23.33 Note
NOTE: Par. (nk) was created as par. (nd) by
2011 Wis. Act 208 and renumbered to par. (nk) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
23.33(1)(nm)
(nm) "Utility terrain vehicle manufacturer" means a person engaged in the manufacture of utility terrain vehicles for sale to the public.
23.33 Note
NOTE: Par. (nm) was created as par. (nh) by
2011 Wis. Act 208 and renumbered to par. (nm) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
23.33(1)(np)
(np) "Utility terrain vehicle renter" means a person engaged in the rental or leasing of utility terrain vehicles to the public.
23.33(1)(o)
(o) "Validated registration receipt" means a receipt issued by the department or an agent under
sub. (2) (ig) 1. a. that shows that an application and the required fees for a registration certificate have been submitted to the department or an agent appointed under
sub. (2) (i) 3.
23.33 Cross-reference
Cross-reference: See also definitions in s.
340.01.
23.33(1m)
(1m) Utility terrain vehicle program. 23.33(1m)(b)
(b) The department or a federal agency, county, or municipality may designate any of the following located within their respective jurisdictions:
23.33(1m)(b)1.
1. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors that may be used by operators of utility terrain vehicles.
23.33(1m)(b)2.
2. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors upon which utility terrain vehicle use is prohibited.
23.33(1m)(c)
(c) No person may operate a utility terrain vehicle on an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor unless it is designated as an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor that may be used by operators of utility terrain vehicles as provided under this subsection.
23.33(2)(a)(a)
Requirement. Except as provided in
sub. (2k), no person may operate and no owner may give permission for the operation of an all-terrain vehicle or utility terrain vehicle within this state unless the all-terrain vehicle or utility terrain vehicle is registered for public use or for private use under this subsection or
sub. (2g), is exempt from registration, or is operated with a reflectorized plate or a sign attached in the manner and containing registration decals specified under
par. (dm) 3. Except as provided in
sub. (2k), no person may operate and no owner may give permission for the operation of an all-terrain vehicle or utility terrain vehicle on an all-terrain vehicle route or an all-terrain vehicle trail unless the all-terrain vehicle or utility terrain vehicle is registered for public use under this subsection or
sub. (2g).
23.33(2)(b)
(b)
Exemptions. An all-terrain vehicle or utility terrain vehicle is exempt from registration if it is:
23.33(2)(b)1.
1. Owned by the United States, another state or a political subdivision thereof, but the exterior of the all-terrain vehicle or utility terrain vehicle shall display in a visible manner the name of the owner.
23.33(2)(b)2m.
2m. Covered by a valid registration of a federally recognized American Indian tribe or band, if all of the following apply:
23.33(2)(b)2m.a.
a. The registration program of the tribe or band is covered by an agreement under
s. 23.35.
23.33(2)(b)2m.b.
b. The all-terrain vehicle or utility terrain vehicle displays the registration decal required by the tribe or band.
23.33(2)(b)3.
3. Used exclusively for racing on a raceway facility.
23.33(2)(b)3m.
3m. Present in this state, for a period not to exceed 15 days, and if it is used exclusively as part of an advertisement being made for the manufacturer of the all-terrain vehicle or utility terrain vehicle.
23.33(2)(b)4.
4. Owned by a political subdivision of the state and used for enforcement or emergency purposes.
23.33(2)(b)5.
5. Specified as exempt from registration by department rule.
23.33(2)(c)1.1. Any all-terrain vehicle or utility terrain vehicle may be registered for public use. The fee for the issuance or renewal of a registration certificate for public use for an all-terrain vehicle or utility terrain vehicle is $30. The department shall impose an additional late fee of $5 for the renewal of a registration certificate under this subdivision that is filed after the expiration date of the registration certificate unless the renewal is included with an application to transfer the registration certificate.
23.33(2)(c)2.
2. A person who is required to register an all-terrain vehicle or utility terrain vehicle for public use shall attach his or her own plate to the rear of the vehicle and shall affix a registration decal, furnished by the department, to each side of the vehicle in a place that is forward of the operator of the vehicle and that is in a place that is clearly visible. The plate shall be a minimum of 4 inches in height and a minimum of 7 1/2 inches in width. The plate shall be white and shall display, in black lettering, the registration number for the all-terrain vehicle or utility terrain vehicle issued by the department. The registration number shall be displayed so that it is a minimum of 1 1/2 inches in height, with a minimum of a 3/16 inch stroke. The person required to register the all-terrain vehicle or utility terrain vehicle shall maintain the plate so that it is in legible condition.
23.33(2)(d)
(d)
Registration; private use; fee. An all-terrain vehicle or utility terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance of a registration certificate for private use is $15. A person who registers an all-terrain vehicle or utility terrain vehicle for private use shall affix a registration decal, furnished by the department, to each side of the vehicle in a place that is forward of the operator of the vehicle and that is in a place that is clearly visible.
23.33(2)(dm)1.1. Every person who is an all-terrain vehicle or utility terrain vehicle manufacturer, all-terrain vehicle or utility terrain vehicle dealer, all-terrain vehicle or utility terrain vehicle distributor, or all-terrain vehicle or utility terrain vehicle renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial all-terrain vehicle and utility terrain vehicle certificate.
23.33(2)(dm)2.
2. The fee for the issuance or renewal of a commercial all-terrain vehicle and utility terrain vehicle certificate is $90. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial all-terrain vehicle and utility terrain vehicle certificate and 3 registration decals. The fee for additional registration decals is $30 per decal.
23.33(2)(dm)3.
3. A person who is required to obtain a commercial all-terrain vehicle and utility terrain vehicle certificate under
subd. 1. shall attach in a clearly visible place a reflectorized plate issued by the department under s.
23.33 (2) (dm) 2., 2009 stats., or a similar plate or sign that is removable and temporarily but firmly mounted to any all-terrain vehicle or utility terrain vehicle that the person leases, rents, offers for sale or otherwise allows to be used whenever the all-terrain vehicle or utility terrain vehicle is being operated. A registration decal issued by the department shall be affixed to the plate or sign specified under this subdivision.
23.33(2)(dm)4.
4. Paragraphs (i),
(ig), and
(ir) do not apply to commercial all-terrain vehicle and utility terrain vehicle certificates or registration decals.
23.33(2)(e)
(e)
Other fees. The fee for the transfer of an all-terrain vehicle and utility terrain vehicle registration certificate is $5. The fee for the issuance of a duplicate all-terrain vehicle or utility terrain vehicle registration certificate, duplicate commercial all-terrain vehicle and utility terrain vehicle certificate or duplicate registration decals is $5. The fee for the issuance of registration decals to a county or municipality is $5. There is no fee for the issuance of registration decals to the state.
23.33(2)(f)
(f)
Effective periods; public use. A public-use registration certificate for an all-terrain vehicle or utility terrain vehicle is valid beginning on April 1 or the date of issuance or renewal and ending March 31 of the 2nd year following the date of issuance or renewal.
23.33(2)(g)
(g)
Effective period; private use. An all-terrain vehicle or utility terrain vehicle private-use registration certificate is valid from the date of issuance until ownership of the all-terrain vehicle or utility terrain vehicle is transferred.
23.33(2)(gm)
(gm)
Effective period; commercial owners. A commercial all-terrain vehicle and utility terrain vehicle certificate is valid beginning on April 1 or the date of issuance or renewal and ending March 31 of the 2nd year following the date of issuance or renewal.
23.33(2)(i)
(i)
Registration; issuers. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may do any of the following:
23.33(2)(i)1.
1. Directly issue, transfer, or renew the registration documentation with or without using the service specified in
par. (ig) 1.
23.33(2)(i)3.
3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documentation using either or both of the services specified in
par. (ig) 1.
23.33(2)(ig)1.1. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following procedures to be provided by the department and any agents appointed under
par. (i) 3.:
23.33(2)(ig)1.a.
a. A procedure under which the department or an agent appointed under
par. (i) 3. accepts applications for registration documentation and issue a validated registration receipt at the time the applicant submits the application accompanied by the required fees.
23.33(2)(ig)1.b.
b. A procedure under which the department or agent may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.
23.33(2)(ig)2.
2. Under either procedure under
subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection. The items of registration documentation issued under
subd. 1. b. shall include at least one registration decal.
23.33(2)(ir)1.1. In addition to the applicable fee under
par. (c),
(d), or
(e), each agent appointed under
par. (i) 3. shall collect a service fee of $3 each time the agent issues a validated registration receipt under
par. (ig) 1. a. The agent shall retain the entire amount of each service fee the agent collects.
Effective date note
NOTE: Subd. 1. is amended eff. 3-1-15 by
2011 Wis. Act 208 to read:
Effective date text
1. In addition to the applicable fee under par. (c), (d), or (e), each agent appointed under par. (i) 3. who accepts an application to issue, renew, or transfer registration documentation in person and issues a validated registration receipt under par. (ig) 1. a. shall collect a service fee of $3 each time the agent issues the receipt. The agent shall retain the entire amount of each service fee the agent collects.
23.33(2)(ir)2.
2. In addition to the applicable fee under
par. (c),
(d), or
(e), the department or the agent appointed under
par. (i) 3. shall collect a service fee of $5 each time the service under
par. (ig) 1. b. is provided. The agent shall remit to the department $1 of each service fee the agent collects.
23.33(2)(o)
(o)
Receipt of all-terrain vehicle fees. All fees remitted to or collected by the department under
par. (ir) for services provided regarding all-terrain vehicles shall be credited to the appropriation account under
s. 20.370 (9) (hu).
23.33(2)(om)
(om)
Receipt of utility terrain vehicle fees. All fees remitted to or collected by the department under
par. (ir) for services provided regarding utility terrain vehicles shall be credited to the appropriation account under
s. 20.370 (9) (hw).
23.33(2)(p)1.1. The department may promulgate rules to establish eligibility and other criteria for the appointment of agents under
par. (i) 3. and to regulate the activities of these agents.
23.33(2)(p)2.
2. The department may establish by rule additional procedures and requirements for all-terrain vehicle or utility terrain vehicle registration.
23.33(2g)
(2g) Lac du Flambeau band registration program. 23.33(2g)(a)(a) Authorization for issuance. The Lac du Flambeau band may issue registration certificates for public use or private use for all-terrain vehicles or utility terrain vehicles that are equivalent to the registration certificates for public use or private use that are issued by the department. The Lac du Flambeau band may renew and transfer a registration certificate that it or the department has issued. The Lac du Flambeau band may issue duplicates of only those registration certificates that it issues under this subsection.
23.33(2g)(b)
(b)
Requirements for issuance; fees; effective periods. 23.33(2g)(b)1.1. For issuing or renewing a registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent registration certificate under
sub. (2) (c) and
(d). For transferring a registration certificate or issuing a duplicate registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent service under
sub. (2) (e).
23.33(2g)(b)2.
2. The Lac du Flambeau band may not issue, renew or otherwise process registration certificates under this subsection in conjunction with discount coupons or as part of a promotion or other merchandising offer.
23.33(2g)(b)3.
3. For a registration certificate issued, transferred or renewed under this subsection, the effective period shall be the same as it would be for the equivalent registration certificate under
sub. (2) (f) or
(g).
23.33(2g)(b)4.
4. The Lac du Flambeau band may issue, renew or otherwise process registration certificates under this subsection only to applicants who appear in person on the Lac du Flambeau reservation.
23.33(2g)(c)
(c)
Requirements for registration applications and decals. 23.33(2g)(c)1.1. The Lac du Flambeau band shall use registration applications and registration certificates that are substantially similar to those under
sub. (2) with regard to length, legibility and information content.
23.33(2g)(c)2.
2. The Lac du Flambeau band shall use registration decals that are substantially similar to those under
sub. (2) with regard to color, size, legibility, information content and placement on the all-terrain vehicle or utility terrain vehicle.
23.33(2g)(c)3.
3. The Lac du Flambeau band shall use a sequential numbering system that includes a series of letters or initials that identify the Lac du Flambeau band as the issuing authority.
23.33(2g)(d)
(d)
Registration information. The Lac du Flambeau band shall provide registration information to the state in one of the following ways:
23.33(2g)(d)1.
1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement described in
par. (f), for incorporation into the registration records of this state, within one working day after the addition, change or deletion.
23.33(2g)(d)2.
2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.
23.33(2g)(e)1.1. Before June 1 annually, the Lac du Flambeau band shall submit a report to the department notifying it of the number of each type of registration certificate that the Lac du Flambeau band issued, transferred or renewed for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.
23.33(2g)(e)2.
2. For law enforcement purposes, the Lac du Flambeau band shall make available for inspection by the department during normal business hours the Lac du Flambeau band's records of all registration certificates issued, renewed or otherwise processed under this subsection, including copies of all applications made for certificates.
23.33(2g)(e)3.
3. The Lac du Flambeau band shall ensure that the record of each registration certificate issued, renewed or otherwise processed under this subsection, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.
23.33(2g)(e)4.
4. The Lac du Flambeau band shall collect the sales and use taxes due under
s. 77.61 (1) on any all-terrain vehicle or utility terrain vehicle registered under this subsection and make the report in respect to those taxes. On or before the 15th day of each month, the Lac du Flambeau band shall pay to the department of revenue all taxes that the Lac du Flambeau band collected in the previous month.
23.33(2g)(f)
(f)
Applicability. This subsection does not apply unless the department and the Lac du Flambeau band have in effect a written agreement under which the Lac du Flambeau band agrees to comply with
pars. (a) to
(e) and that contains all of the following terms:
23.33(2g)(f)1.
1. The manner in which the Lac du Flambeau band will limit its treaty-based right to fish outside the Lac du Flambeau reservation.
23.33(2g)(f)2.
2. A requirement that the fees collected by the Lac du Flambeau band under
par. (b) be used only for a program for registering all-terrain vehicles or utility terrain vehicles, for regulating all-terrain vehicles or utility terrain vehicles and their operation and for providing all-terrain vehicle trails and all-terrain vehicle and utility terrain vehicle facilities.
23.33(2j)(a)(a) In this subsection, "public all-terrain vehicle corridor" means an all-terrain vehicle trail or other established all-terrain vehicle corridor that is open to the public but does not include an all-terrain vehicle route.
23.33(2j)(b)
(b) Except as provided in
par. (e) and
sub. (2k), no person may operate an all-terrain vehicle or a utility terrain vehicle on a public all-terrain vehicle corridor in this state unless a nonresident trail pass issued under this subsection is permanently affixed in a highly visible location on the forward half of the vehicle.
23.33(2j)(c)1.1. The fee for an annual nonresident trail pass issued under this section is $34.25. An annual nonresident trail pass maybe issued only by the department and persons appointed by the department and expires on March 31 of each year.
23.33(2j)(c)2.
2. The fee for a 5-day nonresident trail pass issued under this section is $19.25. A 5-day nonresident trail pass may be issued only by the department and persons appointed by the department.
23.33(2j)(d)
(d) There is no fee for a nonresident trail pass issued for an all-terrain vehicle or utility terrain vehicle that is registered under
sub. (2g) or
s. 23.35. The department or Indian tribe or band shall issue a nonresident trail pass for such an all-terrain vehicle or utility terrain vehicle when it issues the registration certificate for the vehicle. The department shall provide Indian tribes or bands that register all-terrain vehicles or utility terrain vehicles under
sub. (2g) or
s. 23.35 with a supply of trail passes.
23.33(2j)(e)
(e) An all-terrain vehicle or a utility terrain vehicle that is registered under
sub. (2) (a) or an all-terrain vehicle or utility terrain vehicle that is exempt from registration under
sub. (2) (b) 1.,
3.,
3m., or
4. is exempt from having a nonresident trail pass displayed as required under
par. (b). The department may promulgate a rule to exempt all-terrain vehicles and utility terrain vehicles that are exempt from registration under
sub. (2) (b) 5. from having nonresident trail passes displayed as required under
par. (b) or may promulgate a rule to exempt owners of such vehicles from having to pay any applicable nonresident trail pass fee.
23.33(2j)(f)1.1. The department may appoint any person who is not an employee of the department as the department's agent to issue nonresident trail passes and collect the fees for these passes.
23.33(2j)(f)2.
2. Any person, including the department, who issues a nonresident trail pass shall collect in addition to the fee under
par. (c) an issuing fee of 75 cents. An agent appointed under
subd. 1. may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the pass.
