AB694,20,2
12. Rent or lease a limited use off-highway motorcycle to a person under 12
2years of age.
AB694,20,53 3. Rent or lease a limited use off-highway motorcycle without first ascertaining
4that any person under the age of 18 who will be on the vehicle has protective
5headgear of the type required under s. 347.485 (1) (a).
AB694,20,96 (b) A person who is engaged in the rental or leasing of limited use off-highway
7motorcycles to the public shall have clean, usable protective headgear available for
8rent in sufficient quantity to provide headgear to all persons under the age of 18 who
9will be on the limited use off-highway motorcycles that the person rents or leases.
AB694,20,1110 (c) The department may promulgate rules to establish minimum standards for
11the instruction given under par. (a) 1.
AB694,20,16 12(8) Use of protective headgear. (a) Off highway. No person may operate an
13off-highway motorcycle on an off-highway motorcycle corridor, or be a passenger on
14an off-highway motorcycle that is being operated on an off-highway motorcycle
15corridor, without wearing protective headgear of the type required under s. 347.485
16(1) (a), with the chin strap properly fastened, unless one of the following applies:
AB694,20,1717 1. The person is at least 18 years of age.
AB694,20,1918 2. The person is traveling for the purpose of hunting or fishing and is at least
1912 years of age.
AB694,20,2020 3. The off-highway motorcycle is being operated for an agricultural purpose.
AB694,21,221 (b) On highway. No person may operate a limited use off-highway motorcycle
22on an off-highway motorcycle route or in an area where operation is authorized
23under sub. (10) (a) or (11) (a), or be a passenger on an off-highway motorcycle that
24is being operated on such a route or in such an area, without wearing protective

1headgear of the type required under s. 347.485 (1) (a), with the chin strap properly
2fastened, unless the person is at least 18 years of age.
AB694,21,63 (c) No person may operate or be a passenger on an off-highway motorcycle that
4is being operated on an off-highway motorcycle corridor or on an off-highway
5motorcycle route without wearing glasses, wearing goggles, or wearing a protective
6face shield that is attached to headgear approved by the department.
AB694,21,8 7(9) Rules of operation. (a) No person who is operating an off-highway
8motorcycle off a highway may do any of the following:
AB694,21,109 1. Operate the off-highway motorcycle in any careless way so as to endanger
10another person or the property of another.
AB694,21,1211 2. Operate the off-highway motorcycle at a rate of speed that is unreasonable
12under the circumstances.
AB694,21,1513 3. Operate the off-highway motorcycle on private property without the consent
14of the owner or lessee. Failure to post private property does not imply consent for
15off-highway motorcycle use.
AB694,21,1816 4. Operate the off-highway motorcycle on public property that is posted as
17closed to off-highway motorcycle operation or on which the operation of an
18off-highway motorcycle is prohibited by law.
AB694,21,2119 5. Operate the off-highway motorcycle on Indian lands without the consent of
20the tribal governing body or Indian owner. Failure to post Indian lands does not
21imply consent for off-highway motorcycle use.
AB694,21,2322 6. Operate the off-highway motorcycle at a speed exceeding 10 miles per hour,
23if the off-highway motorcycle is within 100 feet of a fishing shanty.
AB694,22,224 7. Operate the off-highway motorcycle at a speed exceeding 10 miles per hour,
25if the off-highway motorcycle is within 150 feet of a dwelling. The speed limit

1specified in this subsection does not apply to a person operating an off-highway
2motorcycle on a roadway that is designated as an off-highway motorcycle route.
AB694,22,63 8. Operate the off-highway motorcycle on the frozen surface of public waters
4or on an off-highway motorcycle trail at a speed exceeding 10 miles per hour or
5without yielding the right-of-way when within 100 feet of another person who is not
6operating a motor vehicle, an off-highway vehicle, or snowmobile.
AB694,22,87 9. Operate the off-highway vehicle to drive or pursue any animal except as part
8of normal farming operations involving livestock.
AB694,22,129 10. Operate the off-highway motorcycle in a manner which violates rules
10promulgated by the department. This subdivision does not authorize the
11department to promulgate or enforce a rule that imposes a speed restriction that is
12more stringent than a speed restriction specified under this paragraph.
AB694,22,1713 (b) The speed restrictions under par. (a) 6. and 8. do not apply to a race or derby
14sponsored by a local governmental unit, by an off-highway vehicle association, as
15defined in sub. (1) (x), or by a similar organization that is approved by a local
16governmental unit if the sponsor of the race or derby marks the race or derby route
17or track to warn spectators from entering the route or track.
AB694,22,2118 (c) 1. The distance restriction under par. (a) 8. does not apply to persons who
19are assisting in directing a race or derby sponsored by a local governmental unit, by
20an off-highway vehicle association or by a similar organization that is approved by
21a local governmental unit.
AB694,22,2422 2. The distance restriction under par. (a) 8. does not apply if the person who is
23not in the motor vehicle or on the snowmobile or off-highway vehicle gives his or her
24consent to have the person operating the off-highway motorcycle at a closer distance.
AB694,23,3
1(10) Operation on highways; limited use motorcycles. (a) Generally. No
2person may operate a limited use off-highway motorcycle on the roadway portion of
3any highway unless one of the following applies:
AB694,23,104 1. Operation on the roadway is necessary to cross the roadway. The crossing
5of a roadway is authorized only if the crossing is done in the most direct manner
6practicable, if the crossing is made at a place where no obstruction prevents a quick
7and safe crossing, and if the operator stops the limited use off-highway motorcycle
8prior to entering the crossing and yields the right-of-way to any other vehicles,
9pedestrians, or electric personal assistive mobility devices that are using the
10roadway.
AB694,23,1811 2. Operation is necessary to cross a bridge, culvert, or railroad right-of-way.
12The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the
13roadway is officially closed to off-highway motorcycle traffic. The crossing is
14authorized only if the crossing is done in the most direct manner practicable, if the
15crossing is made at a place where no obstruction prevents a quick and safe crossing,
16and if the operator stops the limited use off-highway motorcycle prior to entering the
17crossing and yields the right-of-way to any other vehicles, pedestrians, or electric
18personal assistive mobility devices that are using the roadway.
AB694,23,2219 3. Operation is on a roadway which is not maintained, or is only minimally
20maintained, on a seasonal basis for motor vehicle traffic. Such operation is
21authorized only during the seasons when no maintenance occurs and only if the
22roadway is not officially closed to off-highway motorcycle traffic.
AB694,24,223 4. Operation is on a roadway that is an off-highway motorcycle route. Such
24operation is authorized only for the extreme right side of the roadway except that left

1turns may be made from any part of the roadway which is safe given prevailing
2conditions.
AB694,24,53 5. The operator of the limited use off-highway motorcycle is a person who holds
4a Class A permit or a Class B permit under s. 29.193 (2) and who is traveling for the
5purpose of hunting or is otherwise engaging in an activity authorized by the permit.
AB694,24,106 6. Operation is on a roadway, and the limited use off-highway motorcycle is
7registered for private use under sub. (3) and is being used exclusively as an
8implement of husbandry or for agricultural purposes. Such operation is authorized
9only for the extreme right side of the roadway except that left turns may be made
10from any part of the roadway which is safe given prevailing conditions.
AB694,24,1211 7. The roadway part of the highway is blocked off for a special off-highway
12motorcycle event as authorized under par. (b).
AB694,24,2013 (b) Off-highway motorcycle events. A local governmental unit may block off
14highways under its jurisdiction for the purpose of allowing special off-highway
15motorcycle events. No state trunk highway or connecting highway, or part thereof,
16may be blocked off by any local governmental unit for any off-highway motorcycle
17race or derby. A local governmental unit shall notify the local police department and
18the county sheriff's office at least one week in advance of the time and place of any
19off-highway motorcycle race or derby which may result in any street, or part thereof,
20of the local governmental unit being blocked off.
