LRB-0890/5
TNF&PEN:cmh&jlg:kjf
1999 - 2000 LEGISLATURE
December 1, 1999 - Introduced by Senator Breske, cosponsored by Representative
Brandemuehl. Referred to Committee on Insurance, Tourism, Transportation
and Corrections.
SB300,1,8
1An Act to amend 70.112 (5), 194.01 (7), 218.01 (1) (n) 2., 218.01 (2) (bb) 1., 218.01
2(2d) (c), 218.015 (2) (b) 2. b., 285.30 (5) (c), 340.01 (4) (a), 341.067, 341.25 (title),
3341.25 (1) (b), 341.297 (1), 341.31 (1) (b) 5., 341.31 (4) (c), 342.15 (4) (a), 342.34
4(1) (c), 343.08 (1) (a) and (2) (a), 346.16 (2) (a), 349.105 and 779.41 (2); and
to
5create 218.01 (1) (km), 285.30 (5) (j), 340.01 (19d), 340.01 (27m), 343.135 (2) (a)
61m., 346.94 (18), 346.95 (8), 347.02 (8), 349.06 (4) and 349.237 of the statutes;
7relating to: low-speed vehicles, granting rule-making authority and
8providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates a new classification of motor vehicle called a "low-speed
vehicle". A low-speed vehicle is a four-wheeled motor vehicle that attains top speeds
of not less than 20 miles per hour nor more than 25 miles per hour. The bill generally
makes low-speed vehicles subject to the same regulations applicable to other motor
vehicles, including the following:
1. Requires low-speed vehicles to be originally manufactured to meet federal
equipment standards.
2. Subjects dealers, distributors, manufacturers and transporters of low-speed
vehicles to the same regulations that apply to dealers, distributors, manufacturers
and transporters of motorcycles. Such regulations include requiring business and
occupational licensing, imputing liability for certain misconduct of employes and
providing specific consumer protections, such as warranties, remedies and
disclosure requirements.
3. Exempts low-speed vehicles from this state's property tax.
4. Requires low-speed vehicles to be registered with the department of
transportation (DOT) for a fee of $23 biennially, the same period and fee that apply
to motorcycles, and requires the display of a registration plate and valid proof of
registration. Ownership of and interests in low-speed vehicles is evidenced only by
a certificate of title, like other motor vehicles.
5. Classifies low-speed vehicles as "Class D" vehicles which, like automobiles
and other "Class D" vehicles, may not be operated unless the operator possesses a
valid operator's license or instruction permit to operate "Class D" vehicles.
6. Requires the operators of low-speed vehicles to observe the rules of the road,
including this state's implied consent law, and subjects violators of those rules to the
same penalties as those that apply to violations committed while operating other
motor vehicles, including the assessment of demerit points and the imposition of
fines, forfeitures and terms of imprisonment.
7. Makes low-speed vehicles subject to mechanics' liens.
However, because low-speed vehicles are smaller, lighter and slower moving
than most other motor vehicles, the bill treats low-speed vehicles differently from
most other motor vehicles in the following respects:
1. Low-speed vehicles, other than those publicly owned and operated, are
generally restricted to highways having a speed limit 25 or less miles per hour.
However, a local authority may authorize their operation on highways having speed
limits of 35 miles or less per hour. Local highway authorities may further regulate
or restrict their operation.
2. Low-speed vehicles are prohibited from operating on state trunk highways
and connecting highways, even where the applicable speed limit is 25 or less miles
per hour. However, the bill allows low-speed vehicles to cross state trunk highways
or connecting highways at officially designated crossings and at intersections where
traffic is controlled by an official traffic control sign, signal, marking or other device.
The bill makes low-speed vehicles eligible for registration by DOT as a specially
designed vehicle if the vehicle meets special equipment standards. Under current
law, a person who does not possess or is ineligible for a regular operator's license may
be issued a special restricted operator's license, which authorizes the operation of
only motor bicycles, mopeds or specially designed vehicles and may further restrict
such operation as DOT determines is necessary, for example, to preserve the safety
of the operator and the public.
Finally, the bill categorically exempts low-speed vehicles from motor vehicle
emission limitations and testing.
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:
SB300, s. 1
1Section
1. 70.112 (5) of the statutes is amended to read:
SB300,3,52
70.112
(5) Motor vehicles, bicycles, snowmobiles. Every automobile,
3low-speed vehicle, motor bicycle, motor bus, motorcycle, motor truck, moped, road
4tractor, school bus, snowmobile, station wagon, truck tractor, or other similar motor
5vehicle, or trailer or semitrailer used in connection therewith.
SB300, s. 2
6Section
2. 194.01 (7) of the statutes is amended to read:
SB300,3,97
194.01
(7) "Motor vehicle" means any automobile, truck, trailer, semitrailer,
8tractor, motor bus or any self-propelled or motor driven vehicle, except a
low-speed
9vehicle, motorcycle, moped, motor bicycle or a vehicle operated on rails.
SB300, s. 3
10Section
3. 218.01 (1) (km) of the statutes is created to read:
SB300,3,1111
218.01
(1) (km) "Low-speed vehicle" has the meaning given in s. 340.01 (27m).
SB300, s. 4
12Section
4. 218.01 (1) (n) 2. of the statutes is amended to read:
SB300,3,1513
218.01
(1) (n) 2. Is engaged wholly or in part in the business of selling or leasing
14motor vehicles, including motorcycles
and low-speed vehicles, whether or not such
15motor vehicles are owned by such person, firm or corporation.
SB300, s. 5
16Section
5. 218.01 (2) (bb) 1. of the statutes is amended to read:
SB300,4,317
218.01
(2) (bb) 1. A motor vehicle dealer or an applicant for a motor vehicle
18dealer license shall provide and maintain in force a bond or irrevocable letter of credit
19of not less than $25,000 or, if the dealer or applicant sells or proposes to sell
20motorcycles
or low-speed vehicles, or both, and not other types of motor vehicles, a
21bond or irrevocable letter of credit of not less than $5,000. The bond or letter of credit
1shall be executed in the name of the department of transportation for the benefit of
2any person who sustains a loss because of an act of a motor vehicle dealer that
3constitutes grounds for the suspension or revocation of a license under this section.
SB300, s. 6
4Section
6. 218.01 (2d) (c) of the statutes is amended to read:
SB300,4,75
218.01
(2d) (c) This subsection does not apply to motorcycles
or low-speed
6vehicles that are delivered in a crated, disassembled condition to the dealer or the
7dealer's agent.
SB300, s. 7
8Section
7. 218.015 (2) (b) 2. b. of the statutes is amended to read:
SB300,4,189
218.015
(2) (b) 2. b. Accept return of the motor vehicle and refund to the
10consumer and to any holder of a perfected security interest in the consumer's motor
11vehicle, as their interest may appear, the full purchase price plus any sales tax,
12finance charge, amount paid by the consumer at the point of sale and collateral costs,
13less a reasonable allowance for use. Under this subdivision, a reasonable allowance
14for use may not exceed the amount obtained by multiplying the full purchase price
15of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a
16motorcycle
or low-speed vehicle, 20,000, and the numerator of which is the number
17of miles the motor vehicle was driven before the consumer first reported the
18nonconformity to the motor vehicle dealer.
SB300, s. 8
19Section
8. 285.30 (5) (c) of the statutes is amended to read:
SB300,4,2220
285.30
(5) (c) A motor vehicle exempt from registration under s. 341.05, except
21that a motor vehicle owned by the United States is not exempt unless it comes under
22par. (a), (b), (d), (e), (f), (g)
or, (h)
or (j).
SB300, s. 9
23Section
9. 285.30 (5) (j) of the statutes is created to read:
SB300,4,2424
285.30
(5) (j) A low-speed vehicle, as defined in s. 340.01 (27m).
SB300, s. 10
25Section
10. 340.01 (4) (a) of the statutes is amended to read:
SB300,5,3
1340.01
(4) (a) Type 1 is a motor vehicle designed and used primarily for carrying
2persons but which does not come within the definition of a
low-speed vehicle, motor
3bus, motorcycle, moped or motor bicycle.
SB300, s. 11
4Section
11. 340.01 (19d) of the statutes is created to read:
SB300,5,85
340.01
(19d) "Golf cart" means a vehicle, whose speed attainable in one mile
6does not exceed 20 miles per hour on a paved, level surface, used to convey one or
7more persons and equipment to play the game of golf in an area designated as a golf
8course.
SB300, s. 12
9Section
12. 340.01 (27m) of the statutes is created to read:
SB300,5,1410
340.01
(27m) "Low-speed vehicle" means a 4-wheeled motor vehicle originally
11manufactured to meet the equipment standards under
49 CFR 571.500 and whose
12maximum speed attainable in 1 mile is more than 20 miles per hour but not more
13than 25 miles per hour on a paved, level surface. "Low-speed vehicle" does not
14include a golf cart or motor truck.
SB300, s. 13
15Section
13. 341.067 of the statutes is amended to read:
SB300,5,19
16341.067 Registration of special vehicles. The department shall register a
17specially designed vehicle which is authorized for operation by a person holding a
18special restricted operator's license under s. 343.135 if the special vehicle meets the
19equipment standards established under s. 347.02 (6)
or (8).
SB300, s. 14
20Section
14. 341.25 (title) of the statutes is amended to read:
SB300,5,22
21341.25 (title)
Annual and biennial registration fees; biennial
22motorcycle fees.
SB300, s. 15
23Section
15
. 341.25 (1) (b) of the statutes is amended to read:
SB300,6,324
341.25
(1) (b) For each motorcycle or moped with a curb weight of 1,499 pounds
25or less, except a specially designed vehicle under s. 341.067, which is designed for the
1transportation of persons rather than property,
and for each low-speed vehicle, a
2biennial fee of $23. Registration plates issued under this paragraph expire on April
330 of even-numbered years.
SB300, s. 16
4Section
16. 341.297 (1) of the statutes is amended to read:
SB300,6,85
341.297
(1) A motorcycle
or, moped
or low-speed vehicle, as specified in s.
