Chapter Trans 305

Trans 305.32(4)(b)2. 2. The windows are tinted by the application of tinting film to the inside of the glazing provided that the combination of the glazing and tinting film permits passage through the windows of at least 50% of the visible light striking the windows. Tinting films permitted under this subdivision may not be reflective.

Trans 305.32(4)(b)3. 3. The windows are tinted, upon the recommendation of a physician or a Christian Science practitioner treating the owner, or an immediate family member of the owner of the vehicle, by the application of tinting film to the inside of the glazing provided that the combination of the glazing and tinting film permits passage through the windows of at least 35% of the visible light striking the windows. Tinting films permitted under this subdivision may not be reflective. A written statement from the treating physician or Christian Science practitioner which identifies the patient, the medical condition justifying the recommendation, whether the condition is temporary or permanent and the vehicle to which the recommendation applies, including the make, model, year and vehicle identification number, shall be carried in the vehicle at all times. Tinting film applied under this subparagraph shall be removed when a vehicle covered by the recommendation is sold, when the person for whom a recommendation was made no longer resides in the household of the owner of the vehicle or when the duration of a temporary condition which is the basis for a recommendation has expired.

Trans 305.32(5) (5) 

Trans 305.32(5)(a) (a) The rear window may not have any sign, poster or other nontransparent material upon it, other than a certificate or sticker issued by order of a governmental agency.

Trans 305.32(5)(b) (b) Tinting of the rear window is permitted as follows:

Trans 305.32(5)(b)1. 1. The window is tinted by the manufacturer of the glazing and is installed as part of the original manufacturing process.

Trans 305.32(5)(b)2. 2. The window is tinted by the application of tinting film to the inside of the glazing provided that the combination of the glazing and tinting film permits passage through the window of at least 35% of the visible light striking the window. The tinting films permitted under this subdivision may not be reflective.

Trans 305.32(5)(b)3. 3. If a rear window does not transmit at least 60% of the visible light striking the window, the vehicle shall be equipped with an outside rearview mirror on the left and right side of the driver’s compartment.

Trans 305.32(6) (6) Tinting of rear side windows is permitted as follows:

Trans 305.32(6)(a) (a) The windows are tinted by the manufacturer of the glazing and are installed as part of the original manufacturing process.

Trans 305.32(6)(b) (b) The windows are tinted by the application of tinting film to the inside of the glazing provided that the combination of the glazing and tinting film permits passage through the windows of at least 35% of the visible light striking the window. The tinting films permitted under this subdivision may not be reflective.

Trans 305.32(7) (7) When measuring total light transmittance under subs. (4) (b), (5) (b) and (6), law enforcement officers shall allow a tolerance of 3%.

Trans 305.32 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (3), Register, October, 1997, No. 502, eff. 11-1-97.

Trans 305.33 Trans 305.33 Windshield defroster-defogger.

Trans 305.33(1) (1) Every motor vehicle manufactured after January 1, 1955, shall be equipped with a defroster-defogger system. Any motor vehicle lawfully manufactured and operated without a roof, doors or side windows is exempt from the requirements of this section.

Trans 305.33(2) (2) The defroster-defogger system shall be capable of removing condensation and frost from the windshield.

Trans 305.33 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (1), Register, October, 1997, No. 502, eff. 11-1-97.

Trans 305.34 Trans 305.34 Windshields.

Trans 305.34(1) (1) Every motor vehicle manufactured after January 1, 1936, shall have a windshield made of safety glass. Such glass shall be plainly marked to identify it as safety glass or a certification from the glass supplier stating that the glass is approved safety glass shall be carried in the vehicle during operation or vehicle inspection, or both.

Trans 305.34(2) (2) The windshield shall be of sufficient size to provide adequate protection for the driver and shall be in place when operating on a highway.

Trans 305.34(3) (3) The windshield may not be excessively cracked or damaged. A windshield is excessively cracked or damaged if:

Trans 305.34(3)(a) (a) The windshield has a crack inside, or which extends inside, the windshield critical area.

Trans 305.34(3)(b) (b) The windshield has cracks which extend into any area more than 8 inches from the frame.

