SB354, s. 91 17Section 91. 23.33 (4) (e) 3. a. of the statutes is created to read:
SB354,25,1918 23.33 (4) (e) 3. a. The all-terrain vehicle route or trail is located at least 40 feet
19from the roadway or is separated from the roadway by a head lamp barrier.
SB354, s. 92 20Section 92. 23.33 (4) (e) 3. b. of the statutes is created to read:
SB354,25,2521 23.33 (4) (e) 3. b. The use of the all-terrain vehicle route or trail is approved
22by the department of transportation with respect to all-terrain vehicle routes or
23trails located near or crossing state trunk highways or by the officer in charge of
24maintenance with respect to all-terrain vehicle routes or trails located near or
25crossing other highways.
SB354, s. 93
1Section 93. 23.33 (4) (e) 3m. of the statutes is created to read:
SB354,26,32 23.33 (4) (e) 3m. During daylight hours, travel may be in either direction
3regardless of the flow of motor vehicle traffic.
SB354, s. 94 4Section 94. 23.33 (4) (f) of the statutes is amended to read:
SB354,26,195 23.33 (4) (f) Operation with snow removal device attached. Except as prohibited
6under par. (a), and subject to ordinances enacted under sub. (11) (am) 2., a person
7may operate an all-terrain vehicle or utility terrain vehicle with a snow removal
8device attached on a roadway or adjacent to a roadway or on a public sidewalk during
9the period beginning on October 1 and ending on April 30 of each year for the purpose
10of removing snow if such operation is necessary to travel to or from a site where the
11snow removal device will be used. The travel necessary to or from the site may not
12exceed 2 miles. Operation of such an all-terrain vehicle or utility terrain vehicle on
13a roadway or adjacent to a roadway is authorized only if the applicable roadway
14speed limit is 45 miles per hour or less. Operation on a roadway of such an all-terrain
15vehicle or utility terrain vehicle is authorized only for the extreme right side of the
16roadway except that left turns may be made from any part of the roadway where it
17is safe to do so given prevailing conditions. Operation adjacent to a roadway of such
18an all-terrain vehicle or utility terrain vehicle shall comply with the applicable speed
19limit and with par. (e) 1., 2., 3., 3m., and 5.
SB354, s. 95 20Section 95. 23.33 (4c) (title) of the statutes is amended to read:
SB354,26,2221 23.33 (4c) (title) Intoxicated operation of an all-terrain vehicle or utility
22terrain vehicle
.
SB354, s. 96 23Section 96. 23.33 (4c) (a) 1. of the statutes is amended to read:
SB354,27,224 23.33 (4c) (a) 1. `Operating while under the influence of an intoxicant.' No
25person may operate an all-terrain vehicle or utility terrain vehicle while under the

1influence of an intoxicant to a degree which renders him or her incapable of safe
2operation of an all-terrain vehicle or utility terrain vehicle.
SB354, s. 97 3Section 97. 23.33 (4c) (a) 2. of the statutes is amended to read:
SB354,27,64 23.33 (4c) (a) 2. `Operating with alcohol concentrations at or above specified
5levels.' No person may engage in the operation of an all-terrain vehicle or utility
6terrain vehicle
while the person has an alcohol concentration of 0.08 or more.
SB354, s. 98 7Section 98. 23.33 (4c) (a) 2m. of the statutes is amended to read:
SB354,27,118 23.33 (4c) (a) 2m. `Operating with a restricted controlled substance.' No person
9may engage in the operation of an all-terrain vehicle or utility terrain vehicle while
10the person has a detectable amount of a restricted controlled substance in his or her
11blood.
SB354, s. 99 12Section 99. 23.33 (4c) (a) 3. of the statutes is amended to read:
SB354,27,1613 23.33 (4c) (a) 3. `Operating with alcohol concentrations at specified levels;
14below age 19 21.' If a person has not attained the age of 19 21, the person may not
15engage in the operation of an all-terrain vehicle or utility terrain vehicle while he
16or she has an alcohol concentration of more than 0.0 but not more than 0.08.
SB354, s. 100 17Section 100. 23.33 (4c) (b) 1. of the statutes is amended to read:
SB354,27,2218 23.33 (4c) (b) 1. ` Causing injury while under the influence of an intoxicant.'
19No person while under the influence of an intoxicant to a degree which renders him
20or her incapable of safe operation of an all-terrain vehicle or utility terrain vehicle
21may cause injury to another person by the operation of an all-terrain vehicle or
22utility terrain vehicle
.
SB354, s. 101 23Section 101. 23.33 (4c) (b) 2. of the statutes is amended to read:
SB354,28,224 23.33 (4c) (b) 2. `Causing injury with alcohol concentrations at or above
25specified levels.' No person who has an alcohol concentration of 0.08 or more may

1cause injury to another person by the operation of an all-terrain vehicle or utility
2terrain vehicle
.
SB354, s. 102 3Section 102. 23.33 (4c) (b) 2m. of the statutes is amended to read:
SB354,28,74 23.33 (4c) (b) 2m. `Causing injury while operating with a restricted controlled
5substance.' No person who has a detectable amount of a restricted controlled
6substance in his or her blood may cause injury to another person by the operation of
7an all-terrain vehicle or utility terrain vehicle.
SB354, s. 103 8Section 103. 23.33 (4g) (a) of the statutes is amended to read:
SB354,28,139 23.33 (4g) (a) Requirement. A person shall provide a sample of his or her breath
10for a preliminary breath screening test if a law enforcement officer has probable
11cause to believe that the person is violating or has violated the intoxicated operation
12of an all-terrain vehicle or utility terrain vehicle law and if, prior to an arrest, the
13law enforcement officer requested the person to provide this sample.
SB354, s. 104 14Section 104. 23.33 (4g) (b) of the statutes is amended to read:
SB354,28,2015 23.33 (4g) (b) Use of test results. A law enforcement officer may use the results
16of a preliminary breath screening test for the purpose of deciding whether or not to
17arrest a person for a violation of the intoxicated operation of an all-terrain vehicle
18or utility terrain vehicle law or for the purpose of deciding whether or not to request
19a chemical test under sub. (4p). Following the preliminary breath screening test,
20chemical tests may be required of the person under sub. (4p).
SB354, s. 105 21Section 105. 23.33 (4j) of the statutes is amended to read:
SB354,29,222 23.33 (4j) Applicability of the intoxicated operation of an all-terrain
23vehicle or utility terrain vehicle law. In addition to being applicable upon
24highways, the intoxicated operation of an all-terrain vehicle or utility terrain vehicle
25law is applicable upon all premises held out to the public for use of their all-terrain

1vehicles or utility terrain vehicles, whether such premises are publicly or privately
2owned and whether or not a fee is charged for the use thereof.
SB354, s. 106 3Section 106. 23.33 (4L) of the statutes is amended to read:
SB354,29,114 23.33 (4L) Implied consent. Any person who engages in the operation of an
5all-terrain vehicle or utility terrain vehicle upon the public highways of this state,
6or in those areas enumerated in sub. (4j), is deemed to have given consent to provide
7one or more samples of his or her breath, blood or urine for the purpose of authorized
8analysis as required under sub. (4p). Any person who engages in the operation of an
9all-terrain vehicle or utility terrain vehicle within this state is deemed to have given
10consent to submit to one or more chemical tests of his or her breath, blood or urine
11for the purpose of authorized analysis as required under sub. (4p).
SB354, s. 107 12Section 107. 23.33 (4p) (a) 1. of the statutes is amended to read:
SB354,29,2113 23.33 (4p) (a) 1. `Samples; submission to tests.' A person shall provide one or
14more samples of his or her breath, blood or urine for the purpose of authorized
15analysis if he or she is arrested for a violation of the intoxicated operation of an
16all-terrain vehicle or utility terrain vehicle law and if he or she is requested to
17provide the sample by a law enforcement officer. A person shall submit to one or more
18chemical tests of his or her breath, blood or urine for the purpose of authorized
19analysis if he or she is arrested for a violation of the intoxicated operation of an
20all-terrain vehicle or utility terrain vehicle law and if he or she is requested to submit
21to the test by a law enforcement officer.
SB354, s. 108 22Section 108. 23.33 (4p) (a) 3. of the statutes is amended to read:
SB354,30,423 23.33 (4p) (a) 3. `Unconscious person.' A person who is unconscious or
24otherwise not capable of withdrawing consent is presumed not to have withdrawn
25consent under this paragraph, and if a law enforcement officer has probable cause

1to believe that the person violated the intoxicated operation of an all-terrain vehicle
2or utility terrain vehicle law, one or more chemical tests may be administered to the
3person without a request under subd. 1. and without providing information under
4subd. 2.
SB354, s. 109 5Section 109. 23.33 (4p) (b) 4. of the statutes is amended to read:
SB354,30,166 23.33 (4p) (b) 4. `Validity; procedure.' A chemical test of blood or urine
7conducted for the purpose of authorized analysis is valid as provided under s. 343.305
8(6). The duties and responsibilities of the laboratory of hygiene, department of
9health services and department of transportation under s. 343.305 (6) apply to a
10chemical test of blood or urine conducted for the purpose of authorized analysis
11under this subsection. Blood may be withdrawn from a person arrested for a
12violation of the intoxicated operation of an all-terrain vehicle or utility terrain
13vehicle
law only by a physician, registered nurse, medical technologist, physician
14assistant or person acting under the direction of a physician and the person who
15withdraws the blood, the employer of that person and any hospital where blood is
16withdrawn have immunity from civil or criminal liability as provided under s. 895.53
SB354, s. 110 17Section 110. 23.33 (4p) (c) 1. of the statutes is amended to read:
SB354,31,218 23.33 (4p) (c) 1. `Additional chemical test.' If a person is arrested for a violation
19of the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or
20is the operator of an all-terrain vehicle or utility terrain vehicle involved in an
21accident resulting in great bodily harm to or the death of someone and if the person
22is requested to provide a sample or to submit to a test under par. (a) 1., the person
23may request the test facility to administer the additional chemical test specified
24under par. (b) 3. or, at his or her own expense, reasonable opportunity to have any

1qualified person administer a chemical test of his or her breath, blood or urine for the
2purpose of authorized analysis.
SB354, s. 111 3Section 111. 23.33 (4p) (c) 2. of the statutes is amended to read:
SB354,31,124 23.33 (4p) (c) 2. `Optional test.' If a person is arrested for a violation of the
5intoxicated operation of an all-terrain vehicle or utility terrain vehicle law and if the
6person is not requested to provide a sample or to submit to a test under par. (a) 1.,
7the person may request the test facility to administer a chemical test of his or her
8breath or, at his or her own expense, reasonable opportunity to have any qualified
9person administer a chemical test of his or her breath, blood or urine for the purpose
10of authorized analysis. If a test facility is unable to perform a chemical test of breath,
11the person may request the test facility to administer the designated chemical test
12under par. (b) 2. or the additional chemical test under par. (b) 3.
SB354, s. 112 13Section 112. 23.33 (4p) (d) of the statutes is amended to read:
SB354,31,2314 23.33 (4p) (d) Admissibility; effect of test results; other evidence. The results
15of a chemical test required or administered under par. (a), (b) or (c) are admissible
16in any civil or criminal action or proceeding arising out of the acts committed by a
17person alleged to have violated the intoxicated operation of an all-terrain vehicle or
18utility terrain vehicle
law on the issue of whether the person was under the influence
19of an intoxicant or the issue of whether the person had alcohol concentrations at or
20above specified levels or a detectable amount of a restricted controlled substance in
21his or her blood. Results of these chemical tests shall be given the effect required
22under s. 885.235. This subsection does not limit the right of a law enforcement officer
23to obtain evidence by any other lawful means.
SB354, s. 113 24Section 113. 23.33 (4p) (e) 1. of the statutes is amended to read:
SB354,32,3
123.33 (4p) (e) 1. Whether the law enforcement officer had probable cause to
2believe the person was violating or had violated the intoxicated operation of an
3all-terrain vehicle or utility terrain vehicle law.
SB354, s. 114 4Section 114. 23.33 (4p) (e) 2. of the statutes is amended to read:
SB354,32,75 23.33 (4p) (e) 2. Whether the person was lawfully placed under arrest for
6violating the intoxicated operation of an all-terrain vehicle or utility terrain vehicle
7law.
SB354, s. 115 8Section 115. 23.33 (4t) of the statutes is amended to read:
SB354,32,129 23.33 (4t) Report arrest to department. If a law enforcement officer arrests
10a person for a violation of the intoxicated operation of an all-terrain vehicle or utility
11terrain vehicle
law or the refusal law, the law enforcement officer shall notify the
12department of the arrest as soon as practicable.
SB354, s. 116 13Section 116. 23.33 (4x) (title) of the statutes is amended to read:
SB354,32,1514 23.33 (4x) (title) Officer's action after arrest for operating an all-terrain
15vehicle
or utility terrain vehicle while under influence of intoxicant.
SB354, s. 117 16Section 117. 23.33 (4z) (a) 1. of the statutes is amended to read:
SB354,32,1917 23.33 (4z) (a) 1. Inform all-terrain vehicle and utility terrain vehicle operators
18of the prohibitions and penalties included in the intoxicated operation of an
19all-terrain vehicle or utility terrain vehicle law.
SB354, s. 118 20Section 118. 23.33 (4z) (a) 2. of the statutes is amended to read:
SB354,32,2221 23.33 (4z) (a) 2. Provide for the development of signs briefly explaining the
22intoxicated operation of an all-terrain vehicle or utility terrain vehicle law.
SB354, s. 119 23Section 119. 23.33 (4z) (b) of the statutes is amended to read:
SB354,33,224 23.33 (4z) (b) The department shall develop and issue an educational pamphlet
25on the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law to

1be distributed, beginning in 1989, to persons issued all-terrain vehicle or utility
2terrain vehicle
registration certificates under subs. (2) and (2g).
SB354, s. 120 3Section 120. 23.33 (5) (a) (title) of the statutes is amended to read:
SB354,33,44 23.33 (5) (a) (title) Age All-terrain vehicles; age restriction.
SB354, s. 121 5Section 121. 23.33 (5) (am) of the statutes is created to read:
SB354,33,86 23.33 (5) (am) Utility terrain vehicles; age restriction. 1. Except as provided
7in subd. 2., no person may operate, rent, or lease a utility terrain vehicle unless he
8or she is at least 16 years of age.
SB354,33,139 2. A person who is under 16 years of age may operate a utility terrain vehicle
10if the person operates the utility terrain vehicle for an agricultural purpose and he
11or she is under the supervision of a person over 18 years of age. For purposes of this
12subdivision, supervision does not require that the person under 16 years of age be
13subject to continuous direction or by the person over 18 years of age.
SB354, s. 122 14Section 122. 23.33 (5) (b) of the statutes is amended to read:
SB354,33,1815 23.33 (5) (b) All-terrain vehicle safety Safety certificate. 1. No person who is
16at least 12 years of age and who is born on or after January 1, 1988, may operate an
17all-terrain vehicle unless he or she holds a valid safety certificate issued by the
18department, another state, or a province of Canada
.
SB354,33,2519 2. Any person who is required to hold an all-terrain vehicle or utility terrain
20vehicle
safety certificate while operating an all-terrain vehicle or utility terrain
21vehicle
shall carry the certificate on the all-terrain vehicle or utility terrain vehicle
22and shall display the certificate to a law enforcement officer on request. Persons
23enrolled in a safety certification program approved by the department may operate
24an all-terrain vehicle or utility terrain vehicle in an area designated by the
25instructor.
SB354, s. 123
1Section 123. 23.33 (5) (b) 1m. of the statutes is created to read:
SB354,34,52 23.33 (5) (b) 1m. No person who is at least 16 years of age and who is born on
3or after January 1, 1988, may operate a utility terrain vehicle unless he or she holds
4a valid safety certificate issued by the department, another state, or a province of
5Canada.
SB354, s. 124 6Section 124. 23.33 (5) (c) of the statutes is amended to read:
SB354,34,117 23.33 (5) (c) Exceptions. Paragraphs (a) and (b) do not apply to a person who
8operates an all-terrain vehicle or utility terrain vehicle exclusively on land under the
9management and control of the person's immediate family. Paragraphs (a) and (b)
10do not apply to a person at least 12 years of age but under 16 years of age who holds
11a valid certificate issued by another state or a province of Canada.
SB354, s. 125 12Section 125. 23.33 (5) (d) of the statutes is amended to read:
SB354,35,213 23.33 (5) (d) Safety certification program established. The department shall
14establish or supervise the establishment of a program of instruction on all-terrain
15vehicle and utility terrain vehicle laws, including the intoxicated operation of an
16all-terrain vehicle or utility terrain vehicle law, regulations, safety and related
17subjects. The department shall establish by rule an instruction fee for this program.
18The department shall issue certificates to persons successfully completing the
19program. An instructor conducting the program of instruction under this paragraph
20shall collect the fee from each person who receives instruction. The department may
21determine the portion of this fee, which may not exceed 50%, that the instructor may
22retain to defray expenses incurred by the instructor in conducting the program. The
23instructor shall remit the remainder of the fee or, if nothing is retained, the entire
24fee to the department. The department shall issue a duplicate certificate of

