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:
SB354,37,74 23.33 (8) (d) Restrictions. The designating authority may specify effective
5periods for the use of all-terrain vehicle routes and trails and may restrict or prohibit
6the operation of an all-terrain vehicle or utility terrain vehicle during certain periods
7of the year.
SB354, s. 132 8Section 132. 23.33 (8) (e) of the statutes is amended to read:
SB354,37,149 23.33 (8) (e) Signs. The department, in cooperation with the department of
10transportation, shall establish uniform all-terrain vehicle route and trail signs and
11standards and uniform signs and standards for the operation of utility terrain
12vehicles on all-terrain vehicle routes and trails
. The standards may not require that
13any additional signs be placed on all-terrain vehicle routes concerning the operation
14of all-terrain vehicles or utility terrain vehicles with snow removal devices attached.
SB354, s. 133 15Section 133. 23.33 (8) (f) 1. of the statutes is amended to read:
SB354,37,2316 23.33 (8) (f) Interference with signs and standards prohibited. 1. No person
17may intentionally remove, damage, deface, move or, obstruct, or interfere with the
18effective operation of
any uniform all-terrain vehicle route or trail sign or standard
19or intentionally interfere with the effective operation of any uniform all-terrain
20vehicle route or trail sign or standards
or any uniform sign or standard for the
21operation of a utility terrain vehicle on an all-terrain vehicle route or trail
if the sign
22or standard is legally placed by the state, any municipality or any authorized
23individual.
SB354, s. 134 24Section 134. 23.33 (8) (f) 2. of the statutes is amended to read:
SB354,38,9
123.33 (8) (f) 2. No person may possess any uniform all-terrain vehicle route or
2trail sign or standard, or any uniform sign or standard for the operation of a utility
3terrain vehicle on an all-terrain vehicle route or trail,
of the type established by the
4department for the warning, instruction or information of the public, unless he or she
5obtained the uniform all-terrain vehicle route or trail sign or standard in a lawful
6manner. Possession of a uniform all-terrain vehicle route or trail sign or standard
7or uniform sign or standard for the operation of a utility terrain vehicle on an
8all-terrain vehicle route or trail
creates a rebuttable presumption of illegal
9possession.
SB354, s. 135 10Section 135. 23.33 (9) (a) of the statutes is amended to read:
SB354,38,1611 23.33 (9) (a) Enforcement. The department may utilize moneys received under
12sub. (2) for all-terrain vehicle and utility terrain vehicle registration aids
13administration and for the purposes specified under s. 20.370 (3) (as) and (5) (er)
14including costs associated with enforcement, safety education, accident reports and
15analysis, law enforcement aids to counties, and other similar costs in administering
16and enforcing this section.
SB354, s. 136 17Section 136. 23.33 (9) (bg) of the statutes is created to read:
SB354,39,218 23.33 (9) (bg) Projects for utility terrain vehicles. A project to improve or
19maintain all-terrain vehicle trails for use by utility terrain vehicles is eligible for
20funding as a state utility terrain vehicle project from the appropriation account
21under s. 20.370 (1) (mr) or for aid as a nonstate utility vehicle project from the
22appropriation accounts under s. 20.370 (5) (eu) and (gr). The maximum amount
23allowed for aid under this paragraph is $100 per mile for all-terrain vehicle trails
24that are maintained not less than 3 months per year including the months of June,
25July, and August. If the requests for aid for projects under this paragraph exceed the

1funds available, the department shall distribute available funds to qualified
2applicants on a proportional basis.
SB354, s. 137 3Section 137. 23.33 (11) (a) of the statutes is amended to read:
SB354,39,74 23.33 (11) (a) Counties, towns, cities and villages may enact ordinances
5regulating all-terrain vehicles and utility terrain vehicles on all-terrain vehicle
6trails maintained by or on all-terrain vehicle routes designated by the county, city,
7town or village.
