23.33(2)(d)
(d)
Registration; private use; fee. An all-terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance or renewal of a registration certificate for private use is $6.
23.33(2)(dm)1.1. Every person who is an all-terrain vehicle manufacturer, all-terrain vehicle dealer, all-terrain vehicle distributor or all-terrain vehicle renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial all-terrain vehicle certificate.
23.33(2)(dm)2.
2. The fee for the issuance or renewal of a commercial all-terrain vehicle certificate is $36. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial all-terrain vehicle certificate and 3 reflectorized plates. The fee for additional reflectorized plates is $12 per plate.
23.33(2)(dm)3.
3. A person who is required to obtain a commercial all-terrain vehicle certificate under
subd. 1. shall attach in a clearly visible place a reflectorized plate to any all-terrain vehicle that the person leases, rents, offers for sale or otherwise allows to be used whenever the all-terrain vehicle is being operated.
23.33(2)(e)
(e)
Other fees. The fee for the transfer of an all-terrain vehicle registration certificate is $2. The fee for the issuance of a duplicate all-terrain vehicle registration certificate, duplicate commercial all-terrain vehicle certificate or duplicate registration decals is $2. The fee for the issuance of registration decals to a county or municipality is $2. There is no fee for the issuance of registration decals to the state.
23.33(2)(f)1.1. Except as provided under
subd. 2., an all-terrain vehicle public-use registration certificate is valid for a 2-year period.
23.33(2)(f)2.
2. The department may specify by rule an annual expiration date for all-terrain vehicle registrations and may reduce the effective period of a registration so it expires on that date.
23.33(2)(g)
(g) Effective period; private use. An all-terrain vehicle private-use registration certificate is valid from the date of issuance until ownership of the all-terrain vehicle is transferred.
23.33(2)(gm)1.1. Except as provided under
subd. 2., a commercial all-terrain vehicle certificate is valid for a 2-year period.
23.33(2)(gm)2.
2. The department may specify by rule an annual expiration date for commercial all-terrain vehicle certificates and may reduce the effective period of a commercial all-terrain vehicle certificate so it expires on that date.
23.33(2)(h)
(h)
Procedures; requirements. The department shall establish by rule procedures and requirements for all-terrain vehicle registration.
23.33(2m)
(2m) Rental of all-terrain vehicles. 23.33(2m)(a)(a) No person who is engaged in the rental or leasing of all-terrain vehicles to the public may do any of the following:
23.33(2m)(a)1.
1. Rent or lease an all-terrain vehicle for operation by a person who will be operating an all-terrain 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 vehicle.
23.33(2m)(a)2.
2. Rent or lease an all-terrain vehicle to a person under 16 years of age.
23.33(2m)(a)3.
3. Rent or lease an all-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).
23.33(2m)(b)
(b) A person who is engaged in the rental or leasing of all-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 that the person rents or leases.
23.33(2m)(c)
(c) The department may promulgate rules to establish minimum standards for the instruction given under
par. (a) 1.
23.33(3)
(3) Rules of operation. No person may operate an all-terrain vehicle:
23.33(3)(a)
(a) In any careless way so as to endanger the person or property of another.
23.33(3)(c)
(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 use.
23.33(3)(d)
(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 use.
23.33(3)(e)
(e) With any firearm in his or her possession unless it is unloaded and enclosed in a carrying case, or any bow unless it is unstrung or enclosed in a carrying case.
23.33(3)(f)
(f) To drive or pursue any animal except as a part of normal farming operations involving the driving of livestock.
23.33(3)(g)
(g) When within 150 feet of a dwelling at a speed exceeding 10 miles per hour.
23.33(3)(h)
(h) On the frozen surface of public waters within 100 feet of a person not in or on an all-terrain vehicle or motor vehicle or within 100 feet of a fishing shanty at a speed exceeding 10 miles per hour.
23.33(3)(i)
(i) In a manner which violates rules promulgated by the department.
23.33(3g)
(3g) Use of headgear. No person may operate or be a passenger on an all-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:
23.33(3g)(b)
(b) The person is traveling for the purposes of hunting or fishing and is at least 12 years of age.
23.33(3g)(c)
(c) The all-terrain vehicle is being operated for an agricultural purpose.
23.33(3g)(d)
(d) The all-terrain vehicle is being operated by a person on land under the management and control of the person's immediate family.
23.33(4)
(4) Operation on or near highways. 23.33(4)(a)(a)
Freeways. No person may operate an all-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 upon any part of any other freeway unless the department of transportation authorizes all-terrain vehicle use on that freeway.
23.33(4)(b)
(b)
Other highways; operation restricted. No person may operate an all-terrain vehicle on a highway except as authorized under
pars. (d) and
(e) or as authorized by rules promulgated by the department and approved by the department of transportation.
23.33(4)(c)
(c)
Exceptions; municipal, state and utility operations; races and derbies. 23.33(4)(c)1.1. Paragraphs (a) and
(b) do not apply to the operator of an all-terrain vehicle owned by a municipality, state agency or public utility while the operator is engaged in an emergency or in the operation of an all-terrain vehicle directly related to the functions of the municipality, state agency or public utility if safety does not require strict adherence to these restrictions.
23.33(4)(c)2.
2. Paragraph (b) does not apply to a highway blocked off for special all-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 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 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 race or derby which may result in any street, or part thereof, of the county, town, city or village being blocked off.
23.33(4)(d)
(d)
Operation on roadway. A person may operate an all-terrain vehicle on the roadway portion of any highway only in the following situations:
23.33(4)(d)1.
1. To cross a roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practical, 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 and yields the right-of-way to other vehicles and pedestrians using the roadway.
23.33(4)(d)2.
2. On any roadway which is seasonally not maintained for motor vehicle traffic. Operation of an all-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 traffic.
23.33(4)(d)3.
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 traffic. The crossing is authorized only if the crossing is done in the most direct manner practical, 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 and yields the right-of-way to other vehicles and pedestrians using the roadway.
23.33(4)(d)4.
4. On roadways which are designated as all-terrain vehicle routes. Operation of all-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.
23.33(4)(d)5.
5. On roadways if the all-terrain vehicle is an implement of husbandry, if the all-terrain vehicle is used exclusively for agricultural purposes and if the all-terrain vehicle is registered for private use under
sub. (2) (d). Operation of an all-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.
23.33(4)(d)6.
6. On roadways if the operator of the all-terrain vehicle is a person who holds a Class A permit or a Class B permit under
s. 29.09 (9) and who is traveling for the purposes of hunting or is otherwise engaging in an activity authorized by the permit.
23.33(4)(d)7.
7. On roadways of highways that are all-terrain vehicle trails.
23.33(4)(e)
(e)
Operation adjacent to roadway. A person may operate an all-terrain vehicle adjacent to a roadway on an all-terrain vehicle route or trail if the person operates the all-terrain vehicle in the following manner:
23.33(4)(e)1.
1. At a distance of 10 or more feet from the roadway along U.S. numbered highways and state and county highways. Travel on the median of a divided highway is prohibited except to cross.
23.33(4)(e)3.
3. 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.
23.33(4)(e)4.
4. Not in excess of the speed limits of the adjacent roadway.
23.33(4)(e)5.
5. With due regard to safety and in compliance with rules promulgated by the department and approved by the department of transportation.
23.33(4c)
(4c) Intoxicated operation of an all-terrain vehicle. 23.33(4c)(a)1.1. `Operating while under the influence of an intoxicant.' No person may operate an all-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.
23.33(4c)(a)2.
2. `Operating with alcohol concentrations at or above specified levels.' No person may engage in the operation of an all-terrain vehicle while the person has an alcohol concentration of 0.1 or more.
23.33(4c)(a)3.
3. `Operating with alcohol concentrations at specified levels; below age 19.' If a person has not attained the age of 19, the person may not engage in the operation of an all-terrain vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1.
23.33(4c)(a)4.
4. `Related charges.' A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of
subd. 1. or
2. or both for acts arising out of the same incident or occurrence. If the person is charged with violating both
subds. 1. and
2., the offenses shall be joined. If the person is found guilty of both
subds. 1. and
2. 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. (13) (b) 2. and
3. Subdivisions 1. and
2. each require proof of a fact for conviction which the other does not require.
23.33(4c)(b)1.1. ` 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 may cause injury to another person by the operation of an all-terrain vehicle.
23.33(4c)(b)2.
2. `Causing injury with alcohol concentrations at or above specified levels.' No person who has an alcohol concentration of 0.1 or more may cause injury to another person by the operation of an all-terrain vehicle.
23.33(4c)(b)3.
3. `Related charges.' A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of
subd. 1. or
2. or both for acts arising out of the same incident or occurrence. If the person is charged with violating both
subds. 1. and
2. in the complaint, the crimes shall be joined under
s. 971.12. If the person is found guilty of both
subds. 1. and
2. 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. (13) (b) 2. and
3. Subdivisions 1. and
2. each require proof of a fact for conviction which the other does not require.
23.33(4c)(b)4.
4. `Defenses.' 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 he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.1 or more.
23.33(4g)
(4g) Preliminary breath screening test. 23.33(4g)(a)(a)
Requirement. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated operation of an all-terrain vehicle law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.
23.33(4g)(b)
(b)
Use of test results. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated operation of an all-terrain vehicle law or for the purpose of deciding whether or not to request a chemical test under
sub. (4p). Following the preliminary breath screening test, chemical tests may be required of the person under
sub. (4p).
23.33(4g)(c)
(c)
Admissibility. The result of a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to show that a chemical test was properly required of a person under
sub. (4p).
23.33(4g)(d)
(d)
Refusal. There is no penalty for a violation of
par. (a).
Subsection (13) (a) and the general penalty provision under
s. 939.61 do not apply to that violation.
23.33(4j)
(4j) Applicability of the intoxicated operation of an all-terrain vehicle law. In addition to being applicable upon highways, the intoxicated operation of an all-terrain vehicle law is applicable upon all premises held out to the public for use of their all-terrain vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof.
23.33(4L)
(4L) Implied consent. Any person who engages in the operation of an all-terrain vehicle upon the public highways of this state, or in those areas enumerated in
sub. (4j), is deemed 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
sub. (4p). Any person who engages in the operation of an all-terrain vehicle within this state is deemed 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
sub. (4p).
23.33(4p)(a)1.1. `Samples; submission to tests.' A person shall provide one or more samples of his or her breath, blood or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an all-terrain vehicle law and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an all-terrain vehicle law and if he or she is requested to submit to the test by a law enforcement officer.
23.33(4p)(a)2.
2. `Information.' A law enforcement officer requesting a person to provide a sample or to submit to a chemical test under
subd. 1. shall inform the person of all of the following at the time of the request and prior to obtaining the sample or administering the test:
23.33(4p)(a)2.b.
b. That a refusal to provide a sample or to submit to a chemical test constitutes a violation under
par. (e) and is subject to the same penalties and procedures as a violation of
sub. (4c) (a) 1.
23.33(4p)(a)2.c.
c. That in addition to the designated chemical test under
par. (b) 2., he or she may have an additional chemical test under
par. (c) 1.
23.33(4p)(a)3.
3. `Unconscious person.' A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated operation of an all-terrain vehicle law, one or more chemical tests may be administered to the person without a request under
subd. 1. and without providing information under
subd. 2.
23.33(4p)(b)1.1. `Test facility.' Upon the request of a law enforcement officer, a test facility shall administer a chemical test of breath, blood or urine for the purpose of authorized analysis. A test facility shall be prepared to administer 2 of the 3 chemical tests of breath, blood or urine for the purpose of authorized analysis. The department may enter into agreements for the cooperative use of test facilities.
23.33(4p)(b)2.
2. `Designated chemical test.' A test facility shall designate one chemical test of breath, blood or urine which it is prepared to administer first for the purpose of authorized analysis.
23.33(4p)(b)3.
3. `Additional chemical test.' A test facility shall specify one chemical test of breath, blood or urine, other than the test designated under
subd. 2., which it is prepared to administer for the purpose of authorized analysis as an additional chemical test.
23.33(4p)(b)4.
4. `Validity; procedure.' A chemical test of blood or urine conducted for the purpose of authorized analysis is valid as provided under
s. 343.305 (6). The duties and responsibilities of the laboratory of hygiene, department of health and family services and department of transportation under
s. 343.305 (6) apply to a chemical test of blood or urine conducted for the purpose of authorized analysis under this subsection. Blood may be withdrawn from a person arrested for a violation of the intoxicated operation of an all-terrain vehicle law only by a physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician and the person who withdraws the blood, the employer of that person and any hospital where blood is withdrawn have immunity from civil or criminal liability as provided under
s. 895.53
23.33(4p)(b)5.
5. `Report.' A test facility which administers a chemical test of breath, blood or urine for the purpose of authorized analysis under this subsection shall prepare a written report which shall include the findings of the chemical test, the identification of the law enforcement officer or the person who requested a chemical test and the identification of the person who provided the sample or submitted to the chemical test. The test facility shall transmit a copy of the report to the law enforcement officer and the person who provided the sample or submitted to the chemical test.
23.33(4p)(c)1.1. `Additional chemical test.' If a person is arrested for a violation of the intoxicated operation of an all-terrain vehicle law or is the operator of an all-terrain vehicle involved in an accident resulting in great bodily harm to or the death of someone and if the person is requested to provide a sample or to submit to a test under
par. (a) 1., the person may request the test facility to administer the additional chemical test specified under
par. (b) 3. or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood or urine for the purpose of authorized analysis.
