SB354: Bill Text

SB354,18,11 23.33 (2j) (c) 2. The fee for a 5-day nonresident trail pass issued under this section is $19.25. A 5-day nonresident trail pass may be issued only by the department and persons appointed by the department.

SB354, s. 59 Section 59. 23.33 (2j) (d) of the statutes is amended to read:

SB354,18,19 23.33 (2j) (d) There is no fee for a nonresident trail pass issued for an all-terrain vehicle or utility terrain vehicle that is registered under sub. (2g) or s. 23.35. The department or Indian tribe or band shall issue a nonresident trail pass for such an all-terrain vehicle or utility terrain vehicle when it issues the registration certificate for the all-terrain vehicle. The department shall provide Indian tribes or bands that register all-terrain vehicles or utility terrain vehicles under sub. (2g) or s. 23.35 with a supply of trail passes.

SB354, s. 60 Section 60. 23.33 (2j) (e) of the statutes is amended to read:

SB354,19,4 23.33 (2j) (e) An all-terrain vehicle or a utility terrain vehicle that is registered under sub. (2) (a) or an all-terrain vehicle or utility terrain vehicle that is exempt from registration under sub. (2) (b) 1., 3., 3m., or 4. is exempt from having a nonresident trail pass displayed as required under par. (b). The department may promulgate a rule to exempt all-terrain vehicles and utility terrain vehicles that are exempt from registration under sub. (2) (b) 5. from having nonresident trail passes displayed as required under par. (b) or may promulgate a rule to exempt owners of such all-terrain vehicles from having to pay any applicable nonresident trail pass fee.

SB354, s. 61 Section 61. 23.33 (2k) of the statutes is created to read:

SB354,19,10 23.33 (2k) Weekend exemption. A person may operate an all-terrain vehicle or utility terrain vehicle in this state during the first full weekend in June of each year without registering the all-terrain vehicle or utility terrain vehicle under sub. (2) and without having been issued or displaying a nonresident trail pass under sub. (2j).

SB354, s. 62 Section 62. 23.33 (2m) (title) of the statutes is amended to read:

SB354,19,13 23.33 (2m) (title) Rental of all-terrain vehicles and utility terrain vehicles.

SB354, s. 63 Section 63. 23.33 (2m) (a) (intro.) of the statutes is amended to read:

SB354,19,17 23.33 (2m) (a) (intro.) No person who is engaged in the rental or leasing of all-terrain vehicles or utility terrain vehicles to the public may do any of the following:

SB354, s. 64 Section 64. 23.33 (2m) (a) 1. of the statutes is amended to read:

SB354,19,22 23.33 (2m) (a) 1. Rent or lease an all-terrain vehicle or utility terrain vehicle for operation by a person who will be operating an all-terrain the vehicle for the first time unless the person engaged in the rental or leasing gives the person instruction on how to operate an all-terrain the vehicle.

SB354, s. 65 Section 65. 23.33 (2m) (a) 2. of the statutes is amended to read:

SB354,19,25 23.33 (2m) (a) 2. Rent or lease an all-terrain vehicle or utility terrain vehicle to a person under 16 years of age.

SB354, s. 66 Section 66. 23.33 (2m) (a) 3. of the statutes is amended to read:

SB354,20,5 23.33 (2m) (a) 3. Rent or lease an all-terrain vehicle or utility terrain vehicle without first ascertaining that any person under the age of 18 who will be on the all-terrain vehicle has protective headgear of the type required under s. 347.485 (1) (a).

SB354, s. 67 Section 67. 23.33 (2m) (b) of the statutes is amended to read:

SB354,20,11 23.33 (2m) (b) A person who is engaged in the rental or leasing of all-terrain vehicles or utility terrain vehicles to the public shall have clean, usable protective headgear available for rent in sufficient quantity to provide headgear to all persons under the age of 18 who will be on all-terrain vehicles or utility terrain vehicles that the person rents or leases.

SB354, s. 68 Section 68. 23.33 (3) (intro.) of the statutes is amended to read:

SB354,20,14 23.33 (3) Rules of operation. (intro.) No person may operate an all-terrain vehicle or utility terrain vehicle:

SB354, s. 69 Section 69. 23.33 (3) (c) of the statutes is amended to read:

SB354,20,18 23.33 (3) (c) On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for all-terrain vehicle or utility terrain vehicle use.

SB354, s. 70 Section 70. 23.33 (3) (cm) of the statutes is amended to read:

SB354,20,22 23.33 (3) (cm) On public property that is posted as closed to all-terrain vehicle or utility terrain vehicle operation or on which the operation of an all-terrain vehicle or utility terrain vehicle is prohibited by law.

SB354, s. 71 Section 71. 23.33 (3) (d) of the statutes is amended to read:

SB354,21,3 23.33 (3) (d) On Indian lands without the consent of the tribal governing body or Indian owner. Failure to post Indian lands does not imply consent for all-terrain vehicle or utility terrain vehicle use.

SB354, s. 72 Section 72. 23.33 (3) (em) of the statutes is created to read:

SB354,21,6 23.33 (3) (em) With a passenger riding in or on any part of a utility terrain vehicle that is not designed or intended to be used by passengers.

SB354, s. 73 Section 73. 23.33 (3) (h) of the statutes is amended to read:

SB354,21,10 23.33 (3) (h) On the frozen surface of public waters within 100 feet of a person not in or on an all-terrain vehicle, utility terrain vehicle, or motor vehicle or within 100 feet of a fishing shanty at a speed exceeding 10 miles per hour.

SB354, s. 74 Section 74. 23.33 (3g) (intro.) of the statutes is amended to read:

SB354,21,15 23.33 (3g) Use of headgear. (intro.) No person may operate or be a passenger on an all-terrain vehicle or utility terrain vehicle without wearing protective headgear of the type required under s. 347.485 (1) (a) and with the chin strap properly fastened, unless one of the following applies:

SB354, s. 75 Section 75. 23.33 (3g) (c) of the statutes is amended to read:

SB354,21,18 23.33 (3g) (c) The all-terrain vehicle or utility terrain vehicle is being operated for an agricultural purpose.

SB354, s. 76 Section 76. 23.33 (3g) (d) of the statutes is amended to read:

SB354,21,22 23.33 (3g) (d) The all-terrain vehicle or utility terrain vehicle is being operated by a person on land under the management and control of the person's immediate family.

SB354, s. 77 Section 77. 23.33 (4) (a) of the statutes is amended to read:

SB354,22,5 23.33 (4) (a) Freeways. No person may operate an all-terrain vehicle or utility terrain vehicle upon any part of any freeway which is a part of the federal system of interstate and defense highways. No person may operate an all-terrain vehicle or utility terrain vehicle upon any part of any other freeway unless the department of transportation authorizes all-terrain the use of that vehicle use on that freeway. No person may operate an all-terrain vehicle or utility terrain vehicle with a snow removal device attached upon any part of any freeway under any circumstances.

SB354, s. 78 Section 78. 23.33 (4) (b) of the statutes is amended to read:

SB354,22,10 23.33 (4) (b) Other highways; operation restricted. No person may operate an all-terrain vehicle or utility terrain vehicle on a highway except as authorized under pars. (d), (e), and (f) and sub. (11) (am) 2. or as authorized by rules promulgated by the department and approved by the department of transportation.

SB354, s. 79 Section 79. 23.33 (4) (c) 1. of the statutes is amended to read:

SB354,22,18 23.33 (4) (c) 1. Paragraphs (a) and (b) do not apply to the operator of an all-terrain vehicle or utility terrain vehicle owned by a municipality, state agency, or public utility, or by the Great Lakes Indian Fish and Wildlife Commission, while the operator is engaged in an emergency or in the operation of an all-terrain vehicle or utility terrain vehicle directly related to the functions of the municipality, state agency, or public utility, or of the Great Lakes Indian Fish and Wildlife Commission, if safety does not require strict adherence to these restrictions.

SB354, s. 80 Section 80. 23.33 (4) (c) 1m. of the statutes is amended to read:

SB354,22,23 23.33 (4) (c) 1m. Paragraphs (a) and (b) do not apply to the operator of an all-terrain vehicle or utility terrain vehicle who is engaged in land surveying operations, if safety does not require strict adherence to the restrictions under pars. (a) and (b).

