2001 - 2002 LEGISLATURE
March 6, 2001 - Offered by Senator Burke.
SB10-SSA1,1,4 1An Act to amend 346.05 (3) and 346.17 (2); and to create 343.30 (1o) and
2346.072 of the statutes; relating to: motorists approaching certain authorized
3emergency vehicles, tow trucks, or highway maintenance equipment stopped
4near a highway and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB10-SSA1, s. 1 5Section 1. 343.30 (1o) of the statutes is created to read:
SB10-SSA1,1,76 343.30 (1o) Upon conviction of a person for violating s. 346.072, the court shall
7suspend the violator's operating privilege as follows:
SB10-SSA1,1,108 (a) For a period of not less than 90 days nor more than one year, if the offense
9resulted in damage to the property of another but did not result in bodily harm to
SB10-SSA1,1,1211 (b) For a period of not less than 180 days nor more than 2 years, if the offense
12resulted in bodily harm to another but did not result in the death of another.
1(c) For a period of 2 years, if the offense resulted in the death of another.
SB10-SSA1, s. 2 2Section 2. 346.05 (3) of the statutes is amended to read:
SB10-SSA1,2,93 346.05 (3) Any vehicle proceeding upon a roadway at less than the normal
4speed of traffic at the time and place and under the conditions then existing shall be
5driven in the right-hand lane then available for traffic, or as close as practicable to
6the right-hand edge or curb of the roadway, except when overtaking and passing
7another vehicle proceeding in the same direction or when preparing for a left turn
8at an intersection or into a private road or driveway, and except as provided in s.
SB10-SSA1, s. 3 10Section 3. 346.072 of the statutes is created to read:
SB10-SSA1,2,19 11346.072 Passing stopped emergency vehicles, tow trucks and highway
12machinery equipment.
(1) If an authorized emergency vehicle giving visual
13signal, a tow truck flashing red lamps, as required by s. 347.26 (6) (b), or any road
14machinery or motor vehicle used in highway construction or maintenance displaying
15the lights specified in s. 347.23 (1) (a) or (b) or, with respect to a motor vehicle,
16displaying the lights specified in s. 347.26 (7), is parked or standing on or within 12
17feet of a roadway, the operator of a motor vehicle approaching such vehicle or
18machinery shall proceed with due regard for all other traffic and shall do either of
19the following:
SB10-SSA1,2,2520 (a) Move the motor vehicle into a lane that is not the lane nearest the parked
21or standing vehicle or machinery and continue traveling in that lane until safely
22clear of the vehicle or machinery. This paragraph applies only if the roadway has at
23least two lanes for traffic proceeding in the direction of the approaching motor vehicle
24and if the approaching motor vehicle may change lanes safely and without
25interfering with any vehicular traffic.
1(b) Slow the motor vehicle, maintaining a safe speed for traffic conditions, and
2operate the motor vehicle at a reduced speed until completely past the vehicle or
3machinery. This paragraph applies only if the roadway has only one lane for traffic
4proceeding in the direction of the approaching motor vehicle or if the approaching
5motor vehicle may not change lanes safely and without interfering with any
6vehicular traffic.
SB10-SSA1,3,9 7(2) In addition to any penalty imposed under s. 346.17 (2), any person violating
8this section shall have his or her operating privilege suspended as provided in s.
9343.30 (1o).
SB10-SSA1, s. 4 10Section 4. 346.17 (2) of the statutes is amended to read:
SB10-SSA1,3,1311 346.17 (2) Any person violating ss. 346.05, 346.07 (2) or (3), 346.072, 346.08,
12346.09, 346.10 (2) to (4), 346.11, 346.13 (2) or 346.14 to 346.16 may be required to
13forfeit not less than $30 nor more than $300.
SB10-SSA1, s. 5 14Section 5. Effective date.
SB10-SSA1,3,1615 (1) This act takes effect on July 1, 2001, or on the first day of the 4th month
16beginning after publication, whichever is later.