SB354,18,119 23.33 (2j) (c) 2. The fee for a 5-day nonresident trail pass issued under this
10section is $19.25. A 5-day nonresident trail pass may be issued only by the
11department and persons appointed by the department.
SB354, s. 59 12Section 59. 23.33 (2j) (d) of the statutes is amended to read:
SB354,18,1913 23.33 (2j) (d) There is no fee for a nonresident trail pass issued for an
14all-terrain vehicle or utility terrain vehicle that is registered under sub. (2g) or s.
1523.35. The department or Indian tribe or band shall issue a nonresident trail pass
16for such an all-terrain vehicle or utility terrain vehicle when it issues the
17registration certificate for the all-terrain vehicle. The department shall provide
18Indian tribes or bands that register all-terrain vehicles or utility terrain vehicles
19under sub. (2g) or s. 23.35 with a supply of trail passes.
SB354, s. 60 20Section 60. 23.33 (2j) (e) of the statutes is amended to read:
SB354,19,421 23.33 (2j) (e) An all-terrain vehicle or a utility terrain vehicle that is registered
22under sub. (2) (a) or an all-terrain vehicle or utility terrain vehicle that is exempt
23from registration under sub. (2) (b) 1., 3., 3m., or 4. is exempt from having a
24nonresident trail pass displayed as required under par. (b). The department may
25promulgate a rule to exempt all-terrain vehicles and utility terrain vehicles that are

1exempt from registration under sub. (2) (b) 5. from having nonresident trail passes
2displayed as required under par. (b) or may promulgate a rule to exempt owners of
3such all-terrain vehicles from having to pay any applicable nonresident trail pass
4fee.
SB354, s. 61 5Section 61. 23.33 (2k) of the statutes is created to read:
SB354,19,106 23.33 (2k) Weekend exemption. A person may operate an all-terrain vehicle
7or utility terrain vehicle in this state during the first full weekend in June of each
8year without registering the all-terrain vehicle or utility terrain vehicle under sub.
9(2) and without having been issued or displaying a nonresident trail pass under sub.
10(2j).
SB354, s. 62 11Section 62. 23.33 (2m) (title) of the statutes is amended to read:
SB354,19,1312 23.33 (2m) (title) Rental of all-terrain vehicles and utility terrain
13vehicles
.
SB354, s. 63 14Section 63. 23.33 (2m) (a) (intro.) of the statutes is amended to read:
SB354,19,1715 23.33 (2m) (a) (intro.) No person who is engaged in the rental or leasing of
16all-terrain vehicles or utility terrain vehicles to the public may do any of the
17following:
SB354, s. 64 18Section 64. 23.33 (2m) (a) 1. of the statutes is amended to read:
SB354,19,2219 23.33 (2m) (a) 1. Rent or lease an all-terrain vehicle or utility terrain vehicle
20for operation by a person who will be operating an all-terrain the vehicle for the first
21time unless the person engaged in the rental or leasing gives the person instruction
22on how to operate an all-terrain the vehicle.
SB354, s. 65 23Section 65. 23.33 (2m) (a) 2. of the statutes is amended to read:
SB354,19,2524 23.33 (2m) (a) 2. Rent or lease an all-terrain vehicle or utility terrain vehicle
25to a person under 16 years of age.
SB354, s. 66
1Section 66. 23.33 (2m) (a) 3. of the statutes is amended to read:
SB354,20,52 23.33 (2m) (a) 3. Rent or lease an all-terrain vehicle or utility terrain vehicle
3without first ascertaining that any person under the age of 18 who will be on the
4all-terrain vehicle has protective headgear of the type required under s. 347.485 (1)
5(a).
SB354, s. 67 6Section 67. 23.33 (2m) (b) of the statutes is amended to read:
SB354,20,117 23.33 (2m) (b) A person who is engaged in the rental or leasing of all-terrain
8vehicles or utility terrain vehicles to the public shall have clean, usable protective
9headgear available for rent in sufficient quantity to provide headgear to all persons
10under the age of 18 who will be on all-terrain vehicles or utility terrain vehicles that
11the person rents or leases.
SB354, s. 68 12Section 68. 23.33 (3) (intro.) of the statutes is amended to read:
SB354,20,1413 23.33 (3) Rules of operation. (intro.) No person may operate an all-terrain
14vehicle or utility terrain vehicle:
SB354, s. 69 15Section 69. 23.33 (3) (c) of the statutes is amended to read:
SB354,20,1816 23.33 (3) (c) On the private property of another without the consent of the
17owner or lessee. Failure to post private property does not imply consent for
18all-terrain vehicle or utility terrain vehicle use.
SB354, s. 70 19Section 70. 23.33 (3) (cm) of the statutes is amended to read:
SB354,20,2220 23.33 (3) (cm) On public property that is posted as closed to all-terrain vehicle
21or utility terrain vehicle operation or on which the operation of an all-terrain vehicle
22or utility terrain vehicle is prohibited by law.
SB354, s. 71 23Section 71. 23.33 (3) (d) of the statutes is amended to read:
SB354,21,3
123.33 (3) (d) On Indian lands without the consent of the tribal governing body
2or Indian owner. Failure to post Indian lands does not imply consent for all-terrain
3vehicle or utility terrain vehicle use.
SB354, s. 72 4Section 72. 23.33 (3) (em) of the statutes is created to read:
SB354,21,65 23.33 (3) (em) With a passenger riding in or on any part of a utility terrain
6vehicle that is not designed or intended to be used by passengers.
SB354, s. 73 7Section 73. 23.33 (3) (h) of the statutes is amended to read:
SB354,21,108 23.33 (3) (h) On the frozen surface of public waters within 100 feet of a person
9not in or on an all-terrain vehicle, utility terrain vehicle, or motor vehicle or within
10100 feet of a fishing shanty at a speed exceeding 10 miles per hour.
SB354, s. 74 11Section 74. 23.33 (3g) (intro.) of the statutes is amended to read:
SB354,21,1512 23.33 (3g) Use of headgear. (intro.) No person may operate or be a passenger
13on an all-terrain vehicle or utility terrain vehicle without wearing protective
14headgear of the type required under s. 347.485 (1) (a) and with the chin strap
15properly fastened, unless one of the following applies:
SB354, s. 75 16Section 75. 23.33 (3g) (c) of the statutes is amended to read:
SB354,21,1817 23.33 (3g) (c) The all-terrain vehicle or utility terrain vehicle is being operated
18for an agricultural purpose.
SB354, s. 76 19Section 76. 23.33 (3g) (d) of the statutes is amended to read:
SB354,21,2220 23.33 (3g) (d) The all-terrain vehicle or utility terrain vehicle is being operated
21by a person on land under the management and control of the person's immediate
22family.
SB354, s. 77 23Section 77. 23.33 (4) (a) of the statutes is amended to read:
SB354,22,524 23.33 (4) (a) Freeways. No person may operate an all-terrain vehicle or utility
25terrain vehicle
upon any part of any freeway which is a part of the federal system of

1interstate and defense highways. No person may operate an all-terrain vehicle or
2utility terrain vehicle
upon any part of any other freeway unless the department of
3transportation authorizes all-terrain the use of that vehicle use on that freeway. No
4person may operate an all-terrain vehicle or utility terrain vehicle with a snow
5removal device attached upon any part of any freeway under any circumstances.
SB354, s. 78 6Section 78. 23.33 (4) (b) of the statutes is amended to read:
SB354,22,107 23.33 (4) (b) Other highways; operation restricted. No person may operate an
8all-terrain vehicle or utility terrain vehicle on a highway except as authorized under
9pars. (d), (e), and (f) and sub. (11) (am) 2. or as authorized by rules promulgated by
10the department and approved by the department of transportation.
SB354, s. 79 11Section 79. 23.33 (4) (c) 1. of the statutes is amended to read:
SB354,22,1812 23.33 (4) (c) 1. Paragraphs (a) and (b) do not apply to the operator of an
13all-terrain vehicle or utility terrain vehicle owned by a municipality, state agency,
14or public utility, or by the Great Lakes Indian Fish and Wildlife Commission, while
15the operator is engaged in an emergency or in the operation of an all-terrain vehicle
16or utility terrain vehicle directly related to the functions of the municipality, state
17agency, or public utility, or of the Great Lakes Indian Fish and Wildlife Commission,
18if safety does not require strict adherence to these restrictions.
SB354, s. 80 19Section 80. 23.33 (4) (c) 1m. of the statutes is amended to read:
SB354,22,2320 23.33 (4) (c) 1m. Paragraphs (a) and (b) do not apply to the operator of an
21all-terrain vehicle or utility terrain vehicle who is engaged in land surveying
22operations, if safety does not require strict adherence to the restrictions under pars.
23(a) and (b).
SB354, s. 81 24Section 81. 23.33 (4) (c) 2. of the statutes is amended to read:
SB354,23,10
123.33 (4) (c) 2. Paragraph (b) does not apply to a highway blocked off for special
2all-terrain vehicle or utility terrain vehicle events. A county, town, city or village
3may block off highways under its jurisdiction for the purpose of allowing special
4all-terrain vehicle or utility terrain vehicle events. No state trunk highway or
5connecting highway, or part thereof, may be blocked off by any county, town, city or
6village for any all-terrain vehicle or utility terrain vehicle race or derby. A county,
7town, city or village shall notify the local police department and the county sheriff's
8office at least one week in advance of the time and place of any all-terrain vehicle
9or utility terrain vehicle race or derby which may result in any street, or part thereof,
10of the county, town, city or village being blocked off.
SB354, s. 82 11Section 82. 23.33 (4) (d) (intro.) of the statutes is amended to read:
SB354,23,1412 23.33 (4) (d) Operation on roadway. (intro.) A person may operate an
13all-terrain vehicle or utility terrain vehicle on the roadway portion of any highway
14only in the following situations:
SB354, s. 83 15Section 83. 23.33 (4) (d) 1. of the statutes is amended to read:
SB354,23,2116 23.33 (4) (d) 1. To cross a roadway. The crossing of a roadway is authorized only
17if the crossing is done in the most direct manner practicable, if the crossing is made
18at a place where no obstruction prevents a quick and safe crossing, and if the operator
19stops the all-terrain vehicle or utility terrain vehicle prior to the crossing and yields
20the right-of-way to other vehicles, pedestrians, and electric personal assistive
21mobility devices using the roadway.
SB354, s. 84 22Section 84. 23.33 (4) (d) 2. of the statutes is amended to read:
SB354,24,223 23.33 (4) (d) 2. On any roadway which is seasonally not maintained for motor
24vehicle traffic. Operation of an all-terrain vehicle or utility terrain vehicle on this
25type of roadway is authorized only during the seasons when no maintenance occurs

1and only if the roadway is not officially closed to all-terrain vehicle or utility terrain
2vehicle
traffic.
SB354, s. 85 3Section 85. 23.33 (4) (d) 3. of the statutes is amended to read:
SB354,24,104 23.33 (4) (d) 3. To cross a bridge, culvert, or railroad right-of-way. The crossing
5of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is
6officially closed to all-terrain vehicle or utility terrain vehicle traffic. The crossing
7is authorized only if the crossing is done in the most direct manner practicable, if the
8crossing is made at a place where no obstruction prevents a quick and safe crossing,
9and if the operator stops the all-terrain vehicle prior to the crossing, pedestrians,
10and electric personal assistive mobility devices using the roadway.
SB354, s. 86 11Section 86. 23.33 (4) (d) 4. of the statutes is amended to read:
SB354,24,1612 23.33 (4) (d) 4. On roadways which are designated as all-terrain vehicle routes.
13Operation of all-terrain vehicles and utility terrain vehicles on a roadway which is
14an all-terrain vehicle route is authorized only for the extreme right side of the
15roadway except that left turns may be made from any part of the roadway which is
16safe given prevailing conditions.
SB354, s. 87 17Section 87. 23.33 (4) (d) 5. of the statutes is amended to read:
SB354,24,2518 23.33 (4) (d) 5. On roadways if the all-terrain vehicle or utility terrain vehicle
19is an implement of husbandry, if the all-terrain vehicle or utility terrain vehicle is
20used exclusively for agricultural purposes and if the all-terrain vehicle or utility
21terrain vehicle
is registered for private use under sub. (2) (d) or (2g). Operation of
22an all-terrain vehicle or utility terrain vehicle which is an implement of husbandry
23on a roadway is authorized only for the extreme right side of the roadway except that
24left turns may be made from any part of the roadway which is safe given prevailing
25conditions.
SB354, s. 88
1Section 88. 23.33 (4) (d) 6. of the statutes is amended to read:
SB354,25,52 23.33 (4) (d) 6. On roadways if the operator of the all-terrain vehicle or utility
3terrain vehicle
is a person who holds a Class A permit or a Class B permit under s.
429.193 (2) and who is traveling for the purposes of hunting or is otherwise engaging
5in an activity authorized by the permit.
SB354, s. 89 6Section 89. 23.33 (4) (e) (intro.) of the statutes is amended to read:
SB354,25,107 23.33 (4) (e) Operation adjacent to roadway. (intro.) A person may operate an
8all-terrain vehicle or utility terrain vehicle adjacent to a roadway on an all-terrain
9vehicle route or trail if the person operates the all-terrain vehicle or utility terrain
10vehicle
in the following manner:
SB354, s. 90 11Section 90. 23.33 (4) (e) 3. of the statutes is renumbered 23.33 (4) (e) 3. (intro.)
12and amended to read:
SB354,25,1613 23.33 (4) (e) 3. (intro.) During hours of darkness in the same direction as motor
14vehicle traffic in the nearest lane, although during daylight hours travel may be in
15either direction regardless of the flow of motor vehicle traffic.
unless all of the
16following apply:
SB354, s. 91 17Section 91. 23.33 (4) (e) 3. a. of the statutes is created to read:
SB354,25,1918 23.33 (4) (e) 3. a. The all-terrain vehicle route or trail is located at least 40 feet
19from the roadway or is separated from the roadway by a head lamp barrier.
SB354, s. 92 20Section 92. 23.33 (4) (e) 3. b. of the statutes is created to read:
SB354,25,2521 23.33 (4) (e) 3. b. The use of the all-terrain vehicle route or trail is approved
22by the department of transportation with respect to all-terrain vehicle routes or
23trails located near or crossing state trunk highways or by the officer in charge of
24maintenance with respect to all-terrain vehicle routes or trails located near or
25crossing other highways.
SB354, s. 93
1Section 93. 23.33 (4) (e) 3m. of the statutes is created to read:
SB354,26,32 23.33 (4) (e) 3m. During daylight hours, travel may be in either direction
3regardless of the flow of motor vehicle traffic.
SB354, s. 94 4Section 94. 23.33 (4) (f) of the statutes is amended to read:
SB354,26,195 23.33 (4) (f) Operation with snow removal device attached. Except as prohibited
6under par. (a), and subject to ordinances enacted under sub. (11) (am) 2., a person
7may operate an all-terrain vehicle or utility terrain vehicle with a snow removal
8device attached on a roadway or adjacent to a roadway or on a public sidewalk during
9the period beginning on October 1 and ending on April 30 of each year for the purpose
10of removing snow if such operation is necessary to travel to or from a site where the
11snow removal device will be used. The travel necessary to or from the site may not
12exceed 2 miles. Operation of such an all-terrain vehicle or utility terrain vehicle on
13a roadway or adjacent to a roadway is authorized only if the applicable roadway
14speed limit is 45 miles per hour or less. Operation on a roadway of such an all-terrain
15vehicle or utility terrain vehicle is authorized only for the extreme right side of the
16roadway except that left turns may be made from any part of the roadway where it
17is safe to do so given prevailing conditions. Operation adjacent to a roadway of such
18an all-terrain vehicle or utility terrain vehicle shall comply with the applicable speed
19limit and with par. (e) 1., 2., 3., 3m., and 5.
SB354, s. 95 20Section 95. 23.33 (4c) (title) of the statutes is amended to read:
SB354,26,2221 23.33 (4c) (title) Intoxicated operation of an all-terrain vehicle or utility
22terrain vehicle
.
SB354, s. 96 23Section 96. 23.33 (4c) (a) 1. of the statutes is amended to read:
SB354,27,224 23.33 (4c) (a) 1. `Operating while under the influence of an intoxicant.' No
25person may operate an all-terrain vehicle or utility terrain vehicle while under the

1influence of an intoxicant to a degree which renders him or her incapable of safe
2operation of an all-terrain vehicle or utility terrain vehicle.
SB354, s. 97 3Section 97. 23.33 (4c) (a) 2. of the statutes is amended to read:
SB354,27,64 23.33 (4c) (a) 2. `Operating with alcohol concentrations at or above specified
5levels.' No person may engage in the operation of an all-terrain vehicle or utility
6terrain vehicle
while the person has an alcohol concentration of 0.08 or more.
SB354, s. 98 7Section 98. 23.33 (4c) (a) 2m. of the statutes is amended to read:
SB354,27,118 23.33 (4c) (a) 2m. `Operating with a restricted controlled substance.' No person
9may engage in the operation of an all-terrain vehicle or utility terrain vehicle while
10the person has a detectable amount of a restricted controlled substance in his or her
11blood.
SB354, s. 99 12Section 99. 23.33 (4c) (a) 3. of the statutes is amended to read:
SB354,27,1613 23.33 (4c) (a) 3. `Operating with alcohol concentrations at specified levels;
14below age 19 21.' If a person has not attained the age of 19 21, the person may not
15engage in the operation of an all-terrain vehicle or utility terrain vehicle while he
16or she has an alcohol concentration of more than 0.0 but not more than 0.08.
SB354, s. 100 17Section 100. 23.33 (4c) (b) 1. of the statutes is amended to read:
SB354,27,2218 23.33 (4c) (b) 1. ` Causing injury while under the influence of an intoxicant.'
19No person while under the influence of an intoxicant to a degree which renders him
20or her incapable of safe operation of an all-terrain vehicle or utility terrain vehicle
21may cause injury to another person by the operation of an all-terrain vehicle or
22utility terrain vehicle
.
SB354, s. 101 23Section 101. 23.33 (4c) (b) 2. of the statutes is amended to read:
SB354,28,224 23.33 (4c) (b) 2. `Causing injury with alcohol concentrations at or above
25specified levels.' No person who has an alcohol concentration of 0.08 or more may

1cause injury to another person by the operation of an all-terrain vehicle or utility
2terrain vehicle
.
SB354, s. 102 3Section 102. 23.33 (4c) (b) 2m. of the statutes is amended to read:
SB354,28,74 23.33 (4c) (b) 2m. `Causing injury while operating with a restricted controlled
5substance.' No person who has a detectable amount of a restricted controlled
6substance in his or her blood may cause injury to another person by the operation of
7an all-terrain vehicle or utility terrain vehicle.
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