AB191: Bill Text

LRB-2014/1

EVM:kjf

2017 - 2018 LEGISLATURE

2017 Assembly BILL 191

March 29, 2017 - Introduced by Representatives Kuglitsch, Steffen, Jagler, Krug, Kulp, Murphy, Quinn, Ripp, Sanfelippo, Thiesfeldt, Tusler and Skowronski, cosponsored by Senators Kapenga, Risser, Testin and Darling. Referred to Committee on Science and Technology.

AB191,1,11 An Act to amend 194.01 (7), 340.01 (74), 344.01 (2) (g), subchapter IV (title) of chapter 346 [precedes 346.23], 346.23 (1), 346.23 (2), 346.24 (1), 346.24 (2), 346.24 (3), 346.28 (title), 346.28 (2), 346.30 (1) (a), 346.37 (1) (a) 2., 346.37 (1) (c) 2., 346.37 (1) (c) 3., 346.37 (1) (c) 4., 346.37 (1) (d) 1., 346.37 (1) (d) 2., 346.37 (1) (e) 1., 346.37 (1) (e) 2., 346.38 (1), 346.38 (2), 346.43 (1) (a), 346.47 (1), subchapter XII (title) of chapter 346 [precedes 346.77], 346.80 (5), 346.82 (title), 346.82 (1), 346.95 (6), 347.245 (1), 347.489 (title), 347.489 (1), 349.236 (title), 349.236 (1) (b), 349.236 (1) (c) and 349.236 (2); and to create 340.01 (43fg), 340.01 (43fs), 341.0585, 346.807, 346.94 (18m), 347.02 (1) (k), 347.489 (1m) and 347.489 (4) of the statutes; relating to: personal delivery devices and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill authorizes the operation of personal delivery devices (PDDs) on sidewalks and crosswalks.

Under this bill, a PDD is defined as an electronically powered device that 1) is intended primarily to transport property on sidewalks and crosswalks; 2) weighs less than 80 pounds, excluding cargo; 3) is capable of a maximum speed of 10 miles per hour or less; and 4) is capable of operating with and without active control or monitoring by an individual. A PDD operator is defined as an entity or its agent that exercises control over, or that monitors, the navigation system and operation of the PDD.

This bill authorizes the operation of a PDD on any sidewalk or crosswalk, unless the authority with jurisdiction of the sidewalk or crosswalk prohibits such operation. In general, PDD operators must ensure that a PDD operates in compliance with rules of the road regulating the conduct of pedestrians. In addition, PDD operators must ensure that all of the following are satisfied when operating a PDD on a sidewalk or crosswalk:

1. A PDD operator must control or monitor the navigation and operation of the PDD.

2. A PDD may not go on a roadway except while crossing at a crosswalk.

3. A PDD must be operated with due care.

4. A PDD must comply with each traffic signal and sign.

5. The speed of a PDD may not exceed 10 miles per hour.

This bill also provides that a PDD must be equipped with a braking system, a plate or marker that is in a position to be clearly visible and that identifies the name and contact information of the PDD operator, and, if operated during hours of darkness, a white light visible from the front and a red reflector visible from the rear.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB191,1 Section 1. 194.01 (7) of the statutes is amended to read:

AB191,2,5 194.01 (7) “Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus, or any self-propelled or motor driven vehicle, except a motorcycle, moped, motor bicycle, electric personal assistive mobility device, personal delivery device, or vehicle operated on rails.

AB191,2 Section 2. 340.01 (43fg) of the statutes is created to read:

AB191,2,8 340.01 (43fg) “Personal delivery device” means an electronically powered device that satisfies all of the following:

AB191,2,10 (a) The device is intended primarily to transport property on sidewalks and crosswalks.

AB191,3,1 (b) The device has an empty weight of less than 80 pounds, excluding cargo.

AB191,3,2 (c) The device is capable of a maximum speed of 10 miles per hour or less.

AB191,3,4 (d) The device is capable of operating with and without the active control or monitoring by an individual.

AB191,3 Section 3. 340.01 (43fs) of the statutes is created to read:

AB191,3,11 340.01 (43fs) “Personal delivery device operator” means an entity or its agent that exercises control over, or that monitors, the navigation system and operation of a personal delivery device. “Personal delivery device operator" does not include an entity or person that requests the services of a personal delivery device to transport property or that only arranges for and dispatches the requested services of a personal delivery device.

AB191,4 Section 4. 340.01 (74) of the statutes is amended to read:

AB191,3,17 340.01 (74) “Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile, an all-terrain vehicle, a personal delivery device, and an electric personal assistive mobility device shall not be considered a vehicle except for purposes made specifically applicable by statute.

AB191,5 Section 5. 341.0585 of the statutes is created to read:

AB191,3,20 341.0585 Personal delivery devices. Personal delivery devices, even though operated upon a highway of this state, are exempt from registration.

AB191,6 Section 6. 344.01 (2) (g) of the statutes is amended to read:

AB191,3,25 344.01 (2) (g) “Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except vehicles used exclusively upon stationary rails or tracks and except electric personal assistive mobility devices and personal delivery devices.

AB191,7 Section 7. Subchapter IV (title) of chapter 346 [precedes 346.23] of the statutes is amended to read:

AB191,4,3 CHAPTER 346

AB191,4,4 subchapter IV

AB191,4,9 RESPECTIVE RIGHTS AND DUTIES OF DRIVERS, PEDESTRIANS, BICYCLISTS, AND RIDERS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES and other highway users

AB191,8 Section 8. 346.23 (1) of the statutes is amended to read:

AB191,5,2 346.23 (1) At an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian or personal delivery device, or to a person who is riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who that has started to cross the highway on a green signal or a pedestrian signal authorizing crossing and in all other cases pedestrians, bicyclists, and riders of electric personal assistive mobility devices shall yield, and personal delivery device operators shall ensure that personal delivery devices yield, the right-of-way to vehicles lawfully proceeding directly ahead on a green signal. No operator of a vehicle proceeding ahead on a green signal may begin a turn at a controlled intersection or crosswalk when a pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device crossing in the crosswalk on a green signal or a pedestrian signal authorizing crossing would be endangered or interfered with in any way. The rules stated in this subsection are modified at intersections or crosswalks on divided highways or highways provided with safety zones in the manner and to the extent stated in sub. (2).

AB191,9 Section 9. 346.23 (2) of the statutes is amended to read:

AB191,5,11 346.23 (2) At intersections or crosswalks on divided highways or highways provided with safety zones where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device who that has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or a safety zone with the green signal or a pedestrian signal authorizing crossing in the favor of the pedestrian , personal delivery device, bicyclist, or rider of an electric personal assistive mobility device.

AB191,10 Section 10. 346.24 (1) of the statutes is amended to read:

AB191,5,18 346.24 (1) At an intersection or crosswalk where traffic is not controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian or personal delivery device, or to a person riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who that is crossing the highway within a marked or unmarked crosswalk.

AB191,11 Section 11. 346.24 (2) of the statutes is amended to read:

AB191,5,24 346.24 (2) No pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device shall may suddenly leave, and no personal delivery device operator may allow a personal delivery device to suddenly leave, a curb or other place of safety and walk, run, or ride into the path of a vehicle which is so close that it is difficult for the operator of the vehicle to yield.

AB191,12 Section 12. 346.24 (3) of the statutes is amended to read:

AB191,6,5 346.24 (3) Whenever any vehicle is stopped at an intersection or crosswalk to permit a pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device to cross the roadway, the operator of any other vehicle approaching from the rear shall may not overtake and pass the stopped vehicle.

AB191,13 Section 13. 346.28 (title) of the statutes is amended to read:

AB191,6,9 346.28 (title) Pedestrians to walk on left side of highway; pedestrians, bicyclists, and riders of electric personal assistive mobility devices drivers to yield on sidewalks.

AB191,14 Section 14. 346.28 (2) of the statutes is amended to read:

AB191,6,13 346.28 (2) Operators of vehicles shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric personal assistive mobility devices on sidewalks as required by s. 346.47.

AB191,15 Section 15 . 346.30 (1) (a) of the statutes is amended to read:

AB191,6,19 346.30 (1) (a) Any pedestrian violating s. 346.23, 346.24 (2), 346.25, 346.28 or 346.29 and any personal delivery device operator violating s. 346.23 or 346.24 (2) may be required to forfeit not less than $2 nor more than $20 for the first offense and not less than $10 nor more than $50 for the 2nd or subsequent conviction within a year.

AB191,16 Section 16. 346.37 (1) (a) 2. of the statutes is amended to read:

AB191,6,25 346.37 (1) (a) 2. Pedestrians, and persons who are riding bicycles or electric personal assistive mobility devices in a manner which is consistent with the safe use of the crosswalk by pedestrians, facing the signal may proceed, and personal delivery device operators may allow personal delivery devices to proceed, across the roadway within any marked or unmarked crosswalk.

AB191,17 Section 17. 346.37 (1) (c) 2. of the statutes is amended to read:

AB191,7,6 346.37 (1) (c) 2. No pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall enter, and no personal delivery device operator may allow a personal delivery device facing such signal to enter, the roadway unless he or she can do so safely and without interfering with any vehicular traffic.

AB191,18 Section 18. 346.37 (1) (c) 3. of the statutes is amended to read:

AB191,7,22 346.37 (1) (c) 3. Vehicular traffic facing a red signal at an intersection may, after stopping as required under subd. 1., cautiously enter the intersection to make a right turn into the nearest lawfully available lane for traffic moving to the right or to turn left from a one-way highway into the nearest lawfully available lane of a one-way highway on which vehicular traffic travels to the left. Vehicular traffic in the leftmost right-turn lane of a roadway that provides 2 right-turn lanes may make a right turn on a red signal into a lawfully available lane that is 2nd to the rightmost lane for traffic moving to the right. Except for a vehicle turning right from the leftmost right-turn lane of a roadway that provides 2 right-turn lanes, no turn may be made on a red signal if lanes of moving traffic are crossed. No turn may be made on a red signal if a sign at the intersection prohibits the turn on a red signal. In making a turn on a red signal vehicular traffic shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk, to operators of vehicles making a lawful U-turn, and to other traffic lawfully using the intersection.

AB191,19 Section 19. 346.37 (1) (c) 4. of the statutes is amended to read:

AB191,8,10 346.37 (1) (c) 4. Notwithstanding subd. 1., a motorcycle, moped, motor bicycle, or bicycle facing a red signal at an intersection may, after stopping as required under subd. 1. for not less than 45 seconds, proceed cautiously through the intersection before the signal turns green if no other vehicles are present at the intersection to actuate the signal and the operator of the motorcycle, moped, motor bicycle, or bicycle reasonably believes the signal is vehicle actuated. The operator of a motorcycle, moped, motor bicycle, or bicycle proceeding through a red signal under this subdivision shall yield the right-of-way to any vehicular traffic, pedestrian, personal delivery device, bicyclist, or rider of an electric personal assistive mobility device proceeding through a green signal at the intersection or lawfully within a crosswalk or using the intersection. This subdivision does not affect any authorization for a bicyclist under subd. 2.

AB191,20 Section 20. 346.37 (1) (d) 1. of the statutes is amended to read: