LRB-4363/2
TNF:kg:kjf
2001 - 2002 LEGISLATURE
January 22, 2002 - Introduced by Senator Breske, cosponsored by Representative
Stone. Referred to Committee on Insurance, Tourism, and Transportation.
SB393,2,2
1An Act to amend 23.117, 23.175 (2) (a), 23.33 (4) (d) 1. and 3., 29.001 (57), 59.84
2(2) (j), 66.1001 (2) (c), 83.42 (1), 84.60 (1) (a), 167.31 (1) (h), 194.01 (7), 287.81
3(1) (b), 340.01 (5e) and (5s), 340.01 (43), 340.01 (74), 344.01 (2) (g), 346.05 (1m),
4346.075 (title) and (1), 346.16 (2) (b), the unnumbered subchapter title
5preceding 346.23, 346.23, 346.24, 346.25, 346.28 (title) and (2), 346.30 (1) (b) 2.,
6346.34 (1) (b), 346.36 (2), 346.37 (1) (a) 2., (c) 2. and 3. and (d), 346.38 (1) and
7(2), 346.43 (1) (b) 2., 346.47 (1), 346.49 (1) (b), (1g) (b) and (2m) (b), 346.54 (1)
8(e), 346.60 (5), 346.71 (2), the unnumbered subchapter title preceding 346.77,
9346.80 (title) and (1), 346.80 (2) (a) (intro.), (b) and (c), 346.80 (3), 346.80 (4) and
10(5), 346.803 (title), (1) (intro.) and (a), (2) and (3), 346.804, 346.82 (title) and (1),
11346.94 (12), 346.95 (6), 347.245 (1), 347.489 and 779.41 (2); and
to create
12340.01 (15pm), 341.058, 346.02 (12), 346.16 (2) (am), 346.805, 346.94 (18),
13347.02 (1) (i), 349.015 and 349.236 of the statutes;
relating to: electric personal
1assistive mobility devices, granting rule-making authority, and providing
2penalties.
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:
SB393, s. 1
1Section
1. 23.117 of the statutes is amended to read:
SB393,4,2
223.117 Use of trails by bicycles and electric personal assistive mobility
3devices. (1) No person may operate a bicycle
or electric personal assistive mobility
4device on a trail in a state park or in the Kettle Moraine state forest unless the
1department has determined that the trail will be opened for use by bicycles
or electric
2personal assistive mobility devices and has posted the trail open for such use.
SB393,4,5
3(3) The department shall patrol on a regular basis the trails in state parks and
4in the Kettle Moraine state forest that are open to use by bicycles
or electric personal
5assistive mobility devices.
SB393,4,10
6(4) Any council that is created by the natural resources board under s. 15.04
7(1) (c) to advise the department on the opening of trails in state parks and in the
8Kettle Moraine state forest for use by bicycles
or electric personal assistive mobility
9devices shall have its recommendations regarding such use reviewed and approved
10by the natural resources board before they are implemented.
SB393, s. 2
11Section
2. 23.175 (2) (a) of the statutes is amended to read:
SB393,4,1412
23.175
(2) (a) Designate a system of state trails as part of the state park system
13for use by equestrians, bicyclists,
riders of electric personal assistive mobility
14devices, cross-country skiers or hikers.
SB393, s. 3
15Section
3. 23.33 (4) (d) 1. and 3. of the statutes are amended to read:
SB393,4,2116
23.33
(4) (d) 1. To cross a roadway. The crossing of a roadway is authorized only
17if the crossing is done in the most direct manner
practical practicable, if the crossing
18is made at a place where no obstruction prevents a quick and safe crossing
, and if the
19operator stops the all-terrain vehicle prior to the crossing and yields the
20right-of-way to other vehicles
and, pedestrians
, and electric personal assistive
21mobility devices using the roadway.
SB393,5,322
3. To cross a bridge, culvert
, or railroad right-of-way. The crossing of a bridge,
23culvert
, or railroad right-of-way is not authorized if the roadway is officially closed
24to all-terrain vehicle traffic. The crossing is authorized only if the crossing is done
25in the most direct manner
practical practicable, if the crossing is made at a place
1where no obstruction prevents a quick and safe crossing
, and if the operator stops the
2all-terrain vehicle prior to the crossing
and, pedestrians
, and electric personal
3assistive mobility devices using the roadway.
SB393, s. 4
4Section
4. 29.001 (57) of the statutes is amended to read:
SB393,5,95
29.001
(57) "Motor vehicle" means a self-propelled vehicle, including a
6combination of 2 or more vehicles or an articulated vehicle. "Motor vehicle" includes
7a snowmobile or an all-terrain vehicle. "Motor vehicle" does not include an aircraft
8or, a vehicle operated exclusively on rails
, or an electric personal assistive mobility
9device.
SB393, s. 5
10Section
5. 59.84 (2) (j) of the statutes is amended to read:
SB393,6,411
59.84
(2) (j)
Traffic types and speed limits. After an expressway project has
12been certified as completed, the public body having jurisdiction over the
13maintenance thereof shall have the power to regulate the type of vehicular use of
14such portion of the expressway except as limited by federal and state laws and
15regulations, and the power to fix speed limits thereon not in excess of the maximum
16speed limits for state trunk highways, and to provide and enforce reasonable
17penalties for infraction of such vehicular use regulation or speed limits.
18Notwithstanding s. 346.16 (2), the use of the expressways by pedestrians, mopeds,
19motor bicycles, motor scooters, bicycles,
electric personal assistive mobility devices, 20funeral processions,
and animals on foot and the hauling of oversized equipment
21without special permit shall be prohibited when an ordinance in conformity with this
22section
and, with respect to prohibiting the use of electric personal assistive mobility
23devices, in conformity with s. 349.236 (1) (a) or (b) is enacted by the board, but a
24forfeiture provided therein shall not exceed the maximum forfeiture under s. 346.17
25(2). The board may not prohibit the towing of disabled vehicles on expressways,
1except that the board may prohibit the towing of disabled vehicles during the peak
2hours of 7 a.m. to 9 a.m. and 4 p.m. to 6:30 p.m. as established under county
3ordinance and except that the board may establish procedures for and may contract
4for the towing of vehicles which have become disabled on the expressway.
SB393, s. 6
5Section
6. 66.1001 (2) (c) of the statutes is amended to read:
SB393,6,176
66.1001
(2) (c)
Transportation element. A compilation of objectives, policies,
7goals, maps and programs to guide the future development of the various modes of
8transportation, including highways, transit, transportation systems for persons
9with disabilities, bicycles,
electric personal assistive mobility devices, walking,
10railroads, air transportation, trucking and water transportation. The element shall
11compare the local governmental unit's objectives, policies, goals and programs to
12state and regional transportation plans. The element shall also identify highways
13within the local governmental unit by function and incorporate state, regional and
14other applicable transportation plans, including transportation corridor plans,
15county highway functional and jurisdictional studies, urban area and rural area
16transportation plans, airport master plans and rail plans that apply in the local
17governmental unit.
SB393, s. 7
18Section
7. 83.42 (1) of the statutes is amended to read:
SB393,6,2519
83.42
(1) Purpose. In order to create and preserve rustic and scenic roads for
20vehicular, bicycle
, electric personal assistive mobility device, and pedestrian travel
21in unhurried, quiet and leisurely enjoyment; to protect and preserve recreational
22driving, culture, beauty, trees, vegetation and wildlife by establishing protective
23standards of rustic road design, access, speed, maintenance and identification,
24which will promote a continuous system of rustic roads and scenic easements for the
25public health and welfare; a state system of rustic roads is created.
SB393, s. 8
1Section
8. 84.60 (1) (a) of the statutes is amended to read:
SB393,7,62
84.60
(1) (a) "Bikeway" means a public path, trail, lane or other way, including
3structures, traffic control devices and related support facilities and parking areas,
4designated for use by bicycles
, electric personal assistive mobility devices, and other
5vehicles propelled by human power. The term also includes "bicycle lane" as defined
6in s. 340.01 (5e) and "bicycle way" as defined in s. 340.01 (5s).
SB393, s. 9
7Section
9. 167.31 (1) (h) of the statutes is amended to read:
SB393,7,128
167.31
(1) (h) "Vehicle" has the meaning given
under in s. 340.01 (74), and
9includes a snowmobile, as defined
under in s. 340.01 (58a),
and an electric personal
10assistive mobility device, as defined in s. 340.01 (15pm), except that for purposes of
11subs. (4) (c) and (cg) and (4m) "vehicle" has the meaning given for "motor vehicle" in
12s. 29.001 (57).
SB393, s. 10
13Section
10. 194.01 (7) of the statutes is amended to read:
SB393,7,1714
194.01
(7) "Motor vehicle" means any automobile, truck, trailer, semitrailer,
15tractor, motor bus or any self-propelled or motor driven vehicle, except a motorcycle,
16moped, motor bicycle
, electric personal assistive mobility device, or
a vehicle
17operated on rails.
