Amendment ASA1-AB78

AB78-ASA1,27 Section 27 . 346.595 (1) of the statutes is amended to read:

AB78-ASA1,10,20 346.595 (1) All motor vehicles including motorcycles and mopeds are entitled to the full use of a traffic lane and no vehicle may be driven or operated in such a manner so as to deprive any other vehicle of the full use of a traffic lane. With the consent of both drivers, Type 1 motorcycles may be operated not more than 2 abreast in a single lane, but mopeds may be so operated only where the speed limit is 25 miles per hour or less.

AB78-ASA1,28 Section 28. 346.595 (3) of the statutes is amended to read:

AB78-ASA1,10,24 346.595 (3) No passenger may ride a Type 1 motorcycle who, when properly seated, cannot rest the feet on assigned foot rests or pegs. No passenger may ride on a moped.

AB78-ASA1,29 Section 29. 346.595 (3m) of the statutes is amended to read:

AB78-ASA1,11,4 346.595 (3m) No more than 2 persons may ride on a motorcycle having 2 wheels in tandem during operation unless a sidecar has been attached to the motorcycle as provided in s. 340.01 (32) (a) 1. and the additional passengers are provided with adequate seating within the sidecar.

AB78-ASA1,30 Section 30. 347.09 (1) (b) of the statutes is amended to read:

AB78-ASA1,11,8 347.09 (1) (b) Every moped or Type 1 motorcycle shall be equipped with at least one and not more than 2 headlamps, which headlamps shall comply with the requirements and limitations set forth in sub. (2) and s. 347.10.

AB78-ASA1,31 Section 31. 347.15 (1) of the statutes is amended to read:

AB78-ASA1,11,20 347.15 (1) No person may sell any new motor vehicle, other than a moped or Type 1 motorcycle, unless such motor vehicle is equipped with direction signal lamps meeting the requirements of this section. No person may operate on a highway any motor vehicle sold new after January 1, 1955, or any mobile home, or trailer or semitrailer sold new after January 1, 1968, other than a vehicle which is operated pursuant to s. 341.47 (1) (b) or a moped or Type 1 motorcycle, unless such vehicle is equipped with direction signal lamps meeting the requirements of this section. Any other vehicle may be equipped with such lamps. Subsection (3m) notwithstanding direction signals are not required on trailers when the rear direction signals on the towing vehicle are fully visible from all distances to the rear to 300 feet during normal sunlight when viewed from the driver's seat of the vehicle following.

AB78-ASA1,32 Section 32 . 347.35 (1a) of the statutes is amended to read:

AB78-ASA1,12,12 347.35 (1a) Parking brakes. Every such vehicle and combination of vehicles, except mopeds and Type 1 motorcycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading on a surface free from snow, ice or loose material. The parking brakes shall be capable of being applied by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.

AB78-ASA1,33 Section 33. 347.42 of the statutes is amended to read:

AB78-ASA1,12,19 347.42 Windshield wipers. No person may operate on a highway any motor vehicle equipped with a windshield, except a moped or Type 1 motorcycle, unless the motor vehicle also is equipped with a device for cleaning rain, snow or other moisture from the windshield. The device shall be so constructed as to be controlled or operated by the operator of the vehicle and shall at all times be maintained in good working order.

AB78-ASA1,34 Section 34. 347.485 (title) and (1) of the statutes are amended to read:

AB78-ASA1,13,2 347.485 (title) Protective headgear for use on Type 1 motorcycles. (1) (a) No person who holds an instructional permit under s. 343.07 (4) or who is under 18 years of age may operate or ride upon a Type 1 motorcycle on any highway unless the person is wearing protective headgear of a type which meets the standards established for motorcycle operation in 49 CFR 571.218 and the chin strap is properly fastened.

AB78-ASA1,13,4 (am) No person may operate a Type 1 motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear.

AB78-ASA1,13,7 (b) No person may sell or offer for sale any protective headgear for use by a driver or passenger on a Type 1 motorcycle, not meeting the standards established for motorcycle operation in 49 CFR 571.218.

AB78-ASA1,35 Section 35. 347.485 (2) (c) of the statutes is amended to read:

AB78-ASA1,13,12 347.485 (2) (c) Notwithstanding par. (a), if the motorcycle vehicle is a Type 2 motorcycle an autocycle equipped with a windshield or a Type 1 motorcycle equipped with a windshield that rises a minimum of 15 inches above the handlebar, the use of other eye protective devices is not mandatory.

AB78-ASA1,36 Section 36. 347.485 (3) of the statutes is amended to read:

AB78-ASA1,13,18 347.485 (3) No person may rent, lease or loan a Type 1 motorcycle to another unless he or she has ascertained that such party has the required eye protection and, if the party holds an instructional permit under s. 343.07 (4) or is under 18 years of age, that the party has the required protective headgear for operating the Type 1 motorcycle.

AB78-ASA1,37 Section 37. 347.485 (4) of the statutes is amended to read:

AB78-ASA1,13,22 347.485 (4) Every person in the Type 1 motorcycle rental business shall have clean, usable protective headgear for rent in sufficient quantity to care for the needs of all customers.

AB78-ASA1,38 Section 38. 347.486 (1) of the statutes is amended to read:

AB78-ASA1,14,3 347.486 (1) No person may operate a Type 1 motorcycle if the handlegrips of the handlebars rise more than 30 inches above the lowest point of the top of the driver's seat when the seat is occupied.

AB78-ASA1,39 Section 39. 347.486 (2) of the statutes is amended to read:

AB78-ASA1,14,6 347.486 (2) No person may operate a Type 1 motorcycle with an improvised, defective or repaired handlebar.

AB78-ASA1,40 Section 40. 347.487 of the statutes is amended to read:

AB78-ASA1,14,13 347.487 Seating requirements. Except as provided in s. 346.595 (3m), no more than 2 persons may ride on a Type 1 motorcycle during operation, and then only if the vehicle is equipped and designed with adequate seats and foot rests or pegs. Foot rests or pegs shall be mounted in accordance with manufacturer's specifications. In the absence of manufacturer's specifications, foot rests or pegs for the passenger shall be located on the same horizontal plane as those of the operator.

AB78-ASA1,41 Section 41 . 349.13 (6) of the statutes is amended to read:

AB78-ASA1,14,18 349.13 (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, may establish parking areas for mopeds only marked by appropriate signs, and may regulate the parking of mopeds.

AB78-ASA1,42 Section 42. 990.01 (43m) of the statutes is renumbered 990.01 (21m) and amended to read:

AB78-ASA1,14,22 990.01 (21m) Type 1 motorcycle. “ Type 1 motorcycle” Motorcycle. “Motorcycle" is a motor vehicle as defined in s. 340.01 (32) (a).

AB78-ASA1,43 Section 43 . 990.01 (43r) of the statutes is repealed.

AB78-ASA1,44 Section 44. Effective date.

AB78-ASA1,15,2 (1) This act takes effect on the first day of the 3rd month beginning after publication.

AB78-ASA1,15,3 (End)