AB782, s. 18
3Section
18. 346.02 (12) of the statutes is created to read:
AB782,9,124
346.02
(12) Applicability to electric personal assistive mobility devices. An
5electric personal assistive mobility device shall be considered a vehicle for purposes
6of ss. 346.04 to 346.10, 346.12, 346.13, 346.15, 346.16, 346.18, 346.19, 346.20, 346.23
7to 346.28, 346.31 to 346.35, 346.37 to 346.40, 346.44, 346.46, 346.47, 346.48, 346.50
8to 346.55, 346.57, 346.59, 346.62, 346.65 (5m), 346.67 to 346.70, 346.78, 346.80,
9346.87, 346.88, 346.90, 346.91, and 346.94 (4), (5), (9), and (10), except those
10provisions which by their express terms apply only to motor vehicles or which by
11their very nature would have no application to electric personal assistive mobility
12devices.
AB782, s. 19
13Section
19. 346.05 (1m) of the statutes is amended to read:
AB782,9,1714
346.05
(1m) Notwithstanding sub. (1), any person operating a bicycle
or
15electric personal assistive mobility device may ride on the shoulder of a highway
16unless such riding is prohibited by the authority in charge of the maintenance of the
17highway.
AB782, s. 20
18Section
20. 346.075 (title) and (1) of the statutes are amended to read:
AB782,9,25
19346.075 (title)
Overtaking and passing bicycles, electric personal
20assistive mobility devices, and motor buses. (1) The operator of a motor vehicle
21overtaking a bicycle
or electric personal assistive mobility device proceeding in the
22same direction shall exercise due care, leaving a safe distance, but in no case less
23than 3 feet clearance when passing the bicycle
or electric personal assistive mobility
24device, and shall maintain clearance until safely past the overtaken bicycle
or
25electric personal assistive mobility device.
AB782, s. 21
1Section
21. 346.16 (2) (am) of the statutes is created to read:
AB782,10,52
346.16
(2) (am) Except as provided in par. (b), no person riding an electric
3personal assistive mobility device may go upon any expressway or freeway when
4official signs have been erected prohibiting persons specified in par. (a) from using
5the expressway or freeway.
AB782, s. 22
6Section
22. 346.16 (2) (b) of the statutes is amended to read:
AB782,10,107
346.16
(2) (b) A pedestrian or other person under par. (a)
or (am) may go upon
8a portion of a hiking trail, cross-country ski trail, bridle trail or bicycle trail
9incorporated into the highway right-of-way and crossing the highway if the portion
10of the trail is constructed under s. 84.06 (11).
AB782, s. 23
11Section
23. The unnumbered subchapter title preceding 346.23 of the statutes
12is amended to read:
AB782,10,1713
Respective rights and duties
14
of drivers, pedestrians
and,
15bicyclists
, and riders of
16
electric personal assistive
17
mobility devices
AB782, s. 24
18Section
24. 346.23 of the statutes is amended to read:
AB782,11,8
19346.23 Crossing controlled intersection or crosswalk. (1) At an
20intersection or crosswalk where traffic is controlled by traffic control signals or by a
21traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian,
22or to a person who is riding a bicycle
or electric personal assistive mobility device in
23a manner which is consistent with the safe use of the crosswalk by pedestrians, who
24has started to cross the highway on a green or "Walk" signal and in all other cases
25pedestrians
and, bicyclists
, and riders of electric personal assistive mobility devices
1shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a green
2signal. No operator of a vehicle proceeding ahead on a green signal may begin a turn
3at a controlled intersection or crosswalk when a pedestrian
or, bicyclist
, or rider of
4an electric personal assistive mobility device crossing in the crosswalk on a green or
5"Walk" signal would be endangered or interfered with in any way. The rules stated
6in this subsection are modified at intersections or crosswalks on divided highways
7or highways provided with safety zones in the manner and to the extent stated in sub.
8(2).
AB782,11,16
9(2) At intersections or crosswalks on divided highways or highways provided
10with safety zones where traffic is controlled by traffic control signals or by a traffic
11officer, the operator of a vehicle shall yield the right-of-way to a pedestrian
or, 12bicyclist
, or rider of an electric personal assistive mobility device who has started to
13cross the roadway either from the near curb or shoulder or from the center dividing
14strip or a safety zone with the green or "Walk" signal in the
pedestrian's or bicyclist's 15favor
of the pedestrian, bicyclist, or rider of an electric personal assistive mobility
16device.
AB782, s. 25
17Section
25. 346.24 of the statutes is amended to read:
AB782,11,23
18346.24 Crossing at uncontrolled intersection or crosswalk. (1) At an
19intersection or crosswalk where traffic is not controlled by traffic control signals or
20by a traffic officer, the operator of a vehicle shall yield the right-of-way to a
21pedestrian, or to a person riding a bicycle
or electric personal assistive mobility
22device in a manner which is consistent with the safe use of the crosswalk by
23pedestrians, who is crossing the highway within a marked or unmarked crosswalk.
AB782,12,2
24(2) No pedestrian
or, bicyclist
, or rider of an electric personal assistive mobility
25device shall suddenly leave a curb or other place of safety and walk, run
, or ride into
1the path of a vehicle which is so close that it is difficult for the operator of the vehicle
2to yield.
AB782,12,6
3(3) Whenever any vehicle is stopped at an intersection or crosswalk to permit
4a pedestrian
or, bicyclist
, or rider of an electric personal assistive mobility device to
5cross the roadway, the operator of any other vehicle approaching from the rear shall
6not overtake and pass the stopped vehicle.
AB782, s. 26
7Section
26. 346.25 of the statutes is amended to read:
AB782,12,11
8346.25 Crossing at place other than crosswalk. Every pedestrian
or, 9bicyclist
, or rider of an electric personal assistive mobility device crossing a roadway
10at any point other than within a marked or unmarked crosswalk shall yield the
11right-of-way to all vehicles upon the roadway.
AB782, s. 27
12Section
27. 346.28 (title) and (2) of the statutes are amended to read:
AB782,12,15
13346.28 (title)
Pedestrians to walk on left side of highway; pedestrians
14and, bicyclists, and riders of electric personal assistive mobility devices on
15sidewalks.
AB782,12,18
16(2) Operators of vehicles shall yield the right-of-way to pedestrians
and, 17bicyclists
, and riders of electric personal assistive mobility devices on sidewalks as
18required by s. 346.47.
AB782, s. 28
19Section
28. 346.30 (1) (b) 2. of the statutes is amended to read:
AB782,12,2220
346.30
(1) (b) 2. Any operator of a bicycle
or electric personal assistive mobility
21device violating s. 346.23, 346.24 or 346.25 may be required to forfeit not more than
22$20.
AB782, s. 29
23Section
29. 346.34 (1) (b) of the statutes is amended to read:
AB782,13,824
346.34
(1) (b) In the event any other traffic may be affected by such movement,
25no person may so turn any vehicle without giving an appropriate signal in the
1manner provided in s. 346.35. When given by the operator of a vehicle other than
2a bicycle
or electric personal assistive mobility device, such signal shall be given
3continuously during not less than the last 100 feet traveled by the vehicle before
4turning. The operator of a bicycle
or electric personal assistive mobility device shall
5give such signal continuously during not less than the last 50 feet traveled before
6turning. A signal by the hand and arm need not be given continuously if the hand
7is needed in the control or operation of the bicycle
or electric personal assistive
8mobility device.
AB782, s. 30
9Section
30. 346.36 (2) of the statutes is amended to read:
AB782,13,1110
346.36
(2) Any operator of a bicycle
or electric personal assistive mobility
11device violating ss. 346.31 to 346.35 may be required to forfeit not more than $20.
AB782, s. 31
12Section
31. 346.37 (1) (a) 2., (c) 2. and 3. and (d) of the statutes are amended
13to read:
AB782,13,1714
346.37
(1) (a) 2. Pedestrians, and persons who are riding bicycles
or electric
15personal assistive mobility devices in a manner which is consistent with the safe use
16of the crosswalk by pedestrians, facing the signal may proceed across the roadway
17within any marked or unmarked crosswalk.
AB782,13,2018
(c) 2. No pedestrian
or, bicyclist
, or rider of an electric personal assistive
19mobility device facing such signal shall enter the roadway unless he or she can do
20so safely and without interfering with any vehicular traffic.
AB782,14,421
3. Vehicular traffic facing a red signal at an intersection may, after stopping as
22required under subd. 1., cautiously enter the intersection to make a right turn into
23the nearest lawfully available lane for traffic moving to the right or to turn left from
24a one-way highway into the nearest lawfully available lane of a one-way highway
25on which vehicular traffic travels to the left. No turn may be made on a red signal
1if lanes of moving traffic are crossed or if a sign at the intersection prohibits a turn.
