2019 - 2020 LEGISLATURE
March 7, 2019 - Introduced by Senators Jacque,
Kapenga, Marklein, Schachtner
and Stroebel, cosponsored by Representatives Knodl,
Edming, Felzkowski, Gundrum, Horlacher, Kerkman, Kuglitsch, Kulp,
Kurtz, Mursau, Novak, Oldenburg, Petryk, Plumer, Pronschinske,
Ramthun, Rodriguez, Rohrkaste, Shankland, Tittl, Tranel, Tusler,
VanderMeer and Wichgers. Referred to Committee on Transportation,
Veterans and Military Affairs.
1An Act to repeal
340.01 (32) (a) (intro.); to renumber
340.01 (32) (a) 1., 340.01 2
(32) (a) 2. and 340.01 (32) (b); to renumber and amend
990.01 (43m); to
20.395 (5) (dr), 20.395 (5) (eh), 85.30, 340.01 (29m) (am) 2., 340.01 (32) 4
(intro.), 340.01 (38m) (a) 1., 341.10 (6), 343.03 (3) (a), 343.04 (1) (e), 343.05 (3) 5
(b), 343.07 (1g) (intro.), 343.07 (4) (title) and (a), 343.07 (4) (b), 343.08 (1) (a), 6
343.08 (2) (a), 343.16 (1) (d) 1., 343.16 (2) (b), 343.17 (3) (c) 5., 343.32 (4), 346.54 7
(1) (cm), 346.595 (1), 346.595 (3), 346.595 (3m), 347.09 (1) (b), 347.15 (1), 347.35 8
(1a), 347.42, 347.485 (title) and (1), 347.485 (2) (c), 347.485 (3), 347.485 (4), 9
347.486 (1), 347.486 (2), 347.487 and 990.01 (43r); and to create
340.01 (3m) 10
and 341.25 (1) (bg) of the statutes;
relating to: registration and operation of
11vehicles 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. This bill eliminates the definition for the Type 2
motorcycle and creates a definition for an autocycle. A “Type 1 autocycle" is defined
as a motor vehicle, excluding a tractor, an all-terrain vehicle, or a utility terrain
vehicle, that is designed and built to have a steering wheel, foot-operated pedals for
controlling acceleration and braking, and at least three wheels in contact with the
ground. A “Type 2 autocycle” is a vehicle meeting the current definition of a Type 2
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
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.395 (5) (dr) of the statutes is amended to read:
(dr) Transportation safety, state funds.
The amounts in the schedule 3
for activities related to highway safety under s. 85.07 and the
moped, and motor bicycle safety program under s. 85.30.
20.395 (5) (eh) of the statutes is amended to read:
(eh) Motorcycle safety program supplement, state funds.
From the 7
general fund, all moneys received under s. 341.14 (6r) (b) 14m., for activities under 8
the Type 1
motorcycle, moped, and motor bicycle safety program under s. 85.30 9
limited to evaluation of basic rider education courses, conducting public workshops,
rallies, and programs related to Type 1
motorcycle safety and training, and making 2
grants for providing motorcycle riding courses.
85.30 of the statutes is amended to read:
485.30 Type 1 motorcycle
Motorcycle, moped and motor bicycle safety
The department shall develop and administer a Type 1
moped and motor bicycle safety program. The program shall include operational 7
skills training, safety education and public awareness and such other elements as 8
the department deems desirable. The safety education program for
Type 1 9
motorcycles shall include instruction as to the proper eye protection to be worn 10
during hours of darkness. The department may make grants under this program for 11
establishment of courses which further the aims of this program. The department 12
shall adopt rules to implement this section.
340.01 (3m) of the statutes is created to read:
“Autocycle" means a motor vehicle, excluding a tractor, an 15
all-terrain vehicle, or a utility terrain vehicle, that is capable of speeds in excess of 16
30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, 17
with a power source as an integral part of the vehicle, and that meets either of the 18
(a) Type 1 is a motor vehicle designed and built to have at least 3 wheels in 20
contact with the ground, seating for the operator and one passenger, a steering 21
wheel, and foot-operated pedals for controlling acceleration and braking.
340.01 (29m) (am) 2. of the statutes is amended to read:
(am) 2. A Type 1
motorcycle with an automatic transmission and 24
an engine certified by the manufacturer at not more than 50 cubic centimeters or an 25
equivalent power unit.
340.01 (32) (intro.) of the statutes is amended to read:
(intro.) “Motorcycle" means a motor vehicle, excluding a tractor, an 3
all-terrain vehicle, or a utility terrain vehicle, which that
is capable of speeds in 4
excess of 30 miles per hour with a 150-pound rider on a dry, level, hard surface with 5
no wind, with a power source as an integral part of the vehicle, and
meets 6either of
conditions under par. (a) or (b)
340.01 (32) (a) (intro.) of the statutes is repealed.
340.01 (32) (a) 1. of the statutes is renumbered 340.01 (32) (c).
340.01 (32) (a) 2. of the statutes is renumbered 340.01 (32) (d).
340.01 (32) (b) of the statutes is renumbered 340.01 (3m) (b).
340.01 (38m) (a) 1. of the statutes is amended to read:
(a) 1. A motor vehicle that is designed and constructed to carry 13
no more than 2 persons and to be used for collecting residential and commercial solid 14
waste, such as yard waste, recyclable materials, and household garbage, refuse, and 15
rubbish, landscaping, or incidental street maintenances; that is not certified by the 16
manufacturer for on-road use or that is certified by the manufacturer as meeting the 17
equipment standards for a low-speed vehicle under 49 CFR 571.500
; and that 18
satisfies the equipment standards for a Type 2 automobile or Type 2 motorcycle 19autocycle
under ch. 347 or the equipment standards for a low-speed vehicle under 2049 CFR 571.500
341.10 (6) of the statutes is amended to read:
The vehicle was manufactured after 1969 and does not meet 23
manufacturer or importer certification label requirements as specified in 49 CFR 567 24
or the vehicle is a Kei class vehicle. This subsection does not apply to autocycles, 25
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 2
registration under s. 341.269, or special interest vehicles, as defined in s. 341.266 (1) 3
(c), for which the department receives an application, and which are eligible, for 4
registration under s. 341.266.
341.25 (1) (bg) of the statutes is created to read:
(bg) For each autocycle, a fee of $45.
343.03 (3) (a) of the statutes is amended to read:
(a) Regular license.
The standard license legend is “regular" or a 9
readily recognizable abbreviation thereof. The regular license, without any express 10
endorsements or restrictions as provided in this chapter, authorizes the licensee to 11
operate only “class D" vehicles as described in s. 343.04 (1) (d), except as otherwise 12
provided in this subsection. The license may be endorsed to permit operation of Type
motorcycles or school buses that are not commercial motor vehicles. A regular 14
license may be subject to restrictions.
343.04 (1) (e) of the statutes is amended to read:
(e) Class M.
A “Class M" vehicle is any Type 1
343.05 (3) (b) of the statutes is amended to read:
(b) No person may operate a Type 1
motorcycle unless the person 19
possesses a valid operator's license specifically authorizing the operation of Type 1
343.07 (1g) (intro.) of the statutes is amended to read:
343.07 (1g) Regular permit; issuance, restrictions.
(intro.) Upon application 23
therefor by a person at least 15 years and 6 months of age who, except for age or lack 24
of training in the operation of a motor vehicle, is qualified to obtain an operator's 25
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 2
male who is at least 18 years of age but less than 26 years of age, the application shall 3
include the information required under s. 343.14 (2) (em). The permit entitles the 4
permittee to operate a motor vehicle, except a commercial motor vehicle, school bus, 5
or Type 1
motorcycle, a motor bicycle, or a moped, upon the highways, subject to the 6
343.07 (4) (title) and (a) of the statutes are amended to read:
(title) Instruction permits; Type 1 motorcycle, motor bicycle
(a) Subject to s. 343.16 (1) (a), upon application by a person who qualifies for 10
issuance of a license under s. 343.06 (1) (c) and who wishes to qualify for the operation 11
of a Type 1
motorcycle, the department may issue an instruction permit for the 12
operation of “Class M" vehicles.
343.07 (4) (b) of the statutes is amended to read:
(b) The permit for Type 1
motorcycle operation shall be valid for 6 15
months. The department shall issue no more than 3 permits for Type 1
operation to a person unless the person has successfully completed a rider course 17
approved by the department. The department may, by rule, exempt certain persons 18
from the rider course requirement of this paragraph. The permit for
Type 1 19
motorcycle operation entitles the permittee to operate a Type 1
motorcycle subject 20
to the following restrictions:
1. No passenger may accompany the permittee except that a person with at 22
least 2 years of licensed driving experience and whose license is endorsed for Type
motorcycle operation may ride as a passenger-instructor.