any motor
6vehicle equipped with a windshield, except a moped or Type 1 motorcycle, unless the
7motor vehicle also is equipped with a device for cleaning rain, snow or other moisture
8from the windshield. The device
windshield wiper. The windshield wiper shall be
9so constructed as to be controlled or operated by the operator of the vehicle and shall
10at all times be maintained in good working order.
AB322, s. 15 11Section 15. Initial applicability.
AB322,6,1312 (1) The treatment of section 343.23 (2) (c) of the statutes first applies to offenses
13committed on the effective date of this subsection.
AB322,6,1414 (End)
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