AB340: Bill Text

AB340,15,4 (h) Except when an agricultural implement does not impair the visibility of a slow moving vehicle emblem mounted on the towing vehicle in compliance with sub. (2) (f), a slow moving vehicle emblem that complies with the requirements specified in s. 347.245.

AB340,15,12 (4) No person may operate upon a highway 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], with any lighted spotlamp or auxiliary lamp projecting a beam of intensity greater than a headlamp unless each spotlamp or auxiliary lamp is set or adjusted so that the rays of light are projected directly upon the road surface at a distance not exceeding 150 feet directly in front or to the side of the vehicle and to the right of the center of the traveled roadway and so that no glaring light is projected into the eyes of an approaching driver.

AB340,15,20 (5) Notwithstanding ss. 347.04 and 347.06 and any other provision of this section, an agricultural vehicle or agricultural implement manufactured on or after the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], that is subject to a lighting system failure may be operated, towed, or transported upon a highway to the nearest place of repair if the vehicle or implement is accompanied by at least one motor vehicle other than a motorcycle within 295 feet to the front and to the rear that each display warning lamps described in s. 347.26 (7).

AB340,16,2 (6) Notwithstanding sub. (3) (a) 2. and (ag) and s. 347.06 (1), an agricultural implement manufactured on or after the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], that complies with all requirements under sub. (3) other than sub. (3) (a) 2. or (ag) may be towed upon a highway during hours of darkness by a vehicle that is not equipped to activate lamps required on the implement under sub. (3) (a) 2. or (ag) if the implement is equipped with all of the following and all of the following are lighted:

AB340,16,9 (a) At least 2 auxiliary lamps, which may be fixed or moveable, mounted on the extremities of the width of the implement, that otherwise meet the requirements for warning lamps specified in sub. (3) (a) 2. except the requirement that the lamp flash simultaneously with the warning lamps on the towing vehicle, except that, if the agricultural implement is not symmetrical, the implement may be equipped with one auxiliary lamp that meets the requirements specified in sub. (3) (a) 2. for circumstances when one lamp is permitted.

AB340,16,13 (b) If the agricultural implement obscures the visibility of any tail lamp on the towing vehicle when viewed from the driver's seat of a vehicle following, at least one auxiliary lamp, which may be fixed or moveable, that meets the requirements for tail lamps specified in sub. (3) (a) 1.

AB340,16,16 (7) In addition to any other lamp required under this section, an agricultural vehicle or agricultural implement may be equipped with a flashing, oscillating, or rotating amber light or a 360-degree flashing amber strobe light.

AB340,16,23 (8) The department shall establish by rule design, type, or performance standards for any lamp, reflector, or other lighting device or visibility material required under this section, and these standards shall comply with applicable standards established by the American Society of Agricultural Engineers or the Society of Automotive Engineers or both. Any lamp, reflector, or other lighting device or visibility material required under this section shall meet the design, type, or performance standards established by the department.

AB340, s. 5 Section 5. 347.24 (title) of the statutes is amended to read:

AB340,17,2 347.24 (title) Lamps and reflectors on certain nonmotor vehicles and equipment.

AB340, s. 6 Section 6. 347.24 (1) (a) and (am) of the statutes are amended to read:

AB340,17,17 347.24 (1) (a) Except as provided under pars. par. (b) and (c) s. 347.225, no person may operate on a highway during hours of darkness any implement of husbandry or any other vehicle not specifically required by law to be equipped with lamps or other lighting devices unless such implement or vehicle is equipped with at least 2 lighted lamps or lanterns exhibiting a white light visible from a distance of 500 feet ahead and 2 lighted lamps or lanterns exhibiting a red light visible from a distance of 500 feet to the rear or, as an alternative to the red lamps or lanterns, 2 red reflectors mounted as specified in s. 347.18 and meeting the visibility requirements of s. 347.19 may be displayed on the rear of such vehicle or implement of husbandry. If the implement or vehicle 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 paragraph .... [revisor inserts date], it shall comply with the requirements of s. 347.225.

AB340,18,2 (am) No Except as provided in s. 347.225, no person may operate on a highway during hours of darkness any implement of husbandry that extends 4 feet or more to the left of the center line of its towing vehicle unless the implement is equipped with an amber reflector meeting the visibility requirements of s. 347.19 and mounted on the left side, facing forward, so as to mark the extreme width of the implement to drivers of oncoming vehicles. If the implement of husbandry 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 paragraph .... [revisor inserts date], it shall comply with the requirements of s. 347.225.

AB340, s. 7 Section 7. 347.24 (1) (c) of the statutes is renumbered 347.225 (9) and amended to read:

AB340,18,7 347.225 (9) An implement of husbandry which Notwithstanding any other provision of this section, an agricultural vehicle that is an all-terrain vehicle need only comply with the lamp requirements established under s. 23.33 (6).

AB340, s. 8 Section 8. 347.245 (1), (4) and (5) of the statutes are amended to read:

AB340,18,25 347.245 (1) After January 1, 1970, no person may operate on a highway, day or night, any vehicle or equipment, any animal-drawn vehicle, or any other machinery, including all road machinery, that usually travels at speeds of less than 25 miles per hour or any vehicle operated under a special restricted operator's license issued under s. 343.135, unless there is displayed on the most practicable visible rear area of the vehicle or combination of vehicles, a slow moving vehicle (SMV) emblem as described in and displayed as provided in sub. (2). Any towed vehicle or machine is exempt from this provision if the towing vehicle is visible from the rear and is in compliance with this section. All road machinery is excluded when it is engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs. Except as provided in s. ss. 347.21 (1) and 347.225, the requirement of the emblem shall be in addition to any lighting devices required or permitted by law. Mopeds and motor bicycles are excluded from the provisions of this section unless they are operated under a special restricted operator's license issued under s. 343.135. Electric personal assistive mobility devices are excluded from the provisions of this section. The SMV emblem need not be displayed on vehicles moving directly across the highway.

AB340,19,2 (4) Except as provided in s. ss. 347.21 (1) and 347.225, no person shall display such emblem on any vehicle or equipment not specified in sub. (1).

AB340,19,5 (5) This Except as provided in s. 347.225, this section does not apply to any vehicle or combination of vehicles to the left rear of which is attached a yellow or amber flashing light at least 4 inches in diameter.

AB340, s. 9 Section 9. 347.27 (1m) of the statutes is created to read:

AB340,19,14 347.27 (1m) No person may park or leave standing an agricultural vehicle, as defined in s. 347.225 (1) (b), or an agricultural implement, as defined in s. 347.225 (1) (a), that was manufactured on or after the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], whether attended or unattended, upon a roadway or the shoulder immediately adjacent thereto during hours of darkness unless the vehicle or implement is equipped as required under s. 347.225 and satisfies the requirements for other vehicles specified in subs. (1) and (2).

AB340, s. 10 Section 10. 347.27 (3) of the statutes is amended to read:

AB340,19,21 347.27 (3) In this section, "vehicle" includes farm tractors and self-propelled farm implements, implements of husbandry, animal-drawn vehicles and road machinery, but not agricultural vehicles, as defined in s. 347.225 (1) (b), or agricultural implements, as defined in s. 347.225 (1) (a), that were manufactured on or after the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date].

AB340, s. 11 Section 11. 348.08 (2) of the statutes is amended to read:

AB340,20,3 348.08 (2) Whenever any train of agricultural vehicles is being operated under sub. (1) (b), the train shall be equipped, as applicable, as provided in s. 347.21 (1m) and (2) or 347.225. Whenever any train of agricultural vehicles is being operated under sub. (1) (d), the train shall be equipped, as applicable, as provided in s. 347.21 (1) and (2) or 347.225. The trailer hitches of a train of agricultural vehicles shall be of a positive nature so as to prevent accidental release.

AB340, s. 12 Section 12 . Nonstatutory provisions.

AB340,20,10 (1) The department of transportation shall submit in proposed form the rules required under section 347.225 (8) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this subsection, unless the secretary of administration requires the department to prepare an economic impact report under section 227.137 of the statutes for the proposed rules.

AB340,20,23 (2) Using the emergency rules procedure under section 227.24 of the statutes, the department of transportation shall promulgate the rules required under section 347.225 (8) of the statutes, as created by this act, for purposes of implementing this act, for the period before the effective date of the rules submitted under subsection (1). The department shall promulgate these emergency rules no later than the first day of the 4th month beginning after the effective date of this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, these emergency rules may remain in effect until July 1, 2009, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB340, s. 13 Section 13. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

AB340,21,2 (1) The treatment of section 347.225 (8) of the statutes and Section 12 (1 ) and (2) of this act take effect on the day after publication.

AB340,21,3 (End)