2001 WISCONSIN ACT 90
An Act to amend 23.117, 23.175 (2) (a), 23.33 (4) (d) 1. and 3., 29.001 (57), 59.84 (2) (j), 66.1001 (2) (c), 83.42 (1), 84.60 (1) (a), 167.31 (1) (h), 194.01 (7), 287.81 (1) (b), 340.01 (5e) and (5s), 340.01 (43), 340.01 (74), 344.01 (2) (g), 346.05 (1m), 346.075 (title) and (1), 346.16 (2) (b), the unnumbered subchapter title preceding 346.23, 346.23, 346.24, 346.25, 346.28 (title) and (2), 346.30 (1) (b) 2., 346.34 (1) (b), 346.36 (2), 346.37 (1) (a) 2., (c) 2. and 3. and (d), 346.38 (1) and (2), 346.43 (1) (b) 2., 346.47 (1), 346.49 (1) (b), (1g) (b) and (2m) (b), 346.54 (1) (e), 346.60 (5), 346.71 (2), the unnumbered subchapter title preceding 346.77, 346.80 (title) and (1), 346.80 (2) (a) (intro.), (b) and (c), 346.80 (3), 346.80 (4) and (5), 346.803 (title), (1) (intro.) and (a), (2) and (3), 346.804, 346.82 (title) and (1), 346.94 (12), 346.95 (6), 347.245 (1), 347.489 and 779.41 (2); and to create 340.01 (15pm), 341.058, 346.02 (12), 346.16 (2) (am), 346.803 (4), 346.805, 346.94 (18), 347.02 (1) (i), 349.015 and 349.236 of the statutes; relating to: electric personal assistive mobility devices, granting rule-making authority, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
90,1
Section
1. 23.117 of the statutes is amended to read:
23.117 Use of trails by bicycles and electric personal assistive mobility devices. (1) No person may operate a bicycle or electric personal assistive mobility device on a trail in a state park or in the Kettle Moraine state forest unless the department has determined that the trail will be opened for use by bicycles or electric personal assistive mobility devices and has posted the trail open for such use.
(3) The department shall patrol on a regular basis the trails in state parks and in the Kettle Moraine state forest that are open to use by bicycles or electric personal assistive mobility devices.
(4) Any council that is created by the natural resources board under s. 15.04 (1) (c) to advise the department on the opening of trails in state parks and in the Kettle Moraine state forest for use by bicycles or electric personal assistive mobility devices shall have its recommendations regarding such use reviewed and approved by the natural resources board before they are implemented.
90,2
Section
2. 23.175 (2) (a) of the statutes is amended to read:
23.175 (2) (a) Designate a system of state trails as part of the state park system for use by equestrians, bicyclists, riders of electric personal assistive mobility devices, cross-country skiers or hikers.
90,3
Section
3. 23.33 (4) (d) 1. and 3. of the statutes are amended to read:
23.33 (4) (d) 1. To cross a roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practical practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle prior to the crossing and yields the right-of-way to other vehicles and, pedestrians
, and electric personal assistive mobility devices using the roadway.
3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to all-terrain vehicle traffic. The crossing is authorized only if the crossing is done in the most direct manner practical practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle prior to the crossing and, pedestrians
, and electric personal assistive mobility devices using the roadway.
90,4
Section
4. 29.001 (57) of the statutes is amended to read:
29.001 (57) "Motor vehicle" means a self-propelled vehicle, including a combination of 2 or more vehicles or an articulated vehicle. "Motor vehicle" includes a snowmobile or an all-terrain vehicle. "Motor vehicle" does not include an aircraft or, a vehicle operated exclusively on rails, or an electric personal assistive mobility device.
90,5
Section
5. 59.84 (2) (j) of the statutes is amended to read:
59.84 (2) (j) Traffic types and speed limits. After an expressway project has been certified as completed, the public body having jurisdiction over the maintenance thereof shall have the power to regulate the type of vehicular use of such portion of the expressway except as limited by federal and state laws and regulations, and the power to fix speed limits thereon not in excess of the maximum speed limits for state trunk highways, and to provide and enforce reasonable penalties for infraction of such vehicular use regulation or speed limits. Notwithstanding s. 346.16 (2), the use of the expressways by pedestrians, mopeds, motor bicycles, motor scooters, bicycles, electric personal assistive mobility devices, funeral processions, and animals on foot and the hauling of oversized equipment without special permit shall be prohibited when an ordinance in conformity with this section and, with respect to prohibiting the use of electric personal assistive mobility devices, in conformity with s. 349.236 (1) (a) or (b) is enacted by the board, but a forfeiture provided therein shall not exceed the maximum forfeiture under s. 346.17 (2). The board may not prohibit the towing of disabled vehicles on expressways, except that the board may prohibit the towing of disabled vehicles during the peak hours of 7 a.m. to 9 a.m. and 4 p.m. to 6:30 p.m. as established under county ordinance and except that the board may establish procedures for and may contract for the towing of vehicles which have become disabled on the expressway.
90,6
Section
6. 66.1001 (2) (c) of the statutes is amended to read:
66.1001 (2) (c) Transportation element. A compilation of objectives, policies, goals, maps and programs to guide the future development of the various modes of transportation, including highways, transit, transportation systems for persons with disabilities, bicycles, electric personal assistive mobility devices, walking, railroads, air transportation, trucking and water transportation. The element shall compare the local governmental unit's objectives, policies, goals and programs to state and regional transportation plans. The element shall also identify highways within the local governmental unit by function and incorporate state, regional and other applicable transportation plans, including transportation corridor plans, county highway functional and jurisdictional studies, urban area and rural area transportation plans, airport master plans and rail plans that apply in the local governmental unit.
90,7
Section
7. 83.42 (1) of the statutes is amended to read:
83.42 (1) Purpose. In order to create and preserve rustic and scenic roads for vehicular, bicycle, electric personal assistive mobility device, and pedestrian travel in unhurried, quiet and leisurely enjoyment; to protect and preserve recreational driving, culture, beauty, trees, vegetation and wildlife by establishing protective standards of rustic road design, access, speed, maintenance and identification, which will promote a continuous system of rustic roads and scenic easements for the public health and welfare; a state system of rustic roads is created.
90,8
Section
8. 84.60 (1) (a) of the statutes is amended to read:
84.60 (1) (a) "Bikeway" means a public path, trail, lane or other way, including structures, traffic control devices and related support facilities and parking areas, designated for use by bicycles, electric personal assistive mobility devices, and other vehicles propelled by human power. The term also includes "bicycle lane" as defined in s. 340.01 (5e) and "bicycle way" as defined in s. 340.01 (5s).
90,9
Section
9. 167.31 (1) (h) of the statutes is amended to read:
167.31 (1) (h) "Vehicle" has the meaning given
under in s. 340.01 (74), and includes a snowmobile, as defined under in s. 340.01 (58a), and an electric personal assistive mobility device, as defined in s. 340.01 (15pm), except that for purposes of subs. (4) (c) and (cg) and (4m) "vehicle" has the meaning given for "motor vehicle" in s. 29.001 (57).
90,10
Section
10. 194.01 (7) of the statutes is amended to read:
194.01 (7) "Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus or any self-propelled or motor driven vehicle, except a motorcycle, moped, motor bicycle, electric personal assistive mobility device, or a vehicle operated on rails.
90,11
Section
11. 287.81 (1) (b) of the statutes is amended to read:
287.81 (1) (b) "Vehicle" has the meaning given in s. 340.01 (74), and includes an electric personal assistive mobility device, as defined in s. 340.01 (15pm).
90,12
Section
12. 340.01 (5e) and (5s) of the statutes are amended to read:
340.01 (5e) "Bicycle lane" means that portion of a roadway set aside by the governing body of any city, town, village, or county for the exclusive use of bicycles, electric personal assistive mobility devices, or other modes of travel where permitted under s. 349.23 (2) (a), and so designated by appropriate signs and markings.
(5s) "Bicycle way" means any path or sidewalk or portion thereof designated for the use of bicycles and electric personal assistive mobility devices by the governing body of any city, town, village, or county.
90,13
Section
13. 340.01 (15pm) of the statutes is created to read:
340.01 (15pm) "Electric personal assistive mobility device" means a self-balancing, 2-nontandem-wheeled device that is designed to transport only one person and which has an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.
90,14
Section
14. 340.01 (43) of the statutes is amended to read:
340.01 (43) "Pedestrian" means any person afoot or any person in a wheelchair, either manually or mechanically propelled, or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person, but does not include any person using an electric personal assistive mobility device.
90,15
Section
15. 340.01 (74) of the statutes is amended to read:
340.01 (74) "Vehicle" means every device in, upon
, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile or electric personal assistive mobility device shall not be considered a vehicle except for purposes made specifically applicable by statute.
90,16
Section
16. 341.058 of the statutes is created to read:
341.058 Electric personal assistive mobility devices. Electric personal assistive mobility devices, even though operated upon a highway of this state, are exempt from registration.
90,17
Section
17. 344.01 (2) (g) of the statutes is amended to read:
344.01 (2) (g) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except vehicles used exclusively upon stationary rails or tracks and except electric personal assistive mobility devices.
90,18
Section
18. 346.02 (12) of the statutes is created to read:
346.02 (12) Applicability to electric personal assistive mobility devices. An electric personal assistive mobility device shall be considered a vehicle for purposes of ss. 346.04 to 346.10, 346.12, 346.13, 346.15, 346.16, 346.18, 346.19, 346.20, 346.23 to 346.28, 346.31 to 346.35, 346.37 to 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 to 346.55, 346.57, 346.59, 346.62, 346.65 (5m), 346.67 to 346.70, 346.78, 346.80, 346.87, 346.88, 346.90, 346.91, and 346.94 (4), (5), (9), and (10), except those provisions which by their express terms apply only to motor vehicles or which by their very nature would have no application to electric personal assistive mobility devices.
90,19
Section
19. 346.05 (1m) of the statutes is amended to read:
346.05 (1m) Notwithstanding sub. (1), any person operating a bicycle or electric personal assistive mobility device may ride on the shoulder of a highway unless such riding is prohibited by the authority in charge of the maintenance of the highway.
90,20
Section
20. 346.075 (title) and (1) of the statutes are amended to read:
346.075 (title) Overtaking and passing bicycles, electric personal assistive mobility devices, and motor buses. (1) The operator of a motor vehicle overtaking a bicycle or electric personal assistive mobility device proceeding in the same direction shall exercise due care, leaving a safe distance, but in no case less than 3 feet clearance when passing the bicycle or electric personal assistive mobility device, and shall maintain clearance until safely past the overtaken bicycle or electric personal assistive mobility device.
90,21
Section
21. 346.16 (2) (am) of the statutes is created to read:
346.16 (2) (am) Except as provided in par. (b), no person riding an electric personal assistive mobility device may go upon any expressway or freeway when official signs have been erected prohibiting persons specified in par. (a) from using the expressway or freeway.
90,22
Section
22. 346.16 (2) (b) of the statutes is amended to read:
346.16 (2) (b) A pedestrian or other person under par. (a) or (am) may go upon a portion of a hiking trail, cross-country ski trail, bridle trail or bicycle trail incorporated into the highway right-of-way and crossing the highway if the portion of the trail is constructed under s. 84.06 (11).
90,23
Section
23. The unnumbered subchapter title preceding 346.23 of the statutes is amended to read:
Respective rights and duties
of drivers, pedestrians and,
bicyclists, and riders of
electric personal assistive
mobility devices
90,24
Section
24. 346.23 of the statutes is amended to read:
346.23 Crossing controlled intersection or crosswalk. (1) At an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person who is riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who has started to cross the highway on a green or "Walk" signal and in all other cases pedestrians and, bicyclists, and riders of electric personal assistive mobility devices shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a green signal. No operator of a vehicle proceeding ahead on a green signal may begin a turn at a controlled intersection or crosswalk when a pedestrian or, bicyclist, or rider of an electric personal assistive mobility device crossing in the crosswalk on a green or "Walk" signal would be endangered or interfered with in any way. The rules stated in this subsection are modified at intersections or crosswalks on divided highways or highways provided with safety zones in the manner and to the extent stated in sub. (2).
(2) At intersections or crosswalks on divided highways or highways provided with safety zones where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian or, bicyclist
, or rider of an electric personal assistive mobility device who has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or a safety zone with the green or "Walk" signal in the pedestrian's or bicyclist's favor of the pedestrian, bicyclist, or rider of an electric personal assistive mobility device.
90,25
Section
25. 346.24 of the statutes is amended to read:
346.24 Crossing at uncontrolled intersection or crosswalk. (1) At an intersection or crosswalk where traffic is not controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who is crossing the highway within a marked or unmarked crosswalk.
(2) No pedestrian or, bicyclist, or rider of an electric personal assistive mobility device shall suddenly leave a curb or other place of safety and walk, run, or ride into the path of a vehicle which is so close that it is difficult for the operator of the vehicle to yield.
(3) Whenever any vehicle is stopped at an intersection or crosswalk to permit a pedestrian or, bicyclist, or rider of an electric personal assistive mobility device to cross the roadway, the operator of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
90,26
Section
26. 346.25 of the statutes is amended to read:
346.25 Crossing at place other than crosswalk. Every pedestrian or, bicyclist, or rider of an electric personal assistive mobility device crossing a roadway at any point other than within a marked or unmarked crosswalk shall yield the right-of-way to all vehicles upon the roadway.
90,27
Section
27. 346.28 (title) and (2) of the statutes are amended to read:
346.28 (title) Pedestrians to walk on left side of highway; pedestrians and, bicyclists, and riders of electric personal assistive mobility devices on sidewalks.
(2) Operators of vehicles shall yield the right-of-way to pedestrians and, bicyclists
, and riders of electric personal assistive mobility devices on sidewalks as required by s. 346.47.
90,28
Section
28. 346.30 (1) (b) 2. of the statutes is amended to read:
346.30 (1) (b) 2. Any operator of a bicycle or electric personal assistive mobility device violating s. 346.23, 346.24 or 346.25 may be required to forfeit not more than $20.
90,29
Section
29. 346.34 (1) (b) of the statutes is amended to read:
346.34 (1) (b) In the event any other traffic may be affected by such movement, no person may so turn any vehicle without giving an appropriate signal in the manner provided in s. 346.35. When given by the operator of a vehicle other than a bicycle or electric personal assistive mobility device, such signal shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. The operator of a bicycle or electric personal assistive mobility device shall give such signal continuously during not less than the last 50 feet traveled before turning. A signal by the hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electric personal assistive mobility device.
90,30
Section
30. 346.36 (2) of the statutes is amended to read:
346.36 (2) Any operator of a bicycle or electric personal assistive mobility device violating ss. 346.31 to 346.35 may be required to forfeit not more than $20.
90,31
Section
31. 346.37 (1) (a) 2., (c) 2. and 3. and (d) of the statutes are amended to read:
346.37 (1) (a) 2. Pedestrians, and persons who are riding bicycles or electric personal assistive mobility devices in a manner which is consistent with the safe use of the crosswalk by pedestrians, facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
(c) 2. No pedestrian or, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic.
3. Vehicular traffic facing a red signal at an intersection may, after stopping as required under subd. 1., cautiously enter the intersection to make a right turn into the nearest lawfully available lane for traffic moving to the right or to turn left from a one-way highway into the nearest lawfully available lane of a one-way highway on which vehicular traffic travels to the left. No turn may be made on a red signal if lanes of moving traffic are crossed or if a sign at the intersection prohibits a turn. In making a turn on a red signal vehicular traffic shall yield the right-of-way to pedestrians and, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection.
(d) Green arrow. 1. Vehicular traffic facing a green arrow signal may enter the intersection only to make the movement indicated by the arrow but shall yield the right-of-way to pedestrians and, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. When the green arrow signal indicates a right or left turn traffic shall cautiously enter the intersection.
2. No pedestrian or, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic.
90,32
Section
32. 346.38 (1) and (2) of the statutes are amended to read:
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 "Walk" signal may 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 or, bicyclist, or electric personal assistive mobility device rider.
(2) Don't walk. No pedestrian or, bicyclist, or rider of an electric personal assistive mobility device may start to cross the roadway or other vehicular crossing in the direction of a "Don't Walk" signal, but any pedestrian or, bicyclist, or rider of an electric personal assistive mobility device who has partially completed crossing on the "Walk" signal may proceed to a sidewalk or safety zone while a "Don't Walk" signal is showing.
90,33
Section
33. 346.43 (1) (b) 2. of the statutes is amended to read:
346.43 (1) (b) 2. Any operator of a bicycle or electric personal assistive mobility device violating s. 346.37, 346.38 or 346.39 may be required to forfeit not more than $20.
90,34
Section
34. 346.47 (1) of the statutes is amended to read:
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 or, bicyclist, 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.
