AB470,21,96 7. Operate the off-highway motorcycle at a speed exceeding 10 miles per hour,
7if the off-highway motorcycle is within 150 feet of a dwelling. The speed limit
8specified in this subsection does not apply to a person operating an off-highway
9motorcycle on a roadway that is designated as an off-highway motorcycle route.
AB470,21,1410 8. Operate the off-highway motorcycle on the frozen surface of public waters
11or on an off-highway motorcycle trail at a speed exceeding 10 miles per hour or
12without yielding the right-of-way when within 100 feet of another person who is not
13operating a motor vehicle, an all-terrain vehicle, a utility terrain vehicle, an
14off-highway motorcycle, or a snowmobile.
AB470,21,1615 9. Operate the off-highway motorcycle to drive or pursue any animal except as
16part of normal farming operations involving livestock.
AB470,21,2017 10. Operate the off-highway motorcycle in a manner which violates rules
18promulgated by the department. This subdivision does not authorize the
19department to promulgate or enforce a rule that imposes a speed restriction that is
20more stringent than a speed restriction specified under this paragraph.
AB470,21,2521 (b) The speed restrictions under par. (a) 6. and 8. do not apply to a race or derby
22sponsored by a local governmental unit, by an off-highway motorcycle association,
23or by a similar organization that is approved by a local governmental unit if the
24sponsor of the race or derby marks the race or derby route or track to warn spectators
25from entering the route or track.
AB470,22,4
1(c) 1. The distance restriction under par. (a) 8. does not apply to persons who
2are assisting in directing a race or derby sponsored by a local governmental unit, by
3an off-highway motorcycle association, or by a similar organization that is approved
4by a local governmental unit.
AB470,22,85 2. The distance restriction under par. (a) 8. does not apply if the person who is
6not operating the motor vehicle, all-terrain vehicle, utility terrain vehicle,
7off-highway motorcycle, or snowmobile gives his or her consent to have the person
8operating the off-highway motorcycle at a closer distance.
AB470,22,11 9(10) Operation on highways; limited use motorcycles. (a) Generally. No
10person may operate a limited use off-highway motorcycle on the roadway portion of
11any highway unless one of the following applies:
AB470,22,1812 1. Operation on the roadway is necessary to cross the roadway. The crossing
13of a roadway is authorized only if the crossing is done in the most direct manner
14practicable, if the crossing is made at a place where no obstruction prevents a quick
15and safe crossing, and if the operator stops the limited use off-highway motorcycle
16prior to entering the crossing and yields the right-of-way to any other vehicles,
17pedestrians, or electric personal assistive mobility devices that are using the
18roadway.
AB470,23,219 2. Operation on the roadway is necessary to cross a bridge, culvert, or railroad
20right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not
21authorized if the roadway is officially closed to off-highway motorcycle traffic. The
22crossing is authorized only if the crossing is done in the most direct manner
23practicable, if the crossing is made at a place where no obstruction prevents a quick
24and safe crossing, and if the operator stops the limited use off-highway motorcycle
25prior to entering the crossing and yields the right-of-way to any other vehicles,

1pedestrians, or electric personal assistive mobility devices that are using the
2roadway.
AB470,23,63 2m. Operation is on the roadway or shoulder for the purpose of crossing a bridge
4that is 1,000 feet in length or less if the operation is in compliance with a county
5ordinance adopted under sub. (21) (am) that applies to that bridge and a city, village,
6or town ordinance adopted under sub. (21) (am) that applies to that bridge.
AB470,23,107 3. Operation is on a roadway which is not maintained, or is only minimally
8maintained, on a seasonal basis for motor vehicle traffic. Such operation is
9authorized only during the seasons when no maintenance occurs and only if the
10roadway is not officially closed to off-highway motorcycle traffic.
AB470,23,1411 4. Operation is on a roadway that is an off-highway motorcycle route. Such
12operation is authorized only for the extreme right side of the roadway except that left
13turns may be made from any part of the roadway which is safe given prevailing
14conditions.
AB470,23,1715 5. The operator of the limited use off-highway motorcycle is a person who holds
16a Class A permit or a Class B permit under s. 29.193 (2) and who is traveling for the
17purpose of hunting or is otherwise engaging in an activity authorized by the permit.
AB470,23,2218 6. The limited use off-highway motorcycle is registered for private use under
19sub. (3) and is being used exclusively as an implement of husbandry or for
20agricultural purposes. Such operation is authorized only for the extreme right side
21of the roadway except that left turns may be made from any part of the roadway
22which is safe given prevailing conditions.
AB470,23,2423 7. The roadway part of the highway is blocked off for a special off-highway
24motorcycle event as authorized under par. (b).
AB470,24,8
1(b) Off-highway motorcycle events. A local governmental unit may block off
2highways under its jurisdiction for the purpose of allowing special off-highway
3motorcycle events. No state trunk highway or connecting highway, or part thereof,
4may be blocked off by any local governmental unit for any off-highway motorcycle
5event. A local governmental unit shall notify the local police department and the
6county sheriff's office at least one week in advance of the time and place of any
7off-highway motorcycle event that may result in any street, or part thereof, of the
8local governmental unit being blocked off.
AB470,24,149 (c) Freeways. No person may operate a limited use off-highway motorcycle on
10any part of any freeway which is a part of the federal system of interstate and defense
11highways under any circumstances. No person may operate a limited use
12off-highway motorcycle on any part of any other freeway unless the department of
13transportation authorizes the use of limited use off-highway motorcycles on that
14freeway.
AB470,24,19 15(11) Operation adjacent to roadway. (a) Location of operation. 1. A person
16may operate an off-highway motorcycle adjacent to a roadway of a town highway
17that is designated as an off-highway motorcycle route or an off-highway motorcycle
18trail without any restriction on how close the off-highway motorcycle is to the
19roadway.
AB470,24,2520 2. A person may operate an off-highway motorcycle adjacent to a roadway of
21a U.S. numbered highway, a state highway, or a county highway that is designated
22an off-highway motorcycle route or an off-highway motorcycle trail provided that
23the operation occurs at a distance of 10 or more feet from the roadway or such greater
24distance as is reasonably necessary in order to avoid an obstruction. Travel on the
25median of a divided highway is prohibited except to cross.
AB470,25,4
1(b) Direction of operation. 1. Except as provided in subd. 2., a person may
2operate an off-highway motorcycle on an off-highway motorcycle route or
3off-highway motorcycle trail adjacent to a roadway only in the same direction as
4motor vehicle traffic in the nearest lane.
AB470,25,65 2. A person may operate the off-highway motorcycle in either direction if any
6of the following applies:
AB470,25,77 a. The off-highway motorcycle is being operated during hours of daylight.
AB470,25,108 b. The off-highway motorcycle is being operated during hours of darkness and
9the off-highway motorcycle route or off-highway motorcycle trail is located at least
1040 feet from the roadway or is separated from the roadway by a head lamp barrier.
AB470,25,1411 (c) Other limitation. A person operating an off-highway motorcycle on an
12off-highway motorcycle route or off-highway motorcycle trail adjacent to a roadway
13shall comply with the speed limits of the adjacent roadway and with rules
14promulgated by the department and approved by the department of transportation.
AB470,25,17 15(12) Intoxicated operation. (a) Operation. 1. No person may operate an
16off-highway motorcycle while under the influence of an intoxicant to a degree which
17renders him or her incapable of safe operation of the off-highway motorcycle.
AB470,25,1918 2. No person may engage in the operation of an off-highway motorcycle while
19the person has an alcohol concentration of 0.08 or more.
AB470,25,2220 2m. No person may engage in the operation of an off-highway motorcycle while
21the person has a detectable amount of a restricted controlled substance in his or her
22blood.
AB470,25,2523 3. If a person has not attained the age of 21, the person may not engage in the
24operation of an off-highway motorcycle while he or she has an alcohol concentration
25of more than 0.0 but not more than 0.08.
AB470,26,9
14. A person may be charged with and a prosecutor may proceed upon a
2complaint based upon a violation of any combination of subd. 1., 2., or 2m. for acts
3arising out of the same incident or occurrence. If the person is charged with violating
4any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the person is
5found guilty of any combination of subd. 1., 2., or 2m. for acts arising out of the same
6incident or occurrence, there shall be a single conviction for purposes of sentencing
7and for purposes of counting convictions under sub. (23) (c) 2. and 3. Subdivisions
81., 2., and 2m. each require proof of a fact for conviction which the others do not
9require.
AB470,26,1610 5. In an action under subd. 2m. that is based on the defendant allegedly having
11a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or
12delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
13or she proves by a preponderance of the evidence that at the time of the incident or
14occurrence he or she had a valid prescription for methamphetamine or one of its
15metabolic precursors, gamma-hydroxybutyric acid, or
16delta-9-tetrahydrocannabinol.
AB470,26,2017 (b) Operation causing injury. 1. No person while under the influence of an
18intoxicant to a degree which renders him or her incapable of safe operation of an
19off-highway motorcycle may cause injury to another person by the operation of an
20off-highway motorcycle.
AB470,26,2221 2. No person who has an alcohol concentration of 0.08 or more may cause injury
22to another person by the operation of an off-highway motorcycle.
AB470,26,2523 2m. No person who has a detectable amount of a restricted controlled substance
24in his or her blood may cause injury to another person by the operation of an
25off-highway motorcycle.
AB470,27,9
13. A person may be charged with and a prosecutor may proceed upon a
2complaint based upon a violation of any combination of subd. 1., 2., or 2m. for acts
3arising out of the same incident or occurrence. If the person is charged with violating
4any combination of subd. 1., 2., or 2m. in the complaint, the crimes shall be joined
5under s. 971.12. If the person is found guilty of any combination of subd. 1., 2., or 2m.
6for acts arising out of the same incident or occurrence, there shall be a single
7conviction for purposes of sentencing and for purposes of counting convictions under
8sub. (23) (c) 2. and 3. Subdivisions 1., 2., and 2m. each require proof of a fact for
9conviction which the others do not require.
AB470,27,1510 4. In an action under this paragraph, the defendant has a defense if he or she
11proves by a preponderance of the evidence that the injury would have occurred even
12if he or she had been exercising due care and even if he or she had not been under
13the influence of an intoxicant to a degree which rendered him or her incapable of safe
14operation, did not have an alcohol concentration of 0.08 or more, or did not have a
15detectable amount of a restricted controlled substance in his or her blood.
AB470,27,2216 5. In an action under subd. 2m. that is based on the defendant allegedly having
17a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or
18delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
19or she proves by a preponderance of the evidence that at the time of the incident or
20occurrence he or she had a valid prescription for methamphetamine or one of its
21metabolic precursors, gamma-hydroxybutyric acid, or
22delta-9-tetrahydrocannabinol.
AB470,28,523 (c) Implied consent. Any person who engages in the operation of an
24off-highway motorcycle upon the public highways of this state, or in those areas
25enumerated in par. (d), is considered to have given consent to provide one or more

1samples of his or her breath, blood, or urine for the purpose of authorized analysis
2as required under pars. (f) and (g). Any person who engages in the operation of an
3off-highway motorcycle within this state is considered to have given consent to
4submit to one or more chemical tests of his or her breath, blood, or urine for the
5purpose of authorized analysis as required under pars. (f) and (g).
AB470,28,76 (d) Applicability of law. The intoxicated operation of an off-highway
7motorcycle law applies to all of the following:
AB470,28,98 1. The operation of an off-highway motorcycle on any off-highway motorcycle
9corridor or any off-highway motorcycle route.
AB470,28,1310 2. The operation of any off-highway motorcycle on other premises or areas
11located off the highways that are held out to the public for the recreational use of
12off-highway motorcycles whether such premises or areas are publicly or privately
13owned and whether or not a fee is charged for the use of an off-highway motorcycle.
AB470,28,1514 3. The operation of a limited use off-highway motorcycle on a highway as
15authorized under sub. (10).
AB470,28,1716 4. The operation of an off-highway motorcycle adjacent to a highway as
17authorized under sub. (11).
AB470,28,2218 (e) Preliminary breath screening. 1. A person shall provide a sample of his or
19her breath for a preliminary breath screening test if a law enforcement officer has
20probable cause to believe that the person is violating or has violated the intoxicated
21operation of an off-highway motorcycle law and if, prior to an arrest, the law
22enforcement officer requested the person to provide this sample.
AB470,29,323 2. A law enforcement officer may use the results of a preliminary breath
24screening test for the purpose of deciding whether or not to arrest a person for a
25violation of the intoxicated operation of an off-highway motorcycle law or for the

1purpose of deciding whether or not to request a chemical test under par. (f).
2Following the preliminary breath screening test, chemical tests may be required of
3the person under par. (f).
AB470,29,74 3. The result of a preliminary breath screening test is not admissible in any
5action or proceeding except to show probable cause for an arrest, if the arrest is
6challenged, or to show that a chemical test was properly required of a person under
7par. (f).
AB470,29,98 4. There is no penalty for a violation of subd. 1. Subsection (23) (a) and the
9general penalty provision under s. 939.61 do not apply to the violation.
AB470,29,1710 (f) Chemical tests; requirement. 1. A person shall provide one or more samples
11of his or her breath, blood, or urine for the purpose of authorized analysis if he or she
12is arrested for a violation of the intoxicated operation of an off-highway motorcycle
13law and if he or she is requested to provide the sample by a law enforcement officer.
14A person shall submit to one or more chemical tests of his or her breath, blood, or
15urine for the purpose of authorized analysis if he or she is arrested for a violation of
16the intoxicated operation of an off-highway motorcycle law and if he or she is
17requested to submit to the test by a law enforcement officer.
AB470,29,2018 2. A law enforcement officer requesting a person to provide a sample or to
19submit to a chemical test under subd. 1. shall inform the person of all of the following
20at the time of the request and prior to obtaining the sample or administering the test:
AB470,29,2121 a. That he or she is deemed to have consented to tests under par. (c).
AB470,29,2422 b. That a refusal to provide a sample or to submit to a chemical test constitutes
23a violation under par. (h) and is subject to the same penalties and procedures as a
24violation of par. (a) 1.
AB470,30,2
1c. That in addition to the designated chemical test under par. (g) 2., he or she
2may have an additional chemical test under par. (g) 4.
AB470,30,83 3. A person who is unconscious or otherwise not capable of withdrawing
4consent is presumed not to have withdrawn consent under this paragraph, and if a
5law enforcement officer has probable cause to believe that the person violated the
6intoxicated operation of an off-highway motorcycle law, one or more chemical tests
7may be administered to the person without a request under subd. 1. and without
8providing information under subd. 2.
AB470,30,139 (g) Chemical tests; procedures. 1. Upon the request of a law enforcement officer,
10a test facility shall administer a chemical test of breath, blood, or urine for the
11purpose of authorized analysis. A test facility shall be prepared to administer 2 out
12of 3 of these tests for the purpose of authorized analysis. The department may enter
13into agreements for the cooperative use of test facilities.
AB470,30,1614 2. A test facility shall designate one chemical test of breath, blood, or urine
15which it is prepared to administer first as the primary test for the purpose of
16authorized analysis.
AB470,30,1917 3. A test facility shall designate another chemical test of breath, blood, or urine,
18other than the test designated under subd. 2., which it is prepared to administer as
19an additional chemical test for the purpose of authorized analysis.
AB470,31,220 4. If a person is arrested for a violation of the intoxicated operation of an
21off-highway motorcycle law or is the operator of an off-highway motorcycle involved
22in an accident resulting in great bodily harm to or the death of someone and if the
23person is requested to provide a sample or to submit to a test under par. (f) 1., the
24person may request the test facility to administer the additional chemical test
25specified under subd. 3.. or, at his or her own expense, reasonable opportunity to have

1any qualified person administer a chemical test of his or her breath, blood, or urine
2for the purpose of authorized analysis.
AB470,31,113 5. If a person is arrested for a violation of the intoxicated operation of an
4off-highway motorcycle law and if the person is not requested to provide a sample
5or to submit to a test under par. (f) 1., the person may request the test facility to
6administer a chemical test of his or her breath or may request, at his or her own
7expense, a reasonable opportunity to have any qualified person administer a
8chemical test of his or her breath, blood, or urine for the purpose of authorized
9analysis. If a test facility is unable to perform a chemical test of breath, the person
10may request the test facility to administer the chemical test designated under subd.
