LRB-1122/2
MGG:wlj:kjf
2001 - 2002 LEGISLATURE
October 11, 2001 - Introduced by Representatives Seratti, Krawczyk, Musser,
Petrowski, Skindrud, Ott, Powers, Pettis, Lippert, Suder, Gunderson,
Owens, Kestell, Sykora
and Ryba, cosponsored by Senators Baumgart,
Cowles
and Harsdorf. Referred to Committee on Tourism and Recreation.
AB562,1,4 1An Act to amend 23.33 (5) (a) and 23.33 (5) (b); and to create 23.33 (1) (im), 23.33
2(1) (jd), 23.33 (1) (jg), 23.33 (4) (dm) and 23.33 (11) (ar) of the statutes; relating
3to:
the operation of all-terrain vehicles on highways for the purpose of certain
4types of access.
Analysis by the Legislative Reference Bureau
Under current law, a person may not operate an all-terrain vehicle (ATV) on
the roadway of a highway, street, or road except under certain limited circumstances.
This bill specifically authorizes the operation of ATVs on the roadway and shoulder
of a portion of a highway, street, or road if that portion of the roadway or shoulder
lies within the boundaries of a town, city, or village that has enacted an ordinance
that allows the operation of ATVs for the purposes of residential access or access from
lodging. A minor under age 12 may not operate an ATV on a roadway or a shoulder
for these purposes, and a minor who is from 12 to 15 years old may only do so if the
minor holds an ATV safety certificate and is subject to continuous direction by an
adult.
The bill defines "residential access" as being a distance of not more than five
miles in order for an ATV to go between a residence and an ATV route or ATV trail.
The bill defines "access from lodging" as being a distance of not more than five miles
in order for an ATV to go between a lodging establishment or campground and an
ATV route or ATV trail. A town, city, or village may not enact an ordinance for access
from lodging unless it has also enacted an ordinance for residential access.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB562, s. 1 1Section 1. 23.33 (1) (im) of the statutes is created to read:
AB562,2,22 23.33 (1) (im) "Lodging establishment" means any of the following:
AB562,2,33 1. A bed and breakfast establishment, as defined in s. 254.61 (1).
AB562,2,44 2. A hotel, as defined in s. 254.61 (3).
AB562,2,55 3. A tourist rooming house, as defined in s. 254.61 (6).
AB562,2,66 4. A campground.
AB562, s. 2 7Section 2. 23.33 (1) (jd) of the statutes is created to read:
AB562,2,118 23.33 (1) (jd) "Purpose of access from lodging" means for the purpose of
9traveling for a distance of not more than 5 miles in order for a person operating an
10all-terrain vehicle to go between a lodging establishment and the all-terrain vehicle
11route or all-terrain vehicle trail that is closest to the lodging establishment.
AB562, s. 3 12Section 3. 23.33 (1) (jg) of the statutes is created to read:
AB562,2,1613 23.33 (1) (jg) "Purpose of residential access" means for the purpose of traveling
14for a distance of not more than 5 miles in order for a person operating an all-terrain
15vehicle to go between a residence and the all-terrain vehicle route or all-terrain
16vehicle trail that is closest to that residence.
AB562, s. 4 17Section 4. 23.33 (4) (dm) of the statutes is created to read:
AB562,3,318 23.33 (4) (dm) Operation for purpose of access. A person may operate an
19all-terrain vehicle on a portion of the roadway or shoulder of a highway for the
20purpose of residential access or for the purpose of access from lodging if the town, city,
21or village, within which that portion of the highway lies, enacts an ordinance under

1sub. (11) (ar) for that portion of the highway. An all-terrain vehicle operated on the
2roadway or shoulder of a highway under this paragraph shall observe roadway speed
3limits.
AB562, s. 5 4Section 5. 23.33 (5) (a) of the statutes is amended to read:
AB562,3,195 23.33 (5) (a) Age restriction. No person under 12 years of age may operate an
6all-terrain vehicle unless he or she is operating the all-terrain vehicle for an
7agricultural purpose and he or she is under the supervision of a person over 18 years
8of age or unless he or she is operating a small all-terrain vehicle on an all-terrain
9vehicle trail designated by the department and he or she is accompanied by his or her
10parent. No person who is under 12 years of age may operate an all-terrain vehicle
11which is an implement of husbandry on a roadway under any circumstances. No
12person who is under 12 years of age may operate an all-terrain vehicle on a roadway
13under the authorization provided under sub. (4) (d) 6. under any circumstances. No
14person who is under 12 years of age may operate an all-terrain vehicle on a roadway
15or shoulder of a highway as authorized under sub. (4) (dm) under any circumstances.

16No person who is under 12 years of age may rent or lease an all-terrain vehicle. For
17purposes of this paragraph, supervision does not require that the person under 12
18years of age be subject to continuous direction or control by the person over 18 years
19of age.
AB562, s. 6 20Section 6. 23.33 (5) (b) of the statutes is amended to read:
AB562,4,1721 23.33 (5) (b) All-terrain vehicle safety certificate. A person who is at least 12
22years of age but under 16 years of age may not operate an all-terrain vehicle unless
23he or she holds a valid all-terrain vehicle safety certificate or is accompanied by a
24person over 18 years of age. A person who is at least 12 years of age but under 16
25years of age may not operate an all-terrain vehicle on a roadway under the

1authorization provided under sub. (4) (d) 6. unless he or she holds a valid all-terrain
2vehicle safety certificate regardless if he or she is accompanied by a person over 18
3years of age. A person who is at least 12 years of age but under 16 years of age may
4not operate an all-terrain vehicle which is an implement of husbandry on a roadway
5under the authorization provided under sub. (4) (d) 5. unless he or she holds a valid
6all-terrain vehicle safety certificate regardless if he or she is accompanied by a
7person over 18 years of age. A person who is at least 12 years of age but under 16
8years of age may not operate an all-terrain vehicle on a roadway or shoulder of a
9highway as authorized under sub. (4) (dm) unless he or she holds a valid all-terrain
10vehicle safety certificate and is accompanied by a person over 18 years of age.
A
11person who is at least 12 years of age but under 16 years of age may not rent or lease
12an all-terrain vehicle. A person who is at least 12 years of age but under 16 years
13of age who holds an all-terrain vehicle safety certificate shall carry it while he or she
14operates an all-terrain vehicle and shall display it to a law enforcement officer on
15request. Persons enrolled in a safety certification program approved by the
16department may operate an all-terrain vehicle in an area designated by the
17instructor.
AB562, s. 7 18Section 7. 23.33 (11) (ar) of the statutes is created to read:
AB562,4,2419 23.33 (11) (ar) 1. A town, city, or village may enact an ordinance allowing the
20operation of all-terrain vehicles on a roadway and shoulder of a highway for any
21portion of a highway that lies within the boundaries of the town, city, or village for
22the purpose of residential access, or for the purpose of access from lodging if the town,
23city, or village also enacts or has in effect an ordinance for the purpose of residential
24access.
AB562,5,3
12. The department and the off-the-road vehicle council shall jointly prepare
2a model ordinance as an example of an ordinance that a town, city, or village may
3enact under subd. 1.
AB562,5,44 (End)
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