2017 - 2018 LEGISLATURE
March 29, 2017 - Introduced by Senators Kapenga, Risser, Testin and Darling,
cosponsored by Representatives Kuglitsch, Steffen, Jagler, Krug, Kulp,
Murphy, Quinn, Ripp, Sanfelippo, Thiesfeldt, Tusler and Skowronski.
Referred to Committee on Government Operations, Technology and
Consumer Protection.
SB148,1,11 1An Act to amend 194.01 (7), 340.01 (74), 344.01 (2) (g), subchapter IV (title) of
2chapter 346 [precedes 346.23], 346.23 (1), 346.23 (2), 346.24 (1), 346.24 (2),
3346.24 (3), 346.28 (title), 346.28 (2), 346.30 (1) (a), 346.37 (1) (a) 2., 346.37 (1)
4(c) 2., 346.37 (1) (c) 3., 346.37 (1) (c) 4., 346.37 (1) (d) 1., 346.37 (1) (d) 2., 346.37
5(1) (e) 1., 346.37 (1) (e) 2., 346.38 (1), 346.38 (2), 346.43 (1) (a), 346.47 (1),
6subchapter XII (title) of chapter 346 [precedes 346.77], 346.80 (5), 346.82 (title),
7346.82 (1), 346.95 (6), 347.245 (1), 347.489 (title), 347.489 (1), 349.236 (title),
8349.236 (1) (b), 349.236 (1) (c) and 349.236 (2); and to create 340.01 (43fg),
9340.01 (43fs), 341.0585, 346.807, 346.94 (18m), 347.02 (1) (k), 347.489 (1m) and
10347.489 (4) of the statutes; relating to: personal delivery devices and providing
11a penalty.
Analysis by the Legislative Reference Bureau
This bill authorizes the operation of personal delivery devices (PDDs) on
sidewalks and crosswalks.
Under this bill, a PDD is defined as an electronically powered device that 1) is
intended primarily to transport property on sidewalks and crosswalks; 2) weighs less

than 80 pounds, excluding cargo; 3) is capable of a maximum speed of 10 miles per
hour or less; and 4) is capable of operating with and without active control or
monitoring by an individual. A PDD operator is defined as an entity or its agent that
exercises control over, or that monitors, the navigation system and operation of the
PDD.
This bill authorizes the operation of a PDD on any sidewalk or crosswalk, unless
the authority with jurisdiction of the sidewalk or crosswalk prohibits such operation.
In general, PDD operators must ensure that a PDD operates in compliance with rules
of the road regulating the conduct of pedestrians. In addition, PDD operators must
ensure that all of the following are satisfied when operating a PDD on a sidewalk or
crosswalk:
1. A PDD operator must control or monitor the navigation and operation of the
PDD.
2. A PDD may not go on a roadway except while crossing at a crosswalk.
3. A PDD must be operated with due care.
4. A PDD must comply with each traffic signal and sign.
5. The speed of a PDD may not exceed 10 miles per hour.
This bill also provides that a PDD must be equipped with a braking system, a
plate or marker that is in a position to be clearly visible and that identifies the name
and contact information of the PDD operator, and, if operated during hours of
darkness, a white light visible from the front and a red reflector visible from the rear.
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:
SB148,1 1Section 1. 194.01 (7) of the statutes is amended to read:
SB148,2,52 194.01 (7) “Motor vehicle" means any automobile, truck, trailer, semitrailer,
3tractor, motor bus, or any self-propelled or motor driven vehicle, except a motorcycle,
4moped, motor bicycle, electric personal assistive mobility device, personal delivery
5device,
or vehicle operated on rails.
SB148,2 6Section 2. 340.01 (43fg) of the statutes is created to read:
SB148,2,87 340.01 (43fg) “Personal delivery device” means an electronically powered
8device that satisfies all of the following:
SB148,2,109 (a) The device is intended primarily to transport property on sidewalks and
10crosswalks.
SB148,3,1
1(b) The device has an empty weight of less than 80 pounds, excluding cargo.
SB148,3,22 (c) The device is capable of a maximum speed of 10 miles per hour or less.
SB148,3,43 (d) The device is capable of operating with and without the active control or
4monitoring by an individual.
SB148,3 5Section 3. 340.01 (43fs) of the statutes is created to read:
SB148,3,116 340.01 (43fs) “Personal delivery device operator” means an entity or its agent
7that exercises control over, or that monitors, the navigation system and operation of
8a personal delivery device. “Personal delivery device operator" does not include an
9entity or person that requests the services of a personal delivery device to transport
10property or that only arranges for and dispatches the requested services of a personal
11delivery device.
SB148,4 12Section 4. 340.01 (74) of the statutes is amended to read:
SB148,3,1713 340.01 (74) “Vehicle" means every device in, upon, or by which any person or
14property is or may be transported or drawn upon a highway, except railroad trains.
15A snowmobile, an all-terrain vehicle, a personal delivery device, and an electric
16personal assistive mobility device shall not be considered a vehicle except for
17purposes made specifically applicable by statute.
SB148,5 18Section 5. 341.0585 of the statutes is created to read:
SB148,3,20 19341.0585 Personal delivery devices. Personal delivery devices, even
20though operated upon a highway of this state, are exempt from registration.
SB148,6 21Section 6. 344.01 (2) (g) of the statutes is amended to read:
SB148,3,2522 344.01 (2) (g) “Vehicle" means every device in, upon, or by which any person
23or property is or may be transported or drawn upon a highway, except vehicles used
24exclusively upon stationary rails or tracks and except electric personal assistive
25mobility devices and personal delivery devices.
SB148,7
1Section 7. Subchapter IV (title) of chapter 346 [precedes 346.23] of the
2statutes is amended to read:
SB148,4,33 CHAPTER 346
SB148,4,44 subchapter IV
SB148,4,95 RESPECTIVE RIGHTS AND DUTIES OF
6 DRIVERS, PEDESTRIANS, BICYCLISTS,
7 AND RIDERS OF ELECTRIC PERSONAL
8 ASSISTIVE MOBILITY DEVICES
9and other highway users
SB148,8 10Section 8. 346.23 (1) of the statutes is amended to read:
SB148,5,211 346.23 (1) At an intersection or crosswalk where traffic is controlled by traffic
12control signals or by a traffic officer, the operator of a vehicle shall yield the
13right-of-way to a pedestrian or personal delivery device, or to a person who is riding
14a bicycle or electric personal assistive mobility device in a manner which is consistent
15with the safe use of the crosswalk by pedestrians, who that has started to cross the
16highway on a green signal or a pedestrian signal authorizing crossing and in all other
17cases pedestrians, bicyclists, and riders of electric personal assistive mobility devices
18shall yield, and personal delivery device operators shall ensure that personal
19delivery devices yield,
the right-of-way to vehicles lawfully proceeding directly
20ahead on a green signal. No operator of a vehicle proceeding ahead on a green signal
21may begin a turn at a controlled intersection or crosswalk when a pedestrian,
22personal delivery device
, bicyclist, or rider of an electric personal assistive mobility
23device crossing in the crosswalk on a green signal or a pedestrian signal authorizing
24crossing would be endangered or interfered with in any way. The rules stated in this
25subsection are modified at intersections or crosswalks on divided highways or

1highways provided with safety zones in the manner and to the extent stated in sub.
2(2).
SB148,9 3Section 9. 346.23 (2) of the statutes is amended to read:
SB148,5,114 346.23 (2) At intersections or crosswalks on divided highways or highways
5provided with safety zones where traffic is controlled by traffic control signals or by
6a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian,
7personal delivery device
, bicyclist, or rider of an electric personal assistive mobility
8device who that has started to cross the roadway either from the near curb or
9shoulder or from the center dividing strip or a safety zone with the green signal or
10a pedestrian signal authorizing crossing in the favor of the pedestrian , personal
11delivery device
, bicyclist, or rider of an electric personal assistive mobility device.
SB148,10 12Section 10. 346.24 (1) of the statutes is amended to read:
SB148,5,1813 346.24 (1) At an intersection or crosswalk where traffic is not controlled by
14traffic control signals or by a traffic officer, the operator of a vehicle shall yield the
15right-of-way to a pedestrian or personal delivery device, or to a person riding a
16bicycle or electric personal assistive mobility device in a manner which is consistent
17with the safe use of the crosswalk by pedestrians, who that is crossing the highway
18within a marked or unmarked crosswalk.
SB148,11 19Section 11. 346.24 (2) of the statutes is amended to read:
SB148,5,2420 346.24 (2) No pedestrian, personal delivery device, bicyclist, or rider of an
21electric personal assistive mobility device shall may suddenly leave, and no personal
22delivery device operator may allow a personal delivery device to suddenly leave,
a
23curb or other place of safety and walk, run, or ride into the path of a vehicle which
24is so close that it is difficult for the operator of the vehicle to yield.
