AB782: Bill Text

LRB-4741/1

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2001 - 2002 LEGISLATURE

2001 Assembly BILL 782

February 7, 2002 - Introduced by Representative Stone, cosponsored by Senator Breske. Referred to Committee on Transportation.

AB782,2,2 An Act to amend 23.117, 23.175 (2) (a), 23.33 (4) (d) 1. and 3., 29.001 (57), 59.84 (2) (j), 66.1001 (2) (c), 83.42 (1), 84.60 (1) (a), 167.31 (1) (h), 194.01 (7), 287.81 (1) (b), 340.01 (5e) and (5s), 340.01 (43), 340.01 (74), 344.01 (2) (g), 346.05 (1m), 346.075 (title) and (1), 346.16 (2) (b), the unnumbered subchapter title preceding 346.23, 346.23, 346.24, 346.25, 346.28 (title) and (2), 346.30 (1) (b) 2., 346.34 (1) (b), 346.36 (2), 346.37 (1) (a) 2., (c) 2. and 3. and (d), 346.38 (1) and (2), 346.43 (1) (b) 2., 346.47 (1), 346.49 (1) (b), (1g) (b) and (2m) (b), 346.54 (1) (e), 346.60 (5), 346.71 (2), the unnumbered subchapter title preceding 346.77, 346.80 (title) and (1), 346.80 (2) (a) (intro.), (b) and (c), 346.80 (3), 346.80 (4) and (5), 346.803 (title), (1) (intro.) and (a), (2) and (3), 346.804, 346.82 (title) and (1), 346.94 (12), 346.95 (6), 347.245 (1), 347.489 and 779.41 (2); and to create 340.01 (15pm), 341.058, 346.02 (12), 346.16 (2) (am), 346.805, 346.94 (18), 347.02 (1) (i), 349.015 and 349.236 of the statutes; relating to: electric personal assistive mobility devices, granting rule-making authority, and providing penalties.

Analysis by the Legislative Reference Bureau

This bill creates a new category of device, used to transport a person, called an "electric personal assistive mobility device." An electric personal assistive mobility device is defined as a self-balancing device with two nontandem wheels that is designed to transport only one person and which is equipped with an electric propulsion system that limits the maximum speed of the device to not more than 15 miles per hour. The bill exempts an electric personal assistive mobility device from the definition of "vehicle" for purposes of state transportation laws, except those laws made specifically applicable to electric personal assistive mobility devices.

The major provisions relating to electric personal assistive mobility devices include the following:

1. The bill exempts electric personal assistive mobility devices from vehicle registration by the department of transportation (DOT). Under current law, road machinery, implements of husbandry (agriculture), and certain vehicles that are operated primarily off a highway or to cross a highway are exempt from registration by DOT. Bicycles and motor bicycles are exempt from registration by DOT, but may be subject to local registration.

2. The bill does not require an operator of an electric personal assistive mobility device to have a valid operator's license to operate an electric personal assistive mobility device upon a highway.

3. The bill requires the operators of electric personal assistive mobility devices to observe most of the rules of the road (traffic laws) and subjects violators of those laws to the same penalties as those that apply to violations committed while operating a bicycle (or, in some cases, any vehicle), including the assessment of demerit points and the imposition of fines, forfeitures, and terms of imprisonment. Specifically, operators of electric personal assistive mobility devices are exempt from traffic laws relating to operating a motor vehicle while intoxicated (OWI), including this state's implied consent law.

4. The bill permits electric personal assistive mobility devices to be operated on roadways and sidewalks. However, DOT may by rule prohibit electric personal assistive mobility devices on any sidewalk under its jurisdiction or on any roadway under its jurisdiction having a speed limit of more than 25 miles per hour, except that the bill allows a local highway authority to enact an ordinance permitting electric personal assistive mobility devices 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. A local highway authority may by ordinance prohibit electric personal assistive mobility devices on any sidewalk under its jurisdiction or on any roadway under its jurisdiction having a speed limit of more than 25 miles per hour. The bill specifically permits electric personal assistive mobility devices to be operated on the highway shoulder, unless prohibited by the applicable state or local highway authority.

5. The bill permits electric personal assistive mobility devices to be operated on any bicycle lane or bicycle way.

6. The bill generally requires the operator of an electric personal assistive mobility device to yield the right-of-way to pedestrians and bicyclists, and requires the operator to give an audible signal when passing a bicycle or other electric personal assistive mobility device traveling in the same direction. The bill also governs the riding of electric personal assistive mobility devices on roadways by treating such devices similar to bicycles. The bill permits electric personal assistive mobility devices to be operated two abreast under certain circumstances, but prohibits more than two abreast. Current law permits the riding of bicycles more than two abreast under certain circumstances.

7. The bill treats electric personal assistive mobility devices similar to bicycles with respect to equipment requirements. The bill prohibits an electric personal assistive mobility device from being operated during hours of darkness unless the device is equipped with a white light that is visible from a distance of not less than 500 fee from the front of the device and with a red reflector that is visible from a distance of 500 feet to the rear. The red reflector may be a strip of reflective tape with a surface area of not less than two square inches. An electric personal assistive mobility device must have a functioning braking mechanism, and no siren or compression whistle may be used. An electric personal assistive mobility device is not required to have a slow-moving vehicle (SMV) emblem.

8. The bill treats electric personal assistive mobility devices the same as bicycles with respect to parking. The bill permits electric personal assistive mobility devices to be parked on a sidewalk if such parking does not interfere with pedestrians and is not prohibited by a sign, signal, marking, or other device. An electric personal assistive mobility device may be parked in a bike rack or other parking area for bicycles.

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:

AB782, s. 1 Section 1. 23.117 of the statutes is amended to read:

AB782,4,2 23.117 Use of trails by bicycles and electric personal assistive mobility devices. (1) No person may operate a bicycle or electric personal assistive mobility device on a trail in a state park or in the Kettle Moraine state forest unless the department has determined that the trail will be opened for use by bicycles or electric personal assistive mobility devices and has posted the trail open for such use.

AB782,4,5 (3) The department shall patrol on a regular basis the trails in state parks and in the Kettle Moraine state forest that are open to use by bicycles or electric personal assistive mobility devices.

AB782,4,10 (4) Any council that is created by the natural resources board under s. 15.04 (1) (c) to advise the department on the opening of trails in state parks and in the Kettle Moraine state forest for use by bicycles or electric personal assistive mobility devices shall have its recommendations regarding such use reviewed and approved by the natural resources board before they are implemented.

AB782, s. 2 Section 2. 23.175 (2) (a) of the statutes is amended to read:

AB782,4,14 23.175 (2) (a) Designate a system of state trails as part of the state park system for use by equestrians, bicyclists, riders of electric personal assistive mobility devices, cross-country skiers or hikers.

AB782, s. 3 Section 3. 23.33 (4) (d) 1. and 3. of the statutes are amended to read:

AB782,4,21 23.33 (4) (d) 1. To cross a roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practical practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle prior to the crossing and yields the right-of-way to other vehicles and, pedestrians, and electric personal assistive mobility devices using the roadway.

AB782,5,3 3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to all-terrain vehicle traffic. The crossing is authorized only if the crossing is done in the most direct manner practical practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle prior to the crossing and, pedestrians, and electric personal assistive mobility devices using the roadway.

AB782, s. 4 Section 4. 29.001 (57) of the statutes is amended to read:

AB782,5,9 29.001 (57) "Motor vehicle" means a self-propelled vehicle, including a combination of 2 or more vehicles or an articulated vehicle. "Motor vehicle" includes a snowmobile or an all-terrain vehicle. "Motor vehicle" does not include an aircraft or, a vehicle operated exclusively on rails, or an electric personal assistive mobility device.

AB782, s. 5 Section 5. 59.84 (2) (j) of the statutes is amended to read:

AB782,6,4 59.84 (2) (j) Traffic types and speed limits. After an expressway project has been certified as completed, the public body having jurisdiction over the maintenance thereof shall have the power to regulate the type of vehicular use of such portion of the expressway except as limited by federal and state laws and regulations, and the power to fix speed limits thereon not in excess of the maximum speed limits for state trunk highways, and to provide and enforce reasonable penalties for infraction of such vehicular use regulation or speed limits. Notwithstanding s. 346.16 (2), the use of the expressways by pedestrians, mopeds, motor bicycles, motor scooters, bicycles, electric personal assistive mobility devices, funeral processions, and animals on foot and the hauling of oversized equipment without special permit shall be prohibited when an ordinance in conformity with this section and, with respect to prohibiting the use of electric personal assistive mobility devices, in conformity with s. 349.236 (1) (a) or (b) is enacted by the board, but a forfeiture provided therein shall not exceed the maximum forfeiture under s. 346.17 (2). The board may not prohibit the towing of disabled vehicles on expressways, except that the board may prohibit the towing of disabled vehicles during the peak hours of 7 a.m. to 9 a.m. and 4 p.m. to 6:30 p.m. as established under county ordinance and except that the board may establish procedures for and may contract for the towing of vehicles which have become disabled on the expressway.

AB782, s. 6 Section 6. 66.1001 (2) (c) of the statutes is amended to read:

AB782,6,17 66.1001 (2) (c) Transportation element. A compilation of objectives, policies, goals, maps and programs to guide the future development of the various modes of transportation, including highways, transit, transportation systems for persons with disabilities, bicycles, electric personal assistive mobility devices, walking, railroads, air transportation, trucking and water transportation. The element shall compare the local governmental unit's objectives, policies, goals and programs to state and regional transportation plans. The element shall also identify highways within the local governmental unit by function and incorporate state, regional and other applicable transportation plans, including transportation corridor plans, county highway functional and jurisdictional studies, urban area and rural area transportation plans, airport master plans and rail plans that apply in the local governmental unit.

AB782, s. 7 Section 7. 83.42 (1) of the statutes is amended to read:

AB782,6,25 83.42 (1) Purpose. In order to create and preserve rustic and scenic roads for vehicular, bicycle, electric personal assistive mobility device, and pedestrian travel in unhurried, quiet and leisurely enjoyment; to protect and preserve recreational driving, culture, beauty, trees, vegetation and wildlife by establishing protective standards of rustic road design, access, speed, maintenance and identification, which will promote a continuous system of rustic roads and scenic easements for the public health and welfare; a state system of rustic roads is created.

AB782, s. 8 Section 8. 84.60 (1) (a) of the statutes is amended to read:

AB782,7,6 84.60 (1) (a) "Bikeway" means a public path, trail, lane or other way, including structures, traffic control devices and related support facilities and parking areas, designated for use by bicycles, electric personal assistive mobility devices, and other vehicles propelled by human power. The term also includes "bicycle lane" as defined in s. 340.01 (5e) and "bicycle way" as defined in s. 340.01 (5s).

AB782, s. 9 Section 9. 167.31 (1) (h) of the statutes is amended to read:

AB782,7,12 167.31 (1) (h) "Vehicle" has the meaning given under in s. 340.01 (74), and includes a snowmobile, as defined under in s. 340.01 (58a), and an electric personal assistive mobility device, as defined in s. 340.01 (15pm), except that for purposes of subs. (4) (c) and (cg) and (4m) "vehicle" has the meaning given for "motor vehicle" in s. 29.001 (57).

AB782, s. 10 Section 10. 194.01 (7) of the statutes is amended to read:

AB782,7,17 194.01 (7) "Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus or any self-propelled or motor driven vehicle, except a motorcycle, moped, motor bicycle, electric personal assistive mobility device, or a vehicle operated on rails.

AB782, s. 11 Section 11. 287.81 (1) (b) of the statutes is amended to read:

AB782,7,20 287.81 (1) (b) "Vehicle" has the meaning given in s. 340.01 (74), and includes an electric personal assistive mobility device, as defined in s. 340.01 (15pm).

AB782, s. 12 Section 12. 340.01 (5e) and (5s) of the statutes are amended to read:

AB782,7,25 340.01 (5e) "Bicycle lane" means that portion of a roadway set aside by the governing body of any city, town, village, or county for the exclusive use of bicycles, electric personal assistive mobility devices, or other modes of travel where permitted under s. 349.23 (2) (a), and so designated by appropriate signs and markings.

AB782,8,3 (5s) "Bicycle way" means any path or sidewalk or portion thereof designated for the use of bicycles and electric personal assistive mobility devices by the governing body of any city, town, village, or county.

AB782, s. 13 Section 13. 340.01 (15pm) of the statutes is created to read:

AB782,8,8 340.01 (15pm) "Electric personal assistive mobility device" means a self-balancing, 2-nontandem-wheeled device that is designed to transport only one person and which has an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.

AB782, s. 14 Section 14. 340.01 (43) of the statutes is amended to read:

AB782,8,13 340.01 (43) "Pedestrian" means any person afoot or any person in a wheelchair, either manually or mechanically propelled, or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person, but does not include any person using an electric personal assistive mobility device.

AB782, s. 15 Section 15. 340.01 (74) of the statutes is amended to read:

AB782,8,18 340.01 (74) "Vehicle" means every device in, upon , or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile or electric personal assistive mobility device shall not be considered a vehicle except for purposes made specifically applicable by statute.

AB782, s. 16 Section 16. 341.058 of the statutes is created to read:

AB782,8,22 341.058 Electric personal assistive mobility devices. Electric personal assistive mobility devices, even though operated upon a highway of this state, are exempt from registration.

AB782, s. 17 Section 17. 344.01 (2) (g) of the statutes is amended to read:

AB782,9,2 344.01 (2) (g) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except vehicles used exclusively upon stationary rails or tracks and except electric personal assistive mobility devices.

AB782, s. 18 Section 18. 346.02 (12) of the statutes is created to read:

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.