AB694,25,221 (c) Freeways. No person may operate a limited use off-highway motorcycle on
22any part of any freeway which is a part of the federal system of interstate and defense
23highways under any circumstances. No person may operate a limited use
24off-highway motorcycle on any part of any other freeway unless the department of

1transportation authorizes the use of limited use off-highway motorcycles on that
2freeway.
AB694,25,7 3(11) Operation adjacent to roadway. (a) Location of operation. 1. A person
4may operate an off-highway motorcycle adjacent to a roadway of a town highway
5that is designated as an off-highway motorcycle route or an off-highway motorcycle
6trail without any restriction on how close the limited use off-highway motorcycle is
7to the roadway.
AB694,25,128 2. A person may operate an off-highway motorcycle adjacent to a roadway of
9a U.S. numbered highway, a state highway, or a county highway that is designated
10an off-highway motorcycle route or an off-highway motorcycle trail provided that
11the operation occurs at a distance of 10 or more feet from the roadway. Travel on the
12median of a divided highway is prohibited except to cross.
AB694,25,1613 (b) Direction of operation. 1. Except as provided in subd. 2., a person may
14operate an off-highway motorcycle on an off-highway motorcycle route or
15off-highway motorcycle trail adjacent to a road only in the same direction as motor
16vehicle traffic in the nearest lane.
AB694,25,1817 2. A person may operate the off-highway motorcycle in either direction if any
18of the following applies:
AB694,25,1919 a. The off-highway motorcycle is being operated during hours of daylight.
AB694,25,2220 b. The off-highway motorcycle is being operated during hours of darkness and
21the off-highway motorcycle route or off-highway motorcycle trail is located at least
2240 feet from the roadway or is separated from the roadway by a head lamp barrier.
AB694,26,223 (c) Other limitation. A person operating an off-highway motorcycle on an
24off-highway motorcycle route adjacent to a roadway shall comply with the speed

1limits of the adjacent roadway and with rules promulgated by the department and
2approved by the department of transportation.
AB694,26,5 3(12) Intoxicated operation. (a) Operation. 1. No person may operate an
4off-highway motorcycle while under the influence of an intoxicant to a degree which
5renders him or her incapable of safe operation of the off-highway motorcycle.
AB694,26,76 2. No person may engage in the operation of an off-highway motorcycle while
7the person has an alcohol concentration of 0.08 or more.
AB694,26,108 3. If a person has not attained the age of 21, the person may not engage in the
9operation of an off-highway motorcycle while he or she has an alcohol concentration
10of more than 0.0 but not more than 0.08.
AB694,26,1811 4. A person may be charged with and a prosecutor may proceed upon a
12complaint based upon a violation of any combination of subd. 1. or 2. for acts arising
13out of the same incident or occurrence. If the person is charged with violating any
14combination of subd. 1. or 2., the offenses shall be joined. If the person is found guilty
15of any combination of subd. 1. or 2. for acts arising out of the same incident or
16occurrence, there shall be a single conviction for purposes of sentencing and for
17purposes of counting convictions under sub. (21) (c) 2. and 3. Subdivisions 1. and 2.
18each require proof of a fact for conviction which the others do not require.
AB694,26,2219 (b) Operation causing injury. 1. No person while under the influence of an
20intoxicant to a degree which renders him or her incapable of safe operation of an
21off-highway motorcycle may cause injury to another person by the operation of an
22off-highway motorcycle.
AB694,26,2423 2. No person who has an alcohol concentration of 0.08 or more may cause injury
24to another person by the operation of an off-highway motorcycle.
AB694,27,9
13. A person may be charged with and a prosecutor may proceed upon a
2complaint based upon a violation of any combination of subd. 1. or 2. for acts arising
3out of the same incident or occurrence. If the person is charged with violating any
4combination of subd. 1. or 2. in the complaint, the crimes shall be joined under s.
5971.12. If the person is found guilty of any combination of subd. 1. or 2. for acts
6arising out of the same incident or occurrence, there shall be a single conviction for
7purposes of sentencing and for purposes of counting convictions under sub. (21) (c)
82. and 3. Subdivisions 1. and 2. each require proof of a fact for conviction which the
9others do not require.
AB694,27,1310 4. In an action under this paragraph, the defendant has a defense if he or she
11proves by a preponderance of the evidence that the injury would have occurred even
12if he or she had been exercising due care and even if he or she did not have an alcohol
13concentration of 0.08 or more.
AB694,27,2114 (c) Implied consent. Any person who engages in the operation of an
15off-highway motorcycle upon the public highways of this state, or in those areas
16enumerated in par. (d), is considered to have given consent to provide one or more
17samples of his or her breath, blood, or urine for the purpose of authorized analysis
18as required under pars. (f) and (g). Any person who engages in the operation of an
19off-highway motorcycle within this state is considered to have given consent to
20submit to one or more chemical tests of his or her breath, blood, or urine for the
21purpose of authorized analysis as required under pars. (f) and (g).
AB694,27,2322 (d) Applicability of law. The intoxicated operation of an off-highway
23motorcycle law applies to all of the following:
AB694,27,2524 1. The operation of an off-highway motorcycle on any off-highway motorcycle
25corridor or any off-highway motorcycle route.
AB694,28,4
12. The operation of any off-highway motorcycle on other premises or areas
2located off the highways that are held out to the public for the recreational use of
3off-highway motorcycles whether such premises or areas are publicly or privately
4owned and whether or not a fee is charged for the use of an off-highway motorcycle.
AB694,28,65 3. The operation of a limited use off-highway motorcycle on a highway as
6authorized under sub. (10).
AB694,28,87 4. The operation of an off-highway motorcycle adjacent to a highway as
8authorized under sub. (11).
AB694,28,139 (e) Preliminary breath screening. 1. A person shall provide a sample of his or
10her breath for a preliminary breath screening test if a law enforcement officer has
11probable cause to believe that the person is violating or has violated the intoxicated
12operation of an off-highway motorcycle law and if, prior to an arrest, the law
13enforcement officer requested the person to provide this sample.
AB694,28,1914 2. A law enforcement officer may use the results of a preliminary breath
15screening test for the purpose of deciding whether or not to arrest a person for a
16violation of the intoxicated operation of an off-highway motorcycle law or for the
17purpose of deciding whether or not to request a chemical test under par. (f).
18Following the preliminary breath screening test, chemical tests may be required of
19the person under par. (f).
AB694,28,2320 3. The result of a preliminary breath screening test is not admissible in any
21action or proceeding except to show probable cause for an arrest, if the arrest is
22challenged, or to show that a chemical test was properly required of a person under
23par. (f).
AB694,28,2524 4. There is no penalty for a violation of subd. 1. Subsection (21) (a) and the
25general penalty provision under s. 939.61 do not apply to the violation.
AB694,29,8
1(f) Chemical tests; requirement. 1. A person shall provide one or more samples
2of his or her breath, blood, or urine for the purpose of authorized analysis if he or she
3is arrested for a violation of the intoxicated operation of an off-highway motorcycle
4law and if he or she is requested to provide the sample by a law enforcement officer.
5A person shall submit to one or more chemical tests of his or her breath, blood, or
6urine for the purpose of authorized analysis if he or she is arrested for a violation of
7the intoxicated operation of an off-highway motorcycle law and if he or she is
8requested to submit to the test by a law enforcement officer.
AB694,29,119 2. A law enforcement officer requesting a person to provide a sample or to
10submit to a chemical test under subd. 1. shall inform the person of all of the following
11at the time of the request and prior to obtaining the sample or administering the test:
AB694,29,1212 a. That he or she is deemed to have consented to tests under par. (c).
AB694,29,1513 b. That a refusal to provide a sample or to submit to a chemical test constitutes
14a violation under par. (h) and is subject to the same penalties and procedures as a
15violation of par. (a) 1.
AB694,29,1716 c. That in addition to the designated chemical test under par. (g) 2., he or she
17may have an additional chemical test under par. (g) 4.
AB694,29,2318 3. A person who is unconscious or otherwise not capable of withdrawing
19consent is presumed not to have withdrawn consent under this paragraph, and if a
20law enforcement officer has probable cause to believe that the person violated the
21intoxicated operation of an off-highway motorcycle law, one or more chemical tests
22may be administered to the person without a request under subd. 1. and without
23providing information under subd. 2.
AB694,30,324 (g) Chemical tests; procedures. 1. Upon the request of a law enforcement officer,
25a test facility shall administer a chemical test of breath, blood, or urine for the

1purpose of authorized analysis. A test facility shall be prepared to administer 2 out
2of 3 of these tests for the purpose of authorized analysis. The department may enter
3into agreements for the cooperative use of test facilities.
AB694,30,64 2. A test facility shall designate one chemical test of breath, blood, or urine
5which it is prepared to administer first as the primary test for the purpose of
6authorized analysis.
AB694,30,97 3. A test facility shall designate another chemical test of breath, blood, or urine,
8other than the test designated under subd. 2., which it is prepared to administer as
9an additional chemical test for the purpose of authorized analysis.
AB694,30,1710 4. If a person is arrested for a violation of the intoxicated operation of an
11off-highway motorcycle law or is the operator of an off-highway motorcycle involved
12in an accident resulting in great bodily harm to or the death of someone and if the
13person is requested to provide a sample or to submit to a test under par. (f) 1., the
14person may request the test facility to administer the additional chemical test
15specified under subd. 3.. or, at his or her own expense, reasonable opportunity to have
16any qualified person administer a chemical test of his or her breath, blood or urine
17for the purpose of authorized analysis.
AB694,31,218 5. If a person is arrested for a violation of the intoxicated operation of an
19off-highway motorcycle law and if the person is not requested to provide a sample
20or to submit to a test under par. (f) 1., the person may request the test facility to
21administer a chemical test of his or her breath or may request, at his or her own
22expense, a reasonable opportunity to have any qualified person administer a
23chemical test of his or her breath, blood, or urine for the purpose of authorized
24analysis. If a test facility is unable to perform a chemical test of breath, the person

1may request the test facility to administer the chemical test designated under par.
2(f) 2. or the additional chemical test designated under par. (f) 3.
AB694,31,43 6. A test facility shall comply with a request under this paragraph to
4administer any chemical test it is able to perform.
AB694,31,75 7. The failure or inability of a person to obtain a chemical test at his or her own
6expense does not preclude the admission of evidence of the results of a chemical test
7required and administered under par. (f) or (g).
AB694,31,188 8. A chemical test of blood or urine conducted for the purpose of authorized
9analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of
10the laboratory of hygiene, department of health services, and department of
11transportation under s. 343.305 (6) apply to a chemical test of blood or urine
12conducted for the purpose of authorized analysis under pars. (f) and (g). Blood may
13be withdrawn from a person arrested for a violation of the intoxicated operation of
14an off-highway motorcycle law only by a physician, registered nurse, medical
15technologist, physician assistant, or person acting under the direction of a physician,
16and the person who withdraws the blood, the employer of that person, and any
17hospital where blood is withdrawn have immunity from civil or criminal liability as
18provided under s. 895.53.
AB694,31,2519 9. A test facility which administers a chemical test of breath, blood, or urine
20for the purpose of authorized analysis under pars. (f) and (g) shall prepare a written
21report which shall include the findings of the chemical test, the identification of the
22law enforcement officer or the person who requested a chemical test, and the
23identification of the person who provided the sample or submitted to the chemical
24test. The test facility shall transmit a copy of the report to the law enforcement officer
25and the person who provided the sample or submitted to the chemical test.
AB694,32,8
1(h) Chemical tests; refusal. No person may refuse a lawful request to provide
2one or more samples of his or her breath, blood, or urine or to submit to one or more
3chemical tests under par. (f). A person shall not be considered to have refused to
4provide a sample or to submit to a chemical test if it is shown by a preponderance of
5the evidence that the refusal was due to a physical inability to provide the sample
6or to submit to the test due to a physical disability or disease unrelated to the use of
7an intoxicant. Issues in any action concerning violation of par. (f) or this paragraph
8are limited to the following:
AB694,32,119 1. Whether the law enforcement officer had probable cause to believe the
10person was violating or had violated the intoxicated operation of an off-highway
11motorcycle law.
AB694,32,1312 2. Whether the person was lawfully placed under arrest for violating the
13intoxicated operation of an off-highway motorcycle law.
AB694,32,1614 3. Whether the law enforcement officer requested the person to provide a
15sample or to submit to a chemical test and provided the information required under
16par. (f) 2. or whether the request and information was unnecessary under par. (f) 3.
AB694,32,1817 4. Whether the person refused to provide a sample or to submit to a chemical
18test.
AB694,33,219 (i) Chemical tests; effect of test results. The results of a chemical test required
20or administered under par. (f) or (g) are admissible in any civil or criminal action or
21proceeding arising out of the acts committed by a person alleged to have violated the
22intoxicated operation of an off-highway motorcycle law on the issue of whether the
23person was under the influence of an intoxicant or the issue of whether the person
24had alcohol concentrations at or above specified levels. Results of these chemical
25tests shall be given the effect required under s. 885.235. Paragraphs (f) to (h) do not

1limit the right of a law enforcement officer to obtain evidence by any other lawful
2means.
AB694,33,63 (j) Report of arrest to department. If a law enforcement officer arrests a person
4for a violation of the intoxicated operation of an off-highway motorcycle law or the
5refusal law, the law enforcement officer shall notify the department of the arrest as
6soon as practicable.
AB694,33,117 (k) Release of persons arrested. 1. A person arrested for a violation of the
8intoxicated operation of the off-highway motorcycle law may not be released until
912 hours have elapsed from the time of his or her arrest or unless a chemical test
10administered under par. (a) 1. or 2. shows that the person has an alcohol
11concentration of 0.05 or less, except as provided in subd 2.
AB694,33,1412 2. A person arrested for a violation of the intoxicated operation of the
13off-highway motorcycle law may be released to his or her attorney, spouse, relative,
14or other responsible adult at any time after arrest.
AB694,33,1615 (L) Public education program. 1. The department shall promulgate rules to
16provide for a public education program to:
AB694,33,1817 a. Inform off-highway motorcycle operators of the prohibitions and penalties
18included in the intoxicated operation of an off-highway motorcycle law.
AB694,33,2019 b. Provide for the development of signs briefly explaining the intoxicated
20operation of an off-highway motorcycle law.
AB694,33,2421 2. The department shall develop and issue an educational pamphlet on the
22intoxicated operation of an all-terrain vehicle or a utility terrain vehicle law to be
23distributed to persons issued off-highway motorcycle registration certificates under
24sub. (3).
AB694,34,6
1(13) Age restrictions; safety certificate requirements. (a) Under 12 years
2of age.
No person under 12 years of age may operate an off-highway motorcycle on
3a roadway under any circumstances and may not operate an off-highway motorcycle
4off a roadway unless he or she is operating a small off-highway motorcycle and he
5or she is accompanied by a parent or guardian or by a person who is at least 18 years
6of age who has been designated by the parent or guardian.
AB694,34,107 (b) At least 12 years of age. No person who is at least 12 years of age and born
8after January 1, 1998, may operate an off-highway motorcycle off the highways
9unless the person holds a valid certificate issued by the department under sub. (14)
10or by another state or a province of Canada.
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