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.
SB354, s. 103 8Section 103. 23.33 (4g) (a) of the statutes is amended to read:
SB354,28,139 23.33 (4g) (a) Requirement. A person shall provide a sample of his or her breath
10for a preliminary breath screening test if a law enforcement officer has probable
11cause to believe that the person is violating or has violated the intoxicated operation
12of an all-terrain vehicle or utility terrain vehicle law and if, prior to an arrest, the
13law enforcement officer requested the person to provide this sample.
SB354, s. 104 14Section 104. 23.33 (4g) (b) of the statutes is amended to read:
SB354,28,2015 23.33 (4g) (b) Use of test results. A law enforcement officer may use the results
16of a preliminary breath screening test for the purpose of deciding whether or not to
17arrest a person for a violation of the intoxicated operation of an all-terrain vehicle
18or utility terrain vehicle law or for the purpose of deciding whether or not to request
19a chemical test under sub. (4p). Following the preliminary breath screening test,
20chemical tests may be required of the person under sub. (4p).
SB354, s. 105 21Section 105. 23.33 (4j) of the statutes is amended to read:
SB354,29,222 23.33 (4j) Applicability of the intoxicated operation of an all-terrain
23vehicle or utility terrain vehicle law. In addition to being applicable upon
24highways, the intoxicated operation of an all-terrain vehicle or utility terrain vehicle
25law is applicable upon all premises held out to the public for use of their all-terrain

1vehicles or utility terrain vehicles, whether such premises are publicly or privately
2owned and whether or not a fee is charged for the use thereof.
SB354, s. 106 3Section 106. 23.33 (4L) of the statutes is amended to read:
SB354,29,114 23.33 (4L) Implied consent. Any person who engages in the operation of an
5all-terrain vehicle or utility terrain vehicle upon the public highways of this state,
6or in those areas enumerated in sub. (4j), is deemed to have given consent to provide
7one or more samples of his or her breath, blood or urine for the purpose of authorized
8analysis as required under sub. (4p). Any person who engages in the operation of an
9all-terrain vehicle or utility terrain vehicle within this state is deemed to have given
10consent to submit to one or more chemical tests of his or her breath, blood or urine
11for the purpose of authorized analysis as required under sub. (4p).
SB354, s. 107 12Section 107. 23.33 (4p) (a) 1. of the statutes is amended to read:
SB354,29,2113 23.33 (4p) (a) 1. `Samples; submission to tests.' A person shall provide one or
14more samples of his or her breath, blood or urine for the purpose of authorized
15analysis if he or she is arrested for a violation of the intoxicated operation of an
16all-terrain vehicle or utility terrain vehicle law and if he or she is requested to
17provide the sample by a law enforcement officer. A person shall submit to one or more
18chemical tests of his or her breath, blood or urine for the purpose of authorized
19analysis if he or she is arrested for a violation of the intoxicated operation of an
20all-terrain vehicle or utility terrain vehicle law and if he or she is requested to submit
21to the test by a law enforcement officer.
SB354, s. 108 22Section 108. 23.33 (4p) (a) 3. of the statutes is amended to read:
SB354,30,423 23.33 (4p) (a) 3. `Unconscious person.' A person who is unconscious or
24otherwise not capable of withdrawing consent is presumed not to have withdrawn
25consent under this paragraph, and if a law enforcement officer has probable cause

1to believe that the person violated the intoxicated operation of an all-terrain vehicle
2or utility terrain vehicle law, one or more chemical tests may be administered to the
3person without a request under subd. 1. and without providing information under
4subd. 2.
SB354, s. 109 5Section 109. 23.33 (4p) (b) 4. of the statutes is amended to read:
SB354,30,166 23.33 (4p) (b) 4. `Validity; procedure.' A chemical test of blood or urine
7conducted for the purpose of authorized analysis is valid as provided under s. 343.305
8(6). The duties and responsibilities of the laboratory of hygiene, department of
9health services and department of transportation under s. 343.305 (6) apply to a
10chemical test of blood or urine conducted for the purpose of authorized analysis
11under this subsection. Blood may be withdrawn from a person arrested for a
12violation of the intoxicated operation of an all-terrain vehicle or utility terrain
13vehicle
law only by a physician, registered nurse, medical technologist, physician
14assistant or person acting under the direction of a physician and the person who
15withdraws the blood, the employer of that person and any hospital where blood is
16withdrawn have immunity from civil or criminal liability as provided under s. 895.53
SB354, s. 110 17Section 110. 23.33 (4p) (c) 1. of the statutes is amended to read:
SB354,31,218 23.33 (4p) (c) 1. `Additional chemical test.' If a person is arrested for a violation
19of the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or
20is the operator of an all-terrain vehicle or utility terrain vehicle involved in an
21accident resulting in great bodily harm to or the death of someone and if the person
22is requested to provide a sample or to submit to a test under par. (a) 1., the person
23may request the test facility to administer the additional chemical test specified
24under par. (b) 3. or, at his or her own expense, reasonable opportunity to have any

1qualified person administer a chemical test of his or her breath, blood or urine for the
2purpose of authorized analysis.
SB354, s. 111 3Section 111. 23.33 (4p) (c) 2. of the statutes is amended to read:
SB354,31,124 23.33 (4p) (c) 2. `Optional test.' If a person is arrested for a violation of the
5intoxicated operation of an all-terrain vehicle or utility terrain vehicle law and if the
6person is not requested to provide a sample or to submit to a test under par. (a) 1.,
7the person may request the test facility to administer a chemical test of his or her
8breath or, at his or her own expense, reasonable opportunity to have any qualified
9person administer a chemical test of his or her breath, blood or urine for the purpose
10of authorized analysis. If a test facility is unable to perform a chemical test of breath,
11the person may request the test facility to administer the designated chemical test
12under par. (b) 2. or the additional chemical test under par. (b) 3.
SB354, s. 112 13Section 112. 23.33 (4p) (d) of the statutes is amended to read:
SB354,31,2314 23.33 (4p) (d) Admissibility; effect of test results; other evidence. The results
15of a chemical test required or administered under par. (a), (b) or (c) are admissible
16in any civil or criminal action or proceeding arising out of the acts committed by a
17person alleged to have violated the intoxicated operation of an all-terrain vehicle or
18utility terrain vehicle
law on the issue of whether the person was under the influence
19of an intoxicant or the issue of whether the person had alcohol concentrations at or
20above specified levels or a detectable amount of a restricted controlled substance in
21his or her blood. Results of these chemical tests shall be given the effect required
22under s. 885.235. This subsection does not limit the right of a law enforcement officer
23to obtain evidence by any other lawful means.
Loading...
Loading...