23.33(1)(bp)
(bp) “All-terrain vehicle manufacturer" means a person engaged in the manufacture of all-terrain vehicles for sale to the public.
23.33(1)(bt)
(bt) “All-terrain vehicle renter" means a person engaged in the rental or leasing of all-terrain vehicles to the public.
23.33(1)(c)
(c) “All-terrain vehicle route" means a highway or sidewalk designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction as authorized under this section.
23.33(1)(d)
(d) “All-terrain vehicle trail" means a marked corridor on public property or on private lands subject to public easement or lease, designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction, but excluding roadways of highways except those roadways that are seasonally not maintained for motor vehicle traffic.
23.33(1)(fm)
(fm) “Golf cart" means a vehicle whose speed attainable in one mile does not exceed 20 miles per hour on a paved, level surface, and that is designed and intended to convey one or more persons and equipment to play the game of golf in an area designated as a golf course.
23.33(1)(gb)
(gb) “Hazardous inhalant" means a substance that is ingested, inhaled, or otherwise introduced into the human body in a manner that does not comply with any cautionary labeling that is required for the substance under
s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.
23.33(1)(h)
(h) “Immediate family" means persons who are related as spouses, as siblings or as parent and child.
23.33(1)(i)
(i) “Intoxicant" means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog or other drug, or any combination thereof.
23.33(1)(ic)
(ic) “Intoxicated operation of an all-terrain or utility terrain vehicle law" means
sub. (4c) or a local ordinance in conformity therewith or, if the operation of an all-terrain or utility terrain vehicle is involved,
s. 940.09 or
940.25.
23.33(1)(id)
(id) “Lac du Flambeau band" means the Lac du Flambeau band of Lake Superior Chippewa.
23.33(1)(ie)
(ie) “Lac du Flambeau reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.
23.33(1)(if)
(if) “Land under the management and control of the person's immediate family" means land owned or leased by the person or a member of the person's immediate family over which the owner or lessee has management and control. This term excludes land owned or leased by an organization of which the person or a member of the person's immediate family is a member.
23.33(1)(ig)
(ig) “Law enforcement officer" has the meaning specified under
s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under
s. 23.10 (1).
23.33(1)(ip)
(ip) “Mini-truck" means a motor truck, as defined in
s. 340.01 (34), having a top speed of not more than 60 miles per hour, and that is all of the following:
23.33(1)(ip)1.
1. Powered by an internal combustion engine with a piston or rotor displacement of not less than 660 cubic centimeters.
23.33(1)(ip)4.
4. Manufactured with a locking enclosed cab and a heated interior.
23.33(1)(iq)
(iq) “Non-pneumatic tire" means a tire that is designed by the manufacturer to meet all of the following requirements:
23.33(1)(ir)
(ir) “Operate" means to exercise physical control over the speed or direction of an all-terrain vehicle or utility terrain vehicle or to physically manipulate or activate any of the controls of the vehicle necessary to put it in motion.
23.33(1)(it)
(it) “Operation" means the exercise of physical control over the speed or direction of an all-terrain vehicle or utility terrain vehicle or the physical manipulation or activation of any of the controls of the vehicle necessary to put it in motion.
23.33(1)(iw)
(iw) “Operator" means a person who operates an all-terrain vehicle or utility terrain vehicle, who is responsible for the operation of an all-terrain vehicle or utility terrain vehicle or who is supervising the operation of an all-terrain vehicle or utility terrain vehicle.
23.33(1)(j)
(j) “Owner" means a person who has lawful possession of an all-terrain vehicle or utility terrain vehicle by virtue of legal title or equitable interest in the vehicle which entitles the person to possession of the vehicle.
23.33(1)(jc)
(jc) “Proof," when used in reference to evidence of a registration document, safety certificate, trail pass, or temporary trail use receipt, means the original registration document, safety certificate, trail pass, or temporary trail use receipt issued by the department or an agent appointed under
sub. (2) (i) 3. or
(2j) (f) 1. or any alternative form of proof designated by rule under
s. 23.47 (1).
23.33(1)(je)
(je) “Purpose of authorized analysis" means for the purpose of determining or obtaining evidence of the presence, quantity or concentration of any intoxicant in a person's blood, breath or urine.
23.33(1)(jn)
(jn) “Registration document" means an all-terrain vehicle or utility terrain vehicle registration certificate, a temporary operating receipt, or a registration decal.
23.33(1)(jo)
(jo) “Restricted controlled substance" means any of the following:
23.33(1)(jo)1.
1. A controlled substance included in schedule I under
ch. 961 other than a tetrahydrocannabinol.
23.33(1)(jp)
(jp) “Small all-terrain vehicle" means an all-terrain vehicle that has 4 wheels and that has either an engine certified by the manufacturer at not more than 130 cubic centimeters or an equivalent power unit.
23.33(1)(jpm)
(jpm) “Small utility terrain vehicle" means a utility terrain vehicle that has 4 wheels and that has either an engine certified by the manufacturer at not more than 200 cubic centimeters or an equivalent power unit.
23.33(1)(jq)
(jq) “Snow removal device" means an attachment designed and installed for the purpose of removing snow. An attachment under this paragraph may be a plow blade, blower, bucket, or brush.
23.33(1)(jr)
(jr) “Temporary operating receipt" means a receipt issued by the department or an agent under
sub. (2) (ig) 1. a. that shows that an application and the required fees for a registration certificate have been submitted to the department or an agent appointed under
sub. (2) (i) 3.
23.33(1)(js)
(js) “Test facility" means a test facility or agency prepared to administer tests under
s. 343.305 (2).
23.33(1)(n)
(n) “Used exclusively on private property" means use of an all-terrain vehicle or utility terrain vehicle by the owner of the vehicle or a member of his or her immediate family only on land owned or leased by the vehicle owner or a member of his or her immediate family.
23.33(1)(ng)
(ng) “Utility terrain vehicle" means any of the following:
23.33(1)(ng)1.
1. A commercially designed and manufactured motor driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was originally manufactured with, all of the following:
23.33(1)(ng)1.j.
j. A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.
23.33(1)(ng)1.k.
k. A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.
23.33(1)(ng)2.
2. A commercially designed and manufactured motor driven device to which all of the following applies:
23.33(1)(ng)2.a.
a. It has a weight, without fluids, of more than 900 pounds but not more than 2000 pounds.
23.33(1)(ng)2.c.
c. It is equipped with a seat designed to be straddled by the operator.
23.33(1)(ng)2.d.
d. It travels on 3 or more low-pressure tires or non-pneumatic tires.
23.33(1)(ni)
(ni) “Utility terrain vehicle dealer" means a person engaged in the sale of utility terrain vehicles for a profit at wholesale or retail.
23.33(1)(nk)
(nk) “Utility terrain vehicle distributor" means a person who sells or distributes utility terrain vehicles to utility terrain vehicle dealers or who maintains distributor representatives.
23.33(1)(nm)
(nm) “Utility terrain vehicle manufacturer" means a person engaged in the manufacture of utility terrain vehicles for sale to the public.
23.33(1)(np)
(np) “Utility terrain vehicle renter" means a person engaged in the rental or leasing of utility terrain vehicles to the public.
23.33 Cross-reference
Cross-reference: See also definitions in s.
340.01.
23.33(1m)
(1m) Utility terrain vehicle program. 23.33(1m)(b)
(b) The department or a federal agency, county, or municipality may designate any of the following located within their respective jurisdictions:
23.33(1m)(b)1.
1. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors that may be used by operators of utility terrain vehicles.
23.33(1m)(b)2.
2. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors upon which utility terrain vehicle use is prohibited.
23.33(1m)(c)
(c) No person may operate a utility terrain vehicle on an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor unless it is designated as an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor that may be used by operators of utility terrain vehicles as provided under this subsection.
23.33(2)(a)(a)
Requirement. Except as provided in
sub. (2k), no person may operate and no owner may give permission for the operation of an all-terrain vehicle or utility terrain vehicle within this state unless the all-terrain vehicle or utility terrain vehicle is registered for public use or for private use under this subsection or
sub. (2g), is exempt from registration, or is operated with a plate or a sign to which a registration decal is attached in the manner specified under
par. (dm) 3. Except as provided in
sub. (2k), no person may operate and no owner may give permission for the operation of an all-terrain vehicle or utility terrain vehicle on an all-terrain vehicle route or an all-terrain vehicle trail unless the all-terrain vehicle or utility terrain vehicle is registered for public use under this subsection or
sub. (2g).
23.33(2)(b)
(b)
Exemptions. An all-terrain vehicle or utility terrain vehicle is exempt from registration if it is:
23.33(2)(b)1.
1. Owned by the United States, another state or a political subdivision thereof, but the exterior of the all-terrain vehicle or utility terrain vehicle shall display in a visible manner the name of the owner.
23.33(2)(b)2m.
2m. Covered by a valid registration of a federally recognized American Indian tribe or band, if all of the following apply:
23.33(2)(b)2m.a.
a. The registration program of the tribe or band is covered by an agreement under
s. 23.35.
23.33(2)(b)2m.b.
b. The all-terrain vehicle or utility terrain vehicle displays the registration decal required by the tribe or band.
23.33(2)(b)3.
3. Used exclusively for racing on a raceway facility.
23.33(2)(b)3m.
3m. Present in this state, for a period not to exceed 15 days, and if it is used exclusively as part of an advertisement being made for the manufacturer of the all-terrain vehicle or utility terrain vehicle.
23.33(2)(b)4.
4. Owned by a political subdivision of the state and used for enforcement or emergency purposes.
23.33(2)(b)5.
5. Specified as exempt from registration by department rule.
23.33(2)(c)1.1. Any all-terrain vehicle or utility terrain vehicle may be registered for public use. The fee for the issuance or renewal of a registration certificate for public use for an all-terrain vehicle or utility terrain vehicle is $30. The department shall impose an additional late fee of $5 for the renewal of a registration certificate under this subdivision that is filed after the expiration date of the registration certificate unless the renewal is included with an application to transfer the registration certificate.
