346.595   Motorcycles and mopeds.
346.60   Penalty for violating sections 346.57 to 346.595.
SUBCHAPTER X
RECKLESS AND DRUNKEN DRIVING
346.61   Applicability of sections relating to reckless and drunken driving.
346.62   Reckless driving.
346.63   Operating under influence of intoxicant or other drug.
346.635   Report arrest or out-of-service order to department.
346.637   Driver awareness program.
346.64   Employment of drunken operators.
346.65   Penalty for violating sections 346.62 to 346.64.
346.655   Driver improvement surcharge.
346.657   Safe ride program surcharge.
SUBCHAPTER XI
ACCIDENTS AND ACCIDENT REPORTS
346.66   Applicability of sections relating to accidents and accident reporting.
346.665   Definition.
346.67   Duty upon striking person or attended or occupied vehicle.
346.675   Vehicle owner's liability for failing to stop at the scene of an accident.
346.68   Duty upon striking unattended vehicle.
346.69   Duty upon striking property on or adjacent to highway.
346.70   Duty to report accident; assistance following accident.
346.71   Coroners or medical examiners to report; require blood specimen.
346.72   Garages to keep record of repairs of accident damage.
346.73   Accident reports not to be used in trial.
346.74   Penalty for violating sections 346.67 to 346.73.
SUBCHAPTER XII
BICYCLES, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, PERSONAL DELIVERY DEVICES, AND PLAY VEHICLES
346.77   Responsibility of parent or guardian for violation of bicycle and play vehicle regulations.
346.78   Play vehicles not to be used on roadway.
346.79   Special rules applicable to bicycles.
346.80   Riding bicycle, electric scooter, or electric personal assistive mobility device on roadway.
346.803   Riding bicycle, electric scooter, or electric personal assistive mobility device on bicycle way.
346.804   Riding bicycle on sidewalk.
346.805   Riding electric scooter or electric personal assistive mobility device on sidewalk.
346.806   Special rules applicable to electric bicycles.
346.807   Operating personal delivery device on sidewalk.
346.82   Penalty for violating sections 346.77 to 346.807.
SUBCHAPTER XIII
MISCELLANEOUS RULES
346.87   Limitations on backing.
346.88   Obstruction of operator's view or driving mechanism.
346.89   Inattentive driving.
346.90   Following emergency vehicle.
346.91   Crossing fire hose.
346.915   Following snowplows.
346.92   Illegal riding.
346.922   Transporting children in cargo areas of motor trucks.
346.923   Human service vehicles; minimum operator qualifications.
346.924   Transporting buildings on highways.
346.925   Operation of agricultural machinery by youthful operators.
346.93   Intoxicants in vehicle; underage persons.
346.935   Intoxicants in motor vehicles.
346.94   Miscellaneous prohibited or restricted acts.
346.945   Vehicle owner's liability for radios or other electric sound amplification devices.
346.95   Penalty for violating sections 346.87 to 346.94.
subch. I of ch. 346 SUBCHAPTER I
GENERAL PROVISIONS
346.01 346.01 Words and phrases defined.
346.01(1)(1)Words and phrases defined in s. 340.01 are used in the same sense in this chapter unless a different definition is specifically provided.
346.01(1m) (1m)In this chapter, in addition to the meaning given in s. 340.01 (22), “highway" includes a private road or driveway that is subject to an agreement for traffic regulation enforcement under s. 349.03 (5).
346.01(2) (2)In this chapter, notwithstanding s. 340.01 (42), “owner" means, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle for purposes of vehicle owner liability under ss. 346.175, 346.195, 346.205, 346.452, 346.457, 346.465, 346.485, 346.505 (3), 346.675, and 346.945.
346.01 History History: 1997 a. 27; 2003 a. 209; 2005 a. 411; 2009 a. 129.
346.02 346.02 Applicability of chapter.
346.02(1)(1)Applies primarily upon highways. This chapter applies exclusively upon highways except as otherwise expressly provided in this chapter.
346.02(2) (2) Applicability to persons riding or driving animals or propelling push carts. Every person riding an animal or driving any animal-drawn vehicle or propelling any push cart upon a roadway is granted all the rights and is subject to all the duties which this chapter grants or applies to the operator of a vehicle, except those provisions of this chapter which by their very nature would have no application.
346.02(4) (4) Applicability to persons riding bicycles, electric bicycles, and motor bicycles.
346.02(4)(a) (a) Subject to the special provisions applicable to bicycles, every person riding a bicycle upon a roadway or shoulder of a highway is granted all the rights and is subject to all the duties that this chapter grants or applies to the operator of a vehicle, except those provisions that by their express terms apply only to motor vehicles or that by their very nature would have no application to bicycles. For purposes of this chapter, provisions that apply to bicycles also apply to electric bicycles and motor bicycles, except as otherwise expressly provided.
346.02(4)(b) (b) Provisions which apply to the operation of bicycles in crosswalks under ss. 346.23, 346.24, 346.37 (1) (a) 2., (c) 2. and (d) 2. and 346.38 do not apply to motor bicycles.
346.02(5) (5) Applicability to public officers and employees. The provisions of this chapter applicable to operators of vehicles apply also to operators of vehicles owned by or operated by or for any governmental agency, including the United States government, subject to the specific exceptions set forth in this section and ss. 346.03 and 346.215 (2).
346.02(6) (6) Applicability to persons working on highways. This chapter applies to persons, teams, motor vehicles and road machinery while traveling to or from highway construction or maintenance work but the provisions of ss. 346.05 (3), 346.06 to 346.17, 346.28, 346.29 (2), 346.31 to 346.36, 346.52 to 346.56 and 346.59 do not apply to persons, teams, motor vehicles or road machinery when actually engaged in maintenance or construction work upon a highway.
346.02(7) (7) Applicability of provisions requiring signposting. No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section is effective even though no signs are erected or in place.
346.02(8) (8) Applicability to pedestrian ways.
346.02(8)(a) (a) All of the applicable provisions of this chapter pertaining to highways, streets, alleys, roadways and sidewalks also apply to pedestrian ways. A pedestrian way means a walk designated for the use of pedestrian travel.
346.02(8)(b) (b) Public utilities may be installed either above or below a pedestrian way, and assessments may be made therefor as if such pedestrian way were a highway, street, alley, roadway or sidewalk.
346.02(9) (9) Applicability to urban mass transit systems. Every person operating an urban mass transportation vehicle or using related facilities is granted all the rights and is subject to all the duties which this chapter grants or applies to such persons, except those provisions of this chapter which by their very nature would have no application.
346.02(10) (10) Applicability to snowmobiles. The operator of a snowmobile upon a roadway shall in addition to the provisions of ch. 350 be subject to ss. 346.04, 346.06, 346.11, 346.14 (1m), 346.18, 346.19, 346.20, 346.21, 346.215 (3), 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1) and 346.94 (1) and (9).
346.02(11) (11) Applicability to all-terrain vehicles and utility terrain vehicles. The operator of an all-terrain vehicle or a utility terrain vehicle on a roadway is subject to ss. 346.04, 346.06, 346.075 (1), 346.11, 346.14 (1m), 346.18, 346.19, 346.20, 346.21, 346.215 (3), 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.67, 346.71, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1) and 346.94 (1) and (9) but is not subject to any other provision of this chapter.
346.02(12) (12) Applicability to electric scooters and electric personal assistive mobility devices. An electric scooter and an electric personal assistive mobility device shall be considered a vehicle for purposes of ss. 346.04 to 346.10, 346.12, 346.13, 346.15, 346.16, 346.18, 346.19, 346.20, 346.215 (3), 346.23 to 346.28, 346.31 to 346.35, 346.37 to 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 to 346.55, 346.57, 346.59, 346.62, 346.65 (5m), 346.67 to 346.70, 346.78, 346.80, 346.87, 346.88, 346.90, 346.91, and 346.94 (4), (5), (9), and (10), except those provisions which by their express terms apply only to motor vehicles or which by their very nature would have no application to electric scooters or electric personal assistive mobility devices.
346.02 Annotation While sub. (4) (a) provides that provisions in this chapter that apply to bicycles also apply to motor bicycles, nothing in sub. (4) (a) provides that provisions that do not apply to bicycles also do not apply to motor bicycles. State v. Koeppen, 2014 WI App 94, 356 Wis. 2d 812, 854 N.W.2d 849, 13-2539.
346.02 Annotation The general definition of pedestrian way in sub. (8) (a) is broader than the definition of a sidewalk because a pedestrian way can—but need not—be adjacent to a roadway. In other words, the term pedestrian way includes both: 1) sidewalks, i.e., walks adjacent to a roadway for the use of pedestrian travel, as defined in s. 340.01 (58); and 2) all other walks designated for pedestrian travel that are not adjacent to a roadway, such as a walking path through a parcel of property. Sojenhomer LLC v. Village of Egg Harbor, 2023 WI App 20, 407 Wis. 2d 587, 990 N.W.2d 267, 21-1589.
346.02 Annotation Discussing state, county, and tribal jurisdiction to regulate traffic on streets in housing projects that have been built and are maintained by the Winnebago Tribe on tribal lands. 78 Atty. Gen. 122.
346.03 346.03 Applicability of rules of the road to authorized emergency vehicles.
346.03(1)(1)The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, when responding to but not upon returning from a fire alarm, when transporting an organ for human transplantation, or when transporting medical personnel for the purpose of performing human organ harvesting or transplantation immediately after the transportation, may exercise the privileges set forth in this section, but subject to the conditions stated in subs. (2) to (5m).
346.03(2) (2)The operator of an authorized emergency vehicle may:
346.03(2)(a) (a) Stop, stand or park, irrespective of the provisions of this chapter;
346.03(2)(b) (b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 93 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on March 22, 2024. Published and certified under s. 35.18. Changes effective after March 22, 2024, are designated by NOTES. (Published 3-22-24)