350.04(2)(e)
(e) Snowmobile operation is not permitted on state trunk highways or connecting highways except as provided under
s. 350.02.
350.04(3)(a)(a) No county, town, city or village shall be liable for any injury suffered in connection with a race or derby under this section, unless the injury is caused by the negligence of the county, town, city or village.
350.04(3)(b)
(b) The county, town, city or village shall post the provisions of
par. (a) in a conspicuous place, readily accessible to all contestants and spectators, and shall assist in locating and identifying persons responsible for injuries that may occur.
350.045
350.045
Public utility exemption. So that public utilities may effectively carry out their obligations to the public, the restrictions imposed by this chapter relating to use on, near or adjacent to highways shall not apply to snowmobiles operated to fulfill the corporate function of the public utility in those cases where safety does not require strict adherence to the regulations related to snowmobiles in general. However, snowmobiles operated by public utilities must be operated in a safe manner at all times.
350.045 History
History: 1971 c. 277.
350.047
350.047
Local ordinance to be filed. Whenever a town, city or village adopts an ordinance designating a highway as a snowmobile route, and whenever a county, town, city or village adopts an ordinance regulating snowmobiles, its clerk shall immediately send a copy of the ordinance to the department and to the office of the law enforcement agency of the municipality and county having jurisdiction over such street or highway.
350.047 History
History: 1971 c. 277.
350.05
350.05
Operation by youthful operators restricted. 350.05(1)(1)
Age restriction. No person under the age of 12 years may operate a snowmobile unless the person is accompanied either by a parent or guardian or by a person over 18 years of age.
350.05(2)
(2) Snowmobile safety permit or operator's license required. No person over the age of 12 years but under the age of 16 years may operate a snowmobile unless he or she holds a valid snowmobile safety certificate or is accompanied by a person over 18 years of age or by a person over 14 years of age having a snowmobile safety certificate issued by the department. Any person who is over the age of 12 and under the age of 16 who holds a snowmobile safety certificate shall carry it while operating a snowmobile and shall display it to a law enforcement officer on request. Persons enrolled in a safety certification program approved by the department may operate a snowmobile in an area designated by the instructor.
350.05(3)
(3) Exceptions. This section does not apply to the operation of snowmobiles by an operator under the age of 16 years upon lands owned or leased by the operator's parent or guardian. As used in this section, "leased lands" does not include lands leased by an organization of which said operator or the operator's parent or guardian is a member.
350.05(4)
(4) Definition. For purposes of this section, "accompanied" means being on the same snowmobile as the operator.
350.055
350.055
Safety certification program established. The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. Persons satisfactorily completing this program shall receive certification from the department. The department may charge each person who enrolls in the course an instruction fee of $5. The department shall authorize instructors conducting such courses meeting standards established by it to retain $1 of the fee to defray expenses incurred locally to conduct the program. The remaining $4 of the fee shall be retained by the department to defray a part of its expenses incurred to conduct the safety and accident reporting program. A person over the age of 12 years but under the age of 16 years who holds a valid certificate issued by another state or province of the Dominion of Canada need not obtain a certificate from the department if the course content of the program in such other state or province substantially meets that established by the department under this section.
350.07
350.07
Driving animals. No person shall drive or pursue any animal with a snowmobile, except as a part of normal farming operations involving the driving of livestock.
350.07 History
History: 1971 c. 277.
350.08
350.08
Owner permitting operation. No owner or other person having charge or control of a snowmobile may knowingly authorize or permit any person to operate the snowmobile if the person is prohibited from operating a snowmobile under
s. 350.05, if the person is incapable of operating a snowmobile because of physical or mental disability or if the person is under the influence of an intoxicant.
350.09
350.09
Head lamps, tail lamps and brakes, etc. 350.09(1)
(1) Any snowmobile operated during the hours of darkness or operated during daylight hours on any highway right-of-way shall display a lighted head lamp and tail lamp.
350.09(2)
(2) After February 12, 1970, the head lamp on a snowmobile may be of the single beam or multiple beam type, but in either case shall comply with the following requirements and limitations:
350.09(2)(a)
(a) The head lamp shall be an electric head lamp and the current shall be supplied by a wet battery and electric generator, by a current-generating coil incorporated into the magneto or by a generator driven directly by the motor by means of gears, friction wheel, chain or belt.
350.09(2)(b)
(b) The head lamp shall display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of 200 feet ahead.
350.09(2)(c)
(c) If the snowmobile is equipped with a multiple beam head lamp, the upper beam shall meet the minimum requirements set forth in
par. (b) and the lower most beam shall be so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead.
350.09(2)(d)
(d) If the snowmobile is equipped with a single beam lamp, such lamp shall be so aimed that when the vehicle is loaded none of the high intensity portion of the light, at a distance of 25 feet ahead, projects higher than the level of the center of the lamp from which it comes.
350.09(3)
(3) After February 12, 1970, the tail lamp on a snowmobile must display a red light plainly visible during darkness from a distance of 500 feet to the rear.
350.09(4)
(4) Every snowmobile shall be equipped with at least one brake operated either by hand or by foot, capable of bringing the snowmobile to a stop, under normal conditions, within 40 feet when traveling at a speed of 20 miles per hour with a 150 pound driver on a level, hard-packed snow surface, or capable of locking the track on a level, hard-packed snow surface. The design shall permit simple and easy adjustment to compensate for wear. There shall be no other control linked to the brake which impairs braking operation.
350.09(5)
(5) All snowmobiles manufactured after July 1, 1972, and offered for sale or sold in this state shall be equipped with side marker reflectors meeting the visibility requirements of society of automotive engineers standards or reflex material standards in compliance with federal specifications.
350.09(6)
(6) No snowmobile shall be manufactured, sold, offered for sale, or operated unless it is equipped with a muffler in good working order, which blends the exhaust noise into the overall engine noise and is in constant operation to prevent excessive or unusual noise.
350.09(7)
(7) Every snowmobile manufactured after July 1, 1972, and offered for sale or sold in this state shall be so constructed as to limit total vehicle noise to not more than 82 decibels of A sound pressure at 50 feet, as measured by society of automotive engineers standards. Every snowmobile manufactured after July 1, 1975, and offered for sale or sold in this state shall be so constructed as to limit total vehicle noise to not more than 78 decibels of A sound pressure, as measured by society of automotive engineers standards. No snowmobile shall be modified by any person in any manner that shall amplify or otherwise increase total noise emission above that emitted by the snowmobile as originally constructed, regardless of date of manufacture.
350.09(8)
(8) Subsection (7) does not apply to snowmobiles competing in a sanctioned race or derby or to snowmobiles being tested by manufacturers, distributors or dealers on lands under their control.
350.09(8m)
(8m) No person may operate, offer for sale or sell a snowmobile that is manufactured after May 7, 1994, if the width of the snowmobile exceeds 48 inches.
350.09(9)
(9) All snowmobiles competing in a sanctioned race or derby shall be equipped with a device wired into the motor's electrical system that will shut off the motor if the operator falls from the snowmobile or otherwise leaves the operator's position. The device shall be capable of being attached to the body of the operator, and shall be so attached when the snowmobile is being operated.
350.10
350.10
Miscellaneous provisions for snowmobile operation. 350.10(1)(1) No person shall operate a snowmobile in the following manner:
350.10(1)(a)
(a) At a rate of speed that is unreasonable or improper under the circumstances.
350.10(1)(b)
(b) In any careless way so as to endanger the person or property of another.
350.10(1)(c)
(c) Without complying with all stop signs, yield signs or other regulatory signs established by rule under
s. 350.13 that are located along snowmobile routes, snowmobile trails or other established snowmobile corridors that are open to the public.
350.10(1)(d)
(d) In such a way that the exhaust of the motor makes an excessive or unusual noise.
350.10(1)(f)
(f) On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for snowmobile use. Any other motor-driven craft or vehicle principally manufactured for off-highway use shall at all times have the consent of the owner before operation of such craft or vehicle on private lands.
350.10(1)(g)
(g) Between the hours of 10:30 p.m. and 7 a.m. when within 150 feet of a dwelling at a rate of speed exceeding 10 miles per hour.
350.10(1)(h)
(h) In any forest nursery, planting area or on public lands posted or reasonably identified as an area of forest or plant reproduction when growing stock may be damaged.
350.10(1)(i)
(i) On the frozen surface of public waters within 100 feet of a person not in or upon a vehicle or within 100 feet of a fishing shanty unless operated at a speed of 10 miles per hour or less.
350.10(1)(j)
(j) On a slide, ski or skating area except for the purpose of serving the area, crossing at places where marked or after stopping and yielding the right-of-way.
350.10(1)(k)
(k) On or across a cemetery, burial ground, school or church property without consent of the owner.
350.10(1)(L)
(L) On the lands of an operating airport or landing facility except for personnel in performance of their duties or with consent.
350.10(1)(m)
(m) On Indian lands without the consent of the tribal governing body or Indian owner. For purposes of this paragraph, "Indian lands" means lands owned by the United States and held for the use or benefit of Indian tribes, bands, or individual Indians and lands owned by Indian tribes, bands, or individual Indians which are subject to restrictions on alienation. Failure to post Indian lands does not imply consent for snowmobile use. Any other motor-driven craft or vehicle principally manufactured for off-highway use shall at all times have the consent of the owner before operation of such craft or vehicle on private lands.
350.10(2)
(2) Subsection (1) (c) does not apply to a person operating a snowmobile on land under the management and control of the person's immediate family.
350.101
350.101
Intoxicated snowmobiling. 350.101(1)(a)(a) Operating while under the influence of an intoxicant. No person may engage in the operation of a snowmobile while under the influence of an intoxicant to a degree which renders him or her incapable of safe snowmobile operation.
350.101(1)(b)
(b) Operating with alcohol concentrations at or above specified levels. No person may engage in the operation of a snowmobile while the person has an alcohol concentration of 0.1 or more.
350.101(1)(c)
(c) 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 a snowmobile while he or she has an alcohol concentration of more than 0.0 but not more than 0.1.
350.101(1)(d)
(d)
Related charges. 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
s. 350.11 (3) (a) 2. and
3. Paragraphs (a) and
(b) each require proof of a fact for conviction which the other does not require.
350.101(2)(a)(a)
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 snowmobile operation may cause injury to another person by the operation of a snowmobile.
350.101(2)(b)
(b)
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 a snowmobile.
350.101(2)(c)
(c)
Related charges. 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) in the complaint, the crimes shall be joined under
s. 971.12. 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
s. 350.11 (3) (a) 2. and
3. Paragraphs (a) and
(b) each require proof of a fact for conviction which the other does not require.
350.101(2)(d)
(d)
Defenses. 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 or did not have an alcohol concentration of 0.1 or more.
350.102
350.102
Preliminary breath screening test. 350.102(1)(1)
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 snowmobiling law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.
350.102(2)
(2) 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 snowmobiling law or for the purpose of deciding whether or not to request a chemical test under
s. 350.104. Following the preliminary breath screening test, chemical tests may be required of the person under
s. 350.104.
350.102(3)
(3) 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
s. 350.104.
350.102(4)
(4) Refusal. There is no penalty for a violation of
sub. (1).
Section 350.11 (1) and the general penalty provision under
s. 939.61 do not apply to that violation.
350.102 History
History: 1987 a. 399.
350.1025
350.1025
Application of intoxicated snowmobiling law. Except as provided in this section, the intoxicated snowmobiling law is applicable to all property, whether the property is publicly or privately owned and whether or not a fee is charged for the use of that property. The intoxicated snowmobiling law does not apply to the operation of a snowmobile on private land not designated as a snowmobile trail unless an accident involving personal injury occurs as the result of the operation of a snowmobile and the snowmobile was operated on the private land without the consent of the owner of that land.
350.1025 History
History: 1987 a. 399;
1991 a. 91.
350.103
350.103
Implied consent. Any person who engages in the operation of a snowmobile upon the public highways of this state, or in those areas enumerated in
s. 350.1025, 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
s. 350.104. Any person who engages in the operation of a snowmobile 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
s. 350.104.
350.103 History
History: 1987 a. 399.
350.104(1)(a)(a)
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 snowmobiling 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 snowmobiling law and if he or she is requested to submit to the test by a law enforcement officer.
350.104(1)(b)
(b)
Information. A law enforcement officer requesting a person to provide a sample or to submit to a chemical test under
par. (a) 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:
350.104(1)(b)2.
2. That a refusal to provide a sample or to submit to a chemical test constitutes a violation under
sub. (5) and is subject to the same penalties and procedures as a violation of
s. 350.101 (1) (a).
350.104(1)(b)3.
3. That in addition to the designated chemical test under
sub. (2) (b), he or she may have an additional chemical test under
sub. (3) (a).
350.104(1)(c)
(c)
Unconscious person. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subsection, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated snowmobiling law, one or more chemical tests may be administered to the person without a request under
par. (a) and without providing information under
par. (b).
350.104(2)(a)(a)
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.
350.104(2)(b)
(b)
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.
350.104(2)(c)
(c)
Additional chemical test. A test facility shall specify one chemical test of breath, blood or urine, other than the test designated under
par. (b), which it is prepared to administer for the purpose of authorized analysis as an additional chemical test.
350.104(2)(d)
(d) 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 section. Blood may be withdrawn from a person arrested for a violation of the intoxicated snowmobiling 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
