LRB-3908/1
PEN:cjs:kjf
1999 - 2000 LEGISLATURE
December 13, 1999 - Introduced by Representatives Sykora, Kestell, Stone,
Brandemuehl, Ryba, Petrowski, Ladwig, Albers, Nass, Freese, Goetsch,
Ainsworth, Miller, Pettis, Owens, Underheim, Kelso, Spillner and Ott,
cosponsored by Senators Darling and Huelsman. Referred to Committee on
Highway Safety.
AB621,1,2
1An Act to amend 346.485 (2) (intro.) of the statutes;
relating to: motor vehicle
2owner liability for overtaking and passing a school bus on the right.
Analysis by the Legislative Reference Bureau
Current law generally requires motorists to overtake and pass to the left of
slower moving vehicles traveling in the same direction. An exception allows passing
a vehicle to the right, but only when such passing may be done safely and without
driving off the paved portion of the roadway, and only when the overtaken vehicle is
making or about to make a left turn or is upon a roadway with unobstructed
pavement of sufficient width to accommodate two or more lanes of traffic traveling
in the direction in which the passing vehicle is proceeding.
Current law also allows a school bus driver who observes a vehicle unlawfully
pass a school bus (passing while the school bus is stopped on the road and is
displaying flashing red warning lights) to report the violation to a law enforcement
officer. The officer may, after investigating the report, issue a citation to the owner
of the vehicle for the violation.
This bill allows a school bus driver who observes a motorist unlawfully pass a
school bus to the right to report the violation to a law enforcement officer. The officer
may, after investigating the report, issue a citation to the owner of the vehicle for the
violation. No demerit points are assessed to a vehicle owner found guilty of the
violation. Current law provides the vehicle's owner with exemptions from liability
if the vehicle was reported stolen within a reasonable time after the time of the
violation; if the owner identifies the driver who committed the violation and the
driver admits to driving the vehicle at the time of the violation; or if the owner is a
lessor or dealer of vehicles and the vehicle was in another's possession at the time
of the violation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB621, s. 1
1Section
1. 346.485 (2) (intro.) of the statutes is amended to read:
AB621,2,52
346.485
(2) The operator of a school bus who observes a violation of
s. 346.08
3involving a vehicle overtaking and passing a school bus or a violation of s. 346.48 (1)
4may prepare a written report indicating that a violation has occurred. If possible,
5the report shall contain the following information:
AB621,2,87
(1) This act first applies to violations of section 346.08 observed on the effective
8date of this subsection.
