TNF&PEN:hmh&cjs:pg
2001 - 2002 LEGISLATURE
February 1, 2001 - Introduced by Representatives Olsen, Powers, Musser, Bies,
Ladwig, Townsend, Gronemus, Pettis, Ryba, Wade, Berceau, Vrakas, Freese,
M. Lehman, Urban, Krawczyk, Ward, Gunderson, Plouff and Ott,
cosponsored by Senators Breske, Schultz, M. Meyer, Baumgart, Huelsman
and Darling. Referred to Committee on Transportation.
AB58,1,8
1An Act to amend 70.112 (5), 194.01 (7), 218.0101 (23) (a) 2., 218.0114 (5) (a),
2218.0122 (3), 218.0171 (2) (b) 2. b., 285.30 (5) (c), 340.01 (4) (a), 341.067, 341.25
3(title), 341.25 (1) (b), 341.297 (1), 341.31 (1) (b) 5., 341.31 (4) (c), 342.15 (4) (a),
4342.34 (1) (c), 343.08 (1) (a) and (2) (a), 343.135 (2) (a) 1., 346.16 (2) (a), 349.105
5and 779.41 (2); and
to create 218.0101 (19m), 285.30 (5) (j), 340.01 (19d),
6340.01 (27m), 343.135 (2) (a) 1m., 346.94 (18), 346.95 (8), 347.02 (8), 349.06 (4)
7and 349.237 of the statutes;
relating to: low-speed vehicles, granting
8rule-making authority, and providing 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 motor vehicle, as defined by federal law, that
complies with applicable equipment standards, but does not include a golf cart.
Currently, federal law defines a low-speed vehicle as a four-wheeled motor vehicle,
other than a truck, that attains top speeds of not less than 20 miles per hour nor more
than 25 miles per hour on a paved, level surface. 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
employees, 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, as with 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
restricted to highways having a speed limit of 35 or less miles per hour. Local
highway authorities may further regulate low-speed vehicles or may restrict their
operation to highways having a speed limit of 25 or less miles per hour.
2. Low-speed vehicles are prohibited from operating on state trunk highways
and connecting highways, even where the applicable speed limit is 35 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:
AB58, s. 1
1Section
1. 70.112 (5) of the statutes is amended to read:
AB58,3,52
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, truck tractor, or other similar motor vehicle, or
5trailer or semitrailer used in connection therewith.
AB58, s. 2
6Section
2. 194.01 (7) of the statutes is amended to read:
AB58,3,97
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.
AB58, s. 3
10Section
3. 218.0101 (19m) of the statutes is created to read:
AB58,3,1111
218.0101
(19m) "Low-speed vehicle" has the meaning given in s. 340.01 (27m).
AB58, s. 4
12Section
4. 218.0101 (23) (a) 2. of the statutes is amended to read:
AB58,3,1513
218.0101
(23) (a) 2. Is engaged wholly or in part in the business of selling or
14leasing motor vehicles, including motorcycles
and low-speed vehicles, whether or
15not the motor vehicles are owned by that person, firm or corporation.
AB58, s. 5
16Section
5. 218.0114 (5) (a) of the statutes is amended to read:
AB58,4,417
218.0114
(5) (a) 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 ss. 218.0101
4to 218.0163.
AB58, s. 6
5Section
6. 218.0122 (3) of the statutes is amended to read:
AB58,4,86
218.0122
(3) This section does not apply to motorcycles
or low-speed vehicles 7that are delivered in a crated, disassembled condition to the dealer or the dealer's
8agent.
AB58, s. 7
9Section
7. 218.0171 (2) (b) 2. b. of the statutes is amended to read:
AB58,4,1910
218.0171
(2) (b) 2. b. Accept return of the motor vehicle and refund to the
11consumer and to any holder of a perfected security interest in the consumer's motor
12vehicle, as their interest may appear, the full purchase price plus any sales tax,
13finance charge, amount paid by the consumer at the point of sale and collateral costs,
14less a reasonable allowance for use. Under this subdivision, a reasonable allowance
15for use may not exceed the amount obtained by multiplying the full purchase price
16of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a
17motorcycle
or low-speed vehicle, 20,000, and the numerator of which is the number
18of miles the motor vehicle was driven before the consumer first reported the
19nonconformity to the motor vehicle dealer.
AB58, s. 8
20Section
8. 285.30 (5) (c) of the statutes is amended to read:
AB58,4,2321
285.30
(5) (c) A motor vehicle exempt from registration under s. 341.05, except
22that a motor vehicle owned by the United States is not exempt unless it comes under
23par. (a), (b), (d), (e), (f), (g)
or, (h)
, or (j).
AB58, s. 9
24Section
9. 285.30 (5) (j) of the statutes is created to read:
AB58,4,2525
285.30
(5) (j) A low-speed vehicle, as defined in s. 340.01 (27m).
AB58, s. 10
1Section
10. 340.01 (4) (a) of the statutes is amended to read:
AB58,5,42
340.01
(4) (a) Type 1 is a motor vehicle designed and used primarily for carrying
3persons but which does not come within the definition of a
low-speed vehicle, motor
4bus, motorcycle, moped or motor bicycle.
AB58, s. 11
5Section
11. 340.01 (19d) of the statutes is created to read:
AB58,5,96
340.01
(19d) "Golf cart" means a vehicle whose speed attainable in one mile
7does not exceed 20 miles per hour on a paved, level surface, and is used to convey one
8or more persons and equipment to play the game of golf in an area designated as a
9golf course.
AB58, s. 12
10Section
12. 340.01 (27m) of the statutes is created to read:
AB58,5,1411
340.01
(27m) "Low-speed vehicle" means a low-speed vehicle, as defined in
49
12CFR 571.3, that satisfies the equipment standards under
49 CFR 571.500 and which
13was originally manufactured to meet the applicable equipment standards under
49
14CFR 571.500. "Low-speed vehicle" does not include a golf cart.
AB58, s. 13
15Section
13. 341.067 of the statutes is amended to read:
AB58,5,19
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).
AB58, s. 14
20Section
14. 341.25 (title) of the statutes is amended to read:
AB58,5,22
21341.25 (title)
Annual and biennial registration fees; biennial
22motorcycle fees.
AB58, s. 15
23Section
15. 341.25 (1) (b) of the statutes is amended to read:
AB58,6,224
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.
AB58, s. 16
3Section
16. 341.297 (1) of the statutes is amended to read:
AB58,6,54
341.297
(1) A motorcycle
or, moped
, or low-speed vehicle, as specified in s.
5341.25 (1) (b).
AB58, s. 17
6Section
17
. 341.31 (1) (b) 5. of the statutes is amended to read:
AB58,6,97
341.31
(1) (b) 5. The vehicle is a motorcycle
which or low-speed vehicle that has
8been transferred or leased to the applicant and for which
a current registration
9plates plate had been issued to the previous owner; or
AB58, s. 18
10Section
18. 341.31 (4) (c) of the statutes is amended to read:
AB58,6,1311
341.31
(4) (c) A person retaining a
set of plates plate removed from a motorcycle
12or low-speed vehicle may receive credit for the unused portion of the registration fee
13paid when registering a
replacement motorcycle vehicle of the same type.
AB58, s. 19
14Section
19. 342.15 (4) (a) of the statutes is amended to read:
AB58,6,2115
342.15
(4) (a) If the vehicle being transferred is a motorcycle
or low-speed
16vehicle or an automobile registered under s. 341.27 or a motor home or a motor truck,
17dual purpose motor home
, or dual purpose farm truck which has a gross weight of
18not more than 8,000 pounds or a farm truck which has a gross weight of not more than
1912,000 pounds, the owner shall remove the registration
plate or plates and retain and
20preserve
them the plate or plates for use on any other vehicle of the same type and
21gross weight which may subsequently be registered in his or her name.
AB58, s. 20
22Section
20. 342.34 (1) (c) of the statutes is amended to read:
AB58,7,923
342.34
(1) (c) If the vehicle is a motorcycle
or low-speed vehicle or an
24automobile registered under s. 341.27 or a motor home or a motor truck, dual purpose
25motor home
, or dual purpose farm truck which has a gross weight of not more than
18,000 pounds or a farm truck which has a gross weight of not more than 12,000
2pounds, the owner shall remove the registration
plate or plates and retain and
3preserve
them the plate or plates for use on any other vehicle of the same type which
4may subsequently be registered in his or her name. If the vehicle is not a motorcycle
5or low-speed vehicle or an automobile registered under s. 341.27
, or a motor home
6or a motor truck, dual purpose motor home
, or dual purpose farm truck which has
7a gross weight of not more than 8,000 pounds or a farm truck which has a gross
8weight of not more than 12,000 pounds, he or she shall remove and destroy the
plate
9or plates.
AB58, s. 21
10Section
21. 343.08 (1) (a) and (2) (a) of the statutes are amended to read:
AB58,7,1611
343.08
(1) (a) The department must be satisfied that it is necessary for the
12applicant to operate an automobile, farm truck, dual purpose farm truck,
low-speed
13vehicle, Type 1 motorcycle powered with an engine of not more than 125 cubic
14centimeters displacement, Type 2 motorcycle, moped or motor bicycle owned and
15registered by the applicant's parent or guardian or a farm truck leased to the
16applicant's parent or guardian.
AB58,7,25
17(2) (a) A restricted license issued pursuant to this section is valid only until the
18licensee secures an operator's license issued pursuant to s. 343.03 or reaches 18 years
19of age and, except as provided in par. (b), entitles the licensee to operate an
20automobile, farm truck, dual purpose farm truck,
low-speed vehicle, Type 1
21motorcycle powered with an engine of not more than 125 cubic centimeters
22displacement, Type 2 motorcycle, moped or motor bicycle owned and registered by
23the licensee's parent or guardian or a farm truck leased to the licensee's parent or
24guardian or any combination of these vehicles, depending on the restrictions placed
25by the department on the particular license.
AB58, s. 22
1Section
22. 343.135 (2) (a) 1. of the statutes is amended to read:
AB58,8,22
343.135
(2) (a) 1. Motor bicycles or mopeds
; or.
AB58, s. 23
3Section
23. 343.135 (2) (a) 1m. of the statutes is created to read:
AB58,8,44
343.135
(2) (a) 1m. Low-speed vehicles.
AB58, s. 24
5Section
24. 346.16 (2) (a) of the statutes is amended to read:
AB58,8,106
346.16
(2) (a) Except as provided in par. (b), no pedestrian or person riding a
7bicycle or other nonmotorized vehicle and no person operating a
low-speed vehicle, 8moped or motor bicycle may go upon any expressway or freeway when official signs
9have been erected prohibiting such person from using the expressway or freeway
10have been erected as provided in s. 349.105.
AB58, s. 25
11Section
25. 346.94 (18) of the statutes is created to read:
AB58,8,1412
346.94
(18) Low-speed vehicles on roadway. (a) Subject to s. 349.237, a person
13may operate a low-speed vehicle upon any roadway that is under the jurisdiction of
14a local authority and that has a speed limit of 35 or less miles per hour.
AB58,8,2115
(b) No person may operate a low-speed vehicle upon any highway that has a
16speed limit of more than 35 miles per hour. Except at crossings authorized under s.
17349.237 (2), and at intersections where traffic is controlled by an official traffic
18control device, no person may operate a low-speed vehicle upon a state trunk
19highway or connecting highway. This paragraph does not apply to vehicles
20registered under s. 341.26 (2m) or vehicles exempted from this paragraph by the
21department by rule.
AB58, s. 26
22Section
26. 346.95 (8) of the statutes is created to read:
AB58,8,2423
346.95
(8) Any person violating s. 346.94 (18) may be required to forfeit not less
24than $30 nor more than $300.
AB58, s. 27
25Section
27. 347.02 (8) of the statutes is created to read:
AB58,9,7
1347.02
(8) Notwithstanding the requirements of this chapter or s. 340.01
2(27m), the department may, by rule, establish for low-speed vehicles special
3equipment standards that differ from the equipment standards established under
4this chapter. Special equipment standards established under this subsection shall
5be identical to the federal standards established in
49 CFR 571.500, except that the
6department may establish additional standards for equipment not required under
749 CFR 571.500.
AB58, s. 28
8Section
28. 349.06 (4) of the statutes is created to read:
AB58,9,149
349.06
(4) Any municipality or county may enact and enforce an ordinance that
10regulates the equipment of a low-speed vehicle if the ordinance strictly conforms to
11rules promulgated under s. 347.02 (8). An ordinance that incorporates by reference
12existing and future amendments of rules promulgated under s. 347.02 (8) shall be
13considered to be in strict conformity and not contrary to or inconsistent with s. 347.02
14(8) and rules promulgated under that subsection.