SB393, s. 11
18Section
11. 287.81 (1) (b) of the statutes is amended to read:
SB393,7,2019
287.81
(1) (b) "Vehicle" has the meaning given in s. 340.01 (74)
, and includes
20an electric personal assistive mobility device, as defined in s. 340.01 (15pm).
SB393, s. 12
21Section
12. 340.01 (5e) and (5s) of the statutes are amended to read:
SB393,7,2522
340.01
(5e) "Bicycle lane" means that portion of a roadway set aside by the
23governing body of any city, town, village
, or county for the exclusive use of bicycles
,
24electric personal assistive mobility devices, or other modes of travel where permitted
25under s. 349.23 (2) (a), and so designated by appropriate signs and markings.
SB393,8,3
1(5s) "Bicycle way" means any path or sidewalk or portion thereof designated
2for the use of bicycles
and electric personal assistive mobility devices by the
3governing body of any city, town, village
, or county.
SB393, s. 13
4Section
13. 340.01 (15pm) of the statutes is created to read:
SB393,8,85
340.01
(15pm) "Electric personal assistive mobility device" means a
6self-balancing, 2-nontandem-wheeled device that is designed to transport only one
7person and which has an electric propulsion system that limits the maximum speed
8of the device to 15 miles per hour or less.
SB393, s. 14
9Section
14. 340.01 (43) of the statutes is amended to read:
SB393,8,1310
340.01
(43) "Pedestrian" means any person afoot or any person in a wheelchair,
11either manually or mechanically propelled, or other low-powered, mechanically
12propelled vehicle designed specifically for use by a physically disabled person
, but
13does not include any person using an electric personal assistive mobility device.
SB393, s. 15
14Section
15. 340.01 (74) of the statutes is amended to read:
SB393,8,1815
340.01
(74) "Vehicle" means every device in, upon
, or by which any person or
16property is or may be transported or drawn upon a highway, except railroad trains.
17A snowmobile
or electric personal assistive mobility device shall not be considered
18a vehicle except for purposes made specifically applicable by statute.
SB393, s. 16
19Section
16. 341.058 of the statutes is created to read:
SB393,8,22
20341.058 Electric personal assistive mobility devices. Electric personal
21assistive mobility devices, even though operated upon a highway of this state, are
22exempt from registration.
SB393, s. 17
23Section
17. 344.01 (2) (g) of the statutes is amended to read:
SB393,9,224
344.01
(2) (g) "Vehicle" means every device in, upon
, or by which any person
25or property is or may be transported or drawn upon a highway, except vehicles used
1exclusively upon stationary rails or tracks
and except electric personal assistive
2mobility devices.
SB393, s. 18
3Section
18. 346.02 (12) of the statutes is created to read:
SB393,9,124
346.02
(12) Applicability to electric personal assistive mobility devices. An
5electric personal assistive mobility device shall be considered a vehicle for purposes
6of ss. 346.04 to 346.10, 346.12, 346.13, 346.15, 346.16, 346.18, 346.19, 346.20, 346.23
7to 346.28, 346.31 to 346.35, 346.37 to 346.40, 346.44, 346.46, 346.47, 346.48, 346.50
8to 346.55, 346.57, 346.59, 346.62, 346.65 (5m), 346.67 to 346.70, 346.78, 346.80,
9346.87, 346.88, 346.90, 346.91, and 346.94 (4), (5), (9), and (10), except those
10provisions which by their express terms apply only to motor vehicles or which by
11their very nature would have no application to electric personal assistive mobility
12devices.
SB393, s. 19
13Section
19. 346.05 (1m) of the statutes is amended to read:
SB393,9,1714
346.05
(1m) Notwithstanding sub. (1), any person operating a bicycle
or
15electric personal assistive mobility device may ride on the shoulder of a highway
16unless such riding is prohibited by the authority in charge of the maintenance of the
17highway.
SB393, s. 20
18Section
20. 346.075 (title) and (1) of the statutes are amended to read:
SB393,9,25
19346.075 (title)
Overtaking and passing bicycles, electric personal
20assistive mobility devices, and motor buses. (1) The operator of a motor vehicle
21overtaking a bicycle
or electric personal assistive mobility device proceeding in the
22same direction shall exercise due care, leaving a safe distance, but in no case less
23than 3 feet clearance when passing the bicycle
or electric personal assistive mobility
24device, and shall maintain clearance until safely past the overtaken bicycle
or
25electric personal assistive mobility device.
SB393, s. 21
1Section
21. 346.16 (2) (am) of the statutes is created to read: