LRB-0095/3
ARG:bjk:ph
2009 - 2010 LEGISLATURE
July 8, 2009 - Introduced by Representatives Sherman, Danou, Hraychuck,
Murtha, Radcliffe, Townsend, Turner, A. Williams
and Dexter, cosponsored
by Senators Lehman, Schultz, Taylor and A. Lasee. Referred to Committee
on Fish and Wildlife.
AB342,1,3 1An Act to create 349.05 of the statutes; relating to: operation of lightweight
2utility vehicles on certain highways by persons with disabilities to access
3hunting and fishing areas.
Analysis by the Legislative Reference Bureau
Current law defines a lightweight utility vehicle as an engine-driven vehicle
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. The Department of Natural Resources, in
conjunction with the Department of Transportation, oversees a lightweight utility
vehicle pilot program to study the use of lightweight utility vehicles on trails and
roadways used by all-terrain vehicles.
This bill authorizes a person who holds a Class A or Class B hunting permit for
persons with physical disabilities, or who holds an annual or temporary fishing
license for person with disabilities, to operate a lightweight utility vehicle on town
roads and forest roads for travel to a hunting or fishing area. A person with a
disability may bring one passenger with him or her on the lightweight utility vehicle,
may not travel more than five miles from the person's home, and may only operate
the lightweight utility vehicle during hours of daylight. The bill prohibits the
operation of lightweight utility vehicles on state trunk highways, county trunk

highways, freeways, and expressways, except to cross a state trunk highway or
county trunk highway.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB342, s. 1 1Section 1. 349.05 of the statutes is created to read:
AB342,2,3 2349.05 Use of lightweight utility vehicles on highways by persons with
3disabilities.
(1) In this section:
AB342,2,64 (a) "Forest road" means a public road within a county forest, state forest, or
5national forest that is open and used for travel and that is not a state trunk highway
6or county trunk highway or a town road.
AB342,2,77 (b) "Lightweight utility vehicle" has the meaning given in s. 23.33 (11m) (a) 2.
AB342,2,88 (c) "Political subdivision" means a city, village, town, or county.
AB342,2,109 (d) "State agency" means an office, commission, department, or independent
10agency in the executive branch of state government.
AB342,2,1211 (e) "Town road" means a road under the jurisdiction, for maintenance purposes,
12of a town.
AB342,2,16 13(2) Notwithstanding s. 23.33 (11m), no state agency or political subdivision
14may prohibit a person from operating a lightweight utility vehicle on any town road
15or forest road to access any area where hunting or fishing is allowed if all of the
16following apply:
AB342,2,2117 (a) The person holds a Class A or Class B permit under s. 29.193 (2), a license
18issued under s. 29.193 (3) (b) or (c), or a license issued under s. 29.193 (3m) based
19upon the evidence specified in s. 29.193 (3) (b) or (c), and the person operates the
20lightweight utility vehicle only for the purposes of hunting or fishing or is otherwise
21engaging in an activity authorized by the permit.
AB342,3,1
1(b) The person travels no more than 5 miles from his or her home.
AB342,3,32 (c) The person carries no more than one passenger on the lightweight utility
3vehicle.
AB342,3,54 (d) The person operates the lightweight utility vehicle only during hours of
5daylight.
AB342,3,9 6(3) A person operating a lightweight utility vehicle in compliance with sub. (2)
7may not operate the lightweight utility vehicle on state trunk highways, county
8trunk highways, expressways, or freeways, except the person may cross state trunk
9highways and county trunk highways if all of the following apply:
AB342,3,1110 (a) The crossing is done in the most direct manner practicable and is made at
11a place where no obstruction prevents a quick and safe crossing.
AB342,3,1412 (b) The operator stops the lightweight utility vehicle prior to the crossing and
13yields the right-of-way to other vehicles, pedestrians, and electric personal assistive
14mobility devices using the highway.
AB342,3,1515 (End)
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