112. or the additional chemical test designated under subd. 3.
AB470,31,1312 6. A test facility shall comply with a request under this paragraph to
13administer any chemical test it is able to perform.
AB470,31,1614 7. The failure or inability of a person to obtain a chemical test at his or her own
15expense does not preclude the admission of evidence of the results of a chemical test
16required and administered under this paragraph or par. (f).
AB470,32,317 8. A chemical test of blood or urine conducted for the purpose of authorized
18analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of
19the laboratory of hygiene, department of health services, and department of
20transportation under s. 343.305 (6) apply to a chemical test of blood or urine
21conducted for the purpose of authorized analysis under this paragraph and par. (f).
22Blood may be withdrawn from a person arrested for a violation of the intoxicated
23operation of an off-highway motorcycle law only by a physician, registered nurse,
24medical technologist, physician assistant, phlebotomist, or other medical
25professional who is authorized to draw blood, or person acting under the direction

1of a physician, and the person who withdraws the blood, the employer of that person,
2and any hospital where blood is withdrawn have immunity from civil or criminal
3liability as provided under s. 895.53.
AB470,32,114 9. A test facility which administers a chemical test of breath, blood, or urine
5for the purpose of authorized analysis under this paragraph and par. (f) shall prepare
6a written report which shall include the findings of the chemical test, the
7identification of the law enforcement officer or the person who requested a chemical
8test, and the identification of the person who provided the sample or submitted to the
9chemical test. The test facility shall transmit a copy of the report to the law
10enforcement officer and the person who provided the sample or submitted to the
11chemical test.
AB470,32,1912 (h) Chemical tests; refusal. No person may refuse a lawful request to provide
13one or more samples of his or her breath, blood, or urine or to submit to one or more
14chemical tests under par. (f). A person shall not be considered to have refused to
15provide a sample or to submit to a chemical test if it is shown by a preponderance of
16the evidence that the refusal was due to a physical inability to provide the sample
17or to submit to the test due to a physical disability or disease unrelated to the use of
18an intoxicant. Issues in any action concerning violation of par. (f) or this paragraph
19are limited to the following:
AB470,32,2220 1. Whether the law enforcement officer had probable cause to believe the
21person was violating or had violated the intoxicated operation of an off-highway
22motorcycle law.
AB470,32,2423 2. Whether the person was lawfully placed under arrest for violating the
24intoxicated operation of an off-highway motorcycle law.
AB470,33,3
13. Whether the law enforcement officer requested the person to provide a
2sample or to submit to a chemical test and provided the information required under
3par. (f) 2. or whether the request and information was unnecessary under par. (f) 3.
AB470,33,54 4. Whether the person refused to provide a sample or to submit to a chemical
5test.
AB470,33,146 (i) Chemical tests; effect of test results. The results of a chemical test required
7or administered under par. (f) or (g) are admissible in any civil or criminal action or
8proceeding arising out of the acts committed by a person alleged to have violated the
9intoxicated operation of an off-highway motorcycle law on the issue of whether the
10person was under the influence of an intoxicant or the issue of whether the person
11had alcohol concentrations at or above specified levels or a detectable amount of a
12restricted controlled substance in his or her blood. Results of these chemical tests
13shall be given the effect required under s. 885.235. Paragraphs (f) to (h) do not limit
14the right of a law enforcement officer to obtain evidence by any other lawful means.
AB470,33,1815 (j) Report of arrest to department. If a law enforcement officer arrests a person
16for a violation of the intoxicated operation of an off-highway motorcycle law or the
17refusal law, the law enforcement officer shall notify the department of the arrest as
18soon as practicable.
AB470,33,2319 (k) Release of persons arrested. 1. A person arrested for a violation of the
20intoxicated operation of the off-highway motorcycle law may not be released until
2112 hours have elapsed from the time of his or her arrest or unless a chemical test
22administered under par. (a) 1. or 2. shows that the person has an alcohol
23concentration of 0.05 or less, except as provided in subd 2.
AB470,34,3
12. A person arrested for a violation of the intoxicated operation of the
2off-highway motorcycle law may be released to his or her attorney, spouse, relative,
3or other responsible adult at any time after arrest.
AB470,34,54 (L) Public education program. 1. The department shall promulgate rules to
5provide for a public education program to:
AB470,34,76 a. Inform off-highway motorcycle operators of the prohibitions and penalties
7included in the intoxicated operation of an off-highway motorcycle law.
AB470,34,98 b. Provide for the development of signs briefly explaining the intoxicated
9operation of an off-highway motorcycle law.
AB470,34,1210 2. The department shall develop and issue an educational pamphlet on the
11intoxicated operation of an off-highway motorcycle law to be distributed to persons
12issued off-highway motorcycle registration certificates under sub. (3).
AB470,34,18 13(13) Age restrictions; safety certificate requirements. (a) Under 12 years
14of age.
A person who is under 12 years of age may not operate an off-highway
15motorcycle on a roadway under any circumstances and may not operate an
16off-highway motorcycle off a roadway unless he or she is accompanied by a parent
17or guardian or by a person who is at least 18 years of age who has been designated
18by the parent or guardian.
AB470,34,2219 (b) At least 12 years of age. No person who is at least 12 years of age and born
20after January 1, 1998, may operate an off-highway motorcycle off the highways
21unless the person holds a valid certificate issued by the department under sub. (14)
22or by another state or a province of Canada.
AB470,35,223 (c) Exemptions. 1. The restrictions under pars. (a) and (b) do not apply to the
24operation of an off-highway motorcycle on private property if the owner of the

1property has given consent for the operation and does not hold the property out to
2the public for use of off-highway motorcycles.
AB470,35,83 2. The restriction under par. (a) does not apply to a person who is operating a
4limited use off-highway motorcycle at an off-highway motorcycle event sponsored
5by a local governmental unit, by an off-highway motorcycle association, or by a
6similar organization that is approved by a local governmental unit, who is wearing
7protective headgear in compliance with sub. (8) (a) or (b), and who is accompanied
8by a person who is at least 18 years of age or a parent or guardian.
AB470,35,23 9(14) Safety certification program. The department shall establish or
10supervise the establishment of a program of instruction on laws related to the
11operation of off-highway motorcycles for recreational purposes off the highways.
12The program shall include instruction on the intoxicated operation of an off-highway
13motorcycle law, safety, and related subjects. The department shall establish by rule
14an instruction fee for this program. All or part of this program may be conducted by
15means of online instruction. The department shall issue certificates to persons
16successfully completing the program. An instructor conducting the program of
17instruction under this subsection shall collect the fee from each person who receives
18instruction. The department may determine the portion of this fee, which may not
19exceed 50 percent, that the instructor may retain to defray expenses incurred by the
20instructor in conducting the program. The instructor shall remit the remainder of
21the fee or, if nothing is retained, the entire fee to the department. The department
22shall issue a duplicate certificate of accomplishment to a person who is entitled to a
23duplicate certificate of accomplishment and who pays a fee of $2.75.
AB470,35,25 24(15) Safety grant program. (a) The department shall establish a program to
25award grants to organizations that meet the eligibility requirements under par. (b).
AB470,36,2
1(b) To be eligible for a grant under this subsection, an organization shall meet
2all of the following requirements:
AB470,36,33 1. The organization is a nonstock corporation organized in this state.
AB470,36,64 2. The organization promotes the off-highway operation of off-highway
5motorcycles in a manner that is safe and responsible and that does not harm the
6environment.
AB470,36,97 3. The organization promotes the off-highway operation of off-highway
8motorcycles in a manner that does not conflict with the laws, rules, and departmental
9policies that are applicable to the operation of off-highway motorcycles.
AB470,36,1210 4. The interest of the organization is limited to the recreational operation of
11off-highway motorcycles on off-highway motorcycle trails, off-highway motorcycle
12routes, and other areas that are off the highways.
AB470,36,1313 5. The organization provides support to off-highway motorcycle clubs.
AB470,36,1614 (c) An organization receiving a grant under this subsection shall use the grant
15moneys to promote and provide support to the safety certification program
16established under sub. (14) by conducting activities that include all of the following:
AB470,36,1817 1. Collecting data on the recreational off-highway operation of off-highway
18motorcycles.
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