Amendment ASA1-AB78

LRBs0043/1

ZDW:ahe

2019 - 2020 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 78

May 24, 2019 - Offered by Representative Knodl.

AB78-ASA1,1,11 An Act to repeal 340.01 (32) (a), 340.01 (32) (b) and 990.01 (43r); to renumber and amend 340.01 (32) (intro.) and 990.01 (43m); to amend 20.395 (5) (dr), 20.395 (5) (eh), 85.30, 340.01 (29m) (am) 2., 340.01 (38m) (a) 1., 341.10 (6), 343.03 (3) (a), 343.04 (1) (e), 343.05 (3) (b), 343.07 (1g) (intro.), 343.07 (4) (title) and (a), 343.07 (4) (b), 343.08 (1) (a), 343.08 (2) (a), 343.16 (1) (d) 1., 343.16 (2) (b), 343.17 (3) (c) 5., 343.32 (4), 346.54 (1) (cm), 346.595 (1), 346.595 (3), 346.595 (3m), 347.09 (1) (b), 347.15 (1), 347.35 (1a), 347.42, 347.485 (title) and (1), 347.485 (2) (c), 347.485 (3), 347.485 (4), 347.486 (1), 347.486 (2), 347.487 and 349.13 (6); and to create 218.0101 (2), 218.0114 (1m), 340.01 (3m) and 341.25 (1) (bg) of the statutes; relating to: registration and operation of vehicles defined as autocycles.

Analysis by the Legislative Reference Bureau

This bill creates a definition of an autocycle, which is a three-wheeled motor vehicle with operation controls similar to an automobile.

Under current law, there are two types of motorcycles. A “Type 1 motorcycle" is a motor vehicle which has either two wheels in tandem and a seat for the operator or three wheels and unenclosed seating for the operator and passengers. A “Type 2 motorcycle" is a motor vehicle with at least three wheels and an enclosed space for the operator and passengers. The bill eliminates the Type 1 and Type 2 motorcycle definitions and defines “motorcycle” as a motor vehicle originally manufactured with motive power, a seat or saddle requiring the rider to sit astride, not more than three wheels in contact with the ground, steering controlled by handlebars, and acceleration and braking controlled with handlebar and foot controls and that is capable of speeds in excess of 30 miles per hour.

The bill defines “autocycle” to mean a motor vehicle that has three wheels in contact with the ground, is designed with seating that does not require operators or any occupants to straddle or sit astride it, has a steering wheel, and is originally manufactured to meet federal motor vehicle safety standards for motorcycles. Under current law, no motor vehicle dealer may engage in business as a motor vehicle dealer without the appropriate dealership license. The bill provides that a motor vehicle dealer currently engaged in the sale of autocycles may continue selling autocycles without having to acquire a different type of dealership license.

Under current law, a motor vehicle may not be operated upon a highway in this state without a current, valid registration. Generally, the fee for registering an automobile with the Department of Transportation is $75 annually. The fee for registering a motorcycle is $23 biennially. Under this bill, the fee for registering an autocycle is $45 annually.

Under current law, no person may operate a motor vehicle upon a highway in this state unless the person possesses a valid operator's license. Additional endorsements are required for the operation of certain vehicles, including motorcycles. This bill classifies autocycles as “Class D" vehicles, which means they may be operated with the regular license issued by DOT without the need for additional endorsements.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB78-ASA1,1 Section 1. 20.395 (5) (dr) of the statutes is amended to read:

AB78-ASA1,2,4 20.395 (5) (dr) Transportation safety, state funds. The amounts in the schedule for activities related to highway safety under s. 85.07 and the Type 1 motorcycle, moped, and motor bicycle safety program under s. 85.30.

AB78-ASA1,2 Section 2. 20.395 (5) (eh) of the statutes is amended to read:

AB78-ASA1,3,6 20.395 (5) (eh) Motorcycle safety program supplement, state funds. From the general fund, all moneys received under s. 341.14 (6r) (b) 14m., for activities under the Type 1 motorcycle, moped, and motor bicycle safety program under s. 85.30 limited to evaluation of basic rider education courses, conducting public workshops, rallies, and programs related to Type 1 motorcycle safety and training, and making grants for providing motorcycle riding courses.

AB78-ASA1,3 Section 3. 85.30 of the statutes is amended to read:

AB78-ASA1,3,16 85.30 Type 1 motorcycle Motorcycle, moped and motor bicycle safety program. The department shall develop and administer a Type 1 motorcycle, moped and motor bicycle safety program. The program shall include operational skills training, safety education and public awareness and such other elements as the department deems desirable. The safety education program for Type 1 motorcycles shall include instruction as to the proper eye protection to be worn during hours of darkness. The department may make grants under this program for establishment of courses which further the aims of this program. The department shall adopt rules to implement this section.

AB78-ASA1,4 Section 4 . 218.0101 (2) of the statutes is created to read:

AB78-ASA1,3,18 218.0101 (2) “Autocycle” has the meaning given in s. 340.01 (3m).

AB78-ASA1,5 Section 5 . 218.0114 (1m) of the statutes is created to read:

AB78-ASA1,3,23 218.0114 (1m) A motor vehicle dealer engaged in the sale of autocycles with a license as provided in ss. 218.0101 to 218.0163 prior to the effective date of this subsection .... [LRB inserts date], may continue selling autocycles without having to acquire a different type of dealership license.

AB78-ASA1,6 Section 6 . 340.01 (3m) of the statutes is created to read:

AB78-ASA1,4,5 340.01 (3m) “Autocycle” means a motor vehicle that has 3 wheels in contact with the ground, is designed with seating that does not require operators or any occupants to straddle or sit astride it, has a steering wheel, and is originally manufactured to meet federal motor vehicle safety standards for motorcycles under 40 CFR part 571.

AB78-ASA1,7 Section 7. 340.01 (29m) (am) 2. of the statutes is amended to read:

AB78-ASA1,4,9 340.01 (29m) (am) 2. A Type 1 motorcycle with an automatic transmission and an engine certified by the manufacturer at not more than 50 cubic centimeters or an equivalent power unit.

AB78-ASA1,8 Section 8 . 340.01 (32) (intro.) of the statutes is renumbered 340.01 (32) and amended to read:

AB78-ASA1,4,19 340.01 (32) “Motorcycle" means a motor vehicle , excluding a tractor, an all-terrain vehicle, or a utility terrain vehicle, which originally manufactured with motive power, a seat or saddle requiring the rider to sit astride, not more than 3 wheels in contact with the ground, steering controlled by handlebars, and acceleration and braking controlled with handlebar and foot controls and that is capable of speeds in excess of 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, with a power source as an integral part of the vehicle, and which meets the conditions under par. (a) or (b):.

AB78-ASA1,9 Section 9 . 340.01 (32) (a) of the statutes is repealed.

AB78-ASA1,10 Section 10 . 340.01 (32) (b) of the statutes is repealed.

AB78-ASA1,11 Section 11. 340.01 (38m) (a) 1. of the statutes is amended to read:

AB78-ASA1,5,6 340.01 (38m) (a) 1. A motor vehicle that is designed and constructed to carry no more than 2 persons and to be used for collecting residential and commercial solid waste, such as yard waste, recyclable materials, and household garbage, refuse, and rubbish, landscaping, or incidental street maintenances; that is not certified by the manufacturer for on-road use or that is certified by the manufacturer as meeting the equipment standards for a low-speed vehicle under 49 CFR 571.500; and that satisfies the equipment standards for a Type 2 automobile or Type 2 motorcycle autocycle under ch. 347 or the equipment standards for a low-speed vehicle under 49 CFR 571.500.

AB78-ASA1,12 Section 12. 341.10 (6) of the statutes is amended to read:

AB78-ASA1,5,15 341.10 (6) The vehicle was manufactured after 1969 and does not meet manufacturer or importer certification label requirements as specified in 49 CFR 567 or the vehicle is a Kei class vehicle. This subsection does not apply to autocycles, former military vehicles, historic military vehicles, as defined in s. 341.269 (1) (a), for which the department receives an application, and which are eligible, for registration under s. 341.269, or special interest vehicles, as defined in s. 341.266 (1) (c), for which the department receives an application, and which are eligible, for registration under s. 341.266.

AB78-ASA1,13 Section 13. 341.25 (1) (bg) of the statutes is created to read:

AB78-ASA1,5,17 341.25 (1) (bg) For each autocycle, a fee of $45.

AB78-ASA1,14 Section 14. 343.03 (3) (a) of the statutes is amended to read:

AB78-ASA1,5,25 343.03 (3) (a) Regular license. The standard license legend is “regular" or a readily recognizable abbreviation thereof. The regular license, without any express endorsements or restrictions as provided in this chapter, authorizes the licensee to operate only “class D" vehicles as described in s. 343.04 (1) (d), except as otherwise provided in this subsection. The license may be endorsed to permit operation of Type 1 motorcycles or school buses that are not commercial motor vehicles. A regular license may be subject to restrictions.

AB78-ASA1,15 Section 15. 343.04 (1) (e) of the statutes is amended to read:

AB78-ASA1,6,2 343.04 (1) (e) Class M. A “Class M" vehicle is any Type 1 motorcycle.

AB78-ASA1,16 Section 16. 343.05 (3) (b) of the statutes is amended to read:

AB78-ASA1,6,6 343.05 (3) (b) No person may operate a Type 1 motorcycle unless the person possesses a valid operator's license specifically authorizing the operation of Type 1 motorcycles.

AB78-ASA1,17 Section 17. 343.07 (1g) (intro.) of the statutes is amended to read:

AB78-ASA1,6,17 343.07 (1g) Regular permit; issuance, restrictions. (intro.) Upon application therefor by a person at least 15 years and 6 months of age who, except for age or lack of training in the operation of a motor vehicle, is qualified to obtain an operator's license and has passed such knowledge test as the department may require, the department may issue a regular instruction permit. If the application is made by a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under s. 343.14 (2) (em). The permit entitles the permittee to operate a motor vehicle, except a commercial motor vehicle, school bus, or Type 1 motorcycle, a motor bicycle, or a moped, upon the highways, subject to the following restrictions:

AB78-ASA1,18 Section 18. 343.07 (4) (title) and (a) of the statutes are amended to read:

AB78-ASA1,6,23 343.07 (4) (title) Instruction permits; Type 1 motorcycle, motor bicycle , and moped. (a) Subject to s. 343.16 (1) (a), upon application by a person who qualifies for issuance of a license under s. 343.06 (1) (c) and who wishes to qualify for the operation of a Type 1 motorcycle, the department may issue an instruction permit for the operation of “Class M" vehicles.

AB78-ASA1,19 Section 19. 343.07 (4) (b) of the statutes is amended to read:

AB78-ASA1,7,7 343.07 (4) (b) The permit for Type 1 motorcycle operation shall be valid for 6 months. The department shall issue no more than 3 permits for Type 1 motorcycle operation to a person unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The permit for Type 1 motorcycle operation entitles the permittee to operate a Type 1 motorcycle subject to the following restrictions:

AB78-ASA1,7,10 1. No passenger may accompany the permittee except that a person with at least 2 years of licensed driving experience and whose license is endorsed for Type 1 motorcycle operation may ride as a passenger-instructor.

AB78-ASA1,7,13 2. The permittee may not operate a Type 1 motorcycle during hours of darkness unless accompanied by a licensed person 25 years of age or more and meeting the requirements of subd. 1.

AB78-ASA1,20 Section 20. 343.08 (1) (a) of the statutes is amended to read:

AB78-ASA1,7,20 343.08 (1) (a) The department must be satisfied that it is necessary for the applicant to operate an automobile, farm truck, dual purpose farm truck, Type 1 motorcycle powered with an engine of not more than 125 cubic centimeters displacement, Type 2 motorcycle autocycle, moped, or motor bicycle owned and registered by the applicant's parent or guardian or a farm truck leased to the applicant's parent or guardian.

AB78-ASA1,21 Section 21. 343.08 (2) (a) of the statutes is amended to read:

AB78-ASA1,8,5 343.08 (2) (a) A restricted license issued pursuant to this section is valid only until the licensee secures an operator's license issued pursuant to s. 343.03 or reaches 18 years of age and, except as provided in par. (b), entitles the licensee to operate an automobile, farm truck, dual purpose farm truck, Type 1 motorcycle powered with an engine of not more than 125 cubic centimeters displacement, Type 2 motorcycle autocycle, moped, or motor bicycle owned and registered by the licensee's parent or guardian or a farm truck leased to the licensee's parent or guardian or any combination of these vehicles, depending on the restrictions placed by the department on the particular license.

AB78-ASA1,22 Section 22 . 343.16 (1) (d) 1. of the statutes is amended to read:

AB78-ASA1,8,16 343.16 (1) (d) 1. That the department will issue a regular license, as described in s. 343.03 (3) (a), to any person moving to this state who has been licensed by the other country, province or other subdivision for at least 3 years, who presently holds a license to operate that type of vehicle, other than an instructional permit, from the other country, province or other subdivision and who is at least 21 years of age. Notwithstanding s. 343.03 (3) (a), a regular license issued under this subdivision may be endorsed to permit operation of Type 1 motorcycles, but may not be endorsed to permit operation of school buses. The department shall issue a probationary license under s. 343.085 to any other applicant who holds a valid operator's license issued by the other country, province or other subdivision.

AB78-ASA1,23 Section 23. 343.16 (2) (b) of the statutes is amended to read: