SB29: Bill Text

LRB-2124/1

TNF:hmh&cjs:rs

2001 - 2002 LEGISLATURE

2001 Senate BILL 29

January 26, 2001 - Introduced by Senators Breske, Schultz, M. Meyer, Baumgart, Huelsman and Darling, cosponsored by Representatives Olsen, Powers, Musser, Bies, Ladwig, Townsend, Gronemus, Pettis, Ryba, Berceau, Vrakas, Wade, Freese, M. Lehman, Urban, Krawczyk, Ward, Gunderson and Plouff. Referred to Committee on Insurance, Tourism, and Transportation.

SB29,1,8 An Act to amend 70.112 (5), 194.01 (7), 218.0101 (23) (a) 2., 218.0114 (5) (a), 218.0122 (3), 218.0171 (2) (b) 2. b., 285.30 (5) (c), 340.01 (4) (a), 341.067, 341.25 (title), 341.25 (1) (b), 341.297 (1), 341.31 (1) (b) 5., 341.31 (4) (c), 342.15 (4) (a), 342.34 (1) (c), 343.08 (1) (a) and (2) (a), 343.135 (2) (a) 1., 346.16 (2) (a), 349.105 and 779.41 (2); and to create 218.0101 (19m), 285.30 (5) (j), 340.01 (19d), 340.01 (27m), 343.135 (2) (a) 1m., 346.94 (18), 346.95 (8), 347.02 (8), 349.06 (4) and 349.237 of the statutes; relating to: low-speed vehicles, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill creates a new classification of motor vehicle called a "low-speed vehicle." A low-speed vehicle is a motor vehicle, as defined by federal law, that complies with applicable equipment standards, but does not include a golf cart. Currently, federal law defines a low-speed vehicle as a four-wheeled motor vehicle, other than a truck, that attains top speeds of not less than 20 miles per hour nor more than 25 miles per hour on a paved, level surface. The bill generally makes low-speed vehicles subject to the same regulations applicable to other motor vehicles, including the following:

1. Requires low-speed vehicles to be originally manufactured to meet federal equipment standards.

2. Subjects dealers, distributors, manufacturers, and transporters of low-speed vehicles to the same regulations that apply to dealers, distributors, manufacturers, and transporters of motorcycles. Such regulations include requiring business and occupational licensing, imputing liability for certain misconduct of employees, and providing specific consumer protections, such as warranties, remedies, and disclosure requirements.

3. Exempts low-speed vehicles from this state's property tax.

4. Requires low-speed vehicles to be registered with the department of transportation (DOT) for a fee of $23 biennially, the same period and fee that apply to motorcycles, and requires the display of a registration plate and valid proof of registration. Ownership of and interests in low-speed vehicles is evidenced only by a certificate of title, as with other motor vehicles.

5. Classifies low-speed vehicles as "Class D" vehicles which, like automobiles and other "Class D" vehicles, may not be operated unless the operator possesses a valid operator's license or instruction permit to operate "Class D" vehicles.

6. Requires the operators of low-speed vehicles to observe the rules of the road, including this state's implied consent law, and subjects violators of those rules to the same penalties as those that apply to violations committed while operating other motor vehicles, including the assessment of demerit points and the imposition of fines, forfeitures, and terms of imprisonment.

7. Makes low-speed vehicles subject to mechanics' liens.

However, because low-speed vehicles are smaller, lighter, and slower moving than most other motor vehicles, the bill treats low-speed vehicles differently from most other motor vehicles in the following respects:

1. Low-speed vehicles, other than those publicly owned and operated, are restricted to highways having a speed limit of 35 or less miles per hour. Local highway authorities may further regulate low-speed vehicles or may restrict their operation to highways having a speed limit of 25 or less miles per hour.