1accomplishment to a person who is entitled to a duplicate certificate of
2accomplishment and who pays a fee of $2.75.
SB354, s. 126 3Section 126. 23.33 (6) (a), (b), (c), (d), (e) and (h) of the statutes are amended
4to read:
SB354,35,85 23.33 (6) (a) A person who operates an all-terrain vehicle or utility terrain
6vehicle
during hours of darkness or during daylight hours on any highway
7right-of-way is required to display a lighted headlamp and tail lamp on the
8all-terrain vehicle or utility terrain vehicle.
SB354,35,129 (b) The headlamp on an all-terrain vehicle or utility terrain vehicle is required
10to display a white light of sufficient illuminating power to reveal any person, vehicle
11or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle
12or utility terrain vehicle.
SB354,35,1513 (c) The tail lamp on an all-terrain vehicle or utility terrain vehicle is required
14to display a red light plainly visible during hours of darkness from a distance of 500
15feet to the rear.
SB354,35,1716 (d) Every all-terrain vehicle and utility terrain vehicle is required to be
17equipped with at least one brake operated either by hand or by foot.
SB354,35,2218 (e) Every all-terrain vehicle and utility terrain vehicle is required to be
19equipped with a functioning muffler to prevent excessive or unusual noise and with
20a functioning spark arrester of a type approved by the U.S. forest service. This
21paragraph does not apply to an all-terrain vehicle or utility terrain vehicle that is
22operated exclusively by means of an electric motor.
SB354,36,223 (h) A person who operates an all-terrain vehicle or utility terrain vehicle with
24a snow removal device attached as authorized under s. 23.33 (4) (f) is required to

1display at least one or more flashing or rotating amber or yellow lights, and at least
2one of these lights shall be visible from every direction.
SB354, s. 127 3Section 127. 23.33 (6) (i) of the statutes is created to read:
SB354,36,74 23.33 (6) (i) No person may operate a utility terrain vehicle unless each
5passenger is wearing a safety belt installed by the manufacturer and fastened in a
6manner prescribed by the manufacturer of the safety belt which permits the safety
7belt to act as a body restraint.
SB354, s. 128 8Section 128. 23.33 (6m) of the statutes is amended to read:
SB354,36,129 23.33 (6m) Noise limits. No person may manufacture, sell, rent or operate an
10all-terrain vehicle or utility terrain vehicle that is constructed in such a manner that
11noise emitted from the all-terrain vehicle exceeds 96 decibels on the A scale as
12measured in the manner prescribed under rules promulgated by the department.
SB354, s. 129 13Section 129. 23.33 (6r) of the statutes is created to read:
SB354,36,1514 23.33 (6r) Passenger restrictions. No person may ride in or on any part of a
15utility terrain vehicle that is not designed or intended to be used by passengers.
SB354, s. 130 16Section 130. 23.33 (7) of the statutes is amended to read:
SB354,36,2217 23.33 (7) Accidents. (a) If an accident results in the death of any person or in
18the injury of any person which requires the treatment of the person by a physician,
19the operator of each all-terrain vehicle and utility terrain vehicle involved in the
20accident shall give notice of the accident to a conservation warden or local law
21enforcement officer as soon as possible and shall file a written report of the accident
22with the department on the form provided by it within 10 days after the accident.
SB354,37,223 (b) If the operator of an all-terrain vehicle or utility terrain vehicle is physically
24incapable of making the report required by this subsection and there was another

1witness to the accident capable of making the report, the witness may make the
2report.
SB354, s. 131 3Section 131. 23.33 (8) (d) of the statutes is amended to read:
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