AB303: Bill Text

AB303,10,10 (d) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under par. (a), (b) or (c) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

AB303,10,13 (e) 1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law.

AB303,10,15 2. Whether the person was lawfully placed under arrest for violating the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law.

AB303, s. 7 Section 7. 23.33 (4t) of the statutes is amended to read:

AB303,10,20 23.33 (4t) Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

AB303, s. 8 Section 8. 23.33 (4x) (title) of the statutes is amended to read:

AB303,10,23 23.33 (4x) (title) Officer's action after arrest for operating an all-terrain vehicle or a lightweight utility vehicle while under influence of intoxicant.

AB303, s. 9 Section 9. 23.33 (6) of the statutes is amended to read:

AB303,11,4 23.33 (6) Equipment requirements. (a) A person who operates an all-terrain vehicle or a lightweight utility vehicle during hours of darkness or during daylight hours on any highway right-of-way is required to display a lighted headlamp and tail lamp on the all-terrain vehicle or the lightweight utility vehicle.

AB303,11,8 (b) The headlamp on an all-terrain vehicle or a lightweight utility vehicle is required to display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle or the lightweight utility vehicle.

AB303,11,11 (c) The tail lamp on an all-terrain vehicle or a lightweight utility vehicle is required to display a red light plainly visible during hours of darkness from a distance of 500 feet to the rear.

AB303,11,13 (d) Every all-terrain vehicle and lightweight utility vehicle is required to be equipped with at least one brake operated either by hand or by foot.

AB303,11,16 (e) Every all-terrain vehicle and lightweight utility vehicle is required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester of a type approved by the U.S. forest service.

AB303, s. 10 Section 10. 340.01 (4) (a) of the statutes is amended to read:

AB303,11,20 340.01 (4) (a) Type 1 is a motor vehicle designed and used primarily for carrying persons but which does not come within the definition of a motor bus, motorcycle, moped or, motor bicycle, or low-speed vehicle.

AB303, s. 11 Section 11. 340.01 (19d) of the statutes is created to read:

AB303,11,25 340.01 (19d) "Golf cart" means a vehicle whose speed attainable in one mile does not exceed 20 miles per hour on a paved, level surface, and is designed and intended to convey one or more persons and equipment to play the game of golf in an area designated as a golf course.

AB303, s. 12 Section 12. 340.01 (25r) of the statutes is created to read:

AB303,12,10 340.01 (25r) "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 primarily off a highway. For the purposes of this subsection, 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. The definition of "lightweight utility vehicle" does not include golf carts, low-speed vehicles, or off-road utility vehicles.

AB303, s. 13 Section 13. 340.01 (27m) of the statutes is created to read:

AB303,12,15 340.01 (27m) "Low-speed vehicle" means a low-speed vehicle, as defined in 49 CFR 571.3, that satisfies the equipment standards under 49 CFR 571.500 and that was originally manufactured to meet the applicable equipment standards under 49 CFR 571.500. "Low-speed vehicle" does not include a golf cart.

AB303, s. 14 Section 14. 340.01 (35) of the statutes is amended to read:

AB303,12,23 340.01 (35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile , a lightweight utility vehicle, and an all-terrain vehicle shall only be considered motor vehicles for purposes made specifically applicable by statute.

AB303, s. 15 Section 15. 345.11 (1r) of the statutes is amended to read:

AB303,13,7 345.11 (1r) The uniform traffic citation or the citation form under s. 23.54 shall be used for violations of s. 23.33 relating to highway use or ordinances in conformity with that section if the violation is committed on a highway, but no points may be assessed against the driving record of the operator of an all-terrain vehicle or a lightweight utility vehicle. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.

AB303, s. 16 Section 16. 346.02 (11m) of the statutes is created to read:

AB303,13,14 346.02 (11m) Applicability to lightweight utility vehicles. The operator of a lightweight utility vehicle on a roadway is subject to ss. 346.04, 346.06, 346.11, 346.14 (1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1), and 346.94 (1) and (9) but is not subject to any other provision of this chapter.

AB303, s. 17 Section 17. 347.24 (1) (c) of the statutes is amended to read:

AB303,13,18 347.24 (1) (c) An implement of husbandry which is an all-terrain vehicle or a lightweight utility vehicle need only comply with the lamp requirements established under s. 23.33 (6).

AB303, s. 18 Section 18. 347.415 (1g) of the statutes is amended to read:

AB303,13,25 347.415 (1g) In this section, "odometer" means an instrument for measuring and recording the actual distance that a motor vehicle, snowmobile, or all-terrain vehicle, or lightweight utility vehicle has traveled while in operation, but does not include any auxiliary instrument designed to be reset to zero to measure and record the actual distance that a motor vehicle, snowmobile, or all-terrain vehicle, or lightweight utility vehicle has traveled on trips.

AB303, s. 19 Section 19. 347.415 (1m) of the statutes is amended to read:

AB303,14,5 347.415 (1m) No person may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect the odometer of any motor vehicle, snowmobile, or all-terrain vehicle , or lightweight utility vehicle with the intent to change or affect the number of miles indicated thereon.

AB303,14,6 (End)