SB354, s. 138 8Section 138. 23.33 (11) (am) 2. of the statutes is amended to read:
SB354,39,149 23.33 (11) (am) 2. For a roadway, or for a portion of a roadway, that is located
10within the territorial boundaries of a city, village, or town, the city, village, or town
11may enact an ordinance to authorize the operation of all-terrain vehicles and utility
12terrain vehicles
with snow removal devices attached on the roadway, or adjacent to
13the roadway, if the applicable roadway speed limit is greater than 45 miles per hour,
14and regardless of whether the city, village, or town has jurisdiction over the roadway.
SB354, s. 139 15Section 139. 23.33 (11) (b) of the statutes is amended to read:
SB354,39,2016 23.33 (11) (b) If a county, town, city, or village adopts an ordinance regulating
17all-terrain vehicles, utility terrain vehicles, or both, its clerk shall immediately send
18a copy of the ordinance to the department and to the office of any law enforcement
19agency of the municipality or county having jurisdiction over any highway
20designated as an all-terrain vehicle route.
SB354, s. 140 21Section 140. 23.33 (11p) (title) of the statutes is repealed.
SB354, s. 141 22Section 141. 23.33 (11p) (a) (intro.) of the statutes is repealed.
SB354, s. 142 23Section 142. 23.33 (11p) (a) 1. of the statutes is repealed.
SB354, s. 143 24Section 143. 23.33 (11p) (a) 2. of the statutes is renumbered 23.33 (1) (fm).
SB354, s. 144
1Section 144. 23.33 (11p) (a) 3. of the statutes is renumbered 23.33 (1) (ik) and
2amended to read:
SB354,40,63 23.33 (1) (ik) "Low pressure tire" means a tire that has a minimum width of 6
4inches and that is designed to be inflated with an operating pressure not to exceed
520 pounds per square inch as recommended by the manufacturer
has the meaning
6given in s. 340.01 (27g)
.
SB354, s. 145 7Section 145. 23.33 (11p) (a) 4. of the statutes is renumbered 23.33 (1) (im) and
8amended to read:
SB354,40,129 23.33 (1) (im) "Low-speed vehicle" means a low-speed vehicle, as defined in
1049 CFR 571.3, that satisfies the equipment standards under 49 CFR 571.500 and
11that was originally manufactured to meet the applicable equipment standards under
1249 CFR 571.500
has the meaning given in s. 340.01 (27h).
SB354, s. 146 13Section 146. 23.33 (11p) (a) 5. of the statutes is repealed.
SB354, s. 147 14Section 147. 23.33 (11p) (a) 6. of the statutes is renumbered 23.33 (1) (ng)
15(intro.) and 23.33 (1) (ng) (intro.) and 1. a. and c., as renumbered, are amended to
16read:
SB354,40,1717 23.33 (1) (ng) (intro.) "Utility terrain vehicle" means a any of the following:
SB354,40,22 181. A motor driven device, other than that does not meet federal motor vehicle
19safety standards in effect on the effective date of this subdivision .... [LRB inserts
20date], that is not
a golf cart or, low-speed vehicle, dune buggy, mini-truck, or tracked
21vehicle,
that is designed to be used primarily off of a highway , and that has, and was
22originally manufactured with, all of the following:
SB354,40,2423 a. A gross net weight of more than 900 pounds but not more less than 1,999
242,000 pounds.
SB354,40,2525 c. A cargo box or dump box installed by the manufacturer.
SB354, s. 148
1Section 148. 23.33 (11p) (b) to (i) of the statutes are repealed.
SB354, s. 149 2Section 149. 23.33 (12) (b) of the statutes is amended to read:
SB354,41,53 23.33 (12) (b) No operator of an all-terrain vehicle or utility terrain vehicle may
4refuse to stop after being requested or signaled to do so by a law enforcement officer
5or a commission warden, as defined in s. 939.22 (5).
SB354, s. 150 6Section 150. 23.33 (13) (b) (title) of the statutes is amended to read:
SB354,41,87 23.33 (13) (b) (title) Penalties related to intoxicated operation of an all-terrain
8vehicle
or utility terrain vehicle.
SB354, s. 151 9Section 151. 23.33 (13) (b) 2. of the statutes is amended to read:
SB354,41,1510 23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub.
11(4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
12current violation, was convicted previously under the intoxicated operation of an
13all-terrain vehicle or utility terrain vehicle law or the refusal law shall be fined not
14less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days
15nor more than 6 months.
SB354, s. 152 16Section 152. 23.33 (13) (b) 3. of the statutes is amended to read:
SB354,41,2217 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and
18who, within 5 years prior to the arrest for the current violation, was convicted 2 or
19more times previously under the intoxicated operation of an all-terrain vehicle or
20utility terrain vehicle
law or refusal law shall be fined not less than $600 nor more
21than $2,000 and shall be imprisoned not less than 30 days nor more than one year
22in the county jail.
SB354, s. 153 23Section 153. 23.33 (13) (b) 4. of the statutes is amended to read:
SB354,41,2524 23.33 (13) (b) 4. A person who violates sub. (4c) (a) 3. or (4p) (e) and who has
25not attained the age of 19 21 shall forfeit not more than $50.
SB354, s. 154
1Section 154. 23.33 (13) (bg) of the statutes is amended to read:
SB354,42,72 23.33 (13) (bg) Penalties related to intoxicated operation of an all-terrain
3vehicle
or utility terrain vehicle; underage passengers. If there is a passenger under
416 years of age on the all-terrain vehicle or utility terrain vehicle at the time of a
5violation that gives rise to a conviction under sub. (4c) (a) 1. or 2. or (4p) (e), the
6applicable minimum and maximum forfeitures, fines, and terms of imprisonment
7under pars. (b) 1., 2., and 3. for the conviction are doubled.
SB354, s. 155 8Section 155. 23.33 (13) (br) (title) of the statutes is amended to read:
SB354,42,109 23.33 (13) (br) (title) Penalties related to intoxicated operation of an all-terrain
10vehicle
or utility terrain vehicle; enhancers.
SB354, s. 156 11Section 156. 23.33 (13) (dm) of the statutes is amended to read:
SB354,42,1812 23.33 (13) (dm) Reporting convictions to the department. Whenever a person
13is convicted of a violation of the intoxicated operation of an all-terrain vehicle or
14utility terrain vehicle
law, the clerk of the court in which the conviction occurred, or
15the justice, judge or magistrate of a court not having a clerk, shall forward to the
16department the record of such conviction. The record of conviction forwarded to the
17department shall state whether the offender was involved in an accident at the time
18of the offense.
SB354, s. 157 19Section 157. 23.33 (13) (e) of the statutes is amended to read:
SB354,43,320 23.33 (13) (e) Alcohol, controlled substances or controlled substance analogs;
21assessment.
In addition to any other penalty or order, a person who violates sub. (4c)
22(a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the
23operation of an all-terrain vehicle or utility terrain vehicle, shall be ordered by the
24court to submit to and comply with an assessment by an approved public treatment
25facility for an examination of the person's use of alcohol, controlled substances or

1controlled substance analogs. The assessment order shall comply with s. 343.30 (1q)
2(c) 1. a. to c. Intentional failure to comply with an assessment ordered under this
3paragraph constitutes contempt of court, punishable under ch. 785.
SB354, s. 158 4Section 158. 23.33 (13) (f) of the statutes is amended to read:
SB354,43,95 23.33 (13) (f) Restoration or replacement of signs and standards. In addition
6to any other penalty, the court may order the defendant to restore or replace any
7uniform all-terrain vehicle route or trail sign or standard, or any uniform sign or
8standard for the operation of a utility terrain vehicle on an all-terrain vehicle route
9or trail,
that the defendant removed, damaged, defaced, moved or obstructed.
SB354, s. 159 10Section 159. 23.35 (1) (intro.) of the statutes is amended to read:
SB354,43,1711 23.35 (1) (intro.) The secretary shall enter into a reciprocal agreement with a
12federally recognized American Indian tribe or band in this state to exempt, from the
13registration and certification requirements of this state, boats, snowmobiles and,
14all-terrain vehicles, and utility terrain vehicles that are owned by tribal or band
15members and registered under a registration program established by the tribe or
16band if the tribe or band requests the agreement and if the registration program does
17all of the following:
SB354, s. 160 18Section 160. 23.35 (1) (a) of the statutes is amended to read:
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