AB782: Bill Text

AB782,9,12 346.02 (12) Applicability to electric personal assistive mobility devices. 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, 346.23 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 personal assistive mobility devices.

AB782, s. 19 Section 19. 346.05 (1m) of the statutes is amended to read:

AB782,9,17 346.05 (1m) Notwithstanding sub. (1), any person operating a bicycle or electric personal assistive mobility device may ride on the shoulder of a highway unless such riding is prohibited by the authority in charge of the maintenance of the highway.

AB782, s. 20 Section 20. 346.075 (title) and (1) of the statutes are amended to read:

AB782,9,25 346.075 (title) Overtaking and passing bicycles, electric personal assistive mobility devices, and motor buses. (1) The operator of a motor vehicle overtaking a bicycle or electric personal assistive mobility device proceeding in the same direction shall exercise due care, leaving a safe distance, but in no case less than 3 feet clearance when passing the bicycle or electric personal assistive mobility device, and shall maintain clearance until safely past the overtaken bicycle or electric personal assistive mobility device.

AB782, s. 21 Section 21. 346.16 (2) (am) of the statutes is created to read:

AB782,10,5 346.16 (2) (am) Except as provided in par. (b), no person riding an electric personal assistive mobility device may go upon any expressway or freeway when official signs have been erected prohibiting persons specified in par. (a) from using the expressway or freeway.

AB782, s. 22 Section 22. 346.16 (2) (b) of the statutes is amended to read:

AB782,10,10 346.16 (2) (b) A pedestrian or other person under par. (a) or (am) may go upon a portion of a hiking trail, cross-country ski trail, bridle trail or bicycle trail incorporated into the highway right-of-way and crossing the highway if the portion of the trail is constructed under s. 84.06 (11).

AB782, s. 23 Section 23. The unnumbered subchapter title preceding 346.23 of the statutes is amended to read:

AB782,10,17 Respective rights and duties of drivers, pedestrians and, bicyclists, and riders of electric personal assistive mobility devices

AB782, s. 24 Section 24. 346.23 of the statutes is amended to read:

AB782,11,8 346.23 Crossing controlled intersection or crosswalk. (1) At an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person who is riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who has started to cross the highway on a green or "Walk" signal and in all other cases pedestrians and, bicyclists, and riders of electric personal assistive mobility devices shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a green signal. No operator of a vehicle proceeding ahead on a green signal may begin a turn at a controlled intersection or crosswalk when a pedestrian or, bicyclist, or rider of an electric personal assistive mobility device crossing in the crosswalk on a green or "Walk" signal would be endangered or interfered with in any way. The rules stated in this subsection are modified at intersections or crosswalks on divided highways or highways provided with safety zones in the manner and to the extent stated in sub. (2).

AB782,11,16 (2) At intersections or crosswalks on divided highways or highways provided with safety zones where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian or, bicyclist, or rider of an electric personal assistive mobility device who has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or a safety zone with the green or "Walk" signal in the pedestrian's or bicyclist's favor of the pedestrian, bicyclist, or rider of an electric personal assistive mobility device.

AB782, s. 25 Section 25. 346.24 of the statutes is amended to read:

AB782,11,23 346.24 Crossing at uncontrolled intersection or crosswalk. (1) At an intersection or crosswalk where traffic is not controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who is crossing the highway within a marked or unmarked crosswalk.

AB782,12,2 (2) No pedestrian or, bicyclist, or rider of an electric personal assistive mobility device shall suddenly leave a curb or other place of safety and walk, run, or ride into the path of a vehicle which is so close that it is difficult for the operator of the vehicle to yield.

AB782,12,6 (3) Whenever any vehicle is stopped at an intersection or crosswalk to permit a pedestrian or, bicyclist, or rider of an electric personal assistive mobility device to cross the roadway, the operator of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

AB782, s. 26 Section 26. 346.25 of the statutes is amended to read:

AB782,12,11 346.25 Crossing at place other than crosswalk. Every pedestrian or, bicyclist, or rider of an electric personal assistive mobility device crossing a roadway at any point other than within a marked or unmarked crosswalk shall yield the right-of-way to all vehicles upon the roadway.

AB782, s. 27 Section 27. 346.28 (title) and (2) of the statutes are amended to read:

AB782,12,15 346.28 (title) Pedestrians to walk on left side of highway; pedestrians and, bicyclists, and riders of electric personal assistive mobility devices on sidewalks.

AB782,12,18 (2) Operators of vehicles shall yield the right-of-way to pedestrians and, bicyclists, and riders of electric personal assistive mobility devices on sidewalks as required by s. 346.47.

AB782, s. 28 Section 28. 346.30 (1) (b) 2. of the statutes is amended to read:

AB782,12,22 346.30 (1) (b) 2. Any operator of a bicycle or electric personal assistive mobility device violating s. 346.23, 346.24 or 346.25 may be required to forfeit not more than $20.

AB782, s. 29 Section 29. 346.34 (1) (b) of the statutes is amended to read:

AB782,13,8 346.34 (1) (b) In the event any other traffic may be affected by such movement, no person may so turn any vehicle without giving an appropriate signal in the manner provided in s. 346.35. When given by the operator of a vehicle other than a bicycle or electric personal assistive mobility device, such signal shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. The operator of a bicycle or electric personal assistive mobility device shall give such signal continuously during not less than the last 50 feet traveled before turning. A signal by the hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electric personal assistive mobility device.

AB782, s. 30 Section 30. 346.36 (2) of the statutes is amended to read:

AB782,13,11 346.36 (2) Any operator of a bicycle or electric personal assistive mobility device violating ss. 346.31 to 346.35 may be required to forfeit not more than $20.

AB782, s. 31 Section 31. 346.37 (1) (a) 2., (c) 2. and 3. and (d) of the statutes are amended to read:

AB782,13,17 346.37 (1) (a) 2. Pedestrians, and persons who are riding bicycles or electric personal assistive mobility devices in a manner which is consistent with the safe use of the crosswalk by pedestrians, facing the signal may proceed across the roadway within any marked or unmarked crosswalk.

AB782,13,20 (c) 2. No pedestrian or, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic.

AB782,14,4 3. Vehicular traffic facing a red signal at an intersection may, after stopping as required under subd. 1., cautiously enter the intersection to make a right turn into the nearest lawfully available lane for traffic moving to the right or to turn left from a one-way highway into the nearest lawfully available lane of a one-way highway on which vehicular traffic travels to the left. No turn may be made on a red signal if lanes of moving traffic are crossed or if a sign at the intersection prohibits a turn. In making a turn on a red signal vehicular traffic shall yield the right-of-way to pedestrians and, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection.

AB782,14,10 (d) Green arrow. 1. Vehicular traffic facing a green arrow signal may enter the intersection only to make the movement indicated by the arrow but shall yield the right-of-way to pedestrians and, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. When the green arrow signal indicates a right or left turn traffic shall cautiously enter the intersection.

AB782,14,13 2. No pedestrian or, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic.

AB782, s. 32 Section 32. 346.38 (1) and (2) of the statutes are amended to read:

AB782,14,20 346.38 (1) Walk. A pedestrian, or a person riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crossing by pedestrians, facing a "Walk" signal may proceed across the roadway or other vehicular crossing in the direction of the signal and the operators of all vehicles shall yield the right-of-way to the pedestrian or, bicyclist, or electric personal assistive mobility device rider.

AB782,15,2 (2) Don't walk. No pedestrian or, bicyclist, or rider of an electric personal assistive mobility device may start to cross the roadway or other vehicular crossing in the direction of a "Don't Walk" signal, but any pedestrian or, bicyclist, or rider of an electric personal assistive mobility device who has partially completed crossing on the "Walk" signal may proceed to a sidewalk or safety zone while a "Don't Walk" signal is showing.

AB782, s. 33 Section 33. 346.43 (1) (b) 2. of the statutes is amended to read:

AB782,15,6 346.43 (1) (b) 2. Any operator of a bicycle or electric personal assistive mobility device violating s. 346.37, 346.38 or 346.39 may be required to forfeit not more than $20.

AB782, s. 34 Section 34. 346.47 (1) of the statutes is amended to read:

AB782,15,14 346.47 (1) The operator of a vehicle emerging from an alley or about to cross or enter a highway from any point of access other than another highway shall stop such vehicle immediately prior to moving on to the sidewalk or on to the sidewalk area extending across the path of such vehicle and shall yield the right-of-way to any pedestrian or, bicyclist, or rider of an electric personal assistive mobility device, and upon crossing or entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.

AB782, s. 35 Section 35. 346.49 (1) (b), (1g) (b) and (2m) (b) of the statutes are amended to read:

AB782,15,18 346.49 (1) (b) Any operator of a bicycle or electric personal assistive mobility device violating s. 346.46 (1), (2m) or (4) may be required to forfeit not more than $20.

AB782,15,20 (1g) (b) Any operator of a bicycle or electric personal assistive mobility device violating s. 346.46 (3) shall forfeit not more than $40.

AB782,15,22 (2m) (b) Any operator of a bicycle or electric personal assistive mobility device violating s. 346.44 may be required to forfeit not more than $40.

AB782, s. 36 Section 36. 346.54 (1) (e) of the statutes is amended to read:

AB782,16,4 346.54 (1) (e) For the purpose of parking, mopeds as defined in s. 340.01 (29m) and electric personal assistive mobility devices shall be considered bicycles. Where possible without impeding the flow of pedestrian traffic, a bicycle or, moped, or electric personal assistive mobility device may be parked on a sidewalk. A bicycle or, moped, or electric personal assistive mobility device may be parked in a bike rack or other similar area designated for bicycle parking.

AB782, s. 37 Section 37. 346.60 (5) of the statutes is amended to read:

AB782,16,7 346.60 (5) (a) Any operator of a bicycle or electric personal assistive mobility device who violates s. 346.57 may be required to forfeit not more than $20.

AB782,16,9 (b) Any operator of a bicycle or electric personal assistive mobility device who violates s. 346.59 may be required to forfeit not more than $10.

AB782, s. 38 Section 38. 346.71 (2) of the statutes is amended to read:

AB782,17,9 346.71 (2) In cases of death involving a motor vehicle in which the decedent was the operator of a motor vehicle, a pedestrian 14 years of age or older or a bicycle or electric personal assistive mobility device operator 14 years of age or older and who died within 6 hours of the time of the accident, the coroner or medical examiner of the county where the death occurred shall require that a blood specimen of at least 10 cc. be withdrawn from the body of the decedent within 12 hours after his or her death, by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of the physician. All funeral directors shall obtain a release from the coroner or medical examiner of the county where the accident occurred as provided in s. 979.01 (4) prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health and family services for analysis of the alcoholic content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health and family services. If the death involved a motor vehicle, the department shall keep a record of all such examinations to be used for statistical purposes only and the department shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved. If the death involved an all-terrain vehicle, the department of natural resources shall keep a record of all such examinations to be used for statistical purposes only and the department of natural resources shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved.

AB782, s. 39 Section 39. The unnumbered subchapter title preceding 346.77 of the statutes is amended to read:

AB782,17,14 bicycles, electric personal ASSISTIVE MOBILITY DEVICES, AND PLAY VEHICLES

AB782, s. 40 Section 40. 346.80 (title) and (1) of the statutes are amended to read:

AB782,17,19 346.80 (title) Riding bicycle or electric personal assistive mobility device on roadway. (1) In this section, "substandard width lane" means a lane that is too narrow for a bicycle or electric personal assistive mobility device and a motor vehicle to travel safely side by side within the lane.

AB782, s. 41 Section 41. 346.80 (2) (a) (intro.), (b) and (c) of the statutes are amended to read:

AB782,18,2 346.80 (2) (a) (intro.) Any person operating a bicycle or electric personal assistive mobility device upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand edge or curb of the unobstructed traveled roadway, including operators who are riding 2 or more abreast where permitted under sub. (3), except:

AB782,18,5 (b) Notwithstanding par. (a), any person operating a bicycle or electric personal assistive mobility device upon a one-way highway having 2 or more lanes available for traffic may ride as near the left-hand edge or curb of the roadway as practicable.

AB782,18,11 (c) Any person operating a bicycle or electric personal assistive mobility device upon a roadway shall exercise due care when passing a standing or parked vehicle or a vehicle proceeding in the same direction, allowing a minimum of 3 feet between the bicycle or electric personal assistive mobility device and the vehicle, and shall give an audible signal when passing a bicycle or electric personal assistive mobility device rider proceeding in the same direction.

AB782, s. 42 Section 42. 346.80 (3) of the statutes is amended to read:

AB782,18,17 346.80 (3) (a) Persons riding bicycles or electric personal assistive mobility devices upon a roadway may ride 2 abreast if such operation does not impede the normal and reasonable movement of traffic. Bicycle or electric personal assistive mobility device operators riding 2 abreast on a 2-lane or more roadway shall ride within a single lane.

AB782,18,20 (b) Persons riding bicycles upon a roadway may not ride more than 2 abreast except upon any path, trail, lane or other way set aside for the exclusive use of bicycles and electric personal assistive mobility devices.