2. Low-speed vehicles are prohibited from operating on state trunk highways and connecting highways, even where the applicable speed limit is 35 or less miles per hour. However, the bill allows low-speed vehicles to cross state trunk highways or connecting highways at officially designated crossings and at intersections where traffic is controlled by an official traffic control sign, signal, marking, or other device.

The bill makes low-speed vehicles eligible for registration by DOT as a specially designed vehicle if the vehicle meets special equipment standards. Under current law, a person who does not possess or is ineligible for a regular operator's license may be issued a special restricted operator's license, which authorizes the operation of only motor bicycles, mopeds, or specially designed vehicles and may further restrict such operation as DOT determines is necessary, for example, to preserve the safety of the operator and the public.

Finally, the bill categorically exempts low-speed vehicles from motor vehicle emission limitations and testing.

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:

SB29, s. 1 Section 1. 70.112 (5) of the statutes is amended to read:

SB29,3,5 70.112 (5) Motor vehicles, bicycles, snowmobiles. Every automobile, low-speed vehicle, motor bicycle, motor bus, motorcycle, motor truck, moped, road tractor, school bus, snowmobile, truck tractor, or other similar motor vehicle, or trailer or semitrailer used in connection therewith.

SB29, s. 2 Section 2. 194.01 (7) of the statutes is amended to read:

SB29,3,9 194.01 (7) "Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus or any self-propelled or motor driven vehicle, except a low-speed vehicle, motorcycle, moped, motor bicycle or a vehicle operated on rails.

SB29, s. 3 Section 3. 218.0101 (19m) of the statutes is created to read:

SB29,3,11 218.0101 (19m) "Low-speed vehicle" has the meaning given in s. 340.01 (27m).

SB29, s. 4 Section 4. 218.0101 (23) (a) 2. of the statutes is amended to read:

SB29,3,15 218.0101 (23) (a) 2. Is engaged wholly or in part in the business of selling or leasing motor vehicles, including motorcycles and low-speed vehicles, whether or not the motor vehicles are owned by that person, firm or corporation.

SB29, s. 5 Section 5. 218.0114 (5) (a) of the statutes is amended to read:

SB29,4,4 218.0114 (5) (a) A motor vehicle dealer or an applicant for a motor vehicle dealer license shall provide and maintain in force a bond or irrevocable letter of credit of not less than $25,000 or, if the dealer or applicant sells or proposes to sell motorcycles or low-speed vehicles, or both, and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000. The bond or letter of credit shall be executed in the name of the department of transportation for the benefit of any person who sustains a loss because of an act of a motor vehicle dealer that constitutes grounds for the suspension or revocation of a license under ss. 218.0101 to 218.0163.

SB29, s. 6 Section 6. 218.0122 (3) of the statutes is amended to read:

SB29,4,8 218.0122 (3) This section does not apply to motorcycles or low-speed vehicles that are delivered in a crated, disassembled condition to the dealer or the dealer's agent.

SB29, s. 7 Section 7. 218.0171 (2) (b) 2. b. of the statutes is amended to read:

SB29,4,19 218.0171 (2) (b) 2. b. Accept return of the motor vehicle and refund to the consumer and to any holder of a perfected security interest in the consumer's motor vehicle, as their interest may appear, the full purchase price plus any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a motorcycle or low-speed vehicle, 20,000, and the numerator of which is the number of miles the motor vehicle was driven before the consumer first reported the nonconformity to the motor vehicle dealer.

SB29, s. 8 Section 8. 285.30 (5) (c) of the statutes is amended to read:

SB29,4,23 285.30 (5) (c) A motor vehicle exempt from registration under s. 341.05, except that a motor vehicle owned by the United States is not exempt unless it comes under par. (a), (b), (d), (e), (f), (g) or, (h), or (j).

SB29, s. 9 Section 9. 285.30 (5) (j) of the statutes is created to read:

SB29,4,25 285.30 (5) (j) A low-speed vehicle, as defined in s. 340.01 (27m).

