AB219: Bill Text

LRB-0159/1

PJH:kjf&wlj:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 219

March 16, 2005 - Introduced by Representatives Ainsworth, Gard, Hahn, Hines, Ott, Owens, Petrowski and Molepske, cosponsored by Senator Olsen. Referred to Committee on Transportation.

AB219,1,6 An Act to amend 23.33 (4) (a), (b), (c) 1. and 1m., (d) (intro.) and 1. to 7. and (e) (intro.) , 23.33 (4c) (a) 1., 2., 2m. and 3. and (b) 1., 2. and 2m., 23.33 (4g) (a), 23.33 (4g) (b), 23.33 (4j), (4L) and (4p) (a) 1. and 3., (b) 4., (c) 1. and 2., (d) and (e) 1. and 2., 23.33 (4t), 23.33 (4x) (title), 340.01 (35) and 345.11 (1r); and to create 23.33 (1) (ij) and 346.02 (11m) of the statutes; relating to: lightweight utility vehicles, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill creates a new classification of vehicles called "lightweight utility vehicle." A lightweight utility vehicle is an engine-driven device that has a gross weight of more than 700 pounds but not more than 1,999 pounds that is designed to travel on four or more low-pressure tires, is equipped with a cargo area, and is used principally off a highway. The bill applies many of the same rules of the road to operators of lightweight utility vehicles that are applicable to the operators of other motor vehicles, including obedience to traffic signs and signals, rules regarding making turns, parking, and approaching other vehicles, and the prohibition against operating a vehicle while intoxicated or with a prohibited alcohol or other drug concentration.

The bill places restrictions on the operation of a lightweight utility vehicle that are similar to the restrictions placed on operating an all-terrain vehicle. Under the bill, no person may operate a lightweight utility vehicle on any part of a freeway, unless the freeway is not part of the federal system of interstate highways, and the Department of Transportation (DOT) specifically authorizes the use of a lightweight utility vehicle on that freeway.

Further, no one may operate a lightweight utility vehicle on any highway, unless authorized by DOT, except under the following circumstances:

1. The lightweight utility vehicle is owned by a municipality, state agency, or public utility and the operator is performing emergency or official functions in a manner that does not jeopardize safety.

2. The operator is performing a land surveying operation in a manner that does not jeopardize safety.

3. The operator is at least 12 years old, and he or she is crossing a roadway, bridge, culvert, or railway.

4. The operator is at least 12 years old, and he or she is operating the lightweight utility vehicle on a roadway that is seasonally not maintained for motor vehicle traffic, or he or she is operating on a roadway that is designated as a route for all-terrain vehicles or lightweight utility vehicles.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

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

AB219, s. 1 Section 1. 23.33 (1) (ij) of the statutes is created to read:

AB219,2,8 23.33 (1) (ij) "Lightweight utility vehicle" means an engine-driven device having a gross weight of more than 700 pounds but not more than 1,999 pounds that is designed to travel on four or more low-pressure tires, is equipped with a cargo area, and is used principally off a highway. For the purposes of this paragraph, a "low pressure-tire" is a tire that is designed to be mounted on a rim with a maximum diameter of 13 inches and to be inflated with an operating pressure not to exceed 8 pounds per square inch as recommended by the manufacturer.

AB219, s. 2 Section 2. 23.33 (4) (a), (b), (c) 1. and 1m., (d) (intro.) and 1. to 7. and (e) (intro.) of the statutes are amended to read:

AB219,3,6 23.33 (4) (a) Freeways. No person may operate an all-terrain vehicle or a lightweight utility vehicle upon any part of any freeway which that is a part of the federal system of interstate and defense highways. No person may operate an all-terrain vehicle or a lightweight utility vehicle upon any part of any other freeway unless the department of transportation authorizes all-terrain vehicle or lightweight utility vehicle use on that freeway.

AB219,3,10 (b) Other highways; operation restricted. No person may operate an all-terrain vehicle or a lightweight utility vehicle on a highway except as authorized under pars. (d) and (e) or as authorized by rules promulgated by the department and approved by the department of transportation.

AB219,3,16 (c) 1. Paragraphs (a) and (b) do not apply to the operator of an all-terrain vehicle or a lightweight utility vehicle owned by a municipality, state agency or public utility while the operator is engaged in an emergency or in the operation of an all-terrain vehicle or a lightweight utility vehicle directly related to the functions of the municipality, state agency or public utility if safety does not require strict adherence to these restrictions.

AB219,3,19 1m. Paragraphs (a) and (b) do not apply to the operator of an all-terrain vehicle or a lightweight utility vehicle who is engaged in land surveying operations, if safety does not require strict adherence to the restrictions under pars. (a) and (b).

AB219,3,22 (d) Operation on roadway. (intro.) A person may operate an all-terrain vehicle or, if the person is at least 12 years of age, a lightweight utility vehicle on the roadway portion of any highway only in the following situations:

AB219,4,3 1. To cross a roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle or the lightweight utility vehicle prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway.

AB219,4,8 2. On any roadway which that is seasonally not maintained for motor vehicle traffic. Operation of an all-terrain vehicle or a lightweight utility vehicle on this type of roadway is authorized only during the seasons when no maintenance occurs and only if the roadway is not officially closed to all-terrain vehicle or lightweight utility vehicle traffic.

AB219,4,16 3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to all-terrain vehicle or lightweight utility vehicle traffic. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle or the lightweight utility vehicle prior to the crossing, pedestrians, and electric personal assistive mobility devices using the roadway.

AB219,4,21 4. On roadways which that are designated as all-terrain vehicle or lightweight utility vehicle routes. Operation of all-terrain vehicles or lightweight utility vehicles on a roadway which is an all-terrain vehicle or a lightweight utility vehicle route is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.

AB219,5,3 5. On roadways if the vehicle is an all-terrain vehicle and is an implement of husbandry, if the all-terrain vehicle is used exclusively for agricultural purposes and if the all-terrain vehicle is registered for private use under sub. (2) (d) or (2g). Operation of an all-terrain vehicle which is an implement of husbandry on a roadway is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.

AB219,5,7 6. On roadways if the vehicle is an all-terrain vehicle and if the operator of the all-terrain vehicle is a person who holds a Class A permit or a Class B permit under s. 29.193 (2) and who is traveling for the purposes of hunting or is otherwise engaging in an activity authorized by the permit.

AB219,5,9 7. On If the vehicle is an all-terrain vehicle, on roadways of highways that are all-terrain vehicle trails.

AB219,5,14 (e) Operation adjacent to roadway. (intro.) A person may operate an all-terrain vehicle adjacent to a roadway on an all-terrain vehicle route or trail or operate an all-terrain vehicle or a lightweight utility vehicle adjacent to a roadway on an all-terrain vehicle route if the person operates the all-terrain vehicle in the following manner:

AB219, s. 3 Section 3. 23.33 (4c) (a) 1., 2., 2m. and 3. and (b) 1., 2. and 2m. of the statutes are amended to read:

AB219,5,21 23.33 (4c) Intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle. (a) Operation. 1. `Operating while under the influence of an intoxicant.' No person may operate an all-terrain vehicle or a lightweight utility vehicle while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle.

AB219,5,24 2. `Operating with alcohol concentrations at or above specified levels.' No person may engage in the operation of an all-terrain vehicle or a lightweight utility vehicle while the person has an alcohol concentration of 0.08 or more.

AB219,6,4 2m. `Operating with a restricted controlled substance.' No person may engage in the operation of an all-terrain vehicle or a lightweight utility vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.

AB219,6,8 3. `Operating with alcohol concentrations at specified levels; below age 19.' If a person has not attained the age of 19, the person may not engage in the operation of an all-terrain vehicle or a lightweight utility vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.

AB219,6,13 (b) Causing injury. 1. ` Causing injury while under the influence of an intoxicant.' No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle or a lightweight utility vehicle may cause injury to another person by the operation of an all-terrain vehicle or a lightweight utility vehicle.

AB219,6,16 2. `Causing injury with alcohol concentrations at or above specified levels.' No person who has an alcohol concentration of 0.08 or more may cause injury to another person by the operation of an all-terrain vehicle or a lightweight utility vehicle.

AB219,6,20 2m. `Causing injury while operating with a restricted controlled substance.' No person who has a detectable amount of a restricted controlled substance in his or her blood may cause injury to another person by the operation of an all-terrain vehicle or a lightweight utility vehicle.

AB219, s. 4 Section 4. 23.33 (4g) (a) of the statutes is amended to read:

AB219,7,2 23.33 (4g) (a) Requirement. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.

AB219, s. 5 Section 5. 23.33 (4g) (b) of the statutes is amended to read:

AB219,7,9 23.33 (4g) (b) Use of test results. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law or for the purpose of deciding whether or not to request a chemical test under sub. (4p). Following the preliminary breath screening test, chemical tests may be required of the person under sub. (4p).

AB219, s. 6 Section 6. 23.33 (4j), (4L) and (4p) (a) 1. and 3., (b) 4., (c) 1. and 2., (d) and (e) 1. and 2. of the statutes are amended to read:

AB219,7,17 23.33 (4j) Applicability of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law. In addition to being applicable upon highways, the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law is applicable upon all premises held out to the public for use of their all-terrain or lightweight utility vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof.

AB219,8,2 (4L) Implied consent. Any person who engages in the operation of an all-terrain vehicle or a lightweight utility vehicle upon the public highways of this state, or in those areas enumerated in sub. (4j), is deemed to have given consent to provide one or more samples of his or her breath, blood or urine for the purpose of authorized analysis as required under sub. (4p). Any person who engages in the operation of an all-terrain vehicle or a lightweight utility vehicle within this state is deemed to have given consent to submit to one or more chemical tests of his or her breath, blood or urine for the purpose of authorized analysis as required under sub. (4p).

AB219,8,11 (4p) (a) 1. `Samples; submission to tests.' A person shall provide one or more samples of his or her breath, blood or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law and if he or she is requested to submit to the test by a law enforcement officer.