2In making a turn on a red signal vehicular traffic shall yield the right-of-way to
3pedestrians
and, bicyclists
, and riders of electric personal assistive mobility devices 4lawfully within a crosswalk and to other traffic lawfully using the intersection.
AB782,14,105
(d)
Green arrow. 1. Vehicular traffic facing a green arrow signal may enter the
6intersection only to make the movement indicated by the arrow but shall yield the
7right-of-way to pedestrians
and, bicyclists
, and riders of electric personal assistive
8mobility devices lawfully within a crosswalk and to other traffic lawfully using the
9intersection. When the green arrow signal indicates a right or left turn traffic shall
10cautiously enter the intersection.
AB782,14,1311
2. No pedestrian
or, bicyclist
, or rider of an electric personal assistive mobility
12device facing such signal shall enter the roadway unless he or she can do so safely
13and without interfering with any vehicular traffic.
AB782, s. 32
14Section
32. 346.38 (1) and (2) of the statutes are amended to read:
AB782,14,2015
346.38
(1) Walk. A pedestrian, or a person riding a bicycle
or electric personal
16assistive mobility device in a manner which is consistent with the safe use of the
17crossing by pedestrians, facing a "Walk" signal may proceed across the roadway or
18other vehicular crossing in the direction of the signal and the operators of all vehicles
19shall yield the right-of-way to the pedestrian
or, bicyclist
, or electric personal
20assistive mobility device rider.
AB782,15,2
21(2) Don't walk. No pedestrian
or, bicyclist
, or rider of an electric personal
22assistive mobility device may start to cross the roadway or other vehicular crossing
23in the direction of a "Don't Walk" signal, but any pedestrian
or, bicyclist
, or rider of
24an electric personal assistive mobility device who has partially completed crossing
1on the "Walk" signal may proceed to a sidewalk or safety zone while a "Don't Walk"
2signal is showing.
AB782, s. 33
3Section
33. 346.43 (1) (b) 2. of the statutes is amended to read:
AB782,15,64
346.43
(1) (b) 2. Any operator of a bicycle
or electric personal assistive mobility
5device violating s. 346.37, 346.38 or 346.39 may be required to forfeit not more than
6$20.
AB782, s. 34
7Section
34. 346.47 (1) of the statutes is amended to read:
AB782,15,148
346.47
(1) The operator of a vehicle emerging from an alley or about to cross
9or enter a highway from any point of access other than another highway shall stop
10such vehicle immediately prior to moving on to the sidewalk or on to the sidewalk
11area extending across the path of such vehicle and shall yield the right-of-way to any
12pedestrian
or, bicyclist
, or rider of an electric personal assistive mobility device, and
13upon crossing or entering the roadway shall yield the right-of-way to all vehicles
14approaching on such roadway.
AB782, s. 35
15Section
35. 346.49 (1) (b), (1g) (b) and (2m) (b) of the statutes are amended to
16read:
AB782,15,1817
346.49
(1) (b) Any operator of a bicycle
or electric personal assistive mobility
18device violating s. 346.46 (1), (2m) or (4) may be required to forfeit not more than $20.
AB782,15,20
19(1g) (b) Any operator of a bicycle
or electric personal assistive mobility device 20violating s. 346.46 (3) shall forfeit not more than $40.
AB782,15,22
21(2m) (b) Any operator of a bicycle
or electric personal assistive mobility device 22violating s. 346.44 may be required to forfeit not more than $40.
AB782, s. 36
23Section
36. 346.54 (1) (e) of the statutes is amended to read:
AB782,16,424
346.54
(1) (e) For the purpose of parking, mopeds
as defined in s. 340.01 (29m) 25and electric personal assistive mobility devices shall be considered bicycles. Where
1possible without impeding the flow of pedestrian traffic, a bicycle
or, moped
, or
2electric personal assistive mobility device may be parked on a sidewalk. A bicycle
3or, moped
, or electric personal assistive mobility device may be parked in a bike rack
4or other similar area designated for bicycle parking.
AB782, s. 37
5Section
37. 346.60 (5) of the statutes is amended to read:
AB782,16,76
346.60
(5) (a) Any operator of a bicycle
or electric personal assistive mobility
7device who violates s. 346.57 may be required to forfeit not more than $20.
AB782,16,98
(b) Any operator of a bicycle
or electric personal assistive mobility device who
9violates s. 346.59 may be required to forfeit not more than $10.
