23.33(5)(d)
(d)
Safety certification program established. The department shall establish or supervise the establishment of a program of instruction on all-terrain vehicle laws, including the intoxicated operation of an all-terrain vehicle law, regulations, safety and related subjects. The department shall establish by rule an instruction fee for this program. An instructor conducting the program of instruction under this paragraph shall collect the fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department.
23.33(5m)(a)(a) The department shall establish a program to award grants to organizations that meet the eligibility requirements under
par. (b).
23.33(5m)(b)
(b) To be eligible for a grant under this subsection, an organization shall meet all of the following requirements:
23.33(5m)(b)1.
1. The organization is a nonstock corporation organized in this state.
23.33(5m)(b)2.
2. The organization promotes the operation of all-terrain vehicles in a manner that is safe and responsible and that does not harm the environment.
23.33(5m)(b)3.
3. The organization promotes the operation of all-terrain vehicles in a manner that does not conflict with the laws, rules, and departmental policies that relate to the operation of all-terrain vehicles.
23.33(5m)(b)4.
4. The interest of the organization is limited to the recreational operation of all-terrain vehicles on all-terrain vehicle trails and other areas that are off the highways.
23.33(5m)(b)5.
5. The organization has a board of directors that has a majority of members who are representatives of all-terrain vehicle clubs.
23.33(5m)(b)6.
6. The organization provides support to all-terrain vehicle clubs.
23.33(5m)(c)
(c) An organization receiving a grant under this subsection shall use the grant moneys to promote and provide support to the program established under
sub. (5) by conducting activities that include all of the following:
23.33(5m)(c)1.
1. Collecting data on the recreational operation of all-terrain vehicles off the highways.
23.33(5m)(c)2.
2. Providing assistance to the department in locating, recruiting, and training instructors for the program established under
sub. (5) (d).
23.33(5m)(c)3.
3. Attempting to increase participation by current and future all-terrain vehicle operators and owners in the program established under
sub. (5) (d).
23.33(5m)(c)4.
4. Assisting the department of natural resources and the department of tourism in creating an outreach program to inform local communities of appropriate all-terrain vehicle use in their communities and of the economic benefits that may be gained from promoting tourism to attract all-terrain vehicle operators.
23.33(5m)(c)5.
5. Attempting to improve and maintain its relationship with the department of natural resources, the department of tourism, all-terrain vehicle dealers, all-terrain vehicle manufacturers, snowmobile clubs, as defined in
s. 350.138 (1) (e), snowmobile alliances, as defined in
s. 350.138 (1) (d), and other organizations that promote the recreational operation of snowmobiles.
23.33(5m)(c)6.
6. Recruiting, assisting in the training of, and providing support to a corps of volunteers that will assist in providing instruction on the safe and responsible operation of all-terrain vehicles that is given in the field to all-terrain vehicle operators.
23.33(5m)(c)7.
7. Publishing a manual in cooperation with the department that shall be used to train volunteers in monitoring the recreational operation of all-terrain vehicles for safety issues and other issues that relate to the responsible operation of all-terrain vehicles.
23.33(6)(a)(a) A person who operates an all-terrain vehicle during hours of darkness or during daylight hours on any highway right-of-way is required to display a lighted headlamp and tail lamp on the all-terrain vehicle.
23.33(6)(b)
(b) The headlamp on an all-terrain vehicle is required to display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle.
23.33(6)(c)
(c) The tail lamp on an all-terrain vehicle is required to display a red light plainly visible during hours of darkness from a distance of 500 feet to the rear.
23.33(6)(d)
(d) Every all-terrain vehicle is required to be equipped with at least one brake operated either by hand or by foot.
23.33(6)(e)
(e) Every all-terrain vehicle is required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester of a type approved by the U.S. forest service.
23.33(7)(a)(a) If an accident results in the death of any person or in the injury of any person which requires the treatment of the person by a physician, the operator of each all-terrain vehicle involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and shall file a written report of the accident with the department on the form provided by it within 10 days after the accident.
23.33(7)(b)
(b) If the operator of an all-terrain vehicle is physically incapable of making the report required by this subsection and there was another witness to the accident capable of making the report, the witness may make the report.
23.33(8)(a)(a)
Department authority. The department shall encourage and supervise a system of all-terrain vehicle routes and trails. The department may establish standards and procedures for certifying the designation of all-terrain vehicle routes and trails.
23.33(8)(b)
(b)
Routes. A town, village, city or county may designate highways as all-terrain vehicle routes. No state trunk highway or connecting highway may be designated as an all-terrain vehicle route unless the department of transportation approves the designation.
23.33(8)(c)
(c)
Trails. A town, village, city, county or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements or permission, for use as all-terrain vehicle trails.
23.33(8)(d)
(d)
Restrictions. The designating authority may specify effective periods for the use of all-terrain vehicle routes and trails and may restrict or prohibit the operation of an all-terrain vehicle during certain periods of the year.
23.33(8)(e)
(e)
Signs. The department, in cooperation with the department of transportation, shall establish uniform all-terrain vehicle route and trail signs and standards.
23.33(8)(f)
(f)
Interference with signs and standards prohibited. 23.33(8)(f)1.1. No person may intentionally remove, damage, deface, move or obstruct any uniform all-terrain vehicle route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain vehicle route or trail sign or standards if the sign or standard is legally placed by the state, any municipality or any authorized individual.
23.33(8)(f)2.
2. No person may possess any uniform all-terrain vehicle route or trail sign or standard of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform all-terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard creates a rebuttable presumption of illegal possession.
23.33(9)
(9) Administration; enforcement; aids. 23.33(9)(a)(a)
Enforcement. The department may utilize moneys received under
sub. (2) for all-terrain vehicle registration aids administration and for the purposes specified under
s. 20.370 (3) (as) and
(5) (er) including costs associated with enforcement, safety education, accident reports and analysis, law enforcement aids to counties, and other similar costs in administering and enforcing this section.
23.33(9)(b)
(b)
All-terrain vehicle projects. Any of the following all-terrain vehicle projects are eligible for funding as a state all-terrain vehicle project from the appropriation account under
s. 20.370 (1) (ms) or for aid as a nonstate all-terrain vehicle project from the appropriation accounts under
s. 20.370 (5) (ct) and
(cu):
23.33(9)(b)1.
1. Acquisition of an easement or land in fee simple.
23.33(9)(b)2.
2. An all-terrain vehicle facility such as a parking area, riding area, shelter, toilets or other improvement.
23.33(9)(b)3.
3. Development of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(b)4.
4. Development or maintenance of a snowmobile route or trail or an off-the-road motorcycle trail or facility if the route, trail or facility is open for use by all-terrain vehicles.
23.33(9)(b)5.
5. Maintenance of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(c)
(c)
Signs. In addition to the projects listed in
par. (b), the department may provide aid under this subsection to a town, village, city or county for up to 100% of the cost of placing signs developed under
sub. (4z) (a) 2.
23.33(10)
(10) Liability of landowners. Section 895.52 applies to this section.
23.33(11)(a)(a) Counties, towns, cities and villages may enact ordinances regulating all-terrain vehicles on all-terrain vehicle trails maintained by or on all-terrain vehicle routes designated by the county, city, town or village.
23.33(11)(am)
(am) Any county, town, city or village may enact an ordinance which is in strict conformity with this section and rules promulgated by the department under this section, if the ordinance encompasses all aspects encompassed by this section.
23.33(11)(b)
(b) If a county, town, city or village adopts an ordinance regulating all-terrain vehicles, its clerk shall immediately send a copy of the ordinance to the department and to the office of any law enforcement agency of the municipality or county having jurisdiction over any highway designated as an all-terrain vehicle route.
23.33(12)(a)(a) An officer of the state traffic patrol under
s. 110.07 (1), inspector under
s. 110.07 (3), conservation warden appointed by the department under
s. 23.10, county sheriff or municipal peace officer has authority and jurisdiction to enforce this section and ordinances enacted in conformity with this section.
23.33(12)(b)
(b) No operator of an all-terrain vehicle may refuse to stop after being requested or signaled to do so by a law enforcement officer.
23.33(13)(a)(a)
Generally. Except as provided in
pars. (am) to
(e), any person who violates this section shall forfeit not more than $250.
23.33(13)(am)
(am)
Penalty related to interference with signs and standards. Except as provided in
par. (cg), a person who violates
sub. (8) (f) and who, within the last 2 years prior to the arrest for the current violation, was 2 or more times previously convicted for violating a provision of this chapter shall forfeit not more than $500.
23.33(13)(b)
(b)
Penalties related to prohibited operation of an all-terrain vehicle; intoxicants; refusal. 23.33(13)(b)2.
2. Except as provided under
subd. 3., a person who violates
sub. (4c) (a) 1. or
2. or
(4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an all-terrain vehicle law or the refusal law shall be fined not less than $300 nor more than $1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
23.33(13)(b)3.
3. A person who violates
sub. (4c) (a) 1. or
2. or
(4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an all-terrain vehicle law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.
23.33(13)(c)
(c)
Penalties related to causing injury; intoxicants. A person who violates
sub. (4c) (b) shall be fined not less than $300 nor more than $2,000 and may be imprisoned not less than 30 days nor more than one year in the county jail.
23.33(13)(cg)
(cg)
Penalties related to causing death or injury; interference with signs and standards. A person who violates
sub. (8) (f) 1. is guilty of a Class H felony if the violation causes the death or injury, as defined in
s. 30.67 (3) (b), of another person.
Effective date note
NOTE: Par. (cg) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(cg) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (8) (f) 1. shall be fined not more than $10,000 or imprisoned for not more than 3 years or both if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.
23.33(13)(cm)
(cm)
Sentence of detention. The legislature intends that courts use the sentencing option under
s. 973.03 (4) whenever appropriate for persons subject to
par. (b) 2. or
3. or
(c). The use of this option can result in significant cost savings for the state and local governments.
23.33(13)(d)
(d)
Calculation of previous convictions. In determining the number of previous convictions under
par. (b) 2. and
3., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.
23.33(13)(dm)
(dm)
Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an all-terrain vehicle law, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.
23.33(13)(e)
(e) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates
sub. (4c) (a) or
(b) or
(4p) (e) or who violates
s. 940.09 or
940.25 if the violation involves the operation of an all-terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. The assessment order shall comply with
s. 343.30 (1q) (c) 1. a. to
c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under
ch. 785.
23.33(13)(f)
(f)
Restoration or replacement of signs and standards. In addition to any other penalty, the court may order the defendant to restore or replace any uniform all-terrain vehicle route or trail sign or standard that the defendant removed, damaged, defaced, moved or obstructed.
23.33 History
History: 1985 a. 29;
1987 a. 200,
353,
399,
403;
1989 a. 31,
275,
359;
1991 a. 39,
303,
315;
1993 a. 16,
105,
119,
405;
1995 a. 27 ss.
1350 to
1351,
9126 (19);
1995 a. 436,
448;
1997 a. 27,
248,
283;
1999 a. 9;
2001 a. 16,
90,
106,
109.
23.33 Cross-reference
Cross Reference: See also ch.
NR 64, Wis. adm. code.
23.33 Annotation
County forest roads open to vehicular traffic are highways that can be designated as routes under sub. (8) (b).
77 Atty. Gen. 52.
23.35
23.35
Reciprocal registration exemption agreements for federally recognized American Indian tribes and bands. 23.35(1)(1) The secretary shall enter into a reciprocal agreement with a federally recognized American Indian tribe or band in this state to exempt, from the registration and certification requirements of this state, boats, snowmobiles and all-terrain vehicles that are owned by tribal or band members and registered under a registration program established by the tribe or band if the tribe or band requests the agreement and if the registration program does all of the following:
23.35(1)(a)
(a) Requires that boats, snowmobiles and all-terrain vehicles display decals or identification numbers showing valid registration by the tribe or band.
23.35(1)(b)
(b) Employs registration decals and certificates of number that are substantially similar to those employed by the registration or certification programs of this state with regard to size, legibility, information content and placement on the boat, snowmobile or all-terrain vehicle.
23.35(1)(c)
(c) Employs a sequential numbering system that includes a series of letters or initials that identify the tribe or band issuing the registration.
23.35(1)(d)
(d) Provides all registration information to this state in one of the following ways:
23.35(1)(d)1.
1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement, for incorporation into the registration records of this state, within one working day of the addition, change or deletion.
23.35(1)(d)2.
2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.
23.35(1)(e)
(e) Provides reciprocal exemptions, from the tribe's or band's registration requirements, for boats, snowmobiles and all-terrain vehicles registered or certified by this state that are substantially as favorable as the exemptions enjoyed by the tribe or the band under the agreement. In this paragraph, "reciprocal exemption" means an exemption under the agreement that exempts from a tribe's or band's registration requirements, for operation within the boundaries of the tribe's or band's reservation, a boat, snowmobile or all-terrain vehicle that is owned by a person who is not a member of the tribe or band and that is registered or certified by this state to the same extent that the agreement exempts from state registration and certification requirements, for the operation outside the boundaries of the tribe's or band's reservation, a boat, snowmobile or all-terrain vehicle that is registered by the tribe or band.
23.35(2)
(2) An agreement entered into under
sub. (1) may cover a registration program for boats, snowmobiles or all-terrain vehicles or any combination thereof.
23.35 History
History: 1993 a. 405.
23.38
23.38
Natural resources law violation hotline. 23.38(1)
(1) The department shall maintain a toll-free telephone number at department headquarters to receive reports of violations of any statute or administrative rule that the department enforces or administers. The department shall relay these reports to the appropriate warden or officer for investigation and enforcement action. The department shall publicize the toll-free telephone number as widely as possible in the state.
23.38(2)
(2) The department shall maintain records which permit the release of information provided by informants while protecting the identity of the informant. Any records maintained by the department which relate to the identity of informants shall be only for the confidential use of the department in the administration of this section, unless the informant expressly agrees to release the records. Appearance in court as a witness shall not be considered consent by an informant to release confidential records maintained by the department.
