Feed for /2011/related/proposals/ab206 PDF
2011 - 2012 LEGISLATURE
July 25, 2011 - Introduced by Representatives Bies, Petrowski, Brooks and
Spanbauer. Referred to Committee on Transportation.
AB206,1,3 1An Act to amend 346.89 (1), 346.89 (2) and 346.95 (1); and to create 346.89 (4)
2and 346.89 (5) of the statutes; relating to: inattentive driving and providing
3a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving in three forms:
1. A driver of a motor vehicle may not be so engaged or occupied as to interfere
with the safe driving of the vehicle.
2. A person may not drive a motor vehicle equipped with any device for
receiving a television broadcast if the device is located forward of the back of the
driver's seat or is visible to the driver, regardless of whether the device interferes
with the safe driving of the vehicle.
3. A person may not drive a motor vehicle while composing or sending an
electronic text message or an electronic mail message, subject to limited exceptions.
Any person who is convicted of a violation described in item 1. or 3., above, may
be required to forfeit not less than $20 nor more than $400, and any person who is
convicted of a violation described in item 2., above, may be required to forfeit not less
than $20 nor more than $40 for a first offense and not less than $50 nor more than
$100 for a second or subsequent offense within one year.
This bill modifies the existing forms of inattentive driving described in items
1. and 2., above, and creates a fourth form of inattentive driving. The bill modifies
the violation described in item 1., above, to prohibit a driver of a motor vehicle from
being engaged or occupied with an activity, other than driving the vehicle, that

interferes or reasonably appears to interfere with the person's ability to drive the
vehicle safely. The bill also modifies the violation described in item 2., above, by
expanding the prohibition to include devices for visually displaying live or recorded
cable television and satellite broadcasts, films, or other fluctuating video images, but
also limits the prohibition by excluding certain vehicles and devices.
The bill also creates a fourth form of inattentive driving prohibiting a person
from driving a motor vehicle while operating or being in a position to directly observe
any electronic device located within the vehicle that is activated and that is
transmitting information or providing entertainment primarily by visual means,
regardless of whether the device interferes with the safe driving of the vehicle. This
prohibition does not apply to certain vehicles and devices and does not apply if the
third form of inattentive driving described in item 3., above, including its exceptions,
is applicable. Any person who is convicted of a violation of this prohibition is subject
to the same forfeiture that applies to a violation described in item 2., above, under
current law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB206, s. 1 1Section 1. 346.89 (1) of the statutes is amended to read:
AB206,2,52 346.89 (1) No person while driving a motor vehicle shall be so may be engaged
3or occupied as with an activity, other than driving the vehicle, that interferes or
4reasonably appears
to interfere with the safe driving of such vehicle person's ability
5to drive the vehicle safely
.
AB206, s. 2 6Section 2. 346.89 (2) of the statutes is amended to read:
AB206,2,147 346.89 (2) No Subject to sub. (5), no person shall may drive any motor vehicle,
8other than an authorized emergency vehicle, a commercial motor vehicle described
9in s. 340.01 (8), or a tow truck,
equipped with any device for visually receiving
10displaying a television, cable television, or satellite broadcast when such device is
11located in the motor vehicle at any point forward of the back of the operator's seat
12or
, film, or other fluctuating video image, whether in broadcast, tape-recorded, or
13optically or electronically recorded format,
when the display for such device is visible
14to the operator while driving the motor vehicle.
AB206, s. 3
1Section 3. 346.89 (4) of the statutes is created to read:
AB206,3,82 346.89 (4) Subject to subs. (3) and (5), no person while driving a motor vehicle,
3other than an authorized emergency vehicle, a commercial motor vehicle described
4in s. 340.01 (8), or a tow truck, may operate or be in a position to directly observe any
5electronic device located within the vehicle that is activated and that is transmitting
6information or providing entertainment primarily by visual means. This subsection
7does not prohibit a person from using a cellular telephone for purposes of verbal
8communication.
AB206, s. 4 9Section 4. 346.89 (5) of the statutes is created to read:
AB206,3,1010 346.89 (5) Subsections (2) and (4) do not apply to any of the following:
AB206,3,1211 (a) Any global positioning system device installed or mounted, either
12permanently or temporarily, in the vehicle.
AB206,3,1513 (b) The display by any device of information related to the operation, condition,
14or safety of the vehicle or that is intended to be used to enhance the driver's view
15forward, behind, or to the sides of a motor vehicle.
AB206,3,1716 (c) The display by any device of information related to traffic, road, or weather
17conditions.
AB206,3,1918 (d) Any device in a vehicle that permits the vehicle driver to monitor vehicle
19occupants seated rearward of the driver.
AB206, s. 5 20Section 5. 346.95 (1) of the statutes is amended to read:
AB206,3,2421 346.95 (1) Any person violating s. 346.87, 346.88, 346.89 (2) or (4), 346.90 to
22346.92 or 346.94 (1), (9), (10), (11), (12) or (15) may be required to forfeit not less than
23$20 nor more than $40 for the first offense and not less than $50 nor more than $100
24for the 2nd or subsequent conviction within a year.
AB206, s. 6 25Section 6. Initial applicability.
AB206,4,3
1(1) This act first applies to violations committed on the effective date of this
2subsection, but does not preclude the counting of other violations as prior violations
3for purposes of sentencing a person.
AB206, s. 7 4Section 7. Effective date.
AB206,4,65 (1) This act takes effect on the first day of the 4th month beginning after
6publication.
AB206,4,77 (End)
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