SB354, s. 81 Section 81. 23.33 (4) (c) 2. of the statutes is amended to read:

SB354,23,10 23.33 (4) (c) 2. Paragraph (b) does not apply to a highway blocked off for special all-terrain vehicle or utility terrain vehicle events. A county, town, city or village may block off highways under its jurisdiction for the purpose of allowing special all-terrain vehicle or utility terrain vehicle events. No state trunk highway or connecting highway, or part thereof, may be blocked off by any county, town, city or village for any all-terrain vehicle or utility terrain vehicle race or derby. A county, town, city or village shall notify the local police department and the county sheriff's office at least one week in advance of the time and place of any all-terrain vehicle or utility terrain vehicle race or derby which may result in any street, or part thereof, of the county, town, city or village being blocked off.

SB354, s. 82 Section 82. 23.33 (4) (d) (intro.) of the statutes is amended to read:

SB354,23,14 23.33 (4) (d) Operation on roadway. (intro.) A person may operate an all-terrain vehicle or utility terrain vehicle on the roadway portion of any highway only in the following situations:

SB354, s. 83 Section 83. 23.33 (4) (d) 1. of the statutes is amended to read:

SB354,23,21 23.33 (4) (d) 1. To cross a roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle or utility terrain vehicle prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway.

SB354, s. 84 Section 84. 23.33 (4) (d) 2. of the statutes is amended to read:

SB354,24,2 23.33 (4) (d) 2. On any roadway which is seasonally not maintained for motor vehicle traffic. Operation of an all-terrain vehicle or utility terrain vehicle on this type of roadway is authorized only during the seasons when no maintenance occurs and only if the roadway is not officially closed to all-terrain vehicle or utility terrain vehicle traffic.

SB354, s. 85 Section 85. 23.33 (4) (d) 3. of the statutes is amended to read:

SB354,24,10 23.33 (4) (d) 3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to all-terrain vehicle or utility terrain vehicle traffic. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle prior to the crossing, pedestrians, and electric personal assistive mobility devices using the roadway.

SB354, s. 86 Section 86. 23.33 (4) (d) 4. of the statutes is amended to read:

SB354,24,16 23.33 (4) (d) 4. On roadways which are designated as all-terrain vehicle routes. Operation of all-terrain vehicles and utility terrain vehicles on a roadway which is an all-terrain vehicle route is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.

SB354, s. 87 Section 87. 23.33 (4) (d) 5. of the statutes is amended to read:

SB354,24,25 23.33 (4) (d) 5. On roadways if the all-terrain vehicle or utility terrain vehicle is an implement of husbandry, if the all-terrain vehicle or utility terrain vehicle is used exclusively for agricultural purposes and if the all-terrain vehicle or utility terrain vehicle is registered for private use under sub. (2) (d) or (2g). Operation of an all-terrain vehicle or utility terrain vehicle which is an implement of husbandry on a roadway is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.

SB354, s. 88 Section 88. 23.33 (4) (d) 6. of the statutes is amended to read:

SB354,25,5 23.33 (4) (d) 6. On roadways if the operator of the all-terrain vehicle or utility terrain vehicle is a person who holds a Class A permit or a Class B permit under s. 29.193 (2) and who is traveling for the purposes of hunting or is otherwise engaging in an activity authorized by the permit.

SB354, s. 89 Section 89. 23.33 (4) (e) (intro.) of the statutes is amended to read:

SB354,25,10 23.33 (4) (e) Operation adjacent to roadway. (intro.) A person may operate an all-terrain vehicle or utility terrain vehicle adjacent to a roadway on an all-terrain vehicle route or trail if the person operates the all-terrain vehicle or utility terrain vehicle in the following manner:

SB354, s. 90 Section 90. 23.33 (4) (e) 3. of the statutes is renumbered 23.33 (4) (e) 3. (intro.) and amended to read:

SB354,25,16 23.33 (4) (e) 3. (intro.) During hours of darkness in the same direction as motor vehicle traffic in the nearest lane, although during daylight hours travel may be in either direction regardless of the flow of motor vehicle traffic. unless all of the following apply:

SB354, s. 91 Section 91. 23.33 (4) (e) 3. a. of the statutes is created to read:

SB354,25,19 23.33 (4) (e) 3. a. The all-terrain vehicle route or trail is located at least 40 feet from the roadway or is separated from the roadway by a head lamp barrier.

SB354, s. 92 Section 92. 23.33 (4) (e) 3. b. of the statutes is created to read:

SB354,25,25 23.33 (4) (e) 3. b. The use of the all-terrain vehicle route or trail is approved by the department of transportation with respect to all-terrain vehicle routes or trails located near or crossing state trunk highways or by the officer in charge of maintenance with respect to all-terrain vehicle routes or trails located near or crossing other highways.

SB354, s. 93 Section 93. 23.33 (4) (e) 3m. of the statutes is created to read:

SB354,26,3 23.33 (4) (e) 3m. During daylight hours, travel may be in either direction regardless of the flow of motor vehicle traffic.

SB354, s. 94 Section 94. 23.33 (4) (f) of the statutes is amended to read:

SB354,26,19 23.33 (4) (f) Operation with snow removal device attached. Except as prohibited under par. (a), and subject to ordinances enacted under sub. (11) (am) 2., a person may operate an all-terrain vehicle or utility terrain vehicle with a snow removal device attached on a roadway or adjacent to a roadway or on a public sidewalk during the period beginning on October 1 and ending on April 30 of each year for the purpose of removing snow if such operation is necessary to travel to or from a site where the snow removal device will be used. The travel necessary to or from the site may not exceed 2 miles. Operation of such an all-terrain vehicle or utility terrain vehicle on a roadway or adjacent to a roadway is authorized only if the applicable roadway speed limit is 45 miles per hour or less. Operation on a roadway of such an all-terrain vehicle or utility terrain vehicle is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway where it is safe to do so given prevailing conditions. Operation adjacent to a roadway of such an all-terrain vehicle or utility terrain vehicle shall comply with the applicable speed limit and with par. (e) 1., 2., 3., 3m., and 5.

SB354, s. 95 Section 95. 23.33 (4c) (title) of the statutes is amended to read:

SB354,26,22 23.33 (4c) (title) Intoxicated operation of an all-terrain vehicle or utility terrain vehicle.

SB354, s. 96 Section 96. 23.33 (4c) (a) 1. of the statutes is amended to read:

SB354,27,2 23.33 (4c) (a) 1. `Operating while under the influence of an intoxicant.' No person may operate an all-terrain vehicle or utility terrain vehicle while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle or utility terrain vehicle.

SB354, s. 97 Section 97. 23.33 (4c) (a) 2. of the statutes is amended to read:

SB354,27,6 23.33 (4c) (a) 2. `Operating with alcohol concentrations at or above specified levels.' No person may engage in the operation of an all-terrain vehicle or utility terrain vehicle while the person has an alcohol concentration of 0.08 or more.

SB354, s. 98 Section 98. 23.33 (4c) (a) 2m. of the statutes is amended to read:

SB354,27,11 23.33 (4c) (a) 2m. `Operating with a restricted controlled substance.' No person may engage in the operation of an all-terrain vehicle or utility terrain vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.

SB354, s. 99 Section 99. 23.33 (4c) (a) 3. of the statutes is amended to read:

SB354,27,16 23.33 (4c) (a) 3. `Operating with alcohol concentrations at specified levels; below age 19 21.' If a person has not attained the age of 19 21, the person may not engage in the operation of an all-terrain vehicle or utility terrain vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.

SB354, s. 100 Section 100. 23.33 (4c) (b) 1. of the statutes is amended to read:

SB354,27,22 23.33 (4c) (b) 1. ` Causing injury while under the influence of an intoxicant.' No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle or utility terrain vehicle may cause injury to another person by the operation of an all-terrain vehicle or utility terrain vehicle.

SB354, s. 101 Section 101. 23.33 (4c) (b) 2. of the statutes is amended to read:

SB354,28,2 23.33 (4c) (b) 2. `Causing injury with alcohol concentrations at or above specified levels.' No person who has an alcohol concentration of 0.08 or more may cause injury to another person by the operation of an all-terrain vehicle or utility terrain vehicle.

SB354, s. 102 Section 102. 23.33 (4c) (b) 2m. of the statutes is amended to read:

SB354,28,7 23.33 (4c) (b) 2m. `Causing injury while operating with a restricted controlled substance.' No person who has a detectable amount of a restricted controlled substance in his or her blood may cause injury to another person by the operation of an all-terrain vehicle or utility terrain vehicle.