AB782, s. 38
10Section
38. 346.71 (2) of the statutes is amended to read:
AB782,17,911
346.71
(2) In cases of death involving a motor vehicle in which the decedent was
12the operator of a motor vehicle, a pedestrian 14 years of age or older or a bicycle
or
13electric personal assistive mobility device operator 14 years of age or older and who
14died within 6 hours of the time of the accident, the coroner or medical examiner of
15the county where the death occurred shall require that a blood specimen of at least
1610 cc. be withdrawn from the body of the decedent within 12 hours after his or her
17death, by the coroner or medical examiner or by a physician so designated by the
18coroner or medical examiner or by a qualified person at the direction of the physician.
19All funeral directors shall obtain a release from the coroner or medical examiner of
20the county where the accident occurred as provided in s. 979.01 (4) prior to
21proceeding with embalming any body coming under the scope of this section. The
22blood so drawn shall be forwarded to a laboratory approved by the department of
23health and family services for analysis of the alcoholic content of the blood specimen.
24The coroner or medical examiner causing the blood to be withdrawn shall be notified
25of the results of each analysis made and shall forward the results of each such
1analysis to the department of health and family services. If the death involved a
2motor vehicle, the department shall keep a record of all such examinations to be used
3for statistical purposes only and the department shall disseminate and make public
4the cumulative results of the examinations without identifying the individuals
5involved. If the death involved an all-terrain vehicle, the department of natural
6resources shall keep a record of all such examinations to be used for statistical
7purposes only and the department of natural resources shall disseminate and make
8public the cumulative results of the examinations without identifying the
9individuals involved.
AB782, s. 39
10Section
39. The unnumbered subchapter title preceding 346.77 of the statutes
11is amended to read:
AB782,17,1412
bicycles
, electric personal
13
ASSISTIVE MOBILITY DEVICES,
14AND PLAY VEHICLES
AB782, s. 40
15Section
40. 346.80 (title) and (1) of the statutes are amended to read:
AB782,17,19
16346.80 (title)
Riding bicycle or electric personal assistive mobility
17device on roadway. (1) In this section, "substandard width lane" means a lane
18that is too narrow for a bicycle
or electric personal assistive mobility device and a
19motor vehicle to travel safely side by side within the lane.
AB782, s. 41
20Section
41. 346.80 (2) (a) (intro.), (b) and (c) of the statutes are amended to
21read:
AB782,18,222
346.80
(2) (a) (intro.) Any person operating a bicycle
or electric personal
23assistive mobility device upon a roadway at less than the normal speed of traffic at
24the time and place and under the conditions then existing shall ride as close as
25practicable to the right-hand edge or curb of the unobstructed traveled roadway,
1including operators who are riding 2 or more abreast where permitted under sub. (3),
2except:
AB782,18,53
(b) Notwithstanding par. (a), any person operating a bicycle
or electric personal
4assistive mobility device upon a one-way highway having 2 or more lanes available
5for traffic may ride as near the left-hand edge or curb of the roadway as practicable.
AB782,18,116
(c) Any person operating a bicycle
or electric personal assistive mobility device 7upon a roadway shall exercise due care when passing a standing or parked vehicle
8or a vehicle proceeding in the same direction, allowing a minimum of 3 feet between
9the bicycle
or electric personal assistive mobility device and the vehicle, and shall
10give an audible signal when passing a bicycle
or electric personal assistive mobility
11device rider proceeding in the same direction.
AB782, s. 42
12Section
42. 346.80 (3) of the statutes is amended to read:
AB782,18,1713
346.80
(3) (a) Persons riding bicycles
or electric personal assistive mobility
14devices upon a roadway may ride 2 abreast if such operation does not impede the
15normal and reasonable movement of traffic. Bicycle
or electric personal assistive
16mobility device operators riding 2 abreast on a 2-lane or more roadway shall ride
17within a single lane.
AB782,18,2018
(b) Persons riding bicycles upon a roadway may not ride more than 2 abreast
19except upon any path, trail, lane or other way set aside for the exclusive use of
20bicycles
and electric personal assistive mobility devices.
AB782, s. 43
21Section
43. 346.80 (4) and (5) of the statutes are amended to read:
AB782,18,2422
346.80
(4) No person may operate a bicycle
, electric personal assistive mobility
23device, or moped upon a roadway where a sign is erected indicating that bicycle
,
24electric personal assistive mobility device, or moped riding is prohibited.
AB782,19,3
1(5) Except as provided in ss. 346.23, 346.24, 346.37
, and 346.38, every rider of
2a bicycle
or electric personal assistive mobility device shall, upon entering on a
3highway, yield the right-of-way to motor vehicles.
AB782, s. 44
4Section
44. 346.803 (title), (1) (intro.) and (a), (2) and (3) of the statutes are
5amended to read:
AB782,19,8
6346.803 (title)
Riding bicycle or electric personal assistive mobility
7device on bicycle way. (1) (intro.) Every person operating a bicycle
or electric
8personal assistive mobility device upon a bicycle way shall:
AB782,19,119
(a) Exercise due care and give an audible signal when passing a bicycle
or
10electric personal assistive mobility device rider or a pedestrian proceeding in the
11same direction.
AB782,19,14
12(2) Every person operating a bicycle
or electric personal assistive mobility
13device upon a bicycle way open to 2-way traffic shall ride on the right side of the
14bicycle way.
AB782,19,17
15(3) Every operator of a bicycle
or electric personal assistive mobility device 16entering a bicycle way shall yield the right-of-way to all bicycles and pedestrians in
17the bicycle way.
AB782, s. 45
18Section
45. 346.804 of the statutes is amended to read:
AB782,19,23
19346.804 Riding bicycle on sidewalk. When local authorities under s. 346.94
20(1) permit bicycles on the sidewalk, every person operating a bicycle upon a sidewalk
21shall yield the right-of-way to any pedestrian and shall exercise due care and give
22an audible signal when passing a bicycle
or electric personal assistive mobility device 23rider or
a pedestrian proceeding in the same direction.
AB782, s. 46
24Section
46. 346.805 of the statutes is created to read:
AB782,20,7
1346.805 Riding electric personal assistive mobility device on sidewalk. 2Except as provided in ss. 346.94 (18) (a) 2. and 349.236 (1) (b), a person may operate
3an electric personal assistive mobility device upon any sidewalk. Every person
4operating an electric personal assistive mobility device upon a sidewalk shall yield
5the right-of-way to any pedestrian or bicyclist and shall exercise due care and give
6an audible signal when passing a bicycle or other electric personal assistive mobility
7device or a pedestrian proceeding in the same direction.
AB782, s. 47
8Section
47. 346.82 (title) and (1) of the statutes are amended to read:
AB782,20,11
9346.82 (title)
Penalty for violating sections 346.77 to 346.804 346.805.
10(1) Any person violating ss. 346.77, 346.79 (1) to (3)
, or 346.80 to
346.804 346.805 11may be required to forfeit not more than $20.
AB782, s. 48
12Section
48. 346.94 (12) of the statutes is amended to read:
AB782,20,1913
346.94
(12) Driving on bicycle lane or bicycle way. No operator of a motor
14vehicle may drive upon a bicycle lane or bicycle way except to enter a driveway, to
15merge into a bicycle lane before turning at an intersection, or to enter or leave a
16parking space located adjacent to the bicycle lane or bicycle way. Persons operating
17a motor vehicle upon a bicycle lane or bicycle way shall yield the right-of-way to all
18bicycles
and electric personal assistive mobility devices within the bicycle lane or
19bicycle way.
AB782, s. 49
20Section
49. 346.94 (18) of the statutes is created to read:
AB782,20,2421
346.94
(18) Electric personal assistive mobility devices on roadways and
22sidewalks. (a) 1. Except as otherwise prohibited in this chapter, a person may
23operate an electric personal assistive mobility device upon any roadway or sidewalk
24that is under the jurisdiction of the department.
AB782,21,5
12. Except as provided in s. 349.236 (1) (c), the department may by rule prohibit
2electric personal assistive mobility devices upon any roadway under its jurisdiction
3for which the speed limit is more than 25 miles per hour, and may by rule prohibit
4such devices upon any sidewalk under its jurisdiction. This subdivision does not
5apply upon any sidewalk at a permanent or temporarily established driveway.
AB782,21,86
(b) A person may operate an electric personal assistive mobility device upon
7any roadway under the jurisdiction of a local authority, subject to any prohibitions
8specified by municipal ordinance enacted under s. 349.236.
AB782, s. 50
9Section
50. 346.95 (6) of the statutes is amended to read:
AB782,21,1210
346.95
(6) Any person violating s. 346.94 (17)
or (18) may be required to forfeit
11not less than $10 nor more than $20 for the first offense and not less than $25 nor
12more than $50 for the 2nd or subsequent conviction within a year.
AB782, s. 51
13Section
51. 347.02 (1) (i) of the statutes is created to read:
AB782,21,1414
347.02
(1) (i) Electric personal assistive mobility devices.