Trans 305.34(3)(c) (c) The windshield has stone or shot damage with a diameter in excess of ½ inch in the windshield critical area or in excess of 1½ inches in diameter in any other area.

Trans 305.34(4) (4) The windshield may not have etching, scratches, abrasion or repairs of any type which impair or distort vision within the windshield critical area.

Trans 305.34(5) (5) The windshield may not have cloudiness or etching in excess of one inch around the outside edge on the driver’s side or in excess of 2 inches on the passenger’s side.

Trans 305.34(6) (6) Nothing may be placed or suspended in or on the vehicle or windshield so as to obstruct the driver’s clear vision through the windshield. There may not be any posters, stickers or other nontransparent material, other than a certificate or sticker issued by order of a governmental agency, located on the windshield or located between the driver and the windshield. This subsection does not prohibit the following:

Trans 305.34(6)(a) (a) Attachment of an inside rearview mirror in accordance with s. Trans 305.26.

Trans 305.34(6)(b) (b) Windshields tinted by the manufacturer of the glazing and installed as part of the original manufacturing process.

Trans 305.34(6)(c) (c) Application of window tinting film or other nontransparent material to the inside of the windshield if it is attached only to that portion of the windshield which is both outside the critical area and above the horizontal line delineated by the mark “A” or “A.” If no such mark was affixed to the windshield by its manufacturer, no window tinting film may be attached to the windshield.

Trans 305.34 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; reprinted to restore dropped copy, Register, February, 1997, No. 494.

Trans 305.35 Trans 305.35 Windshield wipers.

Trans 305.35(1) (1) Every motor vehicle shall have a system of windshield wipers capable of clearing the windshield critical area.

Trans 305.35(2) (2) 

Trans 305.35(2)(a) (a) The windshield wiper system of every motor vehicle shall be maintained in good working condition and in conformity with this section.

Trans 305.35(2)(b) (b) The windshield wiper switch, wiring and connections shall be in proper working condition.

Trans 305.35(2)(c) (c) Every windshield wiper blade shall be in good condition so as to adequately clear the windshield.

Trans 305.35(3) (3) Every windshield wiper shall be as large as practicable to adequately clear the windshield. If the windshield wiper system was originally equipped with multi-speed capability, the windshield wipers shall operate on at least 2 separate, constant speeds, one of which is at least 20 cycles per minute and the other which is at least 15 cycles per minute faster. Windshield wipers shall operate by use of an electric, hydraulic or vacuum device.

Trans 305.35(4) (4) Every motor vehicle manufactured after January 1, 1968, shall be equipped with a windshield washer system that is maintained in proper operating condition with adequate fluid available when the mechanism is activated.

Trans 305.35 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (1), Register, October, 1997, No. 502, eff. 11-1-97.

subch. III of ch. Trans 305 Subchapter III — Motorcycles

Trans 305.37 Trans 305.37 Applicability of subch. II.

Trans 305.37(1) (1) The following sections of subch. II apply to all motorcycles:

Trans 305.37(1)(a) (a) Section Trans 305.17, brakes, except as otherwise provided in s. Trans 305.38.

Trans 305.37(1)(b) (b) Section Trans 305.23, frames.

Trans 305.37(1)(c) (c) Section Trans 305.28, speed indicator and odometer.

Trans 305.37(1)(d) (d) Section Trans 305.30, tires, wheels and rims.

Trans 305.37(2) (2) Section Trans 305.35 applies to type 2 motorcycles.

Trans 305.37 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.38 Trans 305.38 Brakes.

Trans 305.38(1) (1) The brake system on every motorcycle shall meet the requirements of ss. 347.35 (2) and 347.36, Stats., and s. Trans 305.17, except that:

Trans 305.38(1)(a) (a) Braking is required on only one wheel of a 2-wheel motorcycle unless the motorcycle was originally manufactured after March 1, 1996 with a braking system on both wheels, in which case brakes are required on both wheels.

Trans 305.38(1)(b) (b) A parking brake is not required on a type 1 motorcycle.

Trans 305.38 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.39 Trans 305.39 Exhaust system.

Trans 305.39(1) (1) Every motorcycle shall be equipped with a functioning exhaust system that is maintained in proper working condition so as to reduce engine noise. The exhaust system shall be maintained in conformity with this section and s. 347.39, Stats.

Trans 305.39(2) (2) Every exhaust system shall be maintained free of leaks from the engine exhaust ports through the piping and muffler to the end of the exhaust system. A protective shield or insulated section shall be provided for any portion of the exhaust system that extends above and to the rear of the foot pegs or rests.

Trans 305.39 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.40 Trans 305.40 Fenders and bumpers.

Trans 305.40(1) (1) A fender over each rear wheel is required on every motorcycle except those originally manufactured without a rear fender. A front fender is required on every motorcycle manufactured after March 1, 1996. The fender shall cover the complete tread width area of the tire and lengthwise from 15° to the front and 60° to the rear when measured at the center of the axle to the top of the tire on a vertical plane.

Trans 305.40(2) (2) Every type 2 motorcycle shall be equipped with a rear bumper which meets the requirements for a homemade or reconstructed vehicle under s. Trans 305.18.

Trans 305.40 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.41 Trans 305.41 Fuel system.

Trans 305.41(1) (1) The fuel system on every motorcycle shall be free of leaks.

Trans 305.41(2) (2) Every fuel tank shall have a cap or positive closing device.

Trans 305.41(3) (3) No fuel tank may be used for operation of the motorcycle except one produced by a manufacturer of fuel tanks for motorcycles or one that meets or exceeds industry standards for commercially manufactured tanks.

Trans 305.41 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.42 Trans 305.42 Horn.

Trans 305.42(1) (1) Every motorcycle shall be equipped with a horn which is securely attached to the cycle and is in conformity with this section and s. 347.38, Stats.

Trans 305.42(2) (2) The horn shall be activated by use of a button to make the electrical connection and shall be maintained in proper working condition.

Trans 305.42 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.43 Trans 305.43 Lighting.

Trans 305.43(1) (1) Every motorcycle shall be equipped with all lighting devices required by ch. 347, Stats. In addition, every motorcycle manufactured after January 1, 1972, shall be equipped with 2 amber direction signal lamps on the front and 2 direction signal lamps on the rear which may be red or amber.

Trans 305.43(2) (2) A motorcycle may be equipped with no more than 2 auxiliary lamps, including auxiliary lamps on a side car.

Trans 305.43(3) (3) Motorcycles and attached sidecars may be equipped with marker lamps provided that:

Trans 305.43(3)(a) (a) No marker lamp exceeds a wattage of 10 watts.

Trans 305.43(3)(b) (b) No marker lamp interferes with the visibility of a headlamp, tail lamp, stop lamp or direction signal.

Trans 305.43(3)(c) (c) No lamp shows a color except red to the rear and amber to the front.

Trans 305.43(4) (4) All lighting devices shall be maintained in proper working condition and in conformity with ch. 347, Stats. All wiring and connections shall be maintained in good condition and there shall be no cracked, broken or missing lenses or reflectors.

Trans 305.43 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.44 Trans 305.44 Mirrors. Every motorcycle shall be equipped with at least one mirror meeting the requirements of s. 347.40, Stats., and s. Trans 305.26.

Trans 305.44 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.45 Trans 305.45 Sidecars.

Trans 305.45(1) (1) A type 1 motorcycle may be equipped with one sidecar securely attached to the frame of the motorcycle. A sidecar may only be attached to the right side of the motorcycle.

Trans 305.45(2) (2) A tail lamp and stop lamp or a combination lamp performing both functions meeting the requirements of ss. 347.13 (1) and 347.14 (2), Stats., shall be mounted on the rear of any side car. A sidecar may be equipped with a headlamp if the headlamp is mounted as required by s. 347.09 (2), Stats.

Trans 305.45 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.46 Trans 305.46 Suspension system.

Trans 305.46(1) (1) Any motorcycle with a front suspension system modified before January 1, 1976, may have a rake of no more than 55 degrees, provided the trail is at least 2 inches.

Trans 305.46(2) (2) Any motorcycle, commencing with the 1976 models, may be modified to cause the front suspension system to have a rake of no more than 50 degrees, provided the trail is at least 2 inches.