340.01(38)
(38) "Official traffic control device" means all signs, signals, markings and devices, not inconsistent with
chs. 341 to
349, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic; and includes the terms "official traffic sign" and "official traffic signal".
340.01(40)
(40) "Operating privilege" means, in the case of a person who is licensed under
ch. 343, the license, including every endorsement and authorization to operate vehicles of specific vehicle classes or types, instruction permit, and temporary, restricted or occupational license granted to such person; in the case of a resident of this state who is not so licensed, it means the privilege to secure a license under
ch. 343; in the case of a nonresident, it means the operating privilege granted by
s. 343.05 (2) (a) 2. or
(4) (b) 1.
340.01(41)
(41) "Operator" means a person who drives or is in actual physical control of a vehicle.
340.01(41g)
(41g) "Operator's license" means the authorization granted to a person by this state, another jurisdiction or certain countries to operate a motor vehicle, including a driver's license, temporary or restricted license or an instruction permit.
340.01(41m)
(41m) "Other jurisdiction" or "another jurisdiction" means any state other than Wisconsin and includes the District of Columbia, the commonwealth of Puerto Rico and any territory or possession of the United States, any federal military installation located within the territorial boundaries of Wisconsin and any province of the Dominion of Canada.
340.01(41r)
(41r) "Out-of-service order" means a temporary prohibition against operating a commercial motor vehicle.
340.01(42)
(42) "Owner" means a person who holds the legal title of a vehicle, except that if legal title is held by a secured party with the immediate right of possession of the vehicle vested in the debtor, the debtor is the owner for the purposes of
chs. 340 to
349.
340.01(42m)
(42m) "Park or parking" means the halting of a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
340.01(43)
(43) "Pedestrian" means any person afoot or any person in a wheelchair, either manually or mechanically propelled, or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person.
340.01(43g)
(43g) "Person with a disability that limits or impairs the ability to walk" means any person with a disability as defined by the federal Americans with disabilities act of 1990,
42 USC 12101 et seq., so far as applicable, or any person who meets any of the following conditions:
340.01(43g)(a)
(a) Cannot walk 200 feet or more without stopping to rest.
340.01(43g)(b)
(b) Cannot walk without the use of, or assistance from, another person or a brace, cane, crutch, prosthetic device, wheelchair or other assistive device.
340.01(43g)(c)
(c) Is restricted by lung disease to the extent that forced expiratory volume for one second when measured by spirometry is less than one liter or the arterial oxygen tension is less than 60 millimeters of mercury on room air at rest.
340.01(43g)(e)
(e) Has a cardiac condition to the extent that functional limitations are classified in severity as class III or IV, according to standards accepted by the American heart association on May 3, 1988.
340.01(43g)(f)
(f) Is severely limited in the ability to walk due to an arthritic, neurological or orthopedic condition.
340.01(43m)(a)
(a) Means a coaster, skate board, roller skates, sled, toboggan, unicycle or toy vehicle upon which a person may ride.
340.01(44)
(44) "Pot torch" means a wick-type liquid-burning device designed to produce a steady burning flame as a warning signal.
340.01(46)
(46) "Private road or driveway" is every way or place in private ownership and used for vehicular travel only by the owner and those having express or implied permission from the owner and every road or driveway upon the grounds of public institutions other than public schools, as defined in
s. 115.01 (1), and institutions under the jurisdiction of the county board of supervisors.
340.01(46m)
(46m) "Prohibited alcohol concentration" means one of the following:
340.01(46m)(a)
(a) If the person has one or no prior convictions, suspensions or revocations, as counted under
s. 343.307 (1), an alcohol concentration of 0.1 or more.
340.01(46m)(b)
(b) If the person has 2 or more prior convictions, suspensions or revocations, as counted under
s. 343.307 (1), an alcohol concentration of 0.08 or more.
340.01(47)
(47) "Railroad crossing" means the intersection of any highway or private road or driveway at grade with tracks upon which railroad trains operate.
340.01(48)
(48) "Railroad train" means every device with or without engine or motor and whether or not coupled to other similar devices, operated upon rails for the transporting of persons or property.
340.01(48m)
(48m) "Record of conviction" means a report of conviction furnished to the department by a federally recognized American Indian tribe or band in this state or by another jurisdiction or as required by
chs. 340 to
349 and
351.
340.01(49)
(49) "Reflector" means a device designed to warn an approaching driver by reflected light from the headlamps on the approaching vehicle.
340.01(50)
(50) "Residence district" means the territory contiguous to a highway not comprising a business district where the frontage on such highway for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.
340.01(51)
(51) "Right-of-way" means the privilege of the immediate use of the roadway.
340.01(52)
(52) "Road machinery" means a piece of mobile machinery or equipment not covered by
s. 341.26 (1) (d), such as ditch digging apparatus, power shovels, drag lines and earth-moving equipment, or a piece of road construction or maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, gravel crushers, screening plants, scrapers, tractors, earth movers, front- or rear-end loaders, conveyors, road pavers, or construction shacks. The foregoing enumeration is intended to be illustrative and does not exclude other similar vehicles which are within the general terms of this subsection, whether used for road construction and maintenance or not, which are not designed or used primarily for transportation of persons or property and only incidentally operated or moved upon a highway.
340.01(53)
(53) "Road tractor" means a motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of the vehicle or load so drawn.
340.01(54)
(54) "Roadway" means that portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway the term "roadway" refers to each roadway separately but not to all such roadways collectively.
340.01(55)
(55) "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians, including those about to board or alighting from public conveyances, and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
340.01(55g)
(55g) "Salvage vehicle" means a vehicle less than 7 years old that is not precluded from subsequent registration and titling and which is damaged by collision or other occurrence 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(55r)
(55r) "Salvage vehicle purchaser" means a person, including an insurer or motor vehicle dealer, who purchases or otherwise obtains possession of a salvage vehicle.
340.01(56)(a)
(a) Means a motor vehicle which carries 10 or more passengers in addition to the operator or a motor vehicle painted in accordance with
s. 347.44 (1) for the purpose of transporting:
340.01(56)(a)2.
2. Pupils to or from curricular or extracurricular activities.
340.01(56)(a)3.
3. Pupils to or from religious instruction on days when school is in session.
340.01(56)(a)4.
4. Children as defined under
s. 115.76 (2) with exceptional educational needs of a type specified under
s. 115.76 (3) (a) to
(L) to or from an educational program approved by the department of education.
Effective date note
NOTE: Subd. 4. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
4. Children as defined under s. 115.76 (2) with exceptional educational needs of a type specified under s. 115.76 (3) (a) to (L) to or from an educational program approved by the department of public instruction.
340.01(56)(am)
(am) Means a motor vehicle which is painted in accordance with
s. 347.44 (1) and 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(56)(b)1.
1. A motor vehicle owned or operated by a parent or guardian transporting only his or her own children, regardless of whether a school has made a contract with or paid compensation to such parent or guardian for such transportation.
340.01(56f)
(56f) "Secretary" means the secretary of transportation.
340.01(57)
(57) "Semitrailer" means a vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, but does not include a mobile home. A vehicle used with a ready-mix motor truck to spread the load is considered a semitrailer.
340.01(57m)
(57m) "Service road" means every highway that runs generally parallel to but is separated from the main roadway by a physical barrier and primarily intended to provide access to the abutting property and not for use of through traffic.
340.01(58)
(58) "Sidewalk" means that portion of a highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, constructed for use of pedestrians.
340.01(58a)
(58a) "Snowmobile" means an engine-driven vehicle that is manufactured solely for snowmobiling, that has an endless belt tread and sled-type runners, or skis, to be used in contact with snow but does not include such a vehicle that is any of the following:
340.01(58a)(b)
(b) A vehicle that is driven by a motor of 4 horsepower or less and that is operated in sanctioned races, derbies, competitions or exhibitions or only on private property.
340.01(59)
(59) "Spotlamp" means an auxiliary driving lamp used primarily to supplement the headlamps in providing general illumination ahead of the vehicle, usually mounted and designed so it can be controlled by the operator of the vehicle for the purpose of reading signs and illuminating objects to the side of or beyond the scope of the regular headlamp beams.
340.01(59m)
(59m) "Stand or standing" means the temporary halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers.
340.01(60)
(60) "State trunk highway" means any highway designated pursuant to
s. 84.02 or
84.29 as part of the state trunk highway system, exclusive of connecting highways.
340.01(61)
(61) "Station wagon" means a dual purpose vehicle designed for the transportation of persons and also designed in such a manner that the seats may be removed or folded out of the way for the purpose of increasing the property carrying space within the vehicle. The term includes, but is not limited to, types of vehicles which carry the trade names of station wagon, estate wagon, town and country wagon and country sedan. The vehicle shall be classed as an automobile for purpose of registration.
340.01(62)
(62) "Stop" when required means complete cessation from movement.
340.01(63)
(63) "Stop lamp" means a device giving a steady warning light to the rear of a vehicle to indicate the intention of the operator of the vehicle to diminish speed or stop.
340.01(64)
(64) "Street" means every highway within the corporate limits of a city or village except alleys.
340.01(66)
(66) "Tail lamp" means a device to designate the rear of a vehicle by a warning light.
340.01(67)
(67) "Through highway" means every highway or portion thereof which has been declared by the state or local authorities pursuant to
s. 349.07 to be a through highway and at the entrances to which vehicular traffic from intersecting highways is required by traffic control signals or stop signs to stop.
340.01(67m)
(67m) "Tour trains" means 3 or less trailer type vehicles designed for carrying passengers on educational or recreational excursions, not exceeding a maximum overall length of 50 feet, including the propelling motor vehicle, for being drawn individually or in tandem by a motor vehicle.
340.01(67n)
(67n) "Tow truck" means a motor vehicle that is equipped with mechanical or hydraulic lifting devices or winches capable of, and used for, the recovery or transport or both of wrecked, disabled, abandoned, used or replacement vehicles.
340.01(67r)
(67r) "Tractor-semitrailer combination" means a combination of 2 vehicles consisting of either a truck tractor and a semitrailer or a road tractor and a semitrailer.
340.01(68)
(68) "Traffic" means pedestrians, ridden or herded or driven animals, vehicles and other conveyances, either singly or together, while using any highway for the purpose of travel.
340.01(69)
(69) "Traffic control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
340.01(70)
(70) "Traffic officer" means every officer authorized by law to direct or regulate traffic or to make arrests for violation of traffic regulations.
340.01(71)
(71) "Trailer" means a vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, but does not include a mobile home.
340.01(71n)
(71n) "Transferee" means any person, including the state and its political subdivisions, to whom ownership of a motor vehicle is transferred by purchase, gift or any means other than by creation of a security interest or who, as agent, signs a mileage disclosure statement required under
s. 342.155 for such person.
340.01(71p)
(71p) "Transferor" means any person, including the state and its political subdivisions, a dealer, an auction company acting as an agent, a motor vehicle salvage pool, an insurance company or a leasing or rental company with respect to motor vehicle sales, who transfers his or her ownership in a motor vehicle by sale, gift or any means other than by creation of a security interest or who, as agent, signs a mileage disclosure statement required under
s. 342.155 for such person.
340.01(72)
(72) "Transporter" means any of the following:
340.01(72)(a)
(a) A person engaged in this state in the business of transporting and delivering motor vehicles, trailers, semitrailers or mobile homes in tow on their own wheels or under their own power from the manufacturer to the distributor, dealer or branch of the manufacturer, or from the distributor or dealer to another distributor or dealer, the manufacturer or branch of the manufacturer or from the branch of the manufacturer to the distributor, dealer or manufacturer.
340.01(72)(b)
(b) A person 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, or who is engaged in modifying or converting previously assembled or manufactured complete motor vehicles, but who is not the owner of the vehicles on which manufacturing operations were performed by that person, if incidental to manufacturing operations the person transports motor vehicles in tow on their own wheels or under their own power between the person's place of business and manufacturers, dealers and distributors, or delivers them to purchasers.
340.01(72m)
(72m) "Transporting hazardous materials" means any of the following:
340.01(72m)(a)
(a) Transporting any quantity of a material classified as a class A or B explosive, poison gas or "poison A", radioactive material or flammable solid dangerous when wet or "flammable W" in the hazardous materials table,
49 CFR 172.101.
340.01(72m)(b)
(b) Transporting an aggregate total of 1,000 pounds or more of one or more materials classified as a class C explosive, blasting agent, nonflammable gas, flammable gas, combustible liquid, flammable liquid, flammable solid, oxidizer, organic peroxide, poison or "poison B", corrosive material, or irritating material in the hazardous materials table,
49 CFR 172.101.
340.01(73)
(73) "Truck tractor" means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
340.01(74)
(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 shall not be considered a vehicle except for purposes made specifically applicable by statute.
340.01(74m)
(74m) "Vehicle group" means a class or type of vehicle with certain operating characteristics.
