2017 Wisconsin Act 13

346.23 (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 personal delivery device, 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 that has started to cross the highway on a green signal or a pedestrian signal authorizing crossing and in all other cases pedestrians, bicyclists, and riders of electric personal assistive mobility devices shall yield, and personal delivery device operators shall ensure that personal delivery devices 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, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device crossing in the crosswalk on a green signal or a pedestrian signal authorizing crossing 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).

13,9 Section 9. 346.23 (2) of the statutes is amended to read:

346.23 (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, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device who that 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 signal or a pedestrian signal authorizing crossing in the favor of the pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device.

13,10 Section 10. 346.24 (1) of the statutes is amended to read:

346.24 (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 personal delivery device, 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 that is crossing the highway within a marked or unmarked crosswalk.

13,11 Section 11. 346.24 (2) of the statutes is amended to read:

346.24 (2) No pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device shall may suddenly leave, and no personal delivery device operator may allow a personal delivery device to 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.

13,12 Section 12. 346.24 (3) of the statutes is amended to read:

346.24 (3) Whenever any vehicle is stopped at an intersection or crosswalk to permit a pedestrian, personal delivery device, 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 may not overtake and pass the stopped vehicle.

13,13 Section 13. 346.28 (title) of the statutes is amended to read:

346.28 (title) Pedestrians to walk on left side of highway; pedestrians, bicyclists, and riders of electric personal assistive mobility devices drivers to yield on sidewalks.

13,14 Section 14. 346.28 (2) of the statutes is amended to read:

346.28 (2) Operators of vehicles shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric personal assistive mobility devices on sidewalks as required by s. 346.47.

13,15 Section 15. 346.30 (1) (a) of the statutes is amended to read:

346.30 (1) (a) Any pedestrian violating s. 346.23, 346.24 (2), 346.25, 346.28 or 346.29 and any personal delivery device operator violating s. 346.23 or 346.24 (2) may be required to forfeit not less than $2 nor more than $20 for the first offense and not less than $10 nor more than $50 for the 2nd or subsequent conviction within a year.

13,15m Section 15m. 346.37 (1) (intro.) of the statutes is amended to read:

346.37 (1) (intro.) Whenever traffic is controlled by traffic control signals exhibiting different colored lights successively, or with arrows, the following colors shall be used and shall indicate and apply to operators of vehicles, personal delivery device operators, and pedestrians as follows:

13,16 Section 16. 346.37 (1) (a) 2. of the statutes is 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, and personal delivery device operators may allow personal delivery devices to proceed, across the roadway within any marked or unmarked crosswalk.

13,17 Section 17. 346.37 (1) (c) 2. of the statutes is amended to read:

346.37 (1) (c) 2. No pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall enter, and no personal delivery device operator may allow a personal delivery device facing such signal to enter, the roadway unless he or she can do so safely and without interfering with any vehicular traffic.

13,18 Section 18. 346.37 (1) (c) 3. of the statutes is amended to read:

346.37 (1) (c) 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. Vehicular traffic in the leftmost right-turn lane of a roadway that provides 2 right-turn lanes may make a right turn on a red signal into a lawfully available lane that is 2nd to the rightmost lane for traffic moving to the right. Except for a vehicle turning right from the leftmost right-turn lane of a roadway that provides 2 right-turn lanes, no turn may be made on a red signal if lanes of moving traffic are crossed. No turn may be made on a red signal if a sign at the intersection prohibits the turn on a red signal. In making a turn on a red signal vehicular traffic shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk, to operators of vehicles making a lawful U-turn, and to other traffic lawfully using the intersection.

13,19 Section 19. 346.37 (1) (c) 4. of the statutes is amended to read:

346.37 (1) (c) 4. Notwithstanding subd. 1., a motorcycle, moped, motor bicycle, or bicycle facing a red signal at an intersection may, after stopping as required under subd. 1. for not less than 45 seconds, proceed cautiously through the intersection before the signal turns green if no other vehicles are present at the intersection to actuate the signal and the operator of the motorcycle, moped, motor bicycle, or bicycle reasonably believes the signal is vehicle actuated. The operator of a motorcycle, moped, motor bicycle, or bicycle proceeding through a red signal under this subdivision shall yield the right-of-way to any vehicular traffic, pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device proceeding through a green signal at the intersection or lawfully within a crosswalk or using the intersection. This subdivision does not affect any authorization for a bicyclist under subd. 2.

13,20 Section 20. 346.37 (1) (d) 1. of the statutes is amended to read:

346.37 (1) (d) 1. Vehicular traffic facing a green arrow signal may enter the intersection to make the movement indicated by the arrow but shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. Vehicular traffic facing a left turn arrow may make a U-turn unless a sign prohibits U-turns. When the green arrow signal indicates a right or left turn traffic shall cautiously enter the intersection.

13,21 Section 21. 346.37 (1) (d) 2. of the statutes is amended to read:

346.37 (1) (d) 2. No pedestrian, bicyclist, or rider of electric personal assistive mobility device facing such signal shall may enter, and no personal delivery device operator may allow a personal delivery device facing such signal to enter, the roadway unless he or she can do so safely and without interfering with any vehicular traffic.

13,22 Section 22. 346.37 (1) (e) 1. of the statutes is amended to read:

346.37 (1) (e) 1. Vehicular traffic facing a flashing yellow arrow signal may cautiously enter the intersection to make the movement indicated by the arrow but shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. Vehicular traffic facing a left turn arrow may make a U-turn unless a sign prohibits U-turns.

13,23 Section 23. 346.37 (1) (e) 2. of the statutes is amended to read:

346.37 (1) (e) 2. No pedestrian, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall may enter, and no personal delivery device operator may allow a personal delivery device facing such signal to enter, the roadway unless he or she can do so safely and without interfering with any vehicular traffic.

13,23m Section 23m. 346.37 (3) of the statutes is amended to read:

346.37 (3) If a traffic control signal suffers a loss of power or otherwise malfunctions so that the traffic control signal does not exhibit any color of light, vehicular traffic, pedestrians, and persons riding bicycles or electric personal assistive mobility devices shall proceed, and personal delivery device operators shall ensure that personal delivery devices proceed, at the traffic control signal as if the traffic control signal were an official stop sign and shall comply with the requirements applicable under ss. 346.18 (1) and (3) and 346.46 (1), (2), and (4), unless otherwise directed by a traffic officer.

13,24 Section 24. 346.38 (1) of the statutes is 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 pedestrian signal authorizing crossing may proceed, and a personal delivery device operator may allow a personal delivery device facing a pedestrian signal authorizing crossing to 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, personal delivery device, bicyclist, or electric personal assistive mobility device rider.

13,25 Section 25. 346.38 (2) of the statutes is amended to read:

346.38 (2) Don't walk. No pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device may start to cross, and no personal delivery device operator may allow a personal delivery device to start to cross, the roadway or other vehicular crossing in the direction of a pedestrian signal limiting crossing, regardless of whether the signal is steady or flashing, but any pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device who that has partially completed crossing on the pedestrian signal authorizing crossing may proceed to a sidewalk or safety zone while a pedestrian signal limiting crossing is showing.

13,26 Section 26 . 346.43 (1) (a) of the statutes is amended to read:

346.43 (1) (a) Any pedestrian or personal delivery device operator violating s. 346.37 or 346.38 may be required to forfeit not less than $2 nor more than $20 for the first offense and not less than $10 nor more than $50 for the 2nd or subsequent conviction within a year.

13,26c Section 26c. 346.445 (title) of the statutes is amended to read:

346.445 (title) Limitations on pedestrians and personal delivery devices crossing railroad tracks.

13,26g Section 26g. 346.445 (1) (intro.) of the statutes is amended to read:

346.445 (1) (intro.) No pedestrian may enter or cross a railroad crossing, and no personal delivery device operator may allow a personal delivery device to enter or cross a railroad crossing, under any of the following circumstances:

13,26n Section 26n. 346.445 (1) (b) of the statutes is amended to read:

346.445 (1) (b) While a warning device signals to stop, except that if the pedestrian after stopping and investigating, or the personal delivery device operator after stopping the personal delivery device and investigating, finds that no railroad train or railroad track equipment is approaching, the pedestrian or personal delivery device may proceed.

13,26r Section 26r. 346.445 (2) of the statutes is amended to read:

346.445 (2) No pedestrian may cross, and no personal delivery device operator may allow a personal delivery device to cross, through, around, over, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

13,26w Section 26w. 346.445 (3) of the statutes is amended to read:

346.445 (3) No pedestrian may cross through or around or climb over or under, and no personal delivery device operator may allow a personal delivery device to cross through or around or climb over or under, a railroad train or railroad track equipment while the railroad train or railroad track equipment occupies a railroad crossing.

13,27 Section 27. 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, bicyclist, personal delivery device, 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.

13,27m Section 27m. 346.495 (1) (a) of the statutes is amended to read:

346.495 (1) (a) If a court imposes a forfeiture under s. 346.49 (1g) or (2m) (a), (am), (b), or (c) for a violation of s. 346.44, 346.445, 346.45, or 346.46 (3), the court shall also impose a railroad crossing improvement surcharge under ch. 814 equal to 50 percent of the amount of the forfeiture. This paragraph does not apply to a personal delivery device operator.

13,28 Section 28. Subchapter XII (title) of chapter 346 [precedes 346.77] of the statutes is amended to read:

CHAPTER 346

subchapter XII

BICYCLES, ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES,
personal delivery devices,
AND PLAY VEHICLES

13,29 Section 29. 346.80 (5) of the statutes is amended to read:

346.80 (5) Except as provided in ss. 346.23, 346.24, 346.37, and 346.38, every rider of a bicycle or electric personal assistive mobility device shall, upon entering on a highway, yield, and every personal delivery device operator shall ensure that the personal delivery device, upon entering on a highway, yield the right-of-way to motor vehicles.

13,30 Section 30. 346.807 of the statutes is created to read:

346.807 Operating personal delivery device on sidewalk. (1) Except as provided in s. 346.94 (18m) (a) 2. and 349.236 (1) (b), a personal delivery device may be operated upon any sidewalk or crosswalk.

(2) Every personal delivery device operator shall ensure that the operation of the personal delivery device upon a sidewalk or crosswalk satisfies all of the following:

(a) The personal delivery device operator shall control or monitor the navigation and operation of the device.

(b) The device may not go upon any roadway except while crossing a roadway at a crosswalk.

(c) The device shall be operated with due care.

(d) The device shall comply with each traffic signal and sign.

(e) The speed of the device may not exceed 10 miles per hour.

(f) The device shall yield the right-of-way to a pedestrian.

13,31 Section 31 . 346.82 (title) of the statutes is amended to read:

346.82 (title) Penalty for violating sections 346.77 to 346.805 346.807.

13,32 Section 32 . 346.82 (1) of the statutes is amended to read:

346.82 (1) Any person violating ss. 346.77, 346.79 (1) to (3), or 346.80 to 346.805 346.807 may be required to forfeit not more than $20.

13,33 Section 33. 346.94 (18m) of the statutes is created to read:

346.94 (18m) Personal delivery devices on sidewalks and crosswalks. (a) 1. Except as otherwise prohibited in this chapter, a personal delivery device operator may operate a personal delivery device upon a sidewalk or crosswalk that is under the jurisdiction of the department.

2. Except as provided in s. 349.236 (1) (c), the department may by rule prohibit personal delivery devices upon any sidewalk under its jurisdiction. This subdivision does not apply upon any sidewalk at a permanent or temporarily established driveway.

(b) A personal delivery device operator may operate a personal delivery device upon any sidewalk under the jurisdiction of a local authority, subject to any prohibitions specified by municipal ordinance enacted under s. 349.236.

13,34 Section 34 . 346.95 (6) of the statutes is amended to read:

346.95 (6) Any person violating s. 346.94 (17) or, (18), or (18m) may be required to forfeit not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the 2nd or subsequent conviction within a year.

13,35 Section 35. 347.02 (1) (k) of the statutes is created to read:

347.02 (1) (k) Personal delivery devices.

13,36 Section 36. 347.245 (1) of the statutes is amended to read:

347.245 (1) No person may operate on a highway any vehicle or equipment, any implement of husbandry, any animal-drawn vehicle, or any other machinery, including all road machinery, that usually travels at speeds of less than 25 miles per hour or any vehicle operated under a special restricted operator's license issued under s. 343.135 or any lightweight utility vehicle, as defined in s. 346.94 (21) (a) 2., unless there is displayed on the most practicable visible rear area of the vehicle or combination of vehicles, a slow moving vehicle (SMV) emblem as described in and displayed as provided in sub. (2). Any towed vehicle or machine is exempt from this provision if the towing vehicle is visible from the rear and is in compliance with this section. All road machinery is excluded when it is engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs. The requirement of the emblem shall be in addition to any lighting devices required or permitted by law. Mopeds and motor bicycles are excluded from the provisions of this section unless they are operated under a special restricted operator's license issued under s. 343.135. Electric personal assistive mobility devices and personal delivery devices are excluded from the provisions of this section. The SMV emblem need not be displayed on vehicles moving directly across the highway.

13,37 Section 37. 347.489 (title) of the statutes is amended to read:

347.489 (title) Lamps and other equipment on bicycles, motor bicycles, and electric personal assistive mobility other vehicles and devices.

13,38 Section 38. 347.489 (1) of the statutes is amended to read:

347.489 (1) No person may operate a bicycle, motor bicycle, personal delivery device, or electric personal assistive mobility device upon a highway, sidewalk, bicycle lane, or bicycle way during hours of darkness unless the bicycle, motor bicycle, personal delivery device, or electric personal assistive mobility device is equipped with or, with respect to a bicycle or motor bicycle, the operator is wearing, a lamp emitting a white light visible from a distance of at least 500 feet to the front of the bicycle, motor bicycle, personal delivery device, or electric personal assistive mobility device. A bicycle, motor bicycle, personal delivery device, or electric personal assistive mobility device shall also be equipped with a red reflector that has a diameter of at least 2 inches of surface area or, with respect to an electric personal assistive mobility device, that is a strip of reflective tape that has at least 2 square inches of surface area, on the rear so mounted and maintained as to be visible from all distances from 50 to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in lieu of the red reflector.

13,39 Section 39. 347.489 (1m) of the statutes is created to read: