23.33(4)(e)5.
5. With due regard to safety and in compliance with rules promulgated by the department and approved by the department of transportation.
23.33(4c)
(4c) Intoxicated operation of an all-terrain vehicle. 23.33(4c)(a)1.1. `Operating while under the influence of an intoxicant.' No person may operate an all-terrain vehicle while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle.
23.33(4c)(a)2.
2. `Operating with alcohol concentrations at or above specified levels.' No person may engage in the operation of an all-terrain vehicle while the person has an alcohol concentration of 0.1 or more.
23.33(4c)(a)3.
3. `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 an all-terrain vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1.
23.33(4c)(a)4.
4. `Related charges.' 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., the offenses shall be joined. 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
sub. (13) (b) 2. and
3. Subdivisions 1. and
2. each require proof of a fact for conviction which the other does not require.
23.33(4c)(b)1.1. ` 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 operation of an all-terrain vehicle may cause injury to another person by the operation of an all-terrain vehicle.
23.33(4c)(b)2.
2. `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 an all-terrain vehicle.
23.33(4c)(b)3.
3. `Related charges.' 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
sub. (13) (b) 2. and
3. Subdivisions 1. and
2. each require proof of a fact for conviction which the other does not require.
23.33(4c)(b)4.
4. `Defenses.' In an action under this paragraph, 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.
23.33(4g)
(4g) Preliminary breath screening test. 23.33(4g)(a)(a)
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 operation of an all-terrain vehicle law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.
23.33(4g)(b)
(b)
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 operation of an all-terrain vehicle law or for the purpose of deciding whether or not to request a chemical test under
sub. (4p). Following the preliminary breath screening test, chemical tests may be required of the person under
sub. (4p).
23.33(4g)(c)
(c)
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
sub. (4p).
23.33(4g)(d)
(d)
Refusal. There is no penalty for a violation of
par. (a).
Subsection (13) (a) and the general penalty provision under
s. 939.61 do not apply to that violation.
23.33(4j)
(4j) Applicability of the intoxicated operation of an all-terrain vehicle law. In addition to being applicable upon highways, the intoxicated operation of an all-terrain vehicle law is applicable upon all premises held out to the public for use of their all-terrain vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof.
23.33(4L)
(4L) Implied consent. Any person who engages in the operation of an all-terrain vehicle upon the public highways of this state, or in those areas enumerated in
sub. (4j), 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
sub. (4p). Any person who engages in the operation of an all-terrain vehicle 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
sub. (4p).
23.33(4p)(a)1.1. `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 operation of an all-terrain vehicle 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 operation of an all-terrain vehicle law and if he or she is requested to submit to the test by a law enforcement officer.
23.33(4p)(a)2.
2. `Information.' A law enforcement officer requesting a person to provide a sample or to submit to a chemical test under
subd. 1. 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:
23.33(4p)(a)2.b.
b. That a refusal to provide a sample or to submit to a chemical test constitutes a violation under
par. (e) and is subject to the same penalties and procedures as a violation of
sub. (4c) (a) 1.
23.33(4p)(a)2.c.
c. That in addition to the designated chemical test under
par. (b) 2., he or she may have an additional chemical test under
par. (c) 1.
23.33(4p)(a)3.
3. `Unconscious person.' A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated operation of an all-terrain vehicle law, one or more chemical tests may be administered to the person without a request under
subd. 1. and without providing information under
subd. 2.
23.33(4p)(b)1.1. `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.
23.33(4p)(b)2.
2. `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.
23.33(4p)(b)3.
3. `Additional chemical test.' A test facility shall specify one chemical test of breath, blood or urine, other than the test designated under
subd. 2., which it is prepared to administer for the purpose of authorized analysis as an additional chemical test.
23.33(4p)(b)4.
4. `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 subsection. Blood may be withdrawn from a person arrested for a violation of the intoxicated operation of an all-terrain vehicle 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
23.33(4p)(b)5.
5. `Report.' A test facility which administers a chemical test of breath, blood or urine for the purpose of authorized analysis under this subsection shall prepare a written report which shall include the findings of the chemical test, the identification of the law enforcement officer or the person who requested a chemical test and the identification of the person who provided the sample or submitted to the chemical test. The test facility shall transmit a copy of the report to the law enforcement officer and the person who provided the sample or submitted to the chemical test.
23.33(4p)(c)1.1. `Additional chemical test.' If a person is arrested for a violation of the intoxicated operation of an all-terrain vehicle law or is the operator of an all-terrain vehicle involved in an accident resulting in great bodily harm to or the death of someone and if the person is requested to provide a sample or to submit to a test under
par. (a) 1., the person may request the test facility to administer the additional chemical test specified under
par. (b) 3. or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood or urine for the purpose of authorized analysis.
23.33(4p)(c)2.
2. `Optional test.' If a person is arrested for a violation of the intoxicated operation of an all-terrain vehicle law and if the person is not requested to provide a sample or to submit to a test under
par. (a) 1., the person may request the test facility to administer a chemical test of his or her breath or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the designated chemical test under
par. (b) 2. or the additional chemical test under
par. (b) 3.