6341.25 (1) (b). The registration period for a motorcycle
or, moped
or low-speed
7vehicle begins on May 1 of an even-numbered year and ends on April 30 of the next
8even-numbered year.
SB300, s. 17
9Section
17
. 341.31 (1) (b) 5. of the statutes is amended to read:
SB300,6,1210
341.31
(1) (b) 5. The vehicle is a motorcycle
which or low-speed vehicle that has
11been transferred or leased to the applicant and for which
a current registration
12plates plate had been issued to the previous owner; or
SB300, s. 18
13Section
18. 341.31 (4) (c) of the statutes is amended to read:
SB300,6,1614
341.31
(4) (c) A person retaining a
set of plates plate removed from a motorcycle
15or low-speed vehicle may receive credit for the unused portion of the registration fee
16paid when registering a
replacement motorcycle vehicle of the same type.
SB300, s. 19
17Section
19
. 342.15 (4) (a) of the statutes is amended to read:
SB300,6,2518
342.15
(4) (a) If the vehicle being transferred is a motorcycle
or a low-speed
19vehicle or an automobile or station wagon registered under s. 341.27 or a motor home
20or a motor truck, dual purpose motor home or dual purpose farm truck which has a
21gross weight of not more than 8,000 pounds or a farm truck which has a gross weight
22of not more than 12,000 pounds, the owner shall remove the registration
plate or 23plates and retain and preserve
them the plate or plates for use on any other vehicle
24of the same type and gross weight which may subsequently be registered in his or
25her name.
SB300, s. 20
1Section
20
. 342.34 (1) (c) of the statutes is amended to read:
SB300,7,132
342.34
(1) (c) If the vehicle is a motorcycle
or low-speed vehicle or an
3automobile or station wagon registered under s. 341.27 or a motor home or a motor
4truck, dual purpose motor home or dual purpose farm truck which has a gross weight
5of not more than 8,000 pounds or a farm truck which has a gross weight of not more
6than 12,000 pounds, the owner shall remove the registration
plate or plates and
7retain and preserve
them the plate or plates for use on any other vehicle of the same
8type which may subsequently be registered in his or her name. If the vehicle is not
9a motorcycle
or low-speed vehicle or an automobile or station wagon registered
10under s. 341.27, or a motor home or a motor truck, dual purpose motor home or dual
11purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm
12truck which has a gross weight of not more than 12,000 pounds, he or she shall
13remove and destroy the
plate or plates.
SB300, s. 21
14Section
21. 343.08 (1) (a) and (2) (a) of the statutes are amended to read:
SB300,7,2015
343.08
(1) (a) The department must be satisfied that it is necessary for the
16applicant to operate an automobile, farm truck, dual purpose farm truck,
low-speed
17vehicle, Type 1 motorcycle powered with an engine of not more than 125 cubic
18centimeters displacement, Type 2 motorcycle, moped or motor bicycle owned and
19registered by the applicant's parent or guardian or a farm truck leased to the
20applicant's parent or guardian.
SB300,8,4
21(2) (a) A restricted license issued pursuant to this section is valid only until the
22licensee secures an operator's license issued pursuant to s. 343.03 or reaches 18 years
23of age and, except as provided in par. (b), entitles the licensee to operate an
24automobile, farm truck, dual purpose farm truck,
low-speed vehicle, Type 1
25motorcycle powered with an engine of not more than 125 cubic centimeters
1displacement, Type 2 motorcycle, moped or motor bicycle owned and registered by
2the licensee's parent or guardian or a farm truck leased to the licensee's parent or
3guardian or any combination of these vehicles, depending on the restrictions placed
4by the department on the particular license.
SB300, s. 22
5Section
22. 343.135 (2) (a) 1m. of the statutes is created to read:
SB300,8,66
343.135
(2) (a) 1m. Low-speed vehicles; or
SB300, s. 23
7Section
23. 346.16 (2) (a) of the statutes is amended to read:
SB300,8,128
346.16
(2) (a) Except as provided in par. (b), no pedestrian or person riding a
9bicycle or other nonmotorized vehicle and no person operating a
low-speed vehicle, 10moped or motor bicycle may go upon any expressway or freeway when official signs
11have been erected prohibiting such person from using the expressway or freeway
12have been erected as provided in s. 349.105.
SB300, s. 24
13Section
24. 346.94 (18) of the statutes is created to read:
SB300,8,1614
346.94
(18) Low-speed vehicles on roadway. (a) Subject to s. 349.237, a person
15may operate a low-speed vehicle upon any roadway that is under the jurisdiction of
16a local authority and that has a speed limit of 25 or less miles per hour.
SB300,8,2317
(b) Except where authorized under s. 349.237 (2), no person may operate a
18low-speed vehicle upon any highway that has a speed limit of more than 25 miles per
19hour. Except at crossings authorized under s. 349.237 (3), and at intersections where
20traffic is controlled by an official traffic control device, no person may operate a
21low-speed vehicle upon a state trunk highway or connecting highway. This
22paragraph does not apply to vehicles registered under s. 341.26 (2m) or vehicles
23exempted from this paragraph by the department by rule.
SB300, s. 25
24Section
25. 346.95 (8) of the statutes is created to read: