AB142: Bill Text

LRB-1844/1

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2001 - 2002 LEGISLATURE

2001 Assembly BILL 142

February 20, 2001 - Introduced by Representatives Ainsworth, Boyle, Freese, Huber, Krawczyk, Ladwig, Lassa, M. Lehman, J. Lehman, Lippert, Musser, Olsen, Owens, Plouff, Powers, Ryba, Starzyk, Stone, Townsend, Turner, Vrakas and Wade, cosponsored by Senators Plache, Breske, Burke, Darling, Moen and Schultz. Referred to Committee on Highway Safety.

AB142,1,2 An Act to create 346.915 of the statutes; relating to: following snowplows and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, with certain exceptions, no person may drive a motor vehicle closer than 500 feet behind an authorized emergency vehicle, including a police car, fire truck, or ambulance, that is responding to a call or alarm. A person violating this prohibition may be required to forfeit not less than $20 nor more than $40 for a first conviction, and not less than $50 nor more than $100 for a second or subsequent conviction within one year of the first conviction. There is no similar prohibition applicable to following too closely behind snowplows.

This bill prohibits a person from driving a motor vehicle closer than 200 feet behind an official snowplow that is engaged in the removal or treatment of snow or ice upon a highway having a posted speed limit of more than 35 miles per hour if the snowplow is displaying two flashing red or amber lamps or a red or amber lamp of the dome-light type. The bill contains an exception to allow a person to overtake and pass a snowplow that is removing or treating snow or ice. In addition, the prohibition on following a snowplow too closely does not apply to a snowplow that is stopped or standing in the highway. The penalty for a violation is the same as the penalty for following an emergency vehicle too closely.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB142, s. 1 Section 1. 346.915 of the statutes is created to read:

AB142,2,6 346.915 Following snowplows. (1) In this section, "snowplow" means a vehicle that is operated by a person employed by or on behalf of an authority in charge of the maintenance of the highway to perform highway winter maintenance snow and ice removal, including plowing, salting, and sanding, during either a storm or cleanup following a storm and which is using lamps described in s. 347.26 (7).

AB142,2,17 (2) The operator of any vehicle that is not a snowplow may not follow a snowplow closer than 200 feet upon any highway having a posted speed limit of more than 35 miles per hour, if the snowplow is engaged in highway winter maintenance snow and ice removal, as described in sub. (1), and is using lamps described in s. 347.26 (7). This subsection does not apply when overtaking and passing a snowplow, but the fact that the operator of any vehicle upon a highway having a posted speed limit of more than 35 miles per hour follows the snowplow more closely than 200 feet for one mile or more or follows more closely than 200 feet when the snowplow is moving at the maximum speed limit is prima facie evidence that the operator of such following vehicle is violating this subsection. This subsection does not apply to a snowplow that is stopped or standing in the highway.

AB142,2,18 (End)