SB148,12 25Section 12. 346.24 (3) of the statutes is amended to read:
SB148,6,5
1346.24 (3) Whenever any vehicle is stopped at an intersection or crosswalk to
2permit a pedestrian, personal delivery device, bicyclist, or rider of an electric
3personal assistive mobility device to cross the roadway, the operator of any other
4vehicle approaching from the rear shall may not overtake and pass the stopped
5vehicle.
SB148,13 6Section 13. 346.28 (title) of the statutes is amended to read:
SB148,6,9 7346.28 (title) Pedestrians to walk on left side of highway; pedestrians,
8bicyclists, and riders of electric personal assistive mobility devices
drivers
9to yield
on sidewalks.
SB148,14 10Section 14. 346.28 (2) of the statutes is amended to read:
SB148,6,1311 346.28 (2) Operators of vehicles shall yield the right-of-way to pedestrians,
12personal delivery devices
, bicyclists, and riders of electric personal assistive mobility
13devices on sidewalks as required by s. 346.47.
SB148,15 14Section 15 . 346.30 (1) (a) of the statutes is amended to read:
SB148,6,1915 346.30 (1) (a) Any pedestrian violating s. 346.23, 346.24 (2), 346.25, 346.28 or
16346.29 and any personal delivery device operator violating s. 346.23 or 346.24 (2)
17may be required to forfeit not less than $2 nor more than $20 for the first offense and
18not less than $10 nor more than $50 for the 2nd or subsequent conviction within a
19year.
SB148,16 20Section 16. 346.37 (1) (a) 2. of the statutes is amended to read:
SB148,6,2521 346.37 (1) (a) 2. Pedestrians, and persons who are riding bicycles or electric
22personal assistive mobility devices in a manner which is consistent with the safe use
23of the crosswalk by pedestrians, facing the signal may proceed, and personal delivery
24device operators may allow personal delivery devices to proceed,
across the roadway
25within any marked or unmarked crosswalk.
SB148,17
1Section 17. 346.37 (1) (c) 2. of the statutes is amended to read:
SB148,7,62 346.37 (1) (c) 2. No pedestrian, personal delivery device, bicyclist, or rider of
3an electric personal assistive mobility device facing such signal shall enter, and no
4personal delivery device operator may allow a personal delivery device facing such
5signal to enter,
the roadway unless he or she can do so safely and without interfering
6with any vehicular traffic.
SB148,18 7Section 18. 346.37 (1) (c) 3. of the statutes is amended to read:
SB148,7,228 346.37 (1) (c) 3. Vehicular traffic facing a red signal at an intersection may, after
9stopping as required under subd. 1., cautiously enter the intersection to make a right
10turn into the nearest lawfully available lane for traffic moving to the right or to turn
11left from a one-way highway into the nearest lawfully available lane of a one-way
12highway on which vehicular traffic travels to the left. Vehicular traffic in the leftmost
13right-turn lane of a roadway that provides 2 right-turn lanes may make a right turn
14on a red signal into a lawfully available lane that is 2nd to the rightmost lane for
15traffic moving to the right. Except for a vehicle turning right from the leftmost
16right-turn lane of a roadway that provides 2 right-turn lanes, no turn may be made
17on a red signal if lanes of moving traffic are crossed. No turn may be made on a red
18signal if a sign at the intersection prohibits the turn on a red signal. In making a turn
19on a red signal vehicular traffic shall yield the right-of-way to pedestrians, personal
20delivery devices
, bicyclists, and riders of electric personal assistive mobility devices
21lawfully within a crosswalk, to operators of vehicles making a lawful U-turn, and to
22other traffic lawfully using the intersection.
SB148,19 23Section 19. 346.37 (1) (c) 4. of the statutes is amended to read:
SB148,8,1024 346.37 (1) (c) 4. Notwithstanding subd. 1., a motorcycle, moped, motor bicycle,
25or bicycle facing a red signal at an intersection may, after stopping as required under

1subd. 1. for not less than 45 seconds, proceed cautiously through the intersection
2before the signal turns green if no other vehicles are present at the intersection to
3actuate the signal and the operator of the motorcycle, moped, motor bicycle, or bicycle
4reasonably believes the signal is vehicle actuated. The operator of a motorcycle,
5moped, motor bicycle, or bicycle proceeding through a red signal under this
6subdivision shall yield the right-of-way to any vehicular traffic, pedestrian,
7personal delivery device
, bicyclist, or rider of an electric personal assistive mobility
8device proceeding through a green signal at the intersection or lawfully within a
9crosswalk or using the intersection. This subdivision does not affect any
10authorization for a bicyclist under subd. 2.
SB148,20 11Section 20. 346.37 (1) (d) 1. of the statutes is amended to read:
SB148,8,1812 346.37 (1) (d) 1. Vehicular traffic facing a green arrow signal may enter the
13intersection to make the movement indicated by the arrow but shall yield the
14right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of
15electric personal assistive mobility devices lawfully within a crosswalk and to other
16traffic lawfully using the intersection. Vehicular traffic facing a left turn arrow may
17make a U-turn unless a sign prohibits U-turns. When the green arrow signal
18indicates a right or left turn traffic shall cautiously enter the intersection.
SB148,21 19Section 21. 346.37 (1) (d) 2. of the statutes is amended to read:
SB148,8,2420 346.37 (1) (d) 2. No pedestrian, bicyclist, or rider of electric personal assistive
21mobility device facing such signal shall may enter, and no personal delivery device
22operator may allow a personal delivery device facing such signal to enter,
the
23roadway unless he or she can do so safely and without interfering with any vehicular
24traffic.
SB148,22 25Section 22. 346.37 (1) (e) 1. of the statutes is amended to read:
SB148,9,6
1346.37 (1) (e) 1. Vehicular traffic facing a flashing yellow arrow signal may
2cautiously enter the intersection to make the movement indicated by the arrow but
3shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and
4riders of electric personal assistive mobility devices lawfully within a crosswalk and
5to other traffic lawfully using the intersection. Vehicular traffic facing a left turn
6arrow may make a U-turn unless a sign prohibits U-turns.
SB148,23 7Section 23. 346.37 (1) (e) 2. of the statutes is amended to read:
SB148,9,128 346.37 (1) (e) 2. No pedestrian, bicyclist, or rider of an electric personal
9assistive mobility device facing such signal shall may enter, and no personal delivery
10device operator may allow a personal delivery device facing such signal to enter,
the
11roadway unless he or she can do so safely and without interfering with any vehicular
12traffic.
SB148,24 13Section 24. 346.38 (1) of the statutes is amended to read:
SB148,9,2114 346.38 (1) Walk. A pedestrian, or a person riding a bicycle or electric personal
15assistive mobility device in a manner which is consistent with the safe use of the
16crossing by pedestrians, facing a pedestrian signal authorizing crossing may
17proceed, and a personal delivery device operator may allow a personal delivery device
18facing a pedestrian signal authorizing crossing to proceed,
across the roadway or
19other vehicular crossing in the direction of the signal and the operators of all vehicles
20shall yield the right-of-way to the pedestrian, personal delivery device, bicyclist, or
21electric personal assistive mobility device rider.
SB148,25 22Section 25. 346.38 (2) of the statutes is amended to read:
SB148,9,2523 346.38 (2) Don't walk. No pedestrian, personal delivery device, bicyclist, or
24rider of an electric personal assistive mobility device may start to cross, and no
25personal delivery device operator may allow a personal delivery device to start to

1cross,
the roadway or other vehicular crossing in the direction of a pedestrian signal
2limiting crossing, regardless of whether the signal is steady or flashing, but any
3pedestrian, personal delivery device, bicyclist, or rider of an electric personal
4assistive mobility device who that has partially completed crossing on the pedestrian
5signal authorizing crossing may proceed to a sidewalk or safety zone while a
6pedestrian signal limiting crossing is showing.
SB148,26 7Section 26 . 346.43 (1) (a) of the statutes is amended to read:
SB148,10,118 346.43 (1) (a) Any pedestrian or personal delivery device operator violating s.
9346.37 or 346.38 may be required to forfeit not less than $2 nor more than $20 for the
10first offense and not less than $10 nor more than $50 for the 2nd or subsequent
11conviction within a year.
SB148,27 12Section 27. 346.47 (1) of the statutes is amended to read:
SB148,10,1913 346.47 (1) The operator of a vehicle emerging from an alley or about to cross
14or enter a highway from any point of access other than another highway shall stop
15such vehicle immediately prior to moving on to the sidewalk or on to the sidewalk
16area extending across the path of such vehicle and shall yield the right-of-way to any
17pedestrian, bicyclist, personal delivery device, or rider of an electric personal
18assistive mobility device, and upon crossing or entering the roadway shall yield the
19right-of-way to all vehicles approaching on such roadway.
SB148,28 20Section 28. Subchapter XII (title) of chapter 346 [precedes 346.77] of the
21statutes is amended to read:
SB148,10,2222 CHAPTER 346
SB148,10,2323 subchapter XII
SB148,11,224 BICYCLES, ELECTRIC PERSONAL
25 ASSISTIVE MOBILITY DEVICES,

1personal delivery devices,
2 AND PLAY VEHICLES
Loading...
Loading...