SB29, s. 10 Section 10. 340.01 (4) (a) of the statutes is amended to read:

SB29,5,4 340.01 (4) (a) Type 1 is a motor vehicle designed and used primarily for carrying persons but which does not come within the definition of a low-speed vehicle, motor bus, motorcycle, moped or motor bicycle.

SB29, s. 11 Section 11. 340.01 (19d) of the statutes is created to read:

SB29,5,9 340.01 (19d) "Golf cart" means a vehicle whose speed attainable in one mile does not exceed 20 miles per hour on a paved, level surface, and is used to convey one or more persons and equipment to play the game of golf in an area designated as a golf course.

SB29, s. 12 Section 12. 340.01 (27m) of the statutes is created to read:

SB29,5,14 340.01 (27m) "Low-speed vehicle" means a low-speed vehicle, as defined in 49 CFR 571.3, that satisfies the equipment standards under 49 CFR 571.500 and which was originally manufactured to meet the applicable equipment standards under 49 CFR 571.500. "Low-speed vehicle" does not include a golf cart.

SB29, s. 13 Section 13. 341.067 of the statutes is amended to read:

SB29,5,19 341.067 Registration of special vehicles. The department shall register a specially designed vehicle which is authorized for operation by a person holding a special restricted operator's license under s. 343.135 if the special vehicle meets the equipment standards established under s. 347.02 (6) or (8).

SB29, s. 14 Section 14. 341.25 (title) of the statutes is amended to read:

SB29,5,22 341.25 (title) Annual and biennial registration fees; biennial motorcycle fees.

SB29, s. 15 Section 15. 341.25 (1) (b) of the statutes is amended to read:

SB29,6,2 341.25 (1) (b) For each motorcycle or moped with a curb weight of 1,499 pounds or less, except a specially designed vehicle under s. 341.067, which is designed for the transportation of persons rather than property, and for each low-speed vehicle, a biennial fee of $23.

SB29, s. 16 Section 16. 341.297 (1) of the statutes is amended to read:

SB29,6,5 341.297 (1) A motorcycle or, moped, or low-speed vehicle, as specified in s. 341.25 (1) (b).

SB29, s. 17 Section 17 . 341.31 (1) (b) 5. of the statutes is amended to read:

SB29,6,9 341.31 (1) (b) 5. The vehicle is a motorcycle which or low-speed vehicle that has been transferred or leased to the applicant and for which a current registration plates plate had been issued to the previous owner; or

SB29, s. 18 Section 18. 341.31 (4) (c) of the statutes is amended to read:

SB29,6,13 341.31 (4) (c) A person retaining a set of plates plate removed from a motorcycle or low-speed vehicle may receive credit for the unused portion of the registration fee paid when registering a replacement motorcycle vehicle of the same type.

SB29, s. 19 Section 19. 342.15 (4) (a) of the statutes is amended to read:

SB29,6,21 342.15 (4) (a) If the vehicle being transferred is a motorcycle or low-speed vehicle or an automobile registered under s. 341.27 or a motor home or a motor truck, dual purpose motor home, or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, the owner shall remove the registration plate or plates and retain and preserve them the plate or plates for use on any other vehicle of the same type and gross weight which may subsequently be registered in his or her name.

SB29, s. 20 Section 20. 342.34 (1) (c) of the statutes is amended to read:

SB29,7,9 342.34 (1) (c) If the vehicle is a motorcycle or low-speed vehicle or an automobile registered under s. 341.27 or a motor home or a motor truck, dual purpose motor home, or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, the owner shall remove the registration plate or plates and retain and preserve them the plate or plates for use on any other vehicle of the same type which may subsequently be registered in his or her name. If the vehicle is not a motorcycle or low-speed vehicle or an automobile registered under s. 341.27, or a motor home or a motor truck, dual purpose motor home, or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, he or she shall remove and destroy the plate or plates.

SB29, s. 21 Section 21. 343.08 (1) (a) and (2) (a) of the statutes are amended to read: