SB393: Bill Text

SB393,19,8 346.803 (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:

SB393,19,11 (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.

SB393,19,14 (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.

SB393,19,17 (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.

SB393, s. 45 Section 45. 346.804 of the statutes is amended to read:

SB393,19,23 346.804 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.

SB393, s. 46 Section 46. 346.805 of the statutes is created to read:

SB393,20,7 346.805 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.

SB393, s. 47 Section 47. 346.82 (title) and (1) of the statutes are amended to read:

SB393,20,11 346.82 (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.

SB393, s. 48 Section 48. 346.94 (12) of the statutes is amended to read:

SB393,20,19 346.94 (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.

SB393, s. 49 Section 49. 346.94 (18) of the statutes is created to read:

SB393,20,24 346.94 (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.

SB393,21,5 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.

SB393,21,8 (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.

SB393, s. 50 Section 50. 346.95 (6) of the statutes is amended to read:

SB393,21,12 346.95 (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.

SB393, s. 51 Section 51. 347.02 (1) (i) of the statutes is created to read:

SB393,21,14 347.02 (1) (i) Electric personal assistive mobility devices.

SB393, s. 52 Section 52. 347.245 (1) of the statutes is amended to read:

SB393,22,7 347.245 (1) After January 1, 1970, no person may operate on a highway, day or night, any vehicle or equipment, any animal-drawn vehicle, or any other machinery, including all road machinery, that usually travel travels at speeds of less than 25 miles per hour or any vehicle operated under a special restricted operator's license issued under s. 343.135, unless there is displayed on the most practicable visible rear area of the vehicle or combination of vehicles, a slow moving vehicle (SMV) emblem as described in and displayed as provided in sub. (2). Any towed vehicle or machine is exempt from this provision if the towing vehicle is visible from the rear and is in compliance with this section. All road machinery is excluded when it is engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs. Except as provided in s. 347.21 (1), the requirement of the emblem shall be in addition to any lighting devices required or permitted by law. Mopeds and motor bicycles are excluded from the provisions of this section unless they are operated under a special restricted operator's license issued under s. 343.135. Electric personal assistive mobility devices are excluded from the provisions of this section. The SMV emblem need not be displayed on vehicles moving directly across the highway.

SB393, s. 53 Section 53. 347.489 of the statutes is amended to read:

SB393,22,24 347.489 Lamps and other equipment on bicycles and, motor bicycles, and electric personal assistive mobility devices. (1) No person may operate a bicycle or, motor bicycle, or electric personal assistive mobility device upon a highway, sidewalk, bicycle lane, or bicycle way during hours of darkness unless the bicycle or, motor bicycle, or electric personal assistive mobility device is equipped with or, with respect to a bicycle or motor bicycle, the operator is wearing, a lamp emitting a white light visible from a distance of at least 500 feet to the front of the bicycle or, motor bicycle, or electric personal assistive mobility device. A bicycle or, motor bicycle, or electric personal assistive mobility device shall also be equipped with a red reflector that has a diameter of at least 2 inches of surface area or, with respect to an electric personal assistive mobility device, that is a strip of reflective tape that has at least 2 square inches of surface area, on the rear so mounted and maintained as to be visible from all distances from 50 to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red or flashing amber light visible from a distance of 500 feet to the rear may be used in addition to but not in lieu of the red reflector.

SB393,23,5 (2) No person may operate a bicycle or, motor bicycle, or electric personal assistive mobility device upon a highway, bicycle lane, or bicycle way unless it is equipped with a brake in good working condition, adequate to control the movement of and to stop the bicycle or, motor bicycle, or electric personal assistive mobility device whenever necessary.

SB393,23,8 (3) No bicycle or, motor bicycle, or electric personal assistive mobility device may be equipped with nor may any person riding upon a bicycle or, motor bicycle, or electric personal assistive mobility device use any siren or compression whistle.

SB393, s. 54 Section 54. 349.015 of the statutes is created to read:

SB393,23,14 349.015 Applicability of chapter to electric personal assistive mobility devices. An electric personal assistive mobility device shall be considered a vehicle for purposes of this chapter, 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.

SB393, s. 55 Section 55. 349.236 of the statutes is created to read:

SB393,23,18 349.236 Authority to regulate operation of electric personal assistive mobility devices. (1) The governing body of any municipality or county may, by ordinance, do any of the following:

SB393,23,23 (a) Prohibit the operation of electric personal assistive mobility devices on all roadways under its jurisdiction having a speed limit of more than 25 miles per hour or only on certain roadways, or portions of such roadways, under its jurisdiction having a speed limit of more than 25 miles per hour that are designated in the ordinance.

SB393,24,3 (b) Prohibit the operation of electric personal assistive mobility devices on all sidewalks under its jurisdiction or only on certain sidewalks, or portions of such sidewalks, under its jurisdiction that are designated in the ordinance. This paragraph does not apply to the operation of such devices on any sidewalk at a permanent or temporarily established driveway.

SB393,24,9 (c) Designate and mark locations for electric personal assistive mobility devices to cross a state trunk highway or connecting highway that is not a controlled-access highway and on which the department has prohibited the operation of electric personal assistive mobility devices under s. 346.94 (18) (a) 2. A municipality or county may erect official signs or otherwise mark a crossing designated under this paragraph only as directed by the department.

SB393,24,13 (2) Except as otherwise provided in this chapter, ch. 346, and s. 59.84 (2) (j), the governing body of any municipality or county may not restrict the operation of electric personal assistive mobility devices on any roadway or sidewalk under its jurisdiction.

SB393, s. 56 Section 56. 779.41 (2) of the statutes is amended to read:

SB393,24,24 779.41 (2) Every keeper of a garage or repair shop who alters, repairs, or does any work on any detached accessory, fitting, or part of an automobile, a truck, a motorcycle, a moped, a motor bicycle or similar motor vehicle or, a bicycle , or an electric personal assistive mobility device, at the request of the owner or legal possessor thereof, shall have a lien upon and may retain possession of any such accessory, fitting, or part until the charges for such alteration, repairing, or other work have been paid. If the detached article becomes attached to such motor vehicle or, bicycle, or electric personal assistive mobility device while in the possession of the keeper, the keeper has a lien on the motor vehicle or , bicycle, or electric personal assistive mobility device under sub. (1).

SB393, s. 57 Section 57. Initial applicability.

SB393,25,5 (1) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other convictions as prior convictions for purposes of administrative action by the department of transportation, sentencing by a court, or revocation or suspension of motor vehicle operating privileges.

SB393,25,6 (End)