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23.33 23.33 All-terrain vehicles and utility terrain vehicles.
23.33(1)(1) Definitions. As used in this section:
23.33(1)(a) (a) "Accompanied" means being subject to continuous verbal direction or control.
23.33(1)(ag) (ag) "Agricultural purpose" includes a purpose related to the transportation of farm implements, equipment, supplies, or products on a farm or between farms.
23.33(1)(am) (am) "Alcohol beverages" has the meaning specified under s. 125.02 (1).
23.33(1)(ar) (ar) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
23.33(1)(b) (b) "All-terrain vehicle" has the meaning specified under s. 340.01 (2g).
23.33(1)(bc) (bc) "All-terrain vehicle club" means a club consisting of individuals that promotes the recreational use of all-terrain vehicles.
23.33(1)(bd) (bd) "All-terrain vehicle dealer" means a person engaged in the sale of all-terrain vehicles for a profit at wholesale or retail.
23.33(1)(bh) (bh) "All-terrain vehicle distributor" means a person who sells or distributes all-terrain vehicles to all-terrain vehicle dealers or who maintains distributor representatives.
23.33(1)(bp) (bp) "All-terrain vehicle manufacturer" means a person engaged in the manufacture of all-terrain vehicles for sale to the public.
23.33(1)(bt) (bt) "All-terrain vehicle renter" means a person engaged in the rental or leasing of all-terrain vehicles to the public.
23.33(1)(c) (c) "All-terrain vehicle route" means a highway or sidewalk designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction as authorized under this section.
23.33(1)(d) (d) "All-terrain vehicle trail" means a marked corridor on public property or on private lands subject to public easement or lease, designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction, but excluding roadways of highways except those roadways that are seasonally not maintained for motor vehicle traffic.
23.33(1)(dm) (dm) "Approved public treatment facility" has the meaning specified under s. 51.45 (2) (c).
23.33(1)(e) (e) "Controlled substance" has the meaning specified under s. 961.01 (4).
23.33(1)(f) (f) "Controlled substance analog" has the meaning given in s. 961.01 (4m).
23.33(1)(fm) (fm) "Golf cart" means a vehicle whose speed attainable in one mile does not exceed 20 miles per hour on a paved, level surface, and that is designed and intended to convey one or more persons and equipment to play the game of golf in an area designated as a golf course.
23.33(1)(gb) (gb) "Hazardous inhalant" means a substance that is ingested, inhaled, or otherwise introduced into the human body in a manner that does not comply with any cautionary labeling that is required for the substance under s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.
23.33(1)(h) (h) "Immediate family" means persons who are related as spouses, as siblings or as parent and child.
23.33(1)(i) (i) "Intoxicant" means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog or other drug, or any combination thereof.
23.33(1)(ic) (ic) "Intoxicated operation of an all-terrain or utility terrain vehicle law" means sub. (4c) or a local ordinance in conformity therewith or, if the operation of an all-terrain or utility terrain vehicle is involved, s. 940.09 or 940.25.
23.33(1)(id) (id) "Lac du Flambeau band" means the Lac du Flambeau band of Lake Superior Chippewa.
23.33(1)(ie) (ie) "Lac du Flambeau reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.
23.33(1)(if) (if) "Land under the management and control of the person's immediate family" means land owned or leased by the person or a member of the person's immediate family over which the owner or lessee has management and control. This term excludes land owned or leased by an organization of which the person or a member of the person's immediate family is a member.
23.33(1)(ig) (ig) "Law enforcement officer" has the meaning specified under s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1).
23.33(1)(ik) (ik) "Low pressure tire" has the meaning given in s. 340.01 (27g).
23.33(1)(im) (im) "Low-speed vehicle" has the meaning given in s. 340.01 (27h).
23.33(1)(ip) (ip) "Mini-truck" means a motor truck, as defined in s. 340.01 (34), having a top speed of not more than 60 miles per hour, and that is all of the following:
23.33(1)(ip)1. 1. Powered by an internal combustion engine with a piston or rotor displacement of not less than 660 cubic centimeters.
23.33(1)(ip)2. 2. Not more than 60 inches wide.
23.33(1)(ip)3. 3. Not more than 1,600 pounds in dry, unloaded weight.
23.33(1)(ip)4. 4. Manufactured with a locking enclosed cab and a heated interior.
23.33(1)(iq) (iq) "Non-pneumatic tire" means a tire that is designed by the manufacturer to meet all of the following requirements:
23.33(1)(iq)1. 1. To have a minimum width of 6 inches.
23.33(1)(iq)2. 2. To have a reinforced structure.
23.33(1)(iq)3. 3. To not be supported by air pressure.
23.33(1)(ir) (ir) "Operate" means to exercise physical control over the speed or direction of an all-terrain vehicle or utility terrain vehicle or to physically manipulate or activate any of the controls of the vehicle necessary to put it in motion.
23.33(1)(it) (it) "Operation" means the exercise of physical control over the speed or direction of an all-terrain vehicle or utility terrain vehicle or the physical manipulation or activation of any of the controls of the vehicle necessary to put it in motion.
23.33(1)(iw) (iw) "Operator" means a person who operates an all-terrain vehicle or utility terrain vehicle, who is responsible for the operation of an all-terrain vehicle or utility terrain vehicle or who is supervising the operation of an all-terrain vehicle or utility terrain vehicle.
23.33(1)(j) (j) "Owner" means a person who has lawful possession of an all-terrain vehicle or utility terrain vehicle by virtue of legal title or equitable interest in the vehicle which entitles the person to possession of the vehicle.
23.33(1)(je) (je) "Purpose of authorized analysis" means for the purpose of determining or obtaining evidence of the presence, quantity or concentration of any intoxicant in a person's blood, breath or urine.
23.33(1)(jm) (jm) "Refusal law" means sub. (4p) (e) or a local ordinance in conformity therewith.
23.33(1)(jn) (jn) "Registration documentation" means an all-terrain vehicle or utility terrain vehicle registration certificate, a validated registration receipt, or a registration decal.
23.33(1)(jo) (jo) "Restricted controlled substance" means any of the following:
23.33(1)(jo)1. 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.
23.33(1)(jo)2. 2. A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in subd. 1.
23.33(1)(jo)3. 3. Cocaine or any of its metabolites.
23.33(1)(jo)4. 4. Methamphetamine.
23.33(1)(jo)5. 5. Delta-9-tetrahydrocannabinol.
23.33(1)(jp) (jp) "Small all-terrain vehicle" means an all-terrain vehicle that has 4 wheels and that has either an engine certified by the manufacturer at not more than 90 cubic centimeters or an equivalent power unit.
23.33(1)(jq) (jq) "Snow removal device" means an attachment designed and installed for the purpose of removing snow. An attachment under this paragraph may be a plow blade, blower, bucket, or brush.
23.33(1)(js) (js) "Test facility" means a test facility or agency prepared to administer tests under s. 343.305 (2).
23.33(1)(n) (n) "Used exclusively on private property" means use of an all-terrain vehicle or utility terrain vehicle by the owner of the vehicle or a member of his or her immediate family only on land owned or leased by the vehicle owner or a member of his or her immediate family.
23.33(1)(ng) (ng) "Utility terrain vehicle" means any of the following:
23.33(1)(ng)1. 1. A commercially designed and manufactured motor driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was originally manufactured with, all of the following:
23.33(1)(ng)1.a. a. A weight, without fluids, of 2,000 pounds or less.
23.33(1)(ng)1.b. b. Four or more low-pressure tires or non-pneumatic tires.
23.33(1)(ng)1.c. c. A cargo box installed by the manufacturer.
23.33(1)(ng)1.d. d. A steering wheel.
23.33(1)(ng)1.e. e. A tail light.
23.33(1)(ng)1.f. f. A brake light.
23.33(1)(ng)1.g. g. Two headlights.
23.33(1)(ng)1.h. h. A width of not more than 65 inches.
23.33(1)(ng)1.j. j. A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.
23.33(1)(ng)1.k. k. A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.
23.33(1)(ng)2. 2. A commercially designed and manufactured motor driven device to which all of the following applies:
23.33(1)(ng)2.a. a. It has a weight, without fluids, of more than 900 pounds but not more than 2000 pounds.
23.33(1)(ng)2.b. b. It has a width of 50 inches or less.
23.33(1)(ng)2.c. c. It is equipped with a seat designed to be straddled by the operator.
23.33(1)(ng)2.d. d. It travels on 3 or more low-pressure tires or non-pneumatic tires.
23.33(1)(ni) (ni) "Utility terrain vehicle dealer" means a person engaged in the sale of utility terrain vehicles for a profit at wholesale or retail.
23.33(1)(nk) (nk) "Utility terrain vehicle distributor" means a person who sells or distributes utility terrain vehicles to utility terrain vehicle dealers or who maintains distributor representatives.
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(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)(a)(a) In this subsection:
23.33(1m)(a)1. 1. "Municipality" means a city, village, or town.
23.33(1m)(a)2. 2. "Public all-terrain vehicle corridor" has the meaning given in sub. (2j) (a).
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) (2)Registration.
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.
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2011-12 Wisconsin Statutes updated though 2013 Wis. Act 200 and all Supreme Court Orders entered before April 18, 2014. Published and certified under s. 35.18. Changes effective after April 18, 2014 are designated by NOTES. (Published 4-18-14)