Date of enactment: April 23, 2014
2013 Senate Bill 509   Date of publication*: April 24, 2014
* Section 991.11, Wisconsin Statutes: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2013 WISCONSIN ACT 377
An Act to repeal 341.01 (2) (am), 347.21 (2), 348.05 (2) (c), 348.05 (3) and 348.27 (14); to renumber 100.47 (3); to renumber and amend 348.05 (2g), 348.07 (2) (e), 348.17 (5) and 348.28 (1); to amend 100.47 (2) (c), 100.47 (4) (intro.), 341.05 (17), 346.09 (1), 346.09 (3) (b), 346.13 (1), (2) and (3), 347.21 (1), 347.21 (1m), 347.22 (2), 347.245 (1), 347.245 (5), 348.05 (2) (a), 348.05 (2) (a), 348.06 (2), 348.07 (1), 348.08 (1) (b), 348.08 (1) (d), 348.08 (2), 348.15 (3) (b), 348.15 (3) (d), 348.15 (3) (f) 2., 348.15 (8), 348.16 (2), 348.17 (6) (a) 2., 348.17 (6) (a) 3., 348.21 (3) (intro.), 348.25 (4) (intro.), 348.25 (8) (b) (intro.), 348.25 (8) (e) and 348.25 (8) (f); to repeal and recreate 340.01 (24); and to create 100.47 (3) (b), 227.01 (13) (rs), 340.01 (1o), 346.05 (1) (g), 346.13 (4), 347.24 (3), 347.25 (2g), 348.01 (2) (bg), 348.01 (2) (bp), 348.02 (6), 348.03, 348.05 (2) (am), 348.05 (2g), 348.05 (2g) (b), 348.06 (2) (a) and (b), 348.07 (2) (e) 1., 348.07 (2m), 348.09 (3), 348.15 (3) (g), 348.15 (9), 348.17 (5) (a) 1. and 2., 348.21 (3t), 348.27 (19) and 348.28 (1) (b) of the statutes; relating to: operation of agricultural vehicles on highways and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
377,1 Section 1. 100.47 (2) (c) of the statutes is amended to read:
100.47 (2) (c) Lights and, reflectors, and other marking devices meeting the applicable requirements under ch. 347 at the time the farm equipment was manufactured, if farm equipment that can be operated on a highway.
377,2 Section 2. 100.47 (3) of the statutes is renumbered 100.47 (3) (a).
377,3 Section 3. 100.47 (3) (b) of the statutes is created to read:
100.47 (3) (b) No person in the business of selling farm equipment may sell farm equipment that can be operated on a highway unless, at the time of sale, the person who sells the farm equipment discloses to the buyer the gross vehicle weight of the farm equipment.
377,4 Section 4. 100.47 (4) (intro.) of the statutes is amended to read:
100.47 (4) Exceptions. (intro.) Subsection (2) does Subsections (2) and (3) (b) do not apply to:
377,5 Section 5. 227.01 (13) (rs) of the statutes is created to read:
227.01 (13) (rs) Relates to any form prescribed by the department of transportation under s. 348.03 (1) or 348.27 (19) (d) 1. or procedure prescribed under s. 348.27 (19) (d) 2.
377,6 Section 6. 340.01 (1o) of the statutes is created to read:
340.01 (1o) "Agricultural commercial motor vehicle" means a commercial motor vehicle to which all of the following apply:
(a) The vehicle is substantially designed or equipped, or materially altered from its original construction, for the purpose of agricultural use.
(b) The vehicle was designed and manufactured primarily for highway use.
(c) Unless the vehicle was manufactured prior to 1970, the vehicle was manufactured to meet federal motor vehicle safety standard certification label requirements as specified in 49 CFR 567.
(d) The vehicle is used exclusively in the conduct of agricultural operations.
(e) The vehicle is directly engaged in harvesting farm products, directly applies fertilizer, spray, or seeds to a farm field, or distributes feed to livestock.
377,7 Section 7. 340.01 (24) of the statutes is repealed and recreated to read:
340.01 (24) (a) Subject to par. (b), "implement of husbandry" means all of the following:
1. A self-propelled or towed vehicle that is manufactured, designed, or reconstructed to be used and that is exclusively used in the conduct of agricultural operations. An "implement of husbandry" may include any of the following:
a. A farm tractor.
b. A self-propelled combine; a self-propelled forage harvester; self-propelled fertilizer or pesticide application equipment but not including manure application equipment; towed tillage, planting, and cultivation equipment and its towing power unit; or another self-propelled vehicle that directly engages in harvesting farm products, directly applies fertilizer, spray, or seeds but not manure, or distributes feed to livestock.
c. A farm wagon, farm trailer, manure trailer, or trailer adapted to be towed by, or to tow or pull, another implement of husbandry.
2. A combination of vehicles in which each vehicle in the vehicle combination is an implement of husbandry as described in subd. 1. or in which an implement of husbandry described in subd. 1. c. is towed by a farm truck, farm truck tractor, or motor truck.
(b) "Implement of husbandry" does not include any of the following:
1. An agricultural commercial motor vehicle.
2. A vehicle that, notwithstanding s. 340.01 (8), is a commercial motor vehicle under 49 CFR 390.5.
377,8 Section 8. 341.01 (2) (am) of the statutes, as affected by 2013 Wisconsin Act 103, is repealed.
377,9 Section 9. 341.05 (17) of the statutes is amended to read:
341.05 (17) The vehicle is an implement of husbandry or an agricultural commercial motor vehicle.
377,10 Section 10. 346.05 (1) (g) of the statutes is created to read:
346.05 (1) (g) If the vehicle is a wide implement of husbandry, as defined in s. 347.24 (3) (a), being operated in compliance with any applicable requirement under s. 347.24 (3), 347.245 (1), or 347.25 (2g), and the vehicle is operated as much as practicable on the right half of the roadway and in the right-hand lane of a 3-lane highway, a portion of the vehicle may extend over the center of the roadway into any lane intended for travel in the opposite direction and may extend into any passing lane of a 3-lane highway. A wide implement of husbandry operated as described in this paragraph is subject to any restriction under ss. 346.06, 346.09 (2) and (3), and 346.59.
377,11 Section 11. 346.09 (1) of the statutes is amended to read:
346.09 (1) Upon any roadway where traffic is permitted to move in both directions simultaneously, the operator of a vehicle shall not drive to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be done in safety. In no case when overtaking and passing on a roadway divided into 4 or more clearly indicated lanes shall the operator of a vehicle drive to the left of the pavement marking indicating allocation of lanes to vehicles moving in the opposite direction or, in the absence of such marking, to the left of the center of the roadway. Except as provided in sub. (3) (b) and s. 346.05 (1) (g), in no case shall the operator of a vehicle drive in a lane when signs or signals indicate that such lane is allocated exclusively to vehicles moving in the opposite direction.
377,12 Section 12. 346.09 (3) (b) of the statutes is amended to read:
346.09 (3) (b) The operator of a vehicle may drive on the left side of the center of a roadway on any portion thereof which has been designated a no-passing zone, as described in par. (a), to overtake and pass, with care, any vehicle, except an implement of husbandry or agricultural commercial motor vehicle, traveling at a speed less than half of the applicable speed limit at the place of passing.
377,13 Section 13. 346.13 (1), (2) and (3) of the statutes are amended to read:
346.13 (1) The Except as provided in sub. (4), the operator of a vehicle shall drive as nearly as practicable entirely within a single lane and shall not deviate from the traffic lane in which the operator is driving without first ascertaining that such movement can be made with safety to other vehicles approaching from the rear.
(2) Upon Except as provided in s. 346.05 (1) (g), upon a 2-way roadway which is divided into 3 lanes the operator of a vehicle may not drive in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or U-turn, or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is marked or posted to give notice of the allocation.
(3) Notwithstanding sub. (2), but subject to sub. (4), when lanes have been marked or posted for traffic moving in a particular direction or at designated speeds, the operator of a vehicle shall drive in the lane designated.
377,14 Section 14. 346.13 (4) of the statutes is created to read:
346.13 (4) Upon a 2-way roadway with at least 2 lanes for travel in each direction, a wide implement of husbandry, as defined in s. 347.24 (3) (a), that is being operated in compliance with any applicable requirement under s. 347.24 (3), 347.245 (1), or 347.25 (2g), and that is being operated as much as practicable within a single lane may, to the extent necessary, extend into another lane intended for travel in the same direction if it does not impede other vehicles approaching from the rear.
377,14m Section 14m. 347.21 (1) of the statutes is amended to read:
347.21 (1) No person shall operate on a highway during hours of darkness any train of vehicles authorized by s. 348.08 (1) (d) unless there is mounted on each side of every vehicle in such train, including farm tractors and implements of husbandry, at least one lamp emitting a red or amber light visible from a distance of 500 feet to the side of the vehicle on which mounted or, in lieu thereof, at least one red or amber reflector or, notwithstanding s. 347.245, one slow moving vehicle emblem visible from all distances within 500 feet to 50 feet of the side of the vehicle when directly in front of lawful upper beams of headlamps.
377,15 Section 15. 347.21 (1m) of the statutes is amended to read:
347.21 (1m) No person shall operate on a highway during hours of darkness any train of vehicles authorized by s. 348.08 (1) (b) unless there is mounted on each side of every vehicle in such train, including farm tractors and implements of husbandry, at least one lamp emitting a red or amber light visible from a distance of 500 feet to the side of the vehicle on which mounted or, in lieu thereof, at least one red or amber reflector visible from all distances within 500 feet to 50 feet of the side of the vehicle when directly in front of lawful upper beams of headlamps.
377,16 Section 16. 347.21 (2) of the statutes is repealed.
377,17 Section 17. 347.22 (2) of the statutes is amended to read:
347.22 (2) No Except as provided in s. 347.25 (2g), no person shall operate or park a farm tractor, self-propelled farm implement, or lightweight utility vehicle, as defined in s. 346.94 (21) (a) 2., upon a highway during hours of darkness with any lamp thereon showing any light to the rear other than red or amber in color.
377,18 Section 18. 347.24 (3) of the statutes is created to read:
347.24 (3) (a) In this subsection, "wide implement of husbandry" means any implement of husbandry that has a total width in excess of 15 feet or that partly extends, when operated primarily on the right half of the roadway, over the center of the roadway into any lane intended for travel in the opposite direction.
(b) Except as provided in par. (bm), no person may operate on a highway any wide implement of husbandry manufactured before January 1, 2014, unless it is equipped with all of the following and any lamp or light required under this paragraph is lighted and visible at the time of operation:
1. At least 2 amber flashing warning lamps, visible from both the front and rear of the implement of husbandry. When lighted, these lamps shall be capable of being seen and distinguished under normal atmospheric conditions during hours of darkness at a distance of 500 feet from the front and rear of the implement of husbandry. These lamps shall be mounted, as nearly as practicable, to indicate the extreme width of the implement of husbandry, but not more than 16 inches from the lateral extremities of the implement of husbandry.
2. Red retroreflective conspicuity material, visible to the rear and mounted within 25 inches of, respectively, the extreme left and extreme right of the implement of husbandry and spaced as evenly as practicable. This conspicuity material shall be of such size and characteristics and so maintained as to be readily visible during the hours of darkness from all distances within 500 feet to 50 feet from the implement of husbandry when directly in front of lawful upper beams of headlamps.
3. At least 2 strips of yellow retroreflective conspicuity material visible to the front of the implement of husbandry. On the left and right sides of the implement of husbandry, the outer edge of at least one strip of this material shall be mounted within 16 inches of, respectively, the extreme left and extreme right of the implement of husbandry. This conspicuity material shall be of such size and characteristics and so maintained as to be readily visible during the hours of darkness from all distances within 500 feet to 50 feet from the implement of husbandry when directly in front of lawful upper beams of headlamps.
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