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.
346.60
346.60
Penalty for violating sections 346.57 to 346.595. 346.60(1)(1) Except as provided in
sub. (5), any person violating
s. 346.59 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.
346.60(3)
(3) Except as provided in
sub. (3m) or
(5), any person violating
s. 346.57 (2),
(3) or
(4) (a) to
(c) may be required to forfeit not less than $40 nor more than $300 for the first offense and may be required to forfeit not less than $80 nor more than $600 for the 2nd or subsequent conviction within a year.
346.60(3m)
(3m) If an operator of a vehicle violates
s. 346.57 (2),
(3) ,
(4) (d) to
(h) or
(5) where persons engaged in work in a highway maintenance or construction area are at risk from traffic, any applicable minimum and maximum forfeiture specified in
sub. (2) or
(3) for the violation shall be doubled.
346.60(4)
(4) Any person violating
s. 346.595 may be required to forfeit not less than $30 nor more than $300.
346.60(5)(a)(a) Any operator of a bicycle who violates
s. 346.57 may be required to forfeit not more than $20.
346.60(5)(b)
(b) Any operator of a bicycle who violates
s. 346.59 may be required to forfeit not more than $10.
346.60 Annotation
Sub. (4) is not unconstitutionally irrational. State v. King, 187 W (2d) 547, 523 NW (2d) 159 (Ct. App. 1994).
RECKLESS AND DRUNKEN DRIVING
346.61
346.61
Applicability of sections relating to reckless and drunken driving. In addition to being applicable upon highways,
ss. 346.62 to
346.64 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employes for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof.
Sections 346.62 to
346.64 do not apply to private parking areas at farms or single-family residences.
346.61 History
History: 1995 a. 127.
346.61 Annotation
Privately owned parking lot was not included under this section. City of Kenosha v. Phillips, 142 W (2d) 549, 419 NW (2d) 236 (1988).
346.61 Annotation
A parking lot for patrons of a business is held out for the use of the public under this section. City of LaCrosse v. Richling, 178 W (2d) 856, 505 NW (2d) 448 (Ct. App. 1993).
346.62
346.62
Reckless driving. 346.62(2)
(2) No person may endanger the safety of any person or property by the negligent operation of a vehicle.
346.62(3)
(3) No person may cause bodily harm to another by the negligent operation of a vehicle.
346.62(4)
(4) No person may cause great bodily harm to another by the negligent operation of a vehicle.
346.62 History
History: 1987 a. 399.
346.62 Note
Judicial Council Note, 1988: The revisions contained in subs. (2) and (3) are intended as editorial, not substantive, as is the substitution of a cross-reference to s. 939.25 (2) for the prior definition of a high degree of negligence. New sub. (4) carries forward the crime created by
1985 Wisconsin Act 293. [Bill 191-S]
346.62 Annotation
The fact that defendant was an experienced stock car driver is not a defense to a charge of reckless driving. State v. Passarelli, 55 W (2d) 78, 197 NW (2d) 740.
346.62 Annotation
Sub. (4) is not unconstitutionally irrational. State v. King, 187 W (2d) 547, 523 NW (2d) 159 (Ct. App. 1994).
346.63
346.63
Operating under influence of intoxicant or other drug. 346.63(1)(1) No person may drive or operate a motor vehicle while:
346.63(1)(a)
(a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or
346.63(1)(b)
(b) The person has a prohibited alcohol concentration.
346.63(1)(c)
(c) A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of
par. (a) or
(b) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both
pars. (a) and
(b), the offenses shall be joined. If the person is found guilty of both
pars. (a) and
(b) 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
ss. 343.30 (1q) and
343.305.
Paragraphs (a) and
(b) each require proof of a fact for conviction which the other does not require.
346.63(2)(a)(a) It is unlawful for any person to cause injury to another person by the operation of a vehicle while:
346.63(2)(a)1.
1. Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or
346.63(2)(a)3.
3. 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
ss. 343.30 (1q) and
343.305.
Subdivisions 1. and
2. each require proof of a fact for conviction which the other does not require.
346.63(2)(b)
(b) In an action under this subsection, 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, a controlled substance, a controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or did not have a prohibited alcohol concentration described under
par. (a) 2.
346.63 Note
NOTE: Par. (b) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
346.63(2m)
(2m) If a person has not attained the age of 19, the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1. One penalty for violation of this subsection is suspension of a person's operating privilege under
s. 343.30 (1p). The person is eligible for an occupational license under
s. 343.10 at any time. If a person arrested for a violation of this subsection refuses to take a test under
s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under
s. 343.305 (10) (em).
