LRB-3651/1
ARG:kmg:rs
2003 - 2004 LEGISLATURE
January 9, 2004 - Introduced by Representatives Bies, Ainsworth, Freese, Hines,
Hahn, Ladwig, LeMahieu, Molepske, Musser, Owens, Petrowski, Plouff, Van
Roy, Weber, Ott, Friske, Townsend and Vrakas, cosponsored by Senators
Lassa, A. Lasee, Carpenter and Schultz. Referred to Committee on Highway
Safety.
AB744,1,2
1An Act to amend 346.89 (1); and
to repeal and recreate 346.89 (2) of the
2statutes;
relating to: inattentive driving.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving in two forms:
1. A driver of a motor vehicle may not be so engaged or occupied as to interfere
with the safe driving of the vehicle.
2. A person may not drive a motor vehicle equipped with any device for
receiving a television broadcast if the device is located forward of the back of the
driver's seat or is visible to the driver, regardless of whether the device interferes
with the safe driving of the vehicle.
Any person who is convicted of a violation described in Item 1., above, may be
required to forfeit not less than $20 nor more than $400, and any person who is
convicted of a violation described in Item 2., above, may be required to forfeit not less
than $20 nor more than $40 for a first offense and not less than $50 nor more than
$100 for a second or subsequent offense within one year.
This bill modifies the second form of inattentive driving to prohibit a person
from driving a motor vehicle, other than an authorized emergency vehicle, while
operating or being in a position to directly observe any device capable of displaying
a television, cable television, or satellite broadcast, film, or other fluctuating video
image, whether live or recorded, or any electronically transmitted or stored data,
text, or electronic mail message in a form readable to the person, regardless of
whether the device interferes with the safe driving of the vehicle. This prohibition
does not apply to any device installed on a vehicle by a manufacturer or dealer that
is intended for the exclusive display of information related to the operation or
condition of the vehicle or that is intended to be used solely to enhance safety while
backing the vehicle. Any person who is convicted of a violation of this prohibition is
subject to the same forfeiture that applies to a violation under current law, as
described above.
The bill modifies the violation described in Item 1., above, by also prohibiting
a driver of a motor vehicle from being so distracted as to interfere with the safe
driving of the vehicle.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB744, s. 1
1Section
1. 346.89 (1) of the statutes is amended to read:
AB744,2,32
346.89
(1) No person while driving a motor vehicle shall be so engaged
or, 3occupied
, or distracted as to interfere with the safe driving of such vehicle.
AB744, s. 2
4Section
2. 346.89 (2) of the statutes is repealed and recreated to read:
AB744,2,135
346.89
(2) No person while driving a motor vehicle, other than an authorized
6emergency vehicle, shall operate or be in a position to directly observe any device
7capable of displaying a television, cable television, or satellite broadcast, film, or
8other fluctuating video image, whether in broadcast, tape recorded, or electronically
9recorded format, or any electronically transmitted or stored data, text, or electronic
10mail message in a form readable to the person. This subsection does not apply to any
11device installed on a vehicle by the manufacturer or a dealer that is intended for the
12exclusive display of information related to the operation or condition of the vehicle
13or that is intended to be used solely to enhance safety while backing the vehicle.
AB744,2,1715
(1) This act first applies to violations committed on the effective date of this
16subsection, but does not preclude the counting of other violations as prior violations
17for purposes of sentencing a person.
AB744,3,2
1(1)
This act takes effect on the first day of the 4th month beginning after
2publication.
