SB395: Bill Text

SB395,14,15 (d) Fees for certificates and decals. 1. The fee for the issuance or renewal of a registration certificate for public use and the accompanying decal is $30. The department shall impose an additional late fee of $5 for the renewal of a registration certificate under this subdivision that is filed after the expiration date of the registration certificate unless the renewal is included with an application for transfer of the registration certificate.

SB395,14,17 2. The fee for the issuance or renewal of a registration certificate for private use and the accompanying decal is $15.

SB395,14,18 3. The fee for transferring a certificate under sub. (3) (e) is $5.

SB395,14,23 (e) Duplicate certificates and decals. 1. If a registration certificate issued under sub. (3) or accompanying decal is lost or destroyed, the holder of the certificate or decal may apply for a duplicate on a form provided by the department. Upon receipt of the application and the fee required under subd. 2., the department shall issue a duplicate certificate or decal to the applicant.

SB395,14,25 2. The fee for the issuance of a duplicate certificate for public or private use is $5, and the fee for a duplicate decal is $5.

SB395,15,3 (f) Registration issuers. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may do any of the following:

SB395,15,5 1. Directly issue, transfer, or renew the registration documentation with or without using the service specified in par. (g) 1.

SB395,15,8 2. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documentation using either or both of the services specified in par. (g) 1.

SB395,15,12 (g) Methods of issuance. 1. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following procedures to be provided by the department and any agents appointed under par. (f) 2.:

SB395,15,16 a. A procedure under which the department or an agent appointed under par. (f) 2. accepts applications for registration documentation and issues a validated registration receipt at the time the applicant submits the application accompanied by the required fees.

SB395,15,20 b. A procedure under which the department or an agent appointed under par. (f) 2. may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.

SB395,16,2 2. Under either procedure under subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection. The items of registration documentation issued under subd. 1. b. shall include a registration decal.

SB395,16,8 (h) Issuing service fees. 1. In addition to any applicable fee under par. (d) 1., 2., or 3. or (e) 2., an agent appointed under par. (f) 2. who accepts an application to issue, renew, or transfer registration documentation in person and issues a validated registration receipt under par. (g) 1. a. shall collect a service fee of $3 each time the agent issues the receipt. The agent shall retain the entire amount of each service fee the agent collects.

SB395,16,12 2. In addition to any applicable fee under par. (d) 1., 2., or 3. or (e) 2., the department or the agent appointed under par. (f) 2. shall collect a service fee of $5 each time the service under par. (g) 1. b. is provided. The agent shall remit to the department $1 of each service fee the agent collects.

SB395,16,14 (i) Junked motorcycles. If an off-highway motorcycle is junked, the owner shall return the certificate of registration to the department marked "junked."

SB395,16,20 (5) Registration of off-highway motorcycle dealers. (a) A person who is an off-highway motorcycle dealer shall register with the department and obtain from the department a commercial off-highway motorcycle certificate. Upon receipt of the required fee under par. (e) and an application form provided by the department, the department shall issue the applicant a commercial off-highway motorcycle certificate and 3 accompanying decals.

SB395,16,21 (b) A commercial off-highway motorcycle certificate is valid for 2 years.

SB395,17,2 (c) A person who is required to obtain a commercial off-highway motorcycle certificate under par. (a) shall attach in a clearly visible place a plate or sign that is removable and temporarily but firmly mounted to any off-highway motorcycle that the person offers for sale or otherwise allows to be used whenever the off-highway motorcycle is being operated. A decal issued by the department under par. (a) shall be affixed to the plate or sign.

SB395,17,6 (d) If a certificate or decal that was issued under par. (a) is lost or destroyed, the holder of the certificate or decal may apply for a duplicate on a form provided by the department. Upon receipt of the application and the required fee under par. (e), the department shall issue a duplicate certificate or decal to the applicant.

SB395,17,10 (e) The fee for the issuance or renewal of a commercial off-highway motorcycle certificate with 3 accompanying decals is $90. The fee for additional decals is $30 for each decal. The fee for the issuance of a duplicate commercial off-highway motorcycle certificate is $5. The fee for each duplicate decal is $2.

SB395,17,11 (f) A commercial off-highway motorcycle certificate may not be transferred.

SB395,17,16 (6) Nonresident trail passes. (a) Except as provided in par. (b), no person may operate an off-highway motorcycle on an off-highway motorcycle corridor unless a nonresident trail pass for off-highway motorcycle operation is issued by the department to the person and the pass is permanently affixed on the exterior of the motorcycle where it is clearly visible.

