AB303: Bill Text

LRB-0845/1

BAB:kjf:rs

2007 - 2008 LEGISLATURE

2007 Assembly BILL 303

May 2, 2007 - Introduced by Representatives Hubler, Ziegelbauer, Berceau, Musser, Hahn, Townsend, Wood, Boyle, Ballweg, A. Ott, Lothian, Owens, Gunderson and Gronemus, cosponsored by Senators Jauch, Grothman, Kreitlow, Vinehout and Schultz. Referred to Committee on Transportation.

AB303,1,8 An Act to amend 23.33 (4) (a), (b), (c) 1. and 1m., (d) (intro.) and 1. to 7. and (e) (intro.) , 23.33 (4c) (title), (a) 1., 2., 2m. and 3. and (b) 1., 2. and 2m., 23.33 (4g) (a), 23.33 (4g) (b), 23.33 (4j), (4L) and (4p) (a) 1. and 3., (b) 4., (c) 1. and 2., (d) and (e) 1. and 2., 23.33 (4t), 23.33 (4x) (title), 23.33 (6), 340.01 (4) (a), 340.01 (35), 345.11 (1r), 347.24 (1) (c), 347.415 (1g) and 347.415 (1m); and to create 23.33 (1) (ij), 340.01 (19d), 340.01 (25r), 340.01 (27m) and 346.02 (11m) of the statutes; relating to: lightweight utility vehicles, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill creates a new classification of vehicles called "lightweight utility vehicle." A lightweight utility vehicle is an engine-driven device that has a gross weight of more than 700 pounds but not more than 1,999 pounds that is designed to travel on four or more low-pressure tires, is equipped with a cargo area, and is used primarily off a highway. The bill applies many of the same rules of the road to operators of lightweight utility vehicles that are applicable to the operators of other motor vehicles, including obedience to traffic signs and signals, rules regarding making turns, parking, and approaching other vehicles, and the prohibition against operating a vehicle while intoxicated or with a prohibited alcohol or other drug concentration.

The bill places restrictions on the operation of a lightweight utility vehicle that are similar to the restrictions placed on operating an all-terrain vehicle. Under the bill, no person may operate a lightweight utility vehicle on any part of a freeway, unless the freeway is not part of the federal system of interstate highways, and the Department of Transportation (DOT) specifically authorizes the use of a lightweight utility vehicle on that freeway.

Further, no one may operate a lightweight utility vehicle on any highway, unless authorized by DOT, except under the following circumstances:

1. The lightweight utility vehicle is owned by a municipality, state agency, or public utility and the operator is performing emergency or official functions in a manner that does not jeopardize safety.

2. The operator is performing a land surveying operation in a manner that does not jeopardize safety.

3. The operator is at least 16 years old, and he or she is crossing a roadway, bridge, culvert, or railway.

4. The operator is at least 16 years old, and he or she is operating the lightweight utility vehicle on a roadway that is seasonally not maintained for motor vehicle traffic, or he or she is operating on a roadway that is designated as a route for all-terrain vehicles or lightweight utility vehicles.

This bill requires lightweight utility vehicles during hours of darkness or on a highway right-of-way during daylight hours to have a white headlamp able to illuminate up to 200 feet ahead and a tail lamp visible from at least 500 feet behind the vehicle. Lightweight utility vehicles must also have at least one hand or foot break, a noise-suppressing muffler and a spark arrester.

The bill distinguishes lightweight utility vehicles from golf carts or low speed vehicles. It establishes the definition for "golf cart" as a vehicle that will not exceed 20 miles per hour and is designed to carry one or more persons and their equipment on a golf course. It establishes the definition for "low-speed vehicle" as the definition for a "low-speed vehicle" under federal law.

The bill prohibits odometer tampering with lightweight utility vehicles.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

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

AB303, s. 1 Section 1. 23.33 (1) (ij) of the statutes is created to read:

AB303,2,3 23.33 (1) (ij) "Lightweight utility vehicle" has the meaning specified under s. 340.01 (25r).

AB303, s. 2 Section 2. 23.33 (4) (a), (b), (c) 1. and 1m., (d) (intro.) and 1. to 7. and (e) (intro.) of the statutes are amended to read:

AB303,3,8 23.33 (4) (a) Freeways. No person may operate an all-terrain vehicle or a lightweight utility vehicle upon any part of any freeway which that is a part of the federal system of interstate and defense highways. No person may operate an all-terrain vehicle or a lightweight utility vehicle upon any part of any other freeway unless the department of transportation authorizes all-terrain vehicle or lightweight utility vehicle use on that freeway.

AB303,3,12 (b) Other highways; operation restricted. No person may operate an all-terrain vehicle or a lightweight utility vehicle on a highway except as authorized under pars. (d) and (e) or as authorized by rules promulgated by the department and approved by the department of transportation.

AB303,3,18 (c) 1. Paragraphs (a) and (b) do not apply to the operator of an all-terrain vehicle or a lightweight utility vehicle owned by a municipality, state agency or public utility while the operator is engaged in an emergency or in the operation of an all-terrain vehicle or a lightweight utility vehicle directly related to the functions of the municipality, state agency or public utility if safety does not require strict adherence to these restrictions.

AB303,3,21 1m. Paragraphs (a) and (b) do not apply to the operator of an all-terrain vehicle or a lightweight utility vehicle who is engaged in land surveying operations, if safety does not require strict adherence to the restrictions under pars. (a) and (b).

AB303,3,24 (d) Operation on roadway. (intro.) A person may operate an all-terrain vehicle or, if the person is at least 16 years of age, a lightweight utility vehicle on the roadway portion of any highway only in the following situations:

AB303,4,6 1. To cross a roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle or the lightweight utility vehicle prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway.

AB303,4,11 2. On any roadway which that is seasonally not maintained for motor vehicle traffic. Operation of an all-terrain vehicle or a lightweight utility vehicle on this type of roadway is authorized only during the seasons when no maintenance occurs and only if the roadway is not officially closed to all-terrain vehicle or lightweight utility vehicle traffic.

AB303,4,19 3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to all-terrain vehicle or lightweight utility vehicle traffic. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle or the lightweight utility vehicle prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway.

AB303,4,24 4. On roadways which that are designated as all-terrain vehicle or lightweight utility vehicle routes. Operation of all-terrain vehicles or lightweight utility vehicles on a roadway which is an all-terrain vehicle or a lightweight utility vehicle route is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.

AB303,5,7 5. On roadways if the vehicle is an all-terrain vehicle and is an implement of husbandry, if the all-terrain vehicle is used exclusively for agricultural purposes and if the all-terrain vehicle is registered for private use under sub. (2) (d) or (2g). Operation of an all-terrain vehicle which is an implement of husbandry on a roadway is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.

AB303,5,11 6. On roadways if the vehicle is an all-terrain vehicle and if the operator of the all-terrain vehicle is a person who holds a Class A permit or a Class B permit under s. 29.193 (2) and who is traveling for the purposes of hunting or is otherwise engaging in an activity authorized by the permit.

AB303,5,13 7. On If the vehicle is an all-terrain vehicle, on roadways of highways that are all-terrain vehicle trails.

AB303,5,18 (e) Operation adjacent to roadway. (intro.) A person may operate an all-terrain vehicle adjacent to a roadway on an all-terrain vehicle route or trail or operate an all-terrain vehicle or a lightweight utility vehicle adjacent to a roadway on an all-terrain vehicle route if the person operates the all-terrain vehicle in the following manner:

AB303, s. 3 Section 3. 23.33 (4c) (title), (a) 1., 2., 2m. and 3. and (b) 1., 2. and 2m. of the statutes are amended to read:

AB303,5,22 23.33 (4c) (title) Intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle.

AB303,6,2 (a) 1. `Operating while under the influence of an intoxicant.' No person may operate an all-terrain vehicle or a lightweight utility vehicle while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle or lightweight utility vehicle.

AB303,6,5 2. `Operating with alcohol concentrations at or above specified levels.' No person may engage in the operation of an all-terrain vehicle or a lightweight utility vehicle while the person has an alcohol concentration of 0.08 or more.

AB303,6,9 2m. `Operating with a restricted controlled substance.' No person may engage in the operation of an all-terrain vehicle or a lightweight utility vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.

AB303,6,13 3. `Operating with alcohol concentrations at specified levels; below age 19.' If a person has not attained the age of 19, the person may not engage in the operation of an all-terrain vehicle or a lightweight utility vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.

AB303,6,18 (b) 1. `Causing injury while under the influence of an intoxicant.' No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle or a lightweight utility vehicle may cause injury to another person by the operation of an all-terrain vehicle or a lightweight utility vehicle.

AB303,6,21 2. `Causing injury with alcohol concentrations at or above specified levels.' No person who has an alcohol concentration of 0.08 or more may cause injury to another person by the operation of an all-terrain vehicle or a lightweight utility vehicle.

AB303,6,25 2m. `Causing injury while operating with a restricted controlled substance.' No person who has a detectable amount of a restricted controlled substance in his or her blood may cause injury to another person by the operation of an all-terrain vehicle or a lightweight utility vehicle.

AB303, s. 4 Section 4. 23.33 (4g) (a) of the statutes is amended to read:

AB303,7,6 23.33 (4g) (a) Requirement. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.

AB303, s. 5 Section 5. 23.33 (4g) (b) of the statutes is amended to read:

AB303,7,13 23.33 (4g) (b) Use of test results. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law or for the purpose of deciding whether or not to request a chemical test under sub. (4p). Following the preliminary breath screening test, chemical tests may be required of the person under sub. (4p).

AB303, s. 6 Section 6. 23.33 (4j), (4L) and (4p) (a) 1. and 3., (b) 4., (c) 1. and 2., (d) and (e) 1. and 2. of the statutes are amended to read: