LRB-3897/1
ARG:sac:rs
2013 - 2014 LEGISLATURE
March 7, 2014 - Introduced by Representatives Tranel, Thiesfeldt, Kulp,
Marklein, Zepnick, Berceau and Hulsey. Referred to Committee on
Transportation.
AB847,1,4 1An Act to amend 29.924 (2), 347.06 (1), 347.06 (4), 347.09 (1) (intro.), 347.10 (4),
2347.12 (1) (intro.) and 347.13 (1); and to create 340.01 (43d) of the statutes;
3relating to: use of lamps on vehicles when visibility is limited by weather
4conditions and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person may operate a motor vehicle upon a highway
during hours of darkness unless the vehicle is equipped with headlamps and tail
lamps. A person who violates this requirement may be required to pay a forfeiture
of not less than $10 nor more than $200. Also 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 on the vehicle are lighted. A person who
violates this requirement may be required to pay a forfeiture of not less than $10 and
not more than $20 for a first offense and not less than $25 nor more than $50 for a
second or subsequent conviction within a year.
This bill provides that no person may operate a motor vehicle upon a highway
when weather conditions limit visibility such that objects on a highway are not
clearly discernable at a distance of 500 feet from the front of a vehicle (a period of
limited visibility) unless the motor vehicle is equipped with headlamps and tail
lamps. This bill also provides that required headlamps, tail lamps, and clearance
lamps be lighted during periods of limited visibility. A person who violates these
provisions is subject to the same minimum and maximum forfeiture amounts that

may be imposed for improper lighting equipment or improper use of these lamps
during hours of darkness.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB847,1 1Section 1. 29.924 (2) of the statutes is amended to read:
AB847,2,112 29.924 (2) Driving without headlights. In the performance of their law
3enforcement duties, wardens may operate motor vehicles owned or leased by the
4department upon a highway, other than an interstate, a state trunk highway or any
5highway within the limits of any incorporated area, during hours of darkness or
6during a period of limited visibility
without lighted headlamps, tail lamps, or
7clearance lamps, contrary to s. 347.06, if the driving will aid in the accomplishment
8of a lawful arrest for violation of this chapter or in ascertaining whether a violation
9of this chapter has been or is about to be committed. Any civil action or proceeding
10brought against any warden operating a motor vehicle under this subsection is
11subject to ss. 893.82 and 895.46.
AB847,2 12Section 2. 340.01 (43d) of the statutes is created to read:
AB847,2,1513 340.01 (43d) "Period of limited visibility" means any time that weather
14conditions limit visibility such that objects on a highway are not clearly discernible
15at 500 feet from the front of a vehicle.
AB847,3 16Section 3. 347.06 (1) of the statutes is amended to read:
AB847,3,317 347.06 (1) Except as provided in subs. (2) and (4), no person may operate a
18vehicle upon a highway during hours of darkness or during a period of limited
19visibility
unless all headlamps, tail lamps, and clearance lamps with which such the
20vehicle is required to be equipped are lighted. Parking lamps as defined described
21in s. 347.27 shall may not be used for this purpose. This subsection does not apply

1if lamps that are automatically activated whenever the vehicle is started are in use,
2if the headlamps are of sufficient intensity to satisfy the requirements for daytime
3running lamps under 49 CFR 571.108, S5.5.11 (a).
AB847,4 4Section 4. 347.06 (4) of the statutes is amended to read:
AB847,3,95 347.06 (4) A duly authorized warden, as defined in s. 24.01 (11), may operate
6a vehicle owned or leased by the department of natural resources upon a highway
7during hours of darkness or during a period of limited visibility without lighted
8headlamps, tail lamps, or clearance lamps in the performance of the warden's duties
9under s. 29.924 (2).
AB847,5 10Section 5. 347.09 (1) (intro.) of the statutes is amended to read:
AB847,3,1311 347.09 (1) (intro.) No person shall may operate a motor vehicle on a highway
12during hours of darkness or during a period of limited visibility, unless such the
13vehicle is equipped as follows:
AB847,6 14Section 6. 347.10 (4) of the statutes is amended to read:
AB847,3,2315 347.10 (4) Any motor vehicle may be operated during hours of darkness or
16during a period of limited visibility
when equipped with 2 lighted lamps upon the
17front thereof of the motor vehicle capable of revealing persons and objects 75 feet
18ahead in lieu of lamps required by subs. (1) to (3) if such the vehicle at no time is
19operated at a speed in excess of 20 miles per hour. No lighted lamp under this
20subsection shall may have any type of decorative covering that restricts the amount
21of light emitted when the lighted lamp is in use. This subsection does not apply to
22any type of decorative covering originally equipped on the vehicle at the time of
23manufacture and sale.
AB847,7 24Section 7. 347.12 (1) (intro.) of the statutes is amended to read:
AB847,4,5
1347.12 (1) (intro.) Whenever a motor vehicle is being operated on a highway
2during hours of darkness or during a period of limited visibility, the operator shall
3use a distribution of light or composite beam directed high enough and of sufficient
4intensity to reveal a person or vehicle at a safe distance in advance of the vehicle,
5subject to the following requirements and limitations:
AB847,8 6Section 8. 347.13 (1) of the statutes is amended to read:
AB847,4,187 347.13 (1) No person shall may operate a motor vehicle, mobile home, or trailer
8or semitrailer upon a highway during hours of darkness or during a period of limited
9visibility
unless such the motor vehicle, mobile home, or trailer or semitrailer is
10equipped with at least one tail lamp mounted on the rear which, when lighted during
11hours of darkness, emits a red light plainly visible from a distance of 500 feet to the
12rear. No tail lamp shall may have any type of decorative covering that restricts the
13amount of light emitted when the tail lamp is in use. No vehicle originally equipped
14at the time of manufacture and sale with 2 tail lamps shall may be operated upon a
15highway during hours of darkness or during a period of limited visibility 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.
AB847,4,1919 (End)
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