AB340: Bill Text

LRB-1463/1

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2005 - 2006 LEGISLATURE

2005 Assembly BILL 340

April 15, 2005 - Introduced by Representatives Ainsworth, Ott, Vos, Bies, Gronemus, Gunderson, Hahn, Hines, Hundertmark, Kerkman, Kestell, LeMahieu, Molepske, Mursau, Nerison, Petrowski, Towns and Ballweg, cosponsored by Senators Stepp, Cowles, Grothman, Harsdorf, Lassa and Roessler. Referred to Committee on Transportation.

AB340,1,8 An Act to renumber and amend 347.24 (1) (c); to amend 100.47 (2) (c), 347.06 (3), 347.21, 347.22, 347.24 (title), 347.24 (1) (a) and (am), 347.245 (1), (4) and (5), 347.27 (3) and 348.08 (2); and to create 347.225 and 347.27 (1m) of the statutes; relating to: lighting and visibility marking requirements for certain agricultural vehicles and agricultural implements operated or towed upon a highway, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, providing an exemption from rule-making procedures, and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, farm tractors and implements of husbandry are exempt from vehicle registration by the Department of Transportation (DOT). A "farm tractor" is defined as a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. An "implement of husbandry" is defined, with limited variation, as a vehicle or piece of equipment or machinery designed for agricultural purposes, used exclusively in the conduct of agricultural operations, and used principally off the highway.

Under current law, vehicle equipment requirements generally do not apply to vehicles that are not operated upon or occupying a highway, and lighting requirements applicable to most vehicles operated upon a highway do not apply to farm tractors, self-propelled farm implements, or implements of husbandry except to the extent the requirement is specifically imposed on these vehicles. However, whenever a vehicle is required to be equipped with headlamps, tail lamps, or clearance lamps, no person may operate the vehicle upon a highway during hours of darkness unless the required lamps are lighted. In addition, if any vehicle is required to be equipped with lamps or reflectors, the operator of the vehicle must keep all such lamps and reflectors reasonably clean and in proper working condition at all times. If a vehicle is operated on a highway without lighting equipment required by law, both the operator and the owner, if the owner knowingly causes or permits the vehicle to be so operated, may be guilty of a violation.

Current law imposes various lighting requirements on different types of agricultural-related vehicles, including the following:

1. No person may operate or park a farm tractor or a self-propelled farm implement upon a highway during hours of darkness unless the farm tractor or farm implement is equipped with the same type of headlamps and tail lamps required of other vehicles, these lamps are lighted, and no lamp of a color other than red is showing to the rear.

2. No person may operate on a highway during hours of darkness any implement of husbandry manufactured after January 1, 1984, that is not an all-terrain vehicle unless the implement of husbandry is equipped with the equivalent of at least two lighted headlamps and two lighted tail lamps or, as an alternative to the tail lamps, two red reflectors on the rear of the implement of husbandry. Also, no person may operate on a highway during hours of darkness any implement of husbandry that extends four feet or more to the left of the center line of its towing vehicle unless the implement is equipped with an amber reflector on the left side, facing forward, to mark the extreme width of the implement of husbandry.

3. Under an exception to the general prohibition that a person may not operate on a highway, without a permit, a vehicle towing more than one other vehicle, a person may operate a farm tractor drawing two trailers used primarily as implements of husbandry in connection with seasonal agricultural activities or one such trailer and any other implement of husbandry (farm tractor agricultural train) if the operation of the combination of vehicles is exclusively for a farming operation and certain other requirements are satisfied. Another exception allows a person to operate a motor truck or truck tractor to draw two trailers transporting empty pressurized or nonpressurized tanks used for hauling or storing liquid agricultural fertilizer or two implements of husbandry, including two empty trailers used primarily as implements of husbandry in connection with seasonal agricultural activities (truck tractor agricultural train), if certain requirements are satisfied. No person may operate on a highway during hours of darkness any farm tractor agricultural train or truck tractor agricultural train unless each side of every vehicle in the train is equipped with at least one red lamp or at least one red reflector or, for truck tractor agricultural trains only, at least one slow moving (SMV) vehicle emblem. In addition, no person may operate on a highway, at times other than during hours of darkness, any farm tractor agricultural train without a red flag on each rear corner of the rearmost vehicle in the train.

4. No person may operate on a highway, at any time, any vehicle or equipment that usually travels at speeds of less than 25 miles per hour without an SMV emblem on the most practicable visible rear area of the vehicle or combination of vehicles unless an SMV emblem on a towing vehicle is visible from the rear. This SMV emblem requirement is in addition to any other required lighting devices, and no person may display an SMV emblem on a vehicle except for the purpose for which the emblem is required. In lieu of the SMV emblem, a vehicle or combination of vehicles may be equipped with a yellow or amber flashing light on the left rear of the vehicle. DOT is required to establish by rule standards and specifications for the design and positioning of SMV emblems on vehicles and the standards and specifications must conform, so far as practicable, with those approved by the American Society of Agricultural Engineers.

5. No person may park or leave a vehicle (including a farm tractor, self-propelled farm implement, or implement of husbandry) standing, whether attended or unattended, upon a roadway or the shoulder immediately adjacent thereto during hours of darkness unless the vehicle is lawfully parked within a city or village or is parked or standing where there is sufficient artificial light to render it visible from a distance of 500 feet and, in either case, is equipped with at least one red reflector on the rear to the side of the vehicle closest to passing traffic or unless the vehicle is equipped with lighted lamps to the side of the vehicle closest to passing traffic visible from a distance of 500 feet showing a white or amber light visible to the front and a red light visible to the rear and, if equipped with two parking lamps and two tail lamps, these lamps are lighted. In addition, any lighted headlamp must be dimmed.

Current law also establishes certain visibility and mounting standards for all of these lighting and visibility marking devices.

This bill generally replaces current law relating to lighting and visibility marking requirements for farm tractors, self-propelled implements of husbandry, and self-propelled farm implements (agricultural vehicles) and implements of husbandry and farm implements that are not self-propelled but intended to be used with a motor vehicle (agricultural implements) that are manufactured on or after approximately one year after the bill's effective date with new, similar requirements. The bill creates the following requirements:

1. An agricultural vehicle manufactured on or after approximately one year after the bill's effective date may not be operated on a highway unless the vehicle is equipped with at least two headlamps, two tail lamps, at least two warning lamps, at least two direction signal lamps and two additional auxiliary direction signal lamps, two red rear reflectors and, if the vehicle is more than 12 feet wide, specified strips of visibility material (tape), an SMV emblem (for most vehicles), and, if the vehicle is equipped or designed to tow an agricultural implement requiring lighting devices, an electrical connection sufficient to activate any lighting devices on the agricultural implement.

2. An agricultural implement manufactured on or after approximately one year after the bill's effective date may not be towed on a highway unless the implement, if the implement falls within certain size and configuration criteria or obscures the visibility of certain lamps on the towing vehicle, is equipped with some or all of the following: tail lamps, warning lamps, directional signal lamps and additional auxiliary direction signal lamps, strips of visibility material, red reflectors, an SMV emblem, and an electrical device to connect with the towing vehicle sufficient to activate any lighting devices required on the agricultural implement.

3. An agricultural vehicle or agricultural implement manufactured on or after approximately one year after the bill's effective date may not be parked or left standing on a roadway or shoulder during hours of darkness unless the vehicle or implement is equipped as required under items 1. and 2., as applicable, and is lighted sufficiently to satisfy the requirements for other parked or standing vehicles under current law.

The bill establishes certain visibility and mounting standards for all of these required lighting and visibility marking devices, and also requires DOT to establish by rule design, type, or performance standards for these lighting and visibility marking devices, consistent with standards established by the American Society of Agricultural Engineers or the Society of Automotive Engineers or both. All lighting and visibility marking devices required under the bill must comply with these standards established by DOT. The bill requires DOT, within approximately three months, to submit proposed rules to administer the provisions of the bill to the Legislative Council Staff and to promulgate emergency rules to administer the provisions of the bill until the proposed rules submitted to the Legislative Council Staff become final.

The bill also creates an exception to these lighting requirements allowing an agricultural vehicle or agricultural implement manufactured on or after approximately one year after the bill's effective date that is subject to a lighting system failure to be operated, towed, or transported to the nearest place of repair if the vehicle or implement is accompanied by at least two escort vehicles displaying hazard warning lamps. The lighting requirements under the bill also do not apply to an all-terrain vehicle being used as an implement of husbandry, for which current law provides separate lighting requirements.

The bill also allows any agricultural vehicle or agricultural implement (not limited to those manufactured on or after approximately one year after the bill's effective date) to be equipped with an amber strobe light. The bill prohibits a person from operating an agricultural vehicle manufactured on or after approximately one year after the bill's effective date with lighted spotlamps unless the spotlamps are pointed toward the road surface and no glaring light is projected into the eyes of other motorists.

Also under current law, no person in the business of selling "farm equipment," defined as a tractor or other machinery used in the business of farming, (dealer) may sell farm equipment that can be operated on a highway unless the farm equipment is equipped with all required lights and reflectors and with a slow moving vehicle emblem. This bill adds "visibility material" to "lights" and "reflectors" to reflect the new requirements for farm equipment manufactured on or after approximately one year after the bill's effective date.

For further information see the state 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:

AB340, s. 1 Section 1. 100.47 (2) (c) of the statutes is amended to read:

AB340,5,4 100.47 (2) (c) Lights and, reflectors, and visibility material meeting the applicable requirements under ch. 347, if farm equipment that can be operated on a highway.

AB340, s. 2 Section 2. 347.06 (3) of the statutes is amended to read:

AB340,5,8 347.06 (3) The operator of a vehicle shall keep all lamps and, reflectors, and visibility material with which such vehicle is required to be equipped reasonably clean and in proper working condition at all times.

AB340, s. 3 Section 3. 347.21 of the statutes is amended to read:

AB340,6,2 347.21 (1) No Except as provided in s. 347.225, no person shall may operate on a highway during hours of darkness any train of vehicles authorized by s. 348.08 (1) (d) unless there is mounted on each side of every vehicle in such train, including farm tractors and implements of husbandry, at least one lamp emitting a red light visible from a distance of 500 feet to the side of the vehicle on which mounted or, in lieu thereof, at least one red reflector or, notwithstanding s. 347.245, one slow moving vehicle emblem visible from all distances within 500 feet to 50 feet of the side of the vehicle when directly in front of lawful upper beams of headlamps. If the train of vehicles authorized by s. 348.08 (1) (d) consists exclusively of agricultural vehicles, as defined in s. 347.225 (1) (b), or agricultural implements, as defined in s. 347.225 (1) (a), or both, that were manufactured on or after the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], it shall comply with the requirements of s. 347.225.

AB340,6,13 (1m) No Except as provided in s. 347.225, no person shall may operate on a highway during hours of darkness any train of vehicles authorized by s. 348.08 (1) (b) unless there is mounted on each side of every vehicle in such train, including farm tractors and implements of husbandry, at least one lamp emitting a red light visible from a distance of 500 feet to the side of the vehicle on which mounted or, in lieu thereof, at least one red reflector visible from all distances within 500 feet to 50 feet of the side of the vehicle when directly in front of lawful upper beams of headlamps. If all vehicles in the train of agricultural vehicles authorized by s. 348.08 (1) (b) were manufactured on or after the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], the train of agricultural vehicles shall comply with the requirements of s. 347.225.

AB340,6,21 (2) No Except as provided in s. 347.255, no person shall may operate on a highway, at times other than hours of darkness, any train of agricultural vehicles authorized by s. 348.08 (1) (b) unless there is displayed a red flag at least 12 inches square on each rear corner of the rearmost vehicle in the train. If all vehicles in the train of agricultural vehicles authorized by s. 348.08 (1) (b) were manufactured on or after the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], the train of agricultural vehicles shall comply with the requirements of s. 347.225.

AB340, s. 6 Section 6. 347.22 of the statutes is amended to read:

AB340,7,7 347.22 Lamps on farm tractors and self-propelled farm implements. (1) No Except as provided in ss. 347.225 and 347.27 (1m), no person shall may operate or park a farm tractor or self-propelled farm implement upon a highway during hours of darkness unless such tractor or implement carries the lighted headlamps and tail lamps which would be required of other motor vehicles under similar circumstances. If the farm tractor or self-propelled farm implement is an agricultural implement, as defined in s. 347.225 (1) (a), or agricultural vehicle, as defined in s. 347.225 (1) (b), that was manufactured on or after the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], it shall comply with the requirements of ss. 347.225 and 347.27 (1m).

AB340,7,11 (2) No Except as provided in ss. 347.225 and 347.27, no person shall may operate or park a farm tractor or self-propelled farm implement upon a highway during hours of darkness with any lamp thereon showing any light to the rear other than red in color.

AB340, s. 4 Section 4. 347.225 of the statutes is created to read:

AB340,7,14 347.225 Lamps and reflectors on agricultural vehicles and agricultural implements. (1) In this section:

AB340,7,18 (a) "Agricultural implement" means a farm implement or an implement of husbandry, other than a trailer-mounted bulk liquid fertilizer container, that is not self-propelled and that, to accomplish its purpose, must be towed by or mounted on a motor vehicle.

AB340,7,20 (b) "Agricultural vehicle" means a farm tractor, self-propelled implement of husbandry, or self-propelled farm implement.

AB340,7,22 (bm) "Own" includes, with respect to any agricultural vehicle or agricultural implement, the leasing of the vehicle or implement.

AB340,7,24 (c) "Tow" includes, with respect to an agricultural implement, operating a vehicle to which the implement is attached, whether on the front or rear.

AB340,8,2 (d) "Towing vehicle" includes a vehicle to which an agricultural implement is attached.

AB340,8,6 (2) No person may operate an agricultural vehicle manufactured on or after the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], upon a highway unless the vehicle is equipped with all of the following:

AB340,8,12 (a) At least 2 headlamps that project a white light visible to the front from a distance of 500 feet, of sufficient intensity to render objects ahead visible, and mounted on the same level and as widely spaced laterally as practicable. The headlamps shall be so arranged and aimed that the headlamp beams are centered laterally and the headlamps, if multiple-beam, shall comply with the requirements specified in s. 347.10 (2).

AB340,8,18 (b) Two tail lamps mounted on the rear that emit a red light plainly visible to the rear from a distance of 500 feet. These lamps shall be mounted symmetrically from the center on each side of the rear of the vehicle, but not greater than 5 feet to the left or right of the vehicle center, shall be located on the same level and as widely spaced laterally as practicable, and shall be located at a height of not more than 10 feet nor less than 3.3 feet.

AB340,9,2 (c) At least 2 warning lamps that, when actuated, display simultaneous flashing amber lights visible to the front and to the rear having a flashrate of 60 to 85 per minute. These lamps shall be mounted so that 2 of the lamps are located on the same level and as widely spaced laterally as practicable and so that all of the lamps are as symmetrical as practicable and are located at a height of not more than 12 feet and not less than 3.3 feet. If the vehicle is more than 12 feet wide, these lamps shall be mounted so that at least one warning lamp on each side of the vehicle is not more than 16 inches from each extremity of the width of the vehicle.

AB340,9,9 (d) 1. At least 2 direction signal lamps showing to the front and to the rear, so as to indicate intention to turn right or left, which lamps shall be the same amber lamps as the warning lamps under par. (c). When actuated, these lamps shall indicate the intended direction of turning by flashing the light showing to the front and rear on the side toward which the turn is made at a flashrate of at least 20 more than the rate under par. (c) but not more than 110, and shall emit a steady amber light on the side opposite the side toward which the turn is made.