23.33(4p)(c)3.
3. `Compliance with request.' A test facility shall comply with a request under this paragraph to administer any chemical test it is able to perform.
23.33(4p)(c)4.
4. `Inability to obtain chemical test.' The failure or inability of a person to obtain a chemical test at his or her own expense does not preclude the admission of evidence of the results of a chemical test required and administered under
pars. (a) and
(b).
23.33(4p)(d)
(d)
Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under
par. (a),
(b) or
(c) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated operation of an all-terrain vehicle law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations at or above specified levels. Results of these chemical tests shall be given the effect required under
s. 885.235. This subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.
23.33(4p)(e)
(e)
Refusal. No person may refuse a lawful request to provide one or more samples of his or her breath, blood or urine or to submit to one or more chemical tests under
par. (a). A person shall not be deemed to refuse to provide a sample or to submit to a chemical test if it is shown by a preponderance of the evidence that the refusal was due to a physical inability to provide the sample or to submit to the test due to a physical disability or disease unrelated to the use of an intoxicant. Issues in any action concerning violation of
par. (a) or this paragraph are limited to:
23.33(4p)(e)1.
1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated the intoxicated operation of an all-terrain vehicle law.
23.33(4p)(e)2.
2. Whether the person was lawfully placed under arrest for violating the intoxicated operation of an all-terrain vehicle law.
23.33(4p)(e)3.
3. Whether the law enforcement officer requested the person to provide a sample or to submit to a chemical test and provided the information required under
par. (a) 2. or whether the request and information was unnecessary under
par. (a) 3.
23.33(4p)(e)4.
4. Whether the person refused to provide a sample or to submit to a chemical test.
23.33(4t)
(4t) Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated operation of an all-terrain vehicle law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.
23.33(4x)
(4x) Officer's action after arrest for operating an all-terrain vehicle while under influence of intoxicant. A person arrested for a violation of
sub. (4c) (a) 1. or
2. or a local ordinance in conformity therewith or
sub. (4c) (b) 1. or
2. may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under
sub. (4p) (a) 1. shows that the person has an alcohol concentration of 0.05 or less, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.
23.33(4z)(a)(a) The department shall promulgate rules to provide for a public education program to:
23.33(4z)(a)1.
1. Inform all-terrain vehicle operators of the prohibitions and penalties included in the intoxicated operation of an all-terrain vehicle law.
23.33(4z)(a)2.
2. Provide for the development of signs briefly explaining the intoxicated operation of an all-terrain vehicle law.
23.33(4z)(b)
(b) The department shall develop and issue an educational pamphlet on the intoxicated operation of an all-terrain vehicle law to be distributed, beginning in 1989, to persons issued all-terrain vehicle registration certificates under
subs. (2) and
(2g).
23.33(5)
(5) Age restrictions; safety certification program. 23.33(5)(a)(a) Age restriction. No person under 12 years of age may operate an all-terrain vehicle unless he or she is operating the all-terrain vehicle for an agricultural purpose and he or she is under the supervision of a person over 18 years of age or unless he or she is operating a small all-terrain vehicle on an all-terrain vehicle trail designated by the department and he or she is accompanied by his or her parent. No person who is under 12 years of age may operate an all-terrain vehicle which is an implement of husbandry on a roadway under any circumstances. No person who is under 12 years of age may operate an all-terrain vehicle on a roadway under the authorization provided under
sub. (4) (d) 6. under any circumstances. No person who is under 12 years of age may rent or lease an all-terrain vehicle. For purposes of this paragraph, supervision does not require that the person under 12 years of age be subject to continuous direction or control by the person over 18 years of age.
23.33(5)(b)
(b)
All-terrain vehicle safety certificate. A person who is at least 12 years of age but under 16 years of age may not operate an all-terrain vehicle unless he or she holds a valid all-terrain vehicle safety certificate or is accompanied by a person over 18 years of age. A person who is at least 12 years of age but under 16 years of age may not operate an all-terrain vehicle on a roadway under the authorization provided under
sub. (4) (d) 6. unless he or she holds a valid all-terrain vehicle safety certificate regardless if he or she is accompanied by a person over 18 years of age. A person who is at least 12 years of age but under 16 years of age may not operate an all-terrain vehicle which is an implement of husbandry on a roadway under the authorization provided under
sub. (4) (d) 5. unless he or she holds a valid all-terrain vehicle safety certificate regardless if he or she is accompanied by a person over 18 years of age. A person who is at least 12 years of age but under 16 years of age may not rent or lease an all-terrain vehicle. A person who is at least 12 years of age but under 16 years of age who holds an all-terrain vehicle safety certificate shall carry it while he or she operates an all-terrain vehicle and shall display it to a law enforcement officer on request. Persons enrolled in a safety certification program approved by the department may operate an all-terrain vehicle in an area designated by the instructor.
23.33(5)(c)
(c)
Exceptions. Paragraphs (a) and
(b) do not apply to a person who operates an all-terrain vehicle exclusively on land under the management and control of the person's immediate family.
Paragraphs (a) and
(b) do not apply to a person at least 12 years of age but under 16 years of age who holds a valid certificate issued by another state or a province of Canada.
23.33(5)(d)
(d)
Safety certification program established. The department shall establish or supervise the establishment of a program of instruction on all-terrain vehicle laws, including the intoxicated operation of an all-terrain vehicle law, regulations, safety and related subjects. The department shall establish by rule an instruction fee for this program. An instructor conducting the program of instruction under this paragraph shall collect the fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department.
23.33(6)(a)(a) A person who operates an all-terrain vehicle during hours of darkness or during daylight hours on any highway right-of-way is required to display a lighted headlamp and tail lamp on the all-terrain vehicle.
23.33(6)(b)
(b) The headlamp on an all-terrain vehicle is required to display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle.
23.33(6)(c)
(c) The tail lamp on an all-terrain vehicle is required to display a red light plainly visible during hours of darkness from a distance of 500 feet to the rear.
23.33(6)(d)
(d) Every all-terrain vehicle is required to be equipped with at least one brake operated either by hand or by foot.
23.33(6)(e)
(e) Every all-terrain vehicle is required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester of a type approved by the U.S. forest service.
23.33(7)(a)(a) If an accident results in the death of any person or in the injury of any person which requires the treatment of the person by a physician, the operator of each all-terrain vehicle involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and shall file a written report of the accident with the department on the form provided by it within 10 days after the accident.
23.33(7)(b)
(b) If the operator of an all-terrain vehicle is physically incapable of making the report required by this subsection and there was another witness to the accident capable of making the report, the witness may make the report.
23.33(8)(a)(a)
Department authority. The department shall encourage and supervise a system of all-terrain vehicle routes and trails. The department may establish standards and procedures for certifying the designation of all-terrain vehicle routes and trails.
23.33(8)(b)
(b)
Routes. A town, village, city or county may designate highways as all-terrain vehicle routes. No state trunk highway or connecting highway may be designated as an all-terrain vehicle route unless the department of transportation approves the designation.
23.33(8)(c)
(c)
Trails. A town, village, city, county or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements or permission, for use as all-terrain vehicle trails.
23.33(8)(d)
(d)
Restrictions. The designating authority may specify effective periods for the use of all-terrain vehicle routes and trails and may restrict or prohibit the operation of an all-terrain vehicle during certain periods of the year.
23.33(8)(e)
(e)
Signs. The department, in cooperation with the department of transportation, shall establish uniform all-terrain vehicle route and trail signs and standards.
23.33(8)(f)
(f)
Interference with signs and standards prohibited. 23.33(8)(f)1.1. No person may intentionally remove, damage, deface, move or obstruct any uniform all-terrain vehicle route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain vehicle route or trail sign or standards if the sign or standard is legally placed by the state, any municipality or any authorized individual.
23.33(8)(f)2.
2. No person may possess any uniform all-terrain vehicle route or trail sign or standard of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform all-terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard creates a rebuttable presumption of illegal possession.
23.33(9)
(9) Administration; enforcement; aids. 23.33(9)(a)(a)
Enforcement. The department may utilize moneys received under
sub. (2) for all-terrain vehicle registration aids administration and for the purposes specified under
s. 20.370 (3) (as) and
(5) (er) including costs associated with enforcement, safety education, accident reports and analysis, law enforcement aids to counties, and other similar costs in administering and enforcing this section.
23.33(9)(b)
(b)
All-terrain vehicle projects. Any of the following all-terrain vehicle projects are eligible for funding as a state all-terrain vehicle project from the appropriation account under
s. 20.370 (1) (ms) or for aid as a nonstate all-terrain vehicle project from the appropriation accounts under
s. 20.370 (5) (ct) and
(cu):
23.33(9)(b)1.
1. Acquisition of an easement or land in fee simple.
23.33(9)(b)2.
2. An all-terrain vehicle facility such as a parking area, riding area, shelter, toilets or other improvement.
23.33(9)(b)3.
3. Development of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(b)4.
4. Development or maintenance of a snowmobile route or trail or an off-the-road motorcycle trail or facility if the route, trail or facility is open for use by all-terrain vehicles.
23.33(9)(b)5.
5. Maintenance of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(c)
(c)
Signs. In addition to the projects listed in
par. (b), the department may provide aid under this subsection to a town, village, city or county for up to 100% of the cost of placing signs developed under
sub. (4z) (a) 2.
23.33(10)
(10) Liability of landowners. Section 895.52 applies to this section.
23.33(11)(a)(a) Counties, towns, cities and villages may enact ordinances regulating all-terrain vehicles on all-terrain vehicle trails maintained by or on all-terrain vehicle routes designated by the county, city, town or village.
23.33(11)(am)
(am) Any county, town, city or village may enact an ordinance which is in strict conformity with this section and rules promulgated by the department under this section, if the ordinance encompasses all aspects encompassed by this section.
23.33(11)(b)
(b) If a county, town, city or village adopts an ordinance regulating all-terrain vehicles, its clerk shall immediately send a copy of the ordinance to the department and to the office of any law enforcement agency of the municipality or county having jurisdiction over any highway designated as an all-terrain vehicle route.
