346.52(2)
(2) During the hours of 7:30 a.m. to 4:30 p.m. during school days, no person may stop or leave any vehicle standing, whether temporarily or otherwise, upon the near side of a through highway adjacent to a schoolhouse used for any children below the 9th grade. If the highway adjacent to the schoolhouse is not a through highway, the operator of a vehicle may stop upon the near side thereof during such hours, provided such stopping is temporary and only for the purpose of receiving or discharging passengers. This subsection shall not apply to villages, towns or cities when the village or town board or common council thereof by ordinance permits parking of any vehicle or of school buses only on the near side of specified highways adjacent to schoolhouses during specified hours.
346.53
346.53
Parking prohibited in certain specified places. No person shall stop or leave any vehicle standing in any of the following places except temporarily for the purpose of and while actually engaged in loading or unloading or in receiving or discharging passengers and while the vehicle is attended by a licensed operator so that it may promptly be moved in case of an emergency or to avoid obstruction of traffic:
346.53(2)
(2) In an alley in a business district;
346.53(3)
(3) Within 10 feet of a fire hydrant, unless a greater distance is indicated by an official traffic sign;
346.53(4)
(4) Within 4 feet of the entrance to an alley or a private road or driveway;
346.53(5)
(5) Closer than 15 feet to the near limits of a crosswalk;
346.53(6)
(6) Upon any portion of a highway where and at the time when parking is prohibited, limited or restricted by official traffic signs.
346.53 Annotation
Trial court erred in finding truck driver negligent as matter of law and refusing to submit question of practicality to jury where driver parked on highway for purpose of unloading sewage into manhole. Nelson v. Travelers Ins. Co. 80 W (2d) 272, 259 NW (2d) 48.
346.54
346.54
How to park and stop on streets. 346.54(1)
(1) Upon streets where stopping or parking is authorized or permitted, a vehicle is not lawfully stopped or parked unless it complies with the following requirements:
346.54(1)(a)
(a) Upon a street where traffic is permitted to move in both directions simultaneously and where angle parking is not clearly designated by official traffic signs or markers, a vehicle must be parked parallel to the edge of the street, headed in the direction of traffic on the right side of the street;
346.54(1)(b)
(b) Upon a one-way street or divided street where parking on the left side of the roadway is clearly authorized by official traffic signs or markers, vehicles shall be parked as indicated by such markers;
346.54(1)(c)
(c) Upon streets where angle parking is clearly authorized by official traffic signs or markers, vehicles shall be parked at the angle and within the spaces indicated.
346.54(1)(cm)1.1. In a parallel parking area, a Type 1 motorcycle may park at an angle. If parallel parking spaces are not indicated by markers, no Type 1 motorcycle may be parked within 2 feet of another vehicle. Where a parallel parking space is indicated by a marker or where angle parking is authorized, up to 3 Type 1 motorcycles may park in the space.
346.54(1)(cm)2.
2. Up to 3 Type 1 motorcycles may be parked in a parking space where a parking meter has been installed unless the space is restricted by official traffic sign or marker to a single motorcycle. The operator of each Type 1 motorcycle parked in a single space regulated by a parking meter shall receive a citation for any violation of a time restriction.
346.54(1)(d)
(d) In parallel parking, a vehicle shall be parked facing in the direction of traffic with the right wheels within 12 inches of the curb or edge of the street when parked on the right side and with the left wheels within 12 inches of the curb or edge of the street when parked on the left side. In parallel parking, a vehicle shall be parked with its front end at least 2 feet from the vehicle in front and with its rear end at least 2 feet from the vehicle in the rear, unless a different system of parallel parking is clearly indicated by official traffic signs or markers.
346.54(1)(e)
(e) For the purpose of parking, mopeds as defined in
s. 340.01 (29m) shall be considered bicycles. Where possible without impeding the flow of pedestrian traffic, a bicycle or moped may be parked on a sidewalk. A bicycle or moped may be parked in a bike rack or other similar area designated for bicycle parking.
346.54(2)
(2) No person shall stop or leave a vehicle standing in violation of this section.
346.55
346.55
Other restrictions on parking and stopping. 346.55(3)
(3) No person may leave or park any motor vehicle on private property without the consent of the owner or lessee of the property.
346.55(4)
(4) Owners or lessees of public or private property may permit parking by certain persons and limit, restrict or prohibit parking as to other persons if the owner or lessee posts a sign on the property indicating for whom parking is permitted, limited, restricted or prohibited. No person may leave or park any motor vehicle on public or private property contrary to a sign posted thereon.
346.55 Annotation
Sub. (2) is unconstitutional; it unreasonably restricts commercial speech. City of Milwaukee v. Blondis, 157 W (2d) 730, 460 NW (2d) 815 (Ct. App. 1990).
346.56
346.56
Penalty for violating sections 346.503 to 346.55. 346.56(1)(b)
(b) No forfeiture may be assessed under
par. (a) if within 30 days after the uniform traffic citation was issued the person provides proof that he or she has complied with the provision of
s. 346.503 for which the citation was issued.
346.56(1g)
(1g) Any person violating
s. 346.503 (2e) shall forfeit not less than $20 nor more than $40 for the first offense. For a 2nd or subsequent conviction within 3 years, a person shall forfeit not less than $50 nor more than $100.
346.56(1m)
(1m) Any person violating
s. 346.52 to
346.54 or
346.55 (3) or
(4) may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.
346.56(4)
(4) Any person violating
s. 346.505 (2) shall forfeit not less than $50 nor more than $300.
SPEED RESTRICTIONS
346.57
346.57
Speed restrictions. 346.57(1)(ag)
(ag) "Expressway" means a state trunk highway that, as determined by the department, has 4 or more lanes of traffic physically separated by a median or barrier and that gives preference to through traffic by utilizing interchanges or limiting at-grade access to selected public roads and public driveways.
346.57(1)(am)
(am) "Freeway" means a state trunk highway that has 4 or more lanes of traffic physically separated by a median or barrier and that gives preference to through traffic by limiting access to interchanges only.
346.57(1)(ar)
(ar) "Outlying district" means the territory contiguous to and including any highway within the corporate limits of a city or village where on each side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average more than 200 feet apart.
346.57(1)(b)
(b) "Semiurban district" means the territory contiguous to and including any highway where on either side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average not more than 200 feet apart or where the buildings in use for such purposes fronting on both sides of the highway considered collectively average not more than 200 feet apart.
346.57(2)
(2) Reasonable and prudent limit. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. The speed of a vehicle shall be so controlled as may be necessary to avoid colliding with any object, person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and using due care.
346.57(3)
(3) Conditions requiring reduced speed. The operator of every vehicle shall, consistent with the requirements of
sub. (2), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, when passing school children, highway construction or maintenance workers or other pedestrians, and when special hazard exists with regard to other traffic or by reason of weather or highway conditions.
346.57(4)
(4) Fixed limits. In addition to complying with the speed restrictions imposed by
subs. (2) and
(3), no person shall drive a vehicle at a speed in excess of the following limits unless different limits are indicated by official traffic signs:
346.57(4)(a)
(a) 15 miles per hour when passing a schoolhouse at those times when children are going to or from school or are playing within the sidewalk area at or about the school.
346.57(4)(b)
(b) 15 miles per hour when passing an intersection properly marked with a "school crossing" sign of a type approved by the department when children are present.
346.57(4)(c)
(c) 15 miles per hour when passing a safety zone occupied by pedestrians and at which a public passenger vehicle has stopped for the purpose of receiving or discharging passengers.
346.57(4)(e)
(e) 25 miles per hour on any highway within the corporate limits of a city or village, other than on highways in outlying districts in such city or village.
346.57(4)(em)
(em) 25 miles per hour on any service road within the corporate limits of a city or village unless modified by the authority in charge of the highway.
346.57(4)(f)
(f) 35 miles per hour in any outlying district within the corporate limits of a city or village.
346.57(4)(g)
(g) 35 miles per hour on any highway in a semiurban district outside the corporate limits of a city or village.
346.57(4)(gm)
(gm) 65 miles per hour on any freeway or expressway.
346.57(4)(h)
(h) In the absence of any other fixed limits or the posting of limits as required or authorized by law, 55 miles per hour.
346.57(4)(i)
(i) 15 miles per hour on any street or town road, except a state trunk highway or connecting highway, within, contiguous to or adjacent to a public park or recreation area when children are going to or from or are playing within such area, when the local authority has enacted an ordinance regulating such traffic and has properly marked such area with official traffic control devices erected at such points as said authority deems necessary and at those points on the streets or town roads concerned where persons traversing the same would enter such area from an area where a different speed limit is in effect.
346.57(4)(j)
(j) 35 miles per hour on any town road where on either side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average less than 150 feet apart, provided the town board has adopted an ordinance determining such speed limit and has posted signs at such points as the town board deems necessary to give adequate warning to users of the town road.
346.57(4)(k)
(k) 45 miles per hour on any highway designated as a rustic road under
s. 83.42.
346.57(5)
(5) Zoned and posted limits. In addition to complying with the speed restrictions imposed by
subs. (2) and
(3), no person shall drive a vehicle in excess of any speed limit established pursuant to law by state or local authorities and indicated by official signs.
346.57(6)
(6) Certain statutory limits to be posted. 346.57(6)(a)(a) On state trunk highways and connecting highways and on county trunk highways or highways marked and signed as county trunks, the speed limits specified in
sub. (4) (e) and
(f) are not effective unless official signs giving notice thereof have been erected by the authority in charge of maintenance of the highway in question. The speed limit specified in
sub. (4) (g) and
(k) is not effective on any highway unless official signs giving notice thereof have been erected by the authority in charge of maintenance of the highway in question. The signs shall be erected at such points as the authority in charge of maintenance deems necessary to give adequate warning to users of the highway in question, but an alleged failure to post a highway as required by this paragraph is not a defense to a prosecution for violation of the speed limits specified in
sub. (4) (e),
(f),
(g) or
(k), or in an ordinance enacted in conformity therewith, if official signs giving notice of the speed limit have been erected at those points on the highway in question where a person traversing such highway would enter it from an area where a different speed limit is in effect.
346.57(6)(b)
(b) The limit specified under
sub. (4) (gm) is not effective unless official signs giving notice of the limit have been erected by the department.
346.57 Annotation
While (2) is related to (3), it is not limited by (3), and (3) creates a greater duty in respect to speed than (2) does. Thoreson v. Milwaukee & S. Transport Corp. 56 W (2d) 231, 201 NW (2d) 745.
346.57 Annotation
Court establishes guidelines for prosecution of speeding citations issued on basis of moving speed radar device. State v. Hanson, 85 W (2d) 233, 270 NW (2d) 212 (1978).
346.57 Annotation
Prima facie presumption of accuracy applies to stationary radar device. City of Wauwatosa v. Collett, 99 W (2d) 522, 299 NW (2d) 620 (Ct. App. 1980).
346.57 Annotation
Moving radar speed detection device guidelines discussed. State v. Kramer, 99 W (2d) 700, 299 NW (2d) 882 (1981).
346.57 Annotation
Actor may claim defense of legal justification if conduct of law enforcement officer causes actor reasonably to believe that violating law is only means of preventing bodily harm to actor or another and causes actor to violate law. State v. Brown, 107 W (2d) 44, 318 NW (2d) 370 (1982).
346.57 Annotation
This section does not impose upon driver absolute liability to avoid accidents. Millonig v. Bakken, 112 W (2d) 445, 334 NW (2d) 80 (1983).
346.57 Annotation
Presumption of accuracy of moving radar device discussed. Elements of Hanson/Kramer criteria explained. Washington County v. Luedtke, 135 W (2d) 131, 399 NW (2d) 906 (1987).
346.58
346.58
Special speed restrictions for certain vehicles. In addition to complying with other speed restrictions imposed by law, no person shall drive any of the following types of vehicles at a speed in excess of the limits fixed by this section:
346.58(1)
(1) 15 miles per hour for any vehicle equipped with metal or solid rubber tires. "Metal tire" means a tire the surface of which in contact with the highway is wholly or partially of metal or other hard, nonresilient material; "solid rubber tire" means a tire made of rubber but not inflated with compressed air.
346.59
346.59
Minimum speed regulation. 346.59(1)
(1) No person shall drive a motor vehicle at a speed so slow as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or is necessary to comply with the law.
346.59(2)
(2) The operator of a vehicle moving at a speed so slow as to impede the normal and reasonable movement of traffic shall, if practicable, yield the roadway to an overtaking vehicle whenever the operator of the overtaking vehicle gives audible warning with a warning device and shall move at a reasonably increased speed or yield the roadway to overtaking vehicles when directed to do so by a traffic officer.
346.59 History
History: 1977 c. 100.
346.595
346.595
Motorcycles and mopeds. Whenever a motorcycle or a moped is operated the following rules apply:
346.595(1)
(1) All motor vehicles including motorcycles and mopeds are entitled to the full use of a traffic lane and no vehicle may be driven or operated in such a manner so as to deprive any other vehicle of the full use of a traffic lane. With the consent of both drivers, Type 1 motorcycles may be operated not more than 2 abreast in a single lane, but mopeds may be so operated only where the speed limit is 25 miles per hour or less.
346.595(2)
(2) No person shall ride any motorcycle or moped while in a side-saddle position.
346.595(3)
(3) No passenger may ride a Type 1 motorcycle who, when properly seated, cannot rest the feet on assigned foot rests or pegs. No passenger may ride on a moped.
346.595(3m)
(3m) No more than 2 persons may ride on a motorcycle having 2 wheels in tandem during operation unless a sidecar has been attached to the motorcycle as provided in
s. 340.01 (32) (a) 1. and the additional passengers are provided with adequate seating within the sidecar.
346.595(4)
(4) No passenger shall ride in front of the operator on a motorcycle.
346.595(5)
(5) The headlamps on motorcycles shall be lighted whenever the motorcycle is in operation. Motorcycles may be operated to the nearest repair facility for headlamp repair in the event of mechanical or electrical headlamp failure except during hours of darkness. Mopeds shall observe the requirements for lighted headlamps and tail lamps under
s. 347.06.
346.595(6)
(6) On any road for which the speed limit is more than 25 miles per hour, mopeds shall be operated only when riding single-file in the extreme right-hand lane. No person may operate a moped on any restricted access highway.
346.595 Annotation
The provision requiring headlamps to be lighted is constitutional. Kenosha v. Dosemagen, 54 W (2d) 269, 195 NW (2d) 462.
