AB191: Bill Text

AB191,19 Section 19. 346.37 (1) (c) 4. of the statutes is amended to read:

AB191,8,10 346.37 (1) (c) 4. Notwithstanding subd. 1., a motorcycle, moped, motor bicycle, or bicycle facing a red signal at an intersection may, after stopping as required under subd. 1. for not less than 45 seconds, proceed cautiously through the intersection before the signal turns green if no other vehicles are present at the intersection to actuate the signal and the operator of the motorcycle, moped, motor bicycle, or bicycle reasonably believes the signal is vehicle actuated. The operator of a motorcycle, moped, motor bicycle, or bicycle proceeding through a red signal under this subdivision shall yield the right-of-way to any vehicular traffic, pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device proceeding through a green signal at the intersection or lawfully within a crosswalk or using the intersection. This subdivision does not affect any authorization for a bicyclist under subd. 2.

AB191,20 Section 20. 346.37 (1) (d) 1. of the statutes is amended to read:

AB191,8,18 346.37 (1) (d) 1. Vehicular traffic facing a green arrow signal may enter the intersection to make the movement indicated by the arrow but shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. Vehicular traffic facing a left turn arrow may make a U-turn unless a sign prohibits U-turns. When the green arrow signal indicates a right or left turn traffic shall cautiously enter the intersection.

AB191,21 Section 21. 346.37 (1) (d) 2. of the statutes is amended to read:

AB191,8,24 346.37 (1) (d) 2. No pedestrian, bicyclist, or rider of electric personal assistive mobility device facing such signal shall may enter, and no personal delivery device operator may allow a personal delivery device facing such signal to enter, the roadway unless he or she can do so safely and without interfering with any vehicular traffic.

AB191,22 Section 22. 346.37 (1) (e) 1. of the statutes is amended to read:

AB191,9,6 346.37 (1) (e) 1. Vehicular traffic facing a flashing yellow arrow signal may cautiously enter the intersection to make the movement indicated by the arrow but shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. Vehicular traffic facing a left turn arrow may make a U-turn unless a sign prohibits U-turns.

AB191,23 Section 23. 346.37 (1) (e) 2. of the statutes is amended to read:

AB191,9,12 346.37 (1) (e) 2. No pedestrian, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall may enter, and no personal delivery device operator may allow a personal delivery device facing such signal to enter, the roadway unless he or she can do so safely and without interfering with any vehicular traffic.

AB191,24 Section 24. 346.38 (1) of the statutes is amended to read:

AB191,9,21 346.38 (1) Walk. A pedestrian, or a person riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crossing by pedestrians, facing a pedestrian signal authorizing crossing may proceed, and a personal delivery device operator may allow a personal delivery device facing a pedestrian signal authorizing crossing to proceed, across the roadway or other vehicular crossing in the direction of the signal and the operators of all vehicles shall yield the right-of-way to the pedestrian, personal delivery device, bicyclist, or electric personal assistive mobility device rider.

AB191,25 Section 25. 346.38 (2) of the statutes is amended to read:

AB191,9,25 346.38 (2) Don't walk. No pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device may start to cross, and no personal delivery device operator may allow a personal delivery device to start to cross, the roadway or other vehicular crossing in the direction of a pedestrian signal limiting crossing, regardless of whether the signal is steady or flashing, but any pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device who that has partially completed crossing on the pedestrian signal authorizing crossing may proceed to a sidewalk or safety zone while a pedestrian signal limiting crossing is showing.

AB191,26 Section 26 . 346.43 (1) (a) of the statutes is amended to read:

AB191,10,11 346.43 (1) (a) Any pedestrian or personal delivery device operator violating s. 346.37 or 346.38 may be required to forfeit not less than $2 nor more than $20 for the first offense and not less than $10 nor more than $50 for the 2nd or subsequent conviction within a year.

AB191,27 Section 27. 346.47 (1) of the statutes is amended to read:

AB191,10,19 346.47 (1) The operator of a vehicle emerging from an alley or about to cross or enter a highway from any point of access other than another highway shall stop such vehicle immediately prior to moving on to the sidewalk or on to the sidewalk area extending across the path of such vehicle and shall yield the right-of-way to any pedestrian, bicyclist, personal delivery device, or rider of an electric personal assistive mobility device, and upon crossing or entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.

AB191,28 Section 28. Subchapter XII (title) of chapter 346 [precedes 346.77] of the statutes is amended to read:

AB191,10,22 CHAPTER 346

AB191,10,23 subchapter XII

AB191,11,2 BICYCLES, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, personal delivery devices, AND PLAY VEHICLES

AB191,29 Section 29. 346.80 (5) of the statutes is amended to read:

AB191,11,8 346.80 (5) Except as provided in ss. 346.23, 346.24, 346.37, and 346.38, every rider of a bicycle or electric personal assistive mobility device shall, upon entering on a highway, yield, and every personal delivery device operator shall ensure that the personal delivery device, upon entering on a highway, yield the right-of-way to motor vehicles.

AB191,30 Section 30. 346.807 of the statutes is created to read:

AB191,11,12 346.807 Operating personal delivery device on sidewalk. (1) Except as provided in s. 346.94 (18m) (a) 2. and 349.236 (1) (b), a personal delivery device may be operated upon any sidewalk or crosswalk.

AB191,11,15 (2) Every personal delivery device operator shall ensure that the operation of the personal delivery device upon a sidewalk or crosswalk satisfies all of the following:

AB191,11,17 (a) The personal delivery device operator shall control or monitor the navigation and operation of the device.

AB191,11,19 (b) The device may not go upon any roadway except while crossing a roadway at a crosswalk.

AB191,11,20 (c) The device shall be operated with due care.

AB191,11,21 (d) The device shall comply with each traffic signal and sign.

AB191,11,22 (e) The speed of the device may not exceed 10 miles per hour.

AB191,31 Section 31 . 346.82 (title) of the statutes is amended to read:

AB191,11,24 346.82 (title) Penalty for violating sections 346.77 to 346.805 346.807.

AB191,32 Section 32 . 346.82 (1) of the statutes is amended to read:

AB191,12,2 346.82 (1) Any person violating ss. 346.77, 346.79 (1) to (3), or 346.80 to 346.805 346.807 may be required to forfeit not more than $20.

AB191,33 Section 33. 346.94 (18m) of the statutes is created to read:

AB191,12,7 346.94 (18m) Personal delivery devices on sidewalks and crosswalks. (a) 1. Except as otherwise prohibited in this chapter, a personal delivery device operator may operate a personal delivery device upon a sidewalk or crosswalk that is under the jurisdiction of the department.

AB191,12,11 2. Except as provided in s. 349.236 (1) (c), the department may by rule prohibit personal delivery devices upon any sidewalk under its jurisdiction. This subdivision does not apply upon any sidewalk at a permanent or temporarily established driveway.

AB191,12,14 (b) A personal delivery device operator may operate a personal delivery device upon any sidewalk under the jurisdiction of a local authority, subject to any prohibitions specified by municipal ordinance enacted under s. 349.236.

AB191,34 Section 34 . 346.95 (6) of the statutes is amended to read:

AB191,12,18 346.95 (6) Any person violating s. 346.94 (17) or, (18), or (18m) may be required to forfeit not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the 2nd or subsequent conviction within a year.

AB191,35 Section 35. 347.02 (1) (k) of the statutes is created to read:

AB191,12,20 347.02 (1) (k) Personal delivery devices.

AB191,36 Section 36. 347.245 (1) of the statutes is amended to read:

AB191,13,13 347.245 (1) No person may operate on a highway any vehicle or equipment, any implement of husbandry, any animal-drawn vehicle, or any other machinery, including all road machinery, that usually travels at speeds of less than 25 miles per hour or any vehicle operated under a special restricted operator's license issued under s. 343.135 or any lightweight utility vehicle, as defined in s. 346.94 (21) (a) 2., unless there is displayed on the most practicable visible rear area of the vehicle or combination of vehicles, a slow moving vehicle (SMV) emblem as described in and displayed as provided in sub. (2). Any towed vehicle or machine is exempt from this provision if the towing vehicle is visible from the rear and is in compliance with this section. All road machinery is excluded when it is engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs. The requirement of the emblem shall be in addition to any lighting devices required or permitted by law. Mopeds and motor bicycles are excluded from the provisions of this section unless they are operated under a special restricted operator's license issued under s. 343.135. Electric personal assistive mobility devices and personal delivery devices are excluded from the provisions of this section. The SMV emblem need not be displayed on vehicles moving directly across the highway.

AB191,37 Section 37. 347.489 (title) of the statutes is amended to read:

AB191,13,16 347.489 (title) Lamps and other equipment on bicycles, motor bicycles, and electric personal assistive mobility other vehicles and devices.

AB191,38 Section 38. 347.489 (1) of the statutes is amended to read:

AB191,14,8 347.489 (1) No person may operate a bicycle, motor bicycle, personal delivery device, or electric personal assistive mobility device upon a highway, sidewalk, bicycle lane, or bicycle way during hours of darkness unless the bicycle, motor bicycle, personal delivery device, 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, personal delivery device, or electric personal assistive mobility device. A bicycle, motor bicycle, personal delivery device, 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 steady or flashing red light visible from a distance of 500 feet to the rear may be used in lieu of the red reflector.

AB191,39 Section 39. 347.489 (1m) of the statutes is created to read:

AB191,14,12 347.489 (1m) No person may operate a personal delivery device upon a sidewalk unless the device is equipped with a braking system that, when engaged, will enable the personal delivery device to come to a controlled stop.

AB191,40 Section 40. 347.489 (4) of the statutes is created to read:

AB191,14,17 347.489 (4) No person may operate a personal delivery device upon a sidewalk unless the device is equipped with a plate or marker that is in a position to be clearly visible and that identifies the name and contact information of the personal delivery device operator.

AB191,41 Section 41. 349.236 (title) of the statutes is amended to read:

AB191,14,20 349.236 (title) Authority to regulate operation of electric personal assistive mobility devices and personal delivery devices .

AB191,42 Section 42. 349.236 (1) (b) of the statutes is amended to read:

AB191,15,2 349.236 (1) (b) Prohibit the operation of electric personal assistive mobility devices or personal delivery devices on all sidewalks under its jurisdiction or only on certain sidewalks, or portions of such sidewalks, under its jurisdiction that are designated in the ordinance. This paragraph does not apply to the operation of such devices on any sidewalk at a permanent or temporarily established driveway.

AB191,43 Section 43. 349.236 (1) (c) of the statutes is amended to read:

AB191,15,10 349.236 (1) (c) Designate and mark locations for electric personal assistive mobility devices or personal delivery devices to cross a state trunk highway or connecting highway that is not a controlled-access highway and on which the department has prohibited the operation of electric personal assistive mobility devices under s. 346.94 (18) (a) 2. A municipality or county may erect official signs or otherwise mark a crossing designated under this paragraph only as directed by the department.

AB191,44 Section 44. 349.236 (2) of the statutes is amended to read:

AB191,15,15 349.236 (2) Except as otherwise provided in this chapter, ch. 346, and s. 59.84 (2) (j), the governing body of any municipality or county may not restrict the operation of electric personal assistive mobility devices or personal delivery devices on any roadway or sidewalk under its jurisdiction.

AB191,15,16 (End)