AB782, s. 43 Section 43. 346.80 (4) and (5) of the statutes are amended to read:

AB782,18,24 346.80 (4) No person may operate a bicycle, electric personal assistive mobility device, or moped upon a roadway where a sign is erected indicating that bicycle, electric personal assistive mobility device, or moped riding is prohibited.

AB782,19,3 (5) Except as provided in ss. 346.23, 346.24, 346.37, and 346.38, every rider of a bicycle or electric personal assistive mobility device shall, upon entering on a highway, yield the right-of-way to motor vehicles.

AB782, s. 44 Section 44. 346.803 (title), (1) (intro.) and (a), (2) and (3) of the statutes are amended to read:

AB782,19,8 346.803 (title) Riding bicycle or electric personal assistive mobility device on bicycle way. (1) (intro.) Every person operating a bicycle or electric personal assistive mobility device upon a bicycle way shall:

AB782,19,11 (a) Exercise due care and give an audible signal when passing a bicycle or electric personal assistive mobility device rider or a pedestrian proceeding in the same direction.

AB782,19,14 (2) Every person operating a bicycle or electric personal assistive mobility device upon a bicycle way open to 2-way traffic shall ride on the right side of the bicycle way.

AB782,19,17 (3) Every operator of a bicycle or electric personal assistive mobility device entering a bicycle way shall yield the right-of-way to all bicycles and pedestrians in the bicycle way.

AB782, s. 45 Section 45. 346.804 of the statutes is amended to read:

AB782,19,23 346.804 Riding bicycle on sidewalk. When local authorities under s. 346.94 (1) permit bicycles on the sidewalk, every person operating a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle or electric personal assistive mobility device rider or a pedestrian proceeding in the same direction.

AB782, s. 46 Section 46. 346.805 of the statutes is created to read:

AB782,20,7 346.805 Riding electric personal assistive mobility device on sidewalk. Except as provided in ss. 346.94 (18) (a) 2. and 349.236 (1) (b), a person may operate an electric personal assistive mobility device upon any sidewalk. Every person operating an electric personal assistive mobility device upon a sidewalk shall yield the right-of-way to any pedestrian or bicyclist and shall exercise due care and give an audible signal when passing a bicycle or other electric personal assistive mobility device or a pedestrian proceeding in the same direction.

AB782, s. 47 Section 47. 346.82 (title) and (1) of the statutes are amended to read:

AB782,20,11 346.82 (title) Penalty for violating sections 346.77 to 346.804 346.805. (1) Any person violating ss. 346.77, 346.79 (1) to (3), or 346.80 to 346.804 346.805 may be required to forfeit not more than $20.

AB782, s. 48 Section 48. 346.94 (12) of the statutes is amended to read:

AB782,20,19 346.94 (12) Driving on bicycle lane or bicycle way. No operator of a motor vehicle may drive upon a bicycle lane or bicycle way except to enter a driveway, to merge into a bicycle lane before turning at an intersection, or to enter or leave a parking space located adjacent to the bicycle lane or bicycle way. Persons operating a motor vehicle upon a bicycle lane or bicycle way shall yield the right-of-way to all bicycles and electric personal assistive mobility devices within the bicycle lane or bicycle way.

AB782, s. 49 Section 49. 346.94 (18) of the statutes is created to read:

AB782,20,24 346.94 (18) Electric personal assistive mobility devices on roadways and sidewalks. (a) 1. Except as otherwise prohibited in this chapter, a person may operate an electric personal assistive mobility device upon any roadway or sidewalk that is under the jurisdiction of the department.

AB782,21,5 2. Except as provided in s. 349.236 (1) (c), the department may by rule prohibit electric personal assistive mobility devices upon any roadway under its jurisdiction for which the speed limit is more than 25 miles per hour, and may by rule prohibit such devices upon any sidewalk under its jurisdiction. This subdivision does not apply upon any sidewalk at a permanent or temporarily established driveway.

AB782,21,8 (b) A person may operate an electric personal assistive mobility device upon any roadway under the jurisdiction of a local authority, subject to any prohibitions specified by municipal ordinance enacted under s. 349.236.

AB782, s. 50 Section 50. 346.95 (6) of the statutes is amended to read:

AB782,21,12 346.95 (6) Any person violating s. 346.94 (17) or (18) may be required to forfeit not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the 2nd or subsequent conviction within a year.

AB782, s. 51 Section 51. 347.02 (1) (i) of the statutes is created to read:

AB782,21,14 347.02 (1) (i) Electric personal assistive mobility devices.

AB782, s. 52 Section 52. 347.245 (1) of the statutes is amended to read: