AB265: Bill Text

Current law generally prohibits automobiles and other motor vehicles from being operated on a highway with tires that have metal in contact with the roadway, except for tire chains and certain wire-embedded tires. Current law also generally prohibits other vehicles, including nonmotorized vehicles, from being operated on a highway if the vehicle has on the periphery of its tires any stud, flange, cleat, or other protuberance of any material other than rubber which projects beyond the tire tread. However, there are various exceptions, including an exception for farm tractors, self-propelled farm implements, implements of husbandry, animal-drawn vehicles, and road machinery, which may be operated with metal tires or tires having protuberances that will not injure the highway. In addition, current law prohibits a person from driving a vehicle equipped with metal tires at a speed in excess of 15 miles per hour.

This bill adds bicycles to the exception allowing a vehicle to be operated with metal tires or tires having protuberances that will not injure the highway. The bill also exempts bicycles from the 15 miles per hour speed limit for vehicles equipped with metal tires.

Current law considers mopeds as bicycles for the purpose of parking, allowing them to be parked on sidewalks and in bicycle parking areas.

This bill allows municipalities to enact ordinances considering mopeds as motorcycles rather than bicycles for the purpose of parking, allowing municipalities to prohibit moped parking on sidewalks and in bicycle parking areas. The bill also allows mopeds to be parked like motorcycles in parking spaces.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB265, s. 1 Section 1. 340.01 (5) of the statutes is amended to read:

AB265,3,3 340.01 (5) "Bicycle" means every vehicle propelled by the feet or hands acting upon pedals and having wheels any 2 of which are not less than 14 inches in diameter.

AB265, s. 2 Section 2. 346.09 (1) of the statutes is amended to read:

AB265,3,16 346.09 (1) Upon any roadway where traffic is permitted to move in both directions simultaneously, the operator of a vehicle shall not drive to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be done in safety. In no case when overtaking and passing on a roadway divided into 4 or more clearly indicated lanes shall the operator of a vehicle drive to the left of the pavement marking indicating allocation of lanes to vehicles moving in the opposite direction or, in the absence of such marking, to the left of the center of the roadway. In Except as provided in sub. (3) (b), in no case shall the operator of a vehicle drive in a lane when signs or signals indicate that such lane is allocated exclusively to vehicles moving in the opposite direction.

AB265, s. 3 Section 3. 346.09 (3) of the statutes is renumbered 346.09 (3) (a) and amended to read:

AB265,4,3 346.09 (3) (a) The Except as provided in par. (b), the operator of a vehicle shall not drive on the left side of the center of a roadway on any portion thereof which has been designated a no-passing zone, either by signs or by a yellow unbroken line on the pavement on the right-hand side of and adjacent to the center line of the roadway, provided such signs or lines would be clearly visible to an ordinarily observant person.

AB265, s. 4 Section 4. 346.09 (3) (b) of the statutes is created to read:

AB265,4,8 346.09 (3) (b) The operator of a vehicle may drive on the left side of the center of a roadway on any portion thereof which has been designated a no-passing zone, as described in par. (a), to overtake and pass, with care, any vehicle traveling at a speed significantly less than the normal speed of traffic at the place of passing.

AB265, s. 5 Section 5. 346.35 (intro.) of the statutes is amended to read:

AB265,4,17 346.35 Method of giving signals on turning and stopping. (intro.) Whenever a stop or turn signal is required by s. 346.34, such signal may in any event be given by a signal lamp or lamps of a type meeting the specifications set forth in s. 347.15. Except as provided in s. 347.15 (3m), such signals also may be given by the hand and arm in lieu of or in addition to signals by signal lamp. When given by hand and arm, such signals, except signals by the operator of a bicycle, who may use either hand and arm, shall be given from the left side of the vehicle in the following manner and shall indicate as follows:

AB265, s. 6 Section 6. 346.54 (1) (cm) of the statutes is amended to read:

AB265,4,23 346.54 (1) (cm) 1. In a parallel parking area, a Type 1 motorcycle or moped may park at an angle. If parallel parking spaces are not indicated by markers, no Type 1 motorcycle or moped may be parked within 2 feet of another vehicle. Where a parallel parking space is indicated by a marker or where angle parking is authorized, up to 3 Type 1 motorcycles or mopeds may park in the space.

AB265,5,3 2. Up to 3 Type 1 motorcycles or mopeds may be parked in a parking space where a parking meter has been installed unless the space is restricted by official traffic sign or marker to a single motorcycle or moped. The operator of each Type 1 motorcycle or moped parked in a single space regulated by a parking meter shall receive a citation for any violation of a time restriction.

AB265, s. 7 Section 7. 346.54 (1) (e) of the statutes is amended to read:

AB265,5,10 346.54 (1) (e) For Except as provided in par. (cm) and s. 349.13 (6), for the purpose of parking, mopeds and electric personal assistive mobility devices shall be considered bicycles. Where possible without impeding the flow of pedestrian traffic, a bicycle, moped, or electric personal assistive mobility device may be parked on a sidewalk. A bicycle, moped, or electric personal assistive mobility device may be parked in a bike rack or other similar area designated for bicycle parking.

AB265, s. 8 Section 8. 346.58 (2) of the statutes is amended to read:

AB265,5,15 346.58 (2) In addition to complying with other speed restrictions imposed by law, no person may drive any vehicle equipped with metal tires or solid rubber tires at a speed in excess of 15 miles per hour. This subsection does not apply to operation of a bicycle.

AB265, s. 9 Section 9. 347.45 (2) (a) of the statutes is amended to read:

AB265,5,19 347.45 (2) (a) Farm tractors, self-propelled farm implements, implements of husbandry, bicycles, animal-drawn vehicles, and road machinery may be operated with metal tires or tires having protuberances that will not injure the highway.

AB265, s. 10 Section 10. 347.489 (1) of the statutes is amended to read:

AB265,6,10 347.489 (1) No person may operate a bicycle, motor bicycle, or electric personal assistive mobility device upon a highway, sidewalk, bicycle lane, or bicycle way during hours of darkness unless the bicycle, 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, motor bicycle, or electric personal assistive mobility device. A bicycle, 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.

AB265, s. 11 Section 11. 349.13 (6) of the statutes is created to read:

AB265,6,15 349.13 (6) Notwithstanding s. 346.54 (1) (e), the governing body of any municipality may, by ordinance, consider mopeds as Type 1 motorcycles rather than bicycles for the purpose of parking and may prohibit the parking of mopeds on sidewalks or in bike racks or other similar areas designated for bicycle parking.

AB265,6,16 (End)