SB395,17,25 (b) An off-highway motorcycle that is registered under sub. (3) or that is exempt from registration under sub. (2) (b) 2., 3., or 4. is exempt from having a nonresident trail pass. The department may promulgate a rule to provide additional exemptions from the requirement of being issued a nonresident trail pass or from having to pay a fee for the pass. The department may promulgate a rule to exempt off-highway motorcycles that are exempt from registration under sub. (2) (b) 5. from having nonresident trail passes affixed as required under par. (a) or may promulgate a rule to exempt owners of such vehicles from having to pay any applicable nonresident trail pass fee.

SB395,18,6 (c) There is no fee for a nonresident trail pass issued for an off-highway motorcycle that is registered under s. 23.35. The department or Indian tribe or band shall issue a nonresident trail pass for such an off-highway motorcycle when it issues the registration certificate for the motorcycle. The department shall provide Indian tribes or bands that register off-highway motorcycles under s. 23.35 with a supply of trail passes.

SB395,18,8 (d) The fee for an annual nonresident trail pass is $34.25. The fee for a 5-day nonresident trail pass is $19.25. Annual trail passes expire on March 31 of each year.

SB395,18,11 (e) 1. The department may appoint any person who is not an employee of the department as the department's agent to issue nonresident trail passes and collect the fees for these passes.

SB395,18,15 2. Any person, including the department, who issues a nonresident trail pass shall collect in addition to the fee under par. (d) an issuing fee of 75 cents. An agent appointed under subd. 1. may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the pass.

SB395,18,18 3. The department shall establish, by rule, procedures for issuing nonresident trail passes, and the department may promulgate rules regulating the activities of persons who are appointed to be agents under this paragraph.

SB395,18,21 (f) A person may operate an off-highway motorcycle off the highways in this state during the first full weekend in June of each year without having a nonresident trail pass as required under par. (a).

SB395,18,24 (7) Rental of limited use off-highway motorcycles. (a) No person who is engaged in the rental or leasing of limited use off-highway motorcycles to the public may do any of the following:

SB395,19,4 1. Rent or lease a limited use off-highway motorcycle for operation by a person who will be operating the limited use off-highway motorcycle for the first time unless the person engaged in the rental or leasing gives the person instruction on how to operate the limited use off-highway motorcycle.

SB395,19,6 2. Rent or lease a limited use off-highway motorcycle to a person under 12 years of age.

SB395,19,9 3. Rent or lease a limited use off-highway motorcycle without first ascertaining that any person under the age of 18 who will be on the vehicle has protective headgear of the type required under s. 347.485 (1) (a).

SB395,19,13 (b) A person who is engaged in the rental or leasing of limited use off-highway motorcycles 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 the limited use off-highway motorcycles that the person rents or leases.

SB395,19,15 (c) The department may promulgate rules to establish minimum standards for the instruction given under par. (a) 1.

SB395,19,20 (8) Use of protective headgear. (a) Off highway. No person may operate an off-highway motorcycle on an off-highway motorcycle corridor, or be a passenger on an off-highway motorcycle that is being operated on an off-highway motorcycle corridor, without wearing protective headgear of the type required under s. 347.485 (1) (a), with the chin strap properly fastened, unless one of the following applies:

SB395,19,21 1. The person is at least 18 years of age.

SB395,19,23 2. The person is traveling for the purpose of hunting or fishing and is at least 12 years of age.

SB395,19,24 3. The off-highway motorcycle is being operated for an agricultural purpose.

SB395,20,6 (b) On highway. No person may operate a limited use off-highway motorcycle on an off-highway motorcycle route or in an area where operation is authorized under sub. (10) (a) or (11) (a), or be a passenger on an off-highway motorcycle that is being operated on such a route or in such an area, without wearing protective headgear of the type required under s. 347.485 (1) (a), with the chin strap properly fastened, unless the person is at least 18 years of age.

SB395,20,11 (c) On corridors and routes. No person may operate or be a passenger on an off-highway motorcycle that is being operated on an off-highway motorcycle corridor or on an off-highway motorcycle route without wearing glasses, wearing goggles, or wearing a protective face shield that is attached to headgear approved by the department.

SB395,20,13 (9) Rules of operation. (a) No person who is operating an off-highway motorcycle off a highway may do any of the following:

SB395,20,15 1. Operate the off-highway motorcycle in any careless way so as to endanger another person or the property of another.

SB395,20,17 2. Operate the off-highway motorcycle at a rate of speed that is unreasonable under the circumstances.

SB395,20,20 3. Operate the off-highway motorcycle on private property without the consent of the owner or lessee. Failure to post private property does not imply consent for off-highway motorcycle use.

SB395,20,23 4. Operate the off-highway motorcycle on public property that is posted as closed to off-highway motorcycle operation or on which the operation of an off-highway motorcycle is prohibited by law.

SB395,21,3 5. Operate the off-highway motorcycle on Indian lands without the consent of the tribal governing body or Indian owner. Failure to post Indian lands does not imply consent for off-highway motorcycle use.

SB395,21,5 6. Operate the off-highway motorcycle at a speed exceeding 10 miles per hour, if the off-highway motorcycle is within 100 feet of a fishing shanty.

SB395,21,9 7. Operate the off-highway motorcycle at a speed exceeding 10 miles per hour, if the off-highway motorcycle is within 150 feet of a dwelling. The speed limit specified in this subsection does not apply to a person operating an off-highway motorcycle on a roadway that is designated as an off-highway motorcycle route.

SB395,21,14 8. Operate the off-highway motorcycle on the frozen surface of public waters or on an off-highway motorcycle trail at a speed exceeding 10 miles per hour or without yielding the right-of-way when within 100 feet of another person who is not operating a motor vehicle, an all-terrain vehicle, a utility terrain vehicle, an off-highway motorcycle, or a snowmobile.

SB395,21,16 9. Operate the off-highway motorcycle to drive or pursue any animal except as part of normal farming operations involving livestock.

SB395,21,20 10. Operate the off-highway motorcycle in a manner which violates rules promulgated by the department. This subdivision does not authorize the department to promulgate or enforce a rule that imposes a speed restriction that is more stringent than a speed restriction specified under this paragraph.

SB395,21,25 (b) The speed restrictions under par. (a) 6. and 8. do not apply to a race or derby sponsored by a local governmental unit, by an off-highway motorcycle association, or by a similar organization that is approved by a local governmental unit if the sponsor of the race or derby marks the race or derby route or track to warn spectators from entering the route or track.

SB395,22,4 (c) 1. The distance restriction under par. (a) 8. does not apply to persons who are assisting in directing a race or derby sponsored by a local governmental unit, by an off-highway motorcycle association, or by a similar organization that is approved by a local governmental unit.

SB395,22,8 2. The distance restriction under par. (a) 8. does not apply if the person who is not operating the motor vehicle, all-terrain vehicle, utility terrain vehicle, off-highway motorcycle, or snowmobile gives his or her consent to have the person operating the off-highway motorcycle at a closer distance.

SB395,22,11 (10) Operation on highways; limited use motorcycles. (a) Generally. No person may operate a limited use off-highway motorcycle on the roadway portion of any highway unless one of the following applies:

SB395,22,18 1. Operation on the roadway is necessary to cross the 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 limited use off-highway motorcycle prior to entering the crossing and yields the right-of-way to any other vehicles, pedestrians, or electric personal assistive mobility devices that are using the roadway.

SB395,23,2 2. Operation on the roadway is necessary 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 off-highway motorcycle 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 limited use off-highway motorcycle prior to entering the crossing and yields the right-of-way to any other vehicles, pedestrians, or electric personal assistive mobility devices that are using the roadway.

SB395,23,6 2m. Operation is on the roadway or shoulder for the purpose of crossing a bridge that is 1,000 feet in length or less if the operation is in compliance with a county ordinance adopted under sub. (21) (am) that applies to that bridge and a city, village, or town ordinance adopted under sub. (21) (am) that applies to that bridge.

SB395,23,10 3. Operation is on a roadway which is not maintained, or is only minimally maintained, on a seasonal basis for motor vehicle traffic. Such operation is authorized only during the seasons when no maintenance occurs and only if the roadway is not officially closed to off-highway motorcycle traffic.

SB395,23,14 4. Operation is on a roadway that is an off-highway motorcycle route. Such operation 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.

SB395,23,17 5. The operator of the limited use off-highway motorcycle 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 purpose of hunting or is otherwise engaging in an activity authorized by the permit.

SB395,23,22 6. The limited use off-highway motorcycle is registered for private use under sub. (3) and is being used exclusively as an implement of husbandry or for agricultural purposes. Such operation 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.

SB395,23,24 7. The roadway part of the highway is blocked off for a special off-highway motorcycle event as authorized under par. (b).

SB395,24,8 (b) Off-highway motorcycle events. A local governmental unit may block off highways under its jurisdiction for the purpose of allowing special off-highway motorcycle events. No state trunk highway or connecting highway, or part thereof, may be blocked off by any local governmental unit for any off-highway motorcycle event. A local governmental unit 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 off-highway motorcycle event that may result in any street, or part thereof, of the local governmental unit being blocked off.

SB395,24,14 (c) Freeways. No person may operate a limited use off-highway motorcycle on any part of any freeway which is a part of the federal system of interstate and defense highways under any circumstances. No person may operate a limited use off-highway motorcycle on any part of any other freeway unless the department of transportation authorizes the use of limited use off-highway motorcycles on that freeway.

SB395,24,19 (11) Operation adjacent to roadway. (a) Location of operation. 1. A person may operate an off-highway motorcycle adjacent to a roadway of a town highway that is designated as an off-highway motorcycle route or an off-highway motorcycle trail without any restriction on how close the off-highway motorcycle is to the roadway.

SB395,24,25 2. A person may operate an off-highway motorcycle adjacent to a roadway of a U.S. numbered highway, a state highway, or a county highway that is designated an off-highway motorcycle route or an off-highway motorcycle trail provided that the operation occurs at a distance of 10 or more feet from the roadway or such greater distance as is reasonably necessary in order to avoid an obstruction. Travel on the median of a divided highway is prohibited except to cross.

SB395,25,4 (b) Direction of operation. 1. Except as provided in subd. 2., a person may operate an off-highway motorcycle on an off-highway motorcycle route or off-highway motorcycle trail adjacent to a roadway only in the same direction as motor vehicle traffic in the nearest lane.

SB395,25,6 2. A person may operate the off-highway motorcycle in either direction if any of the following applies:

SB395,25,7 a. The off-highway motorcycle is being operated during hours of daylight.

SB395,25,10 b. The off-highway motorcycle is being operated during hours of darkness and the off-highway motorcycle route or off-highway motorcycle trail is located at least 40 feet from the roadway or is separated from the roadway by a head lamp barrier.

SB395,25,14 (c) Other limitation. A person operating an off-highway motorcycle on an off-highway motorcycle route or off-highway motorcycle trail adjacent to a roadway shall comply with the speed limits of the adjacent roadway and with rules promulgated by the department and approved by the department of transportation.

SB395,25,17 (12) Intoxicated operation. (a) Operation. 1. No person may operate an off-highway motorcycle while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of the off-highway motorcycle.

SB395,25,19 2. No person may engage in the operation of an off-highway motorcycle while the person has an alcohol concentration of 0.08 or more.

SB395,25,22 2m. No person may engage in the operation of an off-highway motorcycle while the person has a detectable amount of a restricted controlled substance in his or her blood.

SB395,25,25 3. If a person has not attained the age of 21, the person may not engage in the operation of an off-highway motorcycle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.

SB395,26,9 4. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the person is found guilty of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under sub. (23) (c) 2. and 3. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which the others do not require.

SB395,26,16 5. In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB395,26,20 (b) Operation causing injury. 1. No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an off-highway motorcycle may cause injury to another person by the operation of an off-highway motorcycle.

SB395,26,22 2. No person who has an alcohol concentration of 0.08 or more may cause injury to another person by the operation of an off-highway motorcycle.

SB395,26,25 2m. 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 off-highway motorcycle.

SB395,27,9 3. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 2m. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under sub. (23) (c) 2. and 3. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which the others do not require.

SB395,27,15 4. In an action under this paragraph, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and even if he or she had not been under the influence of an intoxicant to a degree which rendered him or her incapable of safe operation, did not have an alcohol concentration of 0.08 or more, or did not have a detectable amount of a restricted controlled substance in his or her blood.

SB395,27,22 5. In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB395,28,5 (c) Implied consent. Any person who engages in the operation of an off-highway motorcycle upon the public highways of this state, or in those areas enumerated in par. (d), is considered to have given consent to provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis as required under pars. (f) and (g). Any person who engages in the operation of an off-highway motorcycle within this state is considered to have given consent to submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis as required under pars. (f) and (g).

SB395,28,7 (d) Applicability of law. The intoxicated operation of an off-highway motorcycle law applies to all of the following:

SB395,28,9 1. The operation of an off-highway motorcycle on any off-highway motorcycle corridor or any off-highway motorcycle route.

SB395,28,13 2. The operation of any off-highway motorcycle on other premises or areas located off the highways that are held out to the public for the recreational use of off-highway motorcycles whether such premises or areas are publicly or privately owned and whether or not a fee is charged for the use of an off-highway motorcycle.