AB677: Bill Text

LRB-2981/1

TNF:jlg:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 677

December 23, 1997 - Introduced by Representatives Reynolds, Ladwig, Baumgart, F. Lasee, Ainsworth, Bock, J. Lehman, Gronemus, Hasenohrl, R. Young, Kreuser, Ryba, Boyle, Harsdorf and Powers, cosponsored by Senators Roessler and A. Lasee. Referred to Committee on Highways and Transportation.

AB677,1,5 An Act to amend 29.05 (4), 347.06 (1), 347.06 (4), 347.09 (1) (intro.), 347.10 (4), 347.12 (1) (intro.), 347.13 (1), 347.16 (1) (intro.) and 347.16 (2) (intro.) of the statutes; relating to: requiring headlights and other required lamps on vehicles to be lighted during periods of rain, snow, sleet, hail or impaired visibility.

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 required lamps must also be lighted whenever it is raining, snowing, sleeting or hailing, or any other time when visibility is impaired by weather, smoke, fog or other conditions. 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 requires certain vehicles to be equipped with rear reflectors whenever it is raining, snowing, sleeting or hailing, or at any other time when visibility is impaired by weather, smoke, fog or other conditions.

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

AB677, s. 1 Section 1. 29.05 (4) of the statutes is amended to read:

AB677,2,14 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 whenever it is raining, snowing, sleeting or hailing, or at any other time when visibility is impaired by weather, smoke, fog or other conditions, without lighted headlamps, tail lamps or clearance lamps, contrary to s. 347.06 (1), 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.

AB677, s. 2 Section 2. 347.06 (1) of the statutes is amended to read:

AB677,2,21 347.06 (1) Except as provided in subs. (2) and (4), no person may operate a vehicle upon a highway, during hours of darkness or whenever it is raining, snowing, sleeting or hailing, or at any other time when visibility is impaired by weather, smoke, fog or other conditions, 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.

AB677, s. 3 Section 3. 347.06 (4) of the statutes is amended to read:

AB677,3,7 347.06 (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 whenever it is raining, snowing, sleeting or hailing, or at any other time when visibility is impaired by weather, smoke, fog or other conditions, without lighted headlamps, tail lamps or clearance lamps in the performance of the warden's duties under s. 29.05 (4).

AB677, s. 4 Section 4. 347.09 (1) (intro.) of the statutes is amended to read:

AB677,3,12 347.09 (1) (intro.) No person shall operate a motor vehicle on a highway during hours of darkness or whenever it is raining, snowing, sleeting or hailing, or at any other time when visibility is impaired by weather, smoke, fog or other conditions, unless such vehicle is equipped as follows:

AB677, s. 5 Section 5. 347.10 (4) of the statutes is amended to read:

AB677,3,23 347.10 (4) Any motor vehicle may be operated during hours of darkness or whenever it is raining, snowing, sleeting or hailing, or at any other time when visibility is impaired by weather, smoke, fog or other conditions, when equipped with 2 lighted lamps upon the front thereof capable of revealing persons and objects 75 feet ahead in lieu of lamps required by subs. (1) to (3) if such vehicle at no time is operated at a speed in excess of 20 miles per hour. No lighted lamp under this subsection shall have any type of decorative covering that restricts the amount of light emitted when the lighted lamp is in use. This subsection does not apply to any type of decorative covering originally equipped on the vehicle at the time of manufacture and sale.

AB677, s. 6 Section 6. 347.12 (1) (intro.) of the statutes is amended to read:

AB677,4,6 347.12 (1) (intro.) Whenever a motor vehicle is being operated on a highway during hours of darkness or whenever it is raining, snowing, sleeting or hailing, or at any other time when visibility is impaired by weather, smoke, fog or other conditions, the operator shall use a distribution of light or composite beam directed high enough and of sufficient intensity to reveal a person or vehicle at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

AB677, s. 7 Section 7. 347.13 (1) of the statutes is amended to read:

AB677,4,21 347.13 (1) No person shall operate a motor vehicle, mobile home or trailer or semitrailer upon a highway during hours of darkness or whenever it is raining, snowing, sleeting or hailing, or at any other time when visibility is impaired by weather, smoke, fog or other conditions, unless such motor vehicle, mobile home or trailer or semitrailer is equipped with at least one tail lamp mounted on the rear which, when lighted during hours of darkness or whenever it is raining, snowing, sleeting or hailing, or at any other time when visibility is impaired by weather, smoke, fog or other conditions, emits a red light plainly visible from a distance of 500 feet to the rear. No tail lamp shall have any type of decorative covering that restricts the amount of light emitted when the tail lamp is in use. No vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated upon a highway during hours of darkness unless both such lamps are in good working order. This subsection does not apply to any type of decorative covering originally equipped on the vehicle at the time of manufacture and sale.

AB677, s. 8 Section 8. 347.16 (1) (intro.) of the statutes is amended to read:

AB677,5,2 347.16 (1) (intro.) No person shall operate on a highway during hours of darkness any vehicle, except automobiles, having a width at any part in excess of 80 inches during hours of darkness or whenever it is raining, snowing, sleeting or hailing, or at any other time when visibility is impaired by weather, smoke, fog or other conditions, unless such vehicle is equipped with:

AB677, s. 9 Section 9. 347.16 (2) (intro.) of the statutes is amended to read:

AB677,5,7 347.16 (2) (intro.) No person shall operate any of the following vehicles on a highway during hours of darkness or whenever it is raining, snowing, sleeting or hailing, or at any other time when visibility is impaired by weather, smoke, fog or other conditions, unless such vehicles are equipped as indicated:

AB677,5,8 (End)