Chapter 340

340.01(24)(a)1.c. c. A farm wagon, grain cart, farm trailer, manure trailer, or trailer adapted to be towed by, or to tow or pull, another implement of husbandry.

340.01(24)(a)2. 2. A combination of vehicles in which each vehicle in the vehicle combination is an implement of husbandry as described in subd. 1. or in which an implement of husbandry described in subd. 1. is towed by a farm truck, farm truck tractor, motor truck, or agricultural commercial motor vehicle.

340.01(24)(b) (b) “Implement of husbandry” does not include any of the following:

340.01(24)(b)1. 1. An agricultural commercial motor vehicle.

340.01(24)(b)2. 2. A vehicle that, notwithstanding sub. (8), is a commercial motor vehicle under 49 CFR 390.5.

340.01(24m) (24m) “In-line skates” means skates with wheels arranged singly in a tandem line rather than in pairs.

340.01(25) (25) “Intersection” means the area embraced within the prolongation or connection of the curb lines or, if none, then within the boundary lines of the roadways of 2 or more highways which join one another at, or approximately at right angles, whether or not one such highway crosses the other, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

340.01(25d) (25d) “Intoxicant” includes a hazardous inhalant.

340.01(25g) (25g) “Junked” means dismantled for parts or scrapped.

340.01(25j) (25j) “Junk vehicle” means any of the following:

340.01(25j)(a) (a) A vehicle which is incapable of operation or use upon a highway and which has no resale value except as a source of parts or scrap.

340.01(25j)(b) (b) A vehicle for which an insurance company has taken possession of or title to if the estimated cost of repairing the vehicle exceeds its fair market value.

340.01(25m) (25m) “Kingpin” means a pin or peg designed to be locked into the 5th wheel of a truck tractor to attach a semitrailer to the truck tractor.

340.01(26) (26) “Local authorities” means every county board, city council, town or village board or other local agency having authority under the constitution and laws of this state to adopt traffic regulations.

340.01(27) (27) “Local ordinance which is in conformity therewith” means a local traffic regulation enacted pursuant to s. 349.06.

340.01(27g) (27g) “Low-pressure tire” means a tire that has a minimum width of 6 inches and that is designed to be inflated with an operating pressure not to exceed 20 pounds per square inch as recommended by the manufacturer.

340.01(27h) (27h) “Low-speed vehicle” means a motor vehicle that conforms to the definition and requirements for low-speed vehicles as adopted in the federal motor vehicle safety standards for low-speed vehicles under 49 CFR 571.3 (b) and 49 CFR 571.500. “Low-speed vehicle” does not include a golf cart.

340.01(27m) (27m) “Manufactured home” has the meaning given in s. 101.91 (2).

340.01(28) (28) “Manufacturer” means a person who manufactures or assembles motor vehicles, recreational vehicles, trailers or semitrailers, or who manufactures or installs on previously assembled truck chassis special bodies or equipment which when installed form an integral part of the motor vehicle and which constitutes a major manufacturing alteration.

340.01(28e) (28e) “Manufacturers buyback vehicle” means a motor vehicle repurchased by its manufacturer, or by an authorized distributor or dealer with compensation from the manufacturer, because of a nonconformity that was not corrected after a reasonable attempt to repair the nonconformity under s. 218.0171 or under a similar law of another state.

340.01(28m) (28m) “Mass transit vehicle” means any vehicle used for providing transportation service, either publicly or privately owned, which provides a general transportation service to any member of the public on a regular, continuing and completely equal basis.

340.01(28q) (28q) “Mass transit way” means that portion of the highway designated for the primary use of mass transit vehicles or car pool vehicles or both and the incidental use of other permitted vehicles.

340.01(29) (29) “Mobile home” has the meaning given in s. 101.91 (10).

340.01(29k) (29k) “Modular home” has the meaning given in s. 101.71 (6).

340.01(29m) (29m) 

340.01(29m)(am) (am) “Moped” means any of the following motor vehicles capable of speeds of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, excluding a tractor, a power source as an integral part of the vehicle and a seat for the operator:

340.01(29m)(am)1. 1. A bicycle-type vehicle with fully operative pedals for propulsion by human power and an engine certified by the manufacturer at not more than 130 cubic centimeters or an equivalent power unit.

340.01(29m)(am)2. 2. A motorcycle with an automatic transmission and an engine certified by the manufacturer at not more than 50 cubic centimeters or an equivalent power unit.

340.01(29m)(bm) (bm) “Moped” does not include a motor bicycle or electric bicycle.

340.01(30) (30) “Motor bicycle” means a bicycle to which a power unit that is not an integral part of the vehicle has been added to permit the vehicle to travel at a speed of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind and having a seat for the operator. “Motor bicycle” does not include an electric bicycle.

340.01(31) (31) “Motor bus” means a motor vehicle designed primarily for the transportation of persons rather than property and having a passenger-carrying capacity of 16 or more persons, including the operator. Passenger-carrying capacity shall be determined by dividing by 20 the total seating space measured in inches.

340.01(32) (32) “Motorcycle” means a motor vehicle originally manufactured with motive power, a seat or saddle requiring the rider to sit astride, not more than 3 wheels in contact with the ground, steering controlled by handlebars, and acceleration and braking controlled with handlebar and foot controls and that is capable of speeds in excess of 30 miles per hour.

340.01(33m) (33m) “Motor home” means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.

340.01(34) (34) “Motor truck” means every motor vehicle designed, used or maintained primarily for the transportation of property.

340.01(35) (35) “Motor vehicle” means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. “Motor vehicle” includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile, an all-terrain vehicle, a utility terrain vehicle, an electric scooter, and an electric personal assistive mobility device shall be considered motor vehicles only for purposes made specifically applicable by statute. “Motor vehicle” does not include an electric bicycle.

340.01(35e) (35e) “Motor vehicle dealer” has the meaning given in s. 218.0101 (23) (a).

340.01(35j) (35j) “Motor vehicle salvage pool” has the meaning given in s. 218.50 (5).

340.01(36) (36) “Multiple beam headlamp” means a headlamp designed to permit the operator of the vehicle to use any one of 2 or more distributions of light on the roadway.

340.01(36m) (36m) “Municipality” means a city, village or town.

340.01(37) (37) “Nonresident” means a person who is not a resident of this state.

340.01(37m) (37m) “Odometer” means an instrument for measuring and recording the actual distance that a motor vehicle has traveled while in operation, but does not include any auxiliary instrument designed to be reset to zero to measure and record the actual distance that a motor vehicle has traveled on trips.

340.01(38) (38) “Official traffic control device” means all signs, signals, pavement markings, and devices, not inconsistent with chs. 341 to 349, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic; and includes the terms “official traffic sign” and “official traffic signal”.

340.01(38m) (38m) 

340.01(38m)(a) (a) “Off-road utility vehicle” means any of the following:

340.01(38m)(a)1. 1. A motor vehicle that is designed and constructed to carry no more than 2 persons and to be used for collecting residential and commercial solid waste, such as yard waste, recyclable materials, and household garbage, refuse, and rubbish, landscaping, or incidental street maintenances; that is not certified by the manufacturer for on-road use or that is certified by the manufacturer as meeting the equipment standards for a low-speed vehicle under 49 CFR 571.500; and that satisfies the equipment standards for a Type 2 automobile or autocycle under ch. 347 or the equipment standards for a low-speed vehicle under 49 CFR 571.500.

340.01(38m)(a)2. 2. A Kei class vehicle.

340.01(38m)(b) (b) “Off-road utility vehicle” does not include any motorized construction equipment or any motor vehicle that falls within another definition under this section.

340.01(38r) (38r) “On duty time” means, with respect to an operator of a commercial motor vehicle, the period from the time that the operator of the commercial motor vehicle begins to work or is required to be in readiness to work until the time that the operator of the commercial motor vehicle is relieved from work and all responsibility for performing work.

340.01(40) (40) “Operating privilege” means, in the case of a person who is licensed under ch. 343, the license, including every endorsement and authorization to operate vehicles of specific vehicle classes or types, instruction permit, and temporary, restricted or occupational license granted to such person; in the case of a resident of this state who is not so licensed, it means the privilege to secure a license under ch. 343; in the case of a nonresident, it means the operating privilege granted by s. 343.05 (2) (a) 2. or (4) (b) 1.

340.01(41) (41) “Operator” means a person who drives or is in actual physical control of a vehicle.

340.01(41g) (41g) “Operator’s license” means the authorization granted to a person by this state, another jurisdiction or certain countries to operate a motor vehicle, including a driver’s license, temporary or restricted license or an instruction permit.

340.01(41k) (41k) “Organ procurement organization” means an organization that has status as a designated organ procurement organization under the requirements of 42 CFR 485.303.

340.01(41m) (41m) “Other jurisdiction” or “another jurisdiction” means any state other than Wisconsin and includes the District of Columbia, the commonwealth of Puerto Rico and any territory or possession of the United States, any federal military installation located within the territorial boundaries of Wisconsin and any province of the Dominion of Canada.

340.01(41r) (41r) “Out-of-service order” means a temporary prohibition against operating a commercial motor vehicle.

340.01(42) (42) “Owner” means a person who holds the legal title of a vehicle, except that if legal title is held by a secured party with the immediate right of possession of the vehicle vested in the debtor, the debtor is the owner for the purposes of chs. 340 to 349.

340.01(42m) (42m) “Park or parking” means the halting of a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

340.01(42t) (42t) “Pavement marking” means any material or device on the surface of a highway intended to regulate, warn, or guide highway users.

340.01(43) (43) “Pedestrian” means any person afoot or any person in a wheelchair, either manually or mechanically propelled, or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person, but does not include any person using an electric scooter or an electric personal assistive mobility device.

340.01(43c) (43c) “Pedestrian signal authorizing crossing” means a traffic control signal for pedestrians that displays the word “Walk,” the symbol of a walking person, or any other symbol approved for this purpose under the manual on uniform traffic control devices adopted by the department under s. 84.02 (4) (e).

340.01(43d) (43d) “Pedestrian signal limiting crossing” means a traffic control signal for pedestrians that displays the words “Don’t Walk,” the symbol of an upraised hand, or any other symbol approved for this purpose under the manual on uniform traffic control devices adopted by the department under s. 84.02 (4) (e).

340.01(43e) (43e) “Period of limited visibility” means any time that weather conditions limit visibility such that objects on a highway are not clearly discernible at 500 feet from the front of a vehicle.

340.01(43fg) (43fg) “Personal delivery device” means an electronically powered device that satisfies all of the following:

340.01(43fg)(a) (a) The device is intended primarily to transport property on sidewalks and crosswalks.

340.01(43fg)(b) (b) The device has an empty weight of less than 80 pounds, excluding cargo.

340.01(43fg)(c) (c) The device is capable of a maximum speed of 10 miles per hour or less.

340.01(43fg)(d) (d) The device is capable of operating with and without the active control or monitoring by an individual.

340.01(43fs) (43fs) “Personal delivery device operator” means an entity or its agent that exercises control over, or that monitors, the navigation system and operation of a personal delivery device. “Personal delivery device operator” does not include an entity or person that requests the services of a personal delivery device to transport property or that only arranges for and dispatches the requested services of a personal delivery device.

340.01(43g) (43g) “Person with a disability that limits or impairs the ability to walk” means any person with a disability as defined by the federal Americans with disabilities act of 1990, 42 USC 12101 et seq., so far as applicable, or any person who meets any of the following conditions:

340.01(43g)(a) (a) Cannot walk 200 feet or more without stopping to rest.

340.01(43g)(b) (b) Cannot walk without the use of, or assistance from, another person or a brace, cane, crutch, prosthetic device, wheelchair or other assistive device.

340.01(43g)(c) (c) Is restricted by lung disease to the extent that forced expiratory volume for one second when measured by spirometry is less than one liter or the arterial oxygen tension is less than 60 millimeters of mercury on room air at rest.

340.01(43g)(d) (d) Uses portable oxygen.

340.01(43g)(e) (e) Has a cardiac condition to the extent that functional limitations are classified in severity as class III or IV, according to standards accepted by the American Heart Association on May 3, 1988.

340.01(43g)(f) (f) Is severely limited in the ability to walk due to an arthritic, neurological or orthopedic condition.

340.01(43m) (43m) “Play vehicle”:

340.01(43m)(a) (a) Means a coaster, skate board, roller skates, sled, toboggan, unicycle or toy vehicle upon which a person may ride.

340.01(43m)(b) (b) Does not include in-line skates or electric scooters.

340.01(44) (44) “Pot torch” means a wick-type liquid-burning device designed to produce a steady burning flame as a warning signal.

340.01(46) (46) “Private road or driveway” is every way or place in private ownership and used for vehicular travel only by the owner and those having express or implied permission from the owner and every road or driveway upon the grounds of public institutions other than public schools, as defined in s. 115.01 (1), and institutions under the jurisdiction of the county board of supervisors.

340.01(46m) (46m) “Prohibited alcohol concentration” means one of the following:

340.01(46m)(a) (a) If the person has 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.

340.01(46m)(c) (c) If the person is subject to an order under s. 343.301 or if the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

340.01(47) (47) “Railroad crossing” means the intersection of any highway or private road or driveway at grade with tracks upon which railroad track equipment or railroad trains operate.

340.01(47e) (47e) “Railroad maintenance or construction area” means any of the following:

340.01(47e)(a) (a) The entire section of roadway between the first advance warning sign of railroad maintenance or construction work and a sign indicating the end of the area.

340.01(47e)(b) (b) The entire section of roadway within 500 feet of a railroad employee using flags to signal the presence of a railroad train or other railroad vehicle or railroad employees.

340.01(47e)(c) (c) In the case of a moving vehicle engaged in railroad maintenance or construction work, that section of roadway where the normal flow of traffic is first altered by the vehicle until that section of roadway where traffic may return to its normal flow without impeding such work.

340.01(47m) (47m) “Railroad track equipment” means a device that is operated on rails and used primarily for the maintenance of railroads.

340.01(48) (48) “Railroad train” means every device with or without engine or motor and whether or not coupled to other similar devices, operated upon rails for the transporting of persons or property.