340.01(8)
(8) "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property and having one or more of the following characteristics:
340.01(8)(a)
(a) The vehicle is a single vehicle with a gross vehicle weight rating of 26,001 or more pounds or the vehicle's registered weight or actual gross weight is more than 26,000 pounds.
340.01(8)(b)
(b) The vehicle is a combination vehicle with a gross combination weight rating, registered weight or actual gross weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating, registered weight or actual gross weight of more than 10,000 pounds.
340.01(8)(c)
(c) The vehicle is designed to transport or is actually transporting the driver and 15 or more passengers. If the vehicle is equipped with bench type seats intended to seat more than one person, the passenger carrying capacity shall be determined under
s. 340.01 (31) or, if the vehicle is a school bus, by dividing the total seating space measured in inches by 13.
340.01(8)(d)
(d) The vehicle is transporting hazardous materials.
340.01(9)
(9) "Connecting highway" means a highway designated as such under
s. 86.32.
340.01(9r)
(9r) "Conviction" or "convicted" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of property deposited to secure the person's appearance in court, a plea of guilty or no contest accepted by the court, the payment of a fine or court cost, or violation of a condition of release without the deposit of property, regardless of whether or not the penalty is rebated, suspended, or probated, in this state or any other jurisdiction. It is immaterial that an appeal has been taken. "Conviction" or "convicted" includes:
340.01(9r)(b)
(b) An adjudication of having violated a law enacted by a federally recognized American Indian tribe or band in this state.
340.01(9r)(c)
(c) An adjudication of having violated a local ordinance enacted under
ch. 349;
340.01(9r)(d)
(d) A finding by a court assigned to exercise jurisdiction under
chs. 48 and
938 of a violation of
chs. 341 to
349 and
351 or a local ordinance enacted under
ch. 349.
340.01(10)
(10) "Crosswalk" means either of the following, except where signs have been erected by local authorities indicating no crossing:
340.01(10)(a)
(a)
Marked crosswalk. Any portion of a highway clearly indicated for pedestrian crossing by signs, lines or other markings on the surface; or
340.01(10)(b)
(b)
Unmarked crosswalk. In the absence of signs, lines or markings, that part of a roadway, at an intersection, which is included within the transverse lines which would be formed on such roadway by connecting the corresponding lateral lines of the sidewalks on opposite sides of such roadway or, in the absence of a corresponding sidewalk on one side of the roadway, that part of such roadway which is included within the extension of the lateral lines of the existing sidewalk across such roadway at right angles to the center line thereof, except in no case does an unmarked crosswalk include any part of the intersection and in no case is there an unmarked crosswalk across a street at an intersection of such street with an alley.
340.01(10m)
(10m) "Curb weight" means the total weight of a vehicle, including a full load of fuel, oil and water, but without any passengers or cargo.
340.01(11)
(11) "Dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in motor vehicles, mobile homes, trailers or semitrailers, or who is engaged wholly or in part in the business of selling motor vehicles, mobile homes, trailers or semitrailers, whether or not such vehicles are owned by that person, but not including:
340.01(11)(a)
(a) A receiver, trustee, administrator, executor, guardian or other person appointed by or acting under the judgment or order of any court; or
340.01(11)(b)
(b) A public officer while performing official duty; or
340.01(11)(d)
(d) A finance company licensed under
s. 138.09 or
218.01 who sells or offers for sale motor vehicles repossessed or foreclosed by it under the terms of a security contract.
340.01(12)
(12) "Department" means the department of transportation.
340.01(13)
(13) "Direction signal lamp" means a lighting device used to indicate the intention of the operator of a vehicle to change direction.
340.01(13m)
(13m) "Disqualification" means the loss or withdrawal of a person's privilege to operate a commercial motor vehicle relating to certain offenses committed by the person while driving or operating or on duty time with respect to a commercial motor vehicle.
340.01(14)
(14) "Distributor" means a person who in whole or in part sells or distributes motor vehicles, mobile homes, trailers or semitrailers to dealers, or who maintains distributor representatives.
340.01(15)
(15) "Divided highway" means a highway with 2 or more roadways separated by spaces not intended for the use of vehicular traffic.
340.01(15c)
(15c) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.
340.01(15f)
(15f) "Double bottom" means a combination of 3 vehicles consisting of a truck tractor, a semitrailer and a trailer, or of a truck tractor and 2 semitrailers. For purposes of this paragraph, "truck tractor" includes road tractor.
340.01(15m)
(15m) "Drawbar" means a rigid structure forming a connection between 2 vehicles, securely attached to both vehicles by non-rigid means, and carrying no part of the load of either vehicle. The surface to which the drawbar is attached shall be of sufficient strength to prevent failure under all conditions of operation, including the coupling platform and its attaching members or weldments which is attached to the towing vehicle, and shall otherwise comply with
s. 347.47.
340.01(15n)
(15n) "Dual purpose farm truck" means a motor truck owned and operated by a farmer and used for the transportation of supplies, farm equipment and products on the owner's farm or between the owner's farms, the transportation of farm products from the owner's farm to market, and the transportation of supplies to the owner's farm and also used in furtherance of any nonfarm occupation, trade, profession or employment.
340.01(15p)
(15p) "Dual purpose motor home" means a vehicle which can be interchangeably equipped as a motor home or as a motor truck.
340.01(15q)
(15q) "On duty time" means, with respect to an operator of a commercial motor vehicle, the period from the time that the operator of the commercial motor vehicle begins to work or is required to be in readiness to work until the time that the operator of the commercial motor vehicle is relieved from work and all responsibility for performing work.
340.01(15r)
(15r) "Endorsement" means an authorization to an operator's license required to permit the operation of certain vehicles.
340.01(15s)
(15s) "Energy emergency" means a period of disruption of energy supplies which poses a serious risk to the economic well-being, health or welfare of the citizens of this state, as certified by executive order of the governor.
340.01(15v)
(15v) "Fair market value" means the value of a vehicle that takes into account the condition of the vehicle immediately before the damage occurred and which has been determined by reliable sources generally accepted within the automotive and insurance industries, limited to price guidebooks, dealer quotations, computerized valuation services and other methods which may be prescribed by the department.
340.01(16)
(16) "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
340.01(17)
(17) "Farm trailer" means a trailer or semitrailer with a gross weight greater than 3,000 pounds which is owned or leased and operated by a farmer and is used exclusively for the transportation of farm products from the owner's farm to market or for the transportation of supplies to the owner's farm. As used in this subsection "leased" means that the farmer has entered into a written agreement with a person in the business of leasing vehicles to lease the trailer or semitrailer for a period of one year or more.
340.01(18)(a)1.
1. A motor truck having a gross weight of less than 38,000 pounds that is owned or leased and operated by a farmer and used primarily for the transportation of supplies, farm equipment and products on the owner's farm or between his or her farms, the transportation of farm products from the owner's farm to market, and the transportation of supplies to his or her farm.
340.01(18)(a)2.
2. A motor truck having a gross weight of 38,000 pounds or more that is owned or leased and operated by a farmer and used exclusively for the transportation of supplies, farm equipment and products on the owner's farm or between his or her farms, the transportation of farm products from the owner's farm to market, and the transportation of supplies to his or her farm.
340.01(18)(b)
(b) In this subsection, the term "farmer" includes persons who are engaged in those activities specified in the definition of "operation of farm premises" contained in
s. 102.04 (3), provided that such activities are directly or indirectly for the purpose of producing a commodity or commodities for market, or as an accessory to such production. In this subsection, "leased" means that the farmer has entered into a written agreement with a person in the business of leasing vehicles to lease the motor truck for a period of one year or more.
340.01(18g)
(18g) "Farm truck tractor" means a truck tractor that is owned or leased and operated by a farmer as defined in
sub. (18), used exclusively for the transportation of supplies, farm equipment and products on the owner's farm or between his or her farms, the transportation of farm products from the owner's farm to market and the transportation of supplies to his or her farm and is exempt from payment of the heavy vehicle use tax imposed by section
4481 of the internal revenue code. In this subsection, "leased" means that the farmer has entered into a written agreement with a person in the business of leasing vehicles to lease the truck tractor for a period of one year or more.
340.01(18m)
(18m) "Fifth-wheel mobile home" means a mobile home as defined in
sub. (29) which is towed by a vehicle with a flatbed frame so the trailer hitch of the mobile home is bolted to the flatbed frame of the towing vehicle.
340.01(18p)
(18p) "Flood damaged vehicle" means any motor vehicle that is not precluded from subsequent registration or titling and which is damaged by flood to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 70% of its fair market value.
340.01(18r)
(18r) "Forward" means send by mail or furnish by another mode of transmission approved by the department.
340.01(19)
(19) "Fusee" means a paper or fiber tube filled with a flammable material which, when ignited, burns with a red flame for 5 to 30 minutes and which is designed to produce a warning light for temporarily marking a disabled vehicle until more permanent warning devices can be properly placed.
340.01(19g)
(19g) "Gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a value specified by the manufacturer, the gross combination weight rating is determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and any load carried.
340.01(19r)
(19r) "Gross vehicle weight rating" means the value specified by the vehicle manufacturer, including secondary or final stage manufacturer, as the loaded weight of a vehicle.
340.01(20)
(20) "Gross weight" means the weight of the vehicle equipped for service plus the weight which the vehicle is carrying as a load.
340.01(21)
(21) "Headlamp" means a major lighting device used to provide general illumination ahead of a vehicle.
340.01(22)
(22) "Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel and roads or driveways upon the grounds of public schools, as defined in
s. 115.01 (1), and institutions under the jurisdiction of the county board of supervisors, but does not include private roads or driveways as defined in
sub. (46).
340.01(22e)
(22e) "Highway maintenance or construction area" means the entire section of roadway between the first advance warning sign of highway maintenance or construction work and an "END ROAD WORK" or "END CONSTRUCTION" sign or, in the case of a moving vehicle engaged in the maintenance or construction work, that section of roadway where traffic may return to its normal flow without impeding such work.
340.01(23)
(23) "Hours of darkness" means the period of time from one-half hour after sunset to one-half hour before sunrise and all other times when there is not sufficient natural light to render clearly visible any person or vehicle upon a highway at a distance of 500 feet.
340.01(23d)
(23d) "Household goods" means personal effects and property used or to be used in a dwelling when such effects and property are a part of the equipment or supply of the dwelling, but does not include property moving from a factory to a store except such property as a householder has purchased with intent to use in his or her dwelling and which is transported at the request of, and for which the transportation charges are paid to the carrier by, the householder.
340.01(23e)
(23e) "Household goods carrier" means any person engaged in the transportation of household goods for hire by motor vehicle upon the public highways.
340.01(23g)(a)
(a) Means a motor vehicle which is not painted in accordance with
s. 347.44 (1) and which is used for the purpose of transporting disabled persons as defined in
s. 85.21 (2) (cm) or elderly persons as defined in
s. 85.22 (2) (b) in connection with any transportation assistance program for elderly or disabled persons.
340.01(23g)(b)1.
1. A motor vehicle performing transportation services under
par. (a) provided by a volunteer. Under this subdivision, "volunteer" includes a person who may receive an allowance to defray vehicle operating costs but does not include a person who receives compensation for his or her time for operating the vehicle.
340.01(23g)(b)2.
2. A motor vehicle operated in an urban mass transit system as defined in
s. 85.20 (1) (e) and
(L) or as a taxicab service or as a common carrier of passengers.
340.01(23m)
(23m) "Identification lamps" means lamps grouped in a horizontal row and mounted on the permanent structure of the vehicle at or near the vertical center line.
340.01(23r)
(23r) "Identification number" means the numbers, letters or combination of numbers and letters assigned by the manufacturer of a vehicle or vehicle part or by the department and stamped upon or affixed to a vehicle or vehicle part for the purpose of identification. "Identification number" does not include the letters, numbers or combinations thereof on registration plates issued under
ch. 341.
340.01(23v)
(23v) "Ignition interlock device" means a device which measures the person's alcohol concentration and which is installed on a vehicle in such a manner that the vehicle will not start if the sample shows that the person has a prohibited alcohol concentration.
340.01(23w)
(23w) "Immobilization device" means a device or mechanism which immobilizes a motor vehicle, making the motor vehicle inoperable.
340.01(24)(a)
(a) Means a vehicle or piece of equipment or machinery designed for agricultural purposes, used exclusively in the conduct of agricultural operations and used principally off the highway, or a trailer-mounted bulk liquid fertilizer container.
340.01(24)(b)
(b) Does not include any motor truck, farm truck, road tractor, truck tractor, or farm truck tractor or such a vehicle combined with a semitrailer, trailer or farm trailer, when the vehicle or combination is a commercial motor vehicle operated on a highway.
340.01(24m)
(24m) "In-line skates" means skates with wheels arranged singly in a tandem line rather than in pairs.
340.01(25)
(25) "Intersection" means the area embraced within the prolongation or connection of the curb lines or, if none, then within the boundary lines of the roadways of 2 or more highways which join one another at, or approximately at right angles, whether or not one such highway crosses the other, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
340.01(25g)
(25g) "Junked" means dismantled for parts or scrapped.
340.01(25m)
(25m) "Kingpin" means a pin or peg designed to be locked into the 5th wheel of a truck tractor to attach a semitrailer to the truck tractor.
340.01(25r)
(25r) "Junk vehicle" means any of the following:
340.01(25r)(a)
(a) A vehicle which is incapable of operation or use upon a highway and which has no resale value except as a source of parts or scrap.
340.01(25r)(b)
(b) A vehicle for which an insurance company has taken possession of or title to if the estimated cost of repairing the vehicle exceeds its fair market value.
340.01(26)
(26) "Local authorities" means every county board, city council, town or village board or other local agency having authority under the constitution and laws of this state to adopt traffic regulations.
340.01(27)
(27) "Local ordinance which is in conformity therewith" means a local traffic regulation enacted pursuant to
s. 349.06.
340.01(28)
(28) "Manufacturer" means a person who manufactures or assembles motor vehicles, mobile homes, trailers or semitrailers, or who manufactures or installs on previously assembled truck chassis special bodies or equipment which when installed form an integral part of the motor vehicle and which constitutes a major manufacturing alteration.
340.01(28e)
(28e) "Manufacturers buyback vehicle" means a motor vehicle repurchased by its manufacturer, or by an authorized distributor or dealer with compensation from the manufacturer, because of a nonconformity that was not corrected after a reasonable attempt to repair the nonconformity under
s. 218.015 or under a similar law of another state.
340.01(28m)
(28m) "Mass transit vehicle" means any vehicle used for providing transportation service, either publicly or privately owned, which provides a general transportation service to any member of the public on a regular, continuing and completely equal basis.
340.01(28q)
(28q) "Mass transit way" means that portion of the highway designated for the primary use of mass transit vehicles or car pool vehicles or both and the incidental use of other permitted vehicles.
340.01(29)
(29) "Mobile home" means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction. A mobile home exceeding statutory size under
s. 348.07 (2) shall be considered a primary housing unit. A mobile home not exceeding the statutory size under
s. 348.07 (2) shall be considered a touring or recreational unit.
340.01(29m)
(29m) "Moped" means any of the following motor vehicles capable of speeds of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, excluding a tractor, a power source as an integral part of the vehicle and a seat for the operator:
340.01(29m)(a)
(a) A bicycle-type vehicle with fully operative pedals for propulsion by human power and an engine certified by the manufacturer at not more than 50 cubic centimeters or an equivalent power unit.
340.01(29m)(b)
(b) A Type 1 motorcycle with an automatic transmission and an engine certified by the manufacturer at not more than 50 cubic centimeters or an equivalent power unit.
340.01(30)
(30) "Motor bicycle" means a bicycle to which a power unit not an integral part of the vehicle has been added to permit the vehicle to travel at a speed of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind and having a seat for the operator.
