AB163: Bill Text

LRB-1472/2

TNF:skg:aj

1995 - 1996 LEGISLATURE

1995 Assembly BILL 163

February 28, 1995 - Introduced by Representatives Underheim, Dueholm, Baumgart, Baldus, Dobyns, Cullen, R. Young, Robson, Ziegelbauer, Hanson, Wilder, Ryba, Ott, Ainsworth and Brancel, cosponsored by Senators Drzewiecki and Breske. Referred to Committee on Highways and Transportation.

AB163,1,5 An Act to renumber and amend 343.23 (2); to amend 29.05 (4), 347.06 (1), 347.06 (4) and 347.42; and to create 340.01 (74v), 343.23 (2) (b), 347.06 (1m) and 347.06 (5) of the statutes; relating to: requiring headlights and other required lamps on vehicles to be lighted while windshield wipers are being used.

Analysis by the Legislative Reference Bureau

Under current law, no person may operate a vehicle upon a highway during hours of darkness unless any required headlamps, tail lamps and clearance lamps of the vehicle are lighted. Failure to comply with this requirement may result in a forfeiture of not less than $10 nor more than $20 for a first offense and not less than $25 nor more than $50 for a 2nd or subsequent conviction within a year.

This bill provides that these lamps must also be lighted whenever the windshield wipers of the vehicle are being used, except temporary use to clean the windshield. A person who violates this provision is subject to the same minimum and maximum forfeiture amounts that may be imposed for failure to use these lamps during hours of darkness. The bill also prohibits a law enforcement officer from stopping or inspecting a vehicle solely to determine compliance with the above requirement. The bill provides that convictions for not having any required headlamps, tail lamps and clearance lamps of a vehicle lighted may not be recorded on the motorist's driving record.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB163, s. 1 Section 1. 29.05 (4) of the statutes is amended to read:

AB163,2,12 29.05 (4) Driving without headlights. In the performance of their law enforcement duties under this chapter, duly authorized wardens may operate vehicles owned or leased by the department upon a highway, other than an interstate, a state trunk highway or any highway within the limits of any incorporated area, during hours of darkness or at any time a windshield wiper is being used on the windshield of the vehicle, without lighted headlamps, tail lamps or clearance lamps, contrary to s. 347.06 (1) or (1m), if the driving will aid in the accomplishment of a lawful arrest for violation of this chapter or rules promulgated under this chapter or in ascertaining whether a violation of this chapter or rules promulgated under this chapter has been or is about to be committed. Any civil action or proceeding brought against any warden operating a motor vehicle under this subsection is subject to ss. 893.82 and 895.46.

AB163, s. 2 Section 2. 340.01 (74v) of the statutes is created to read:

AB163,2,15 340.01 (74v) "Windshield wiper" means a mechanical device for cleaning rain, snow or other moisture from the windshield of a vehicle.

AB163, s. 3 Section 3. 343.23 (2) of the statutes is renumbered 343.23 (2) (a) and amended to read:

AB163,3,21 343.23 (2) (a) The department shall maintain a file for each licensee containing the application for license, permit or endorsement, a record of reports or abstract of convictions, the status of the licensee's authorization to operate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am) and a record of any reportable accident in which the licensee has been involved, including specification of the type of license and endorsements issued under this chapter under which the licensee was operating at the time of the accident and an indication whether or not the accident occurred in the course of the licensee's employment as a law enforcement officer, fire fighter or emergency medical technician — paramedic or as a person engaged, by an authority in charge of the maintenance of the highway, in highway winter maintenance snow and ice removal during either a storm or cleanup following a storm. This information must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of revocation granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of revocation. For purposes of this subsection paragraph, "highway winter maintenance snow and ice removal" includes plowing, sanding, salting and the operation of vehicles in the delivery of those services.

AB163, s. 4 Section 4. 343.23 (2) (b) of the statutes is created to read:

AB163,4,3 343.23 (2) (b) The file for a licensee under this subsection shall not include any conviction under s. 347.06 or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 347.06 or the law of another jurisdiction prohibiting operating a vehicle without lighted headlamps, tail lamps or clearance lamps, as those or substantially similar terms are used in that jurisdiction's laws.

AB163, s. 5 Section 5. 347.06 (1) of the statutes is amended to read:

AB163,4,8 347.06 (1) Except as provided in subs. (2) and (4), no person may operate a vehicle upon a highway during hours of darkness unless all headlamps, tail lamps and clearance lamps with which such vehicle is required to be equipped are lighted. Parking lamps as defined described in s. 347.27 shall not be used for this purpose.

AB163, s. 6 Section 6. 347.06 (1m) of the statutes is created to read:

AB163,4,16 347.06 (1m) Except as provided in subs. (2) and (4), no person may operate a vehicle upon a highway at any time a windshield wiper is being used on the windshield of the vehicle unless all headlamps, tail lamps and clearance lamps with which such vehicle is required to be equipped are lighted. Parking lamps as described in s. 347.27 shall not be used for this purpose. This subsection does not apply to temporary use of a windshield wiper for the sole purpose of cleaning the windshield.

AB163, s. 7 Section 7. 347.06 (4) of the statutes is amended to read:

AB163,4,22 347.06 (4) A duly authorized warden, as defined in s. 24.01 (11), may operate a vehicle owned or leased by the department of natural resources upon a highway, during hours of darkness or at any time a windshield wiper is being used on the windshield of the vehicle, without lighted headlamps, tail lamps or clearance lamps in the performance of the warden's duties under s. 29.05 (4).

AB163, s. 8 Section 8. 347.06 (5) of the statutes is created to read:

AB163,5,6 347.06 (5) Notwithstanding s. 349.02, a law enforcement officer may not stop or inspect a vehicle solely to determine compliance with sub. (1m) or a local ordinance in conformity with sub. (1m). This subsection does not limit the authority of a law enforcement officer to issue a citation for a violation of sub. (1m) or a local ordinance in conformity with sub. (1m) observed in the course of a stop or inspection made for other purposes, except that a law enforcement officer may not take a person into physical custody solely for a violation of sub. (1m) or a local ordinance in conformity with sub. (1m).

AB163, s. 9 Section 9. 347.42 of the statutes is amended to read:

AB163,5,13 347.42 Windshield wipers. No person may operate on a highway any motor vehicle equipped with a windshield, except a moped or Type 1 motorcycle, unless the motor vehicle also is equipped with a device for cleaning rain, snow or other moisture from the windshield. The device windshield wiper. The windshield wiper shall be so constructed as to be controlled or operated by the operator of the vehicle and shall at all times be maintained in good working order.

AB163,5,14 (End)