347.48(2m)(f)2.
2. This subsection does not apply to a privately owned motor vehicle while being operated by a rural letter carrier for the delivery of mail or while being operated by a delivery person for the delivery of newspapers or periodicals.
347.48(2m)(f)3.
3. This subsection does not apply to a motor vehicle while being operated by a land surveying crew while conducting a land survey along or upon the highway.
347.48(2m)(f)7.
7. This subsection does not apply to a farm truck or dual purpose farm truck while being used in conjunction with the planting or harvesting of crops and not being operated upon the highway.
347.48(2m)(g)
(g) Evidence of compliance or failure to comply with
par. (b),
(c) or
(d) is admissible in any civil action for personal injuries or property damage resulting from the use or operation of a motor vehicle. Notwithstanding
s. 895.045, with respect to injuries or damages determined to have been caused by a failure to comply with
par. (b),
(c) or
(d), such a failure shall not reduce the recovery for those injuries or damages by more than 15%. This paragraph does not affect the determination of causal negligence in the action.
347.48(2m)(gm)
(gm) Notwithstanding
s. 349.02, a law enforcement officer may not stop or inspect a vehicle solely to determine compliance with this subsection or
sub. (1) or
(2) or a local ordinance in conformity with this subsection,
sub. (1) or
(2) or rules of the department. This paragraph does not limit the authority of a law enforcement officer to issue a citation for a violation of this subsection or
sub. (1) or
(2) or a local ordinance in conformity with this subsection,
sub. (1) or
(2) or rules of the department observed in the course of a stop or inspection made for other purposes, except that a law enforcement officer may not take a person into physical custody solely for a violation of this subsection or
sub. (1) or
(2) or a local ordinance in conformity with this subsection,
sub. (1) or
(2) or rules of the department.
347.48(3m)
(3m) Safety belt information program. The department shall develop and administer a public information program to promote safety belt awareness and use.
347.48(4)
(4) Child safety restraint systems required; standards; exemptions. 347.48(4)(a)1.1. No person may transport a child under the age of 4 in a motor vehicle unless the child is properly restrained in a child safety restraint system approved by the department. In this subdivision, "properly restrained" means fastened in a manner prescribed by the manufacturer of the system which permits the system to act as a body restraint but does not include a system in which the only body restraint is a safety belt of the type required under
sub. (1). The department shall, by rule, establish standards in compliance with applicable federal standards for approved types of child safety restraint systems for those child restraint systems purchased after November 1, 1982.
347.48(4)(a)2.
2. No person may transport a child who is at least 4 years old but less than 8 years old in a motor vehicle unless the child is properly restrained in a child safety restraint system approved by the department under
subd. 1. or in a safety belt approved by the department under
sub. (2). In this subdivision, "properly restrained" means fastened in a manner prescribed by the manufacturer of the system which permits the system to act as a body restraint.
347.48(4)(a)3.
3. Notwithstanding
subds. 1. and
2., a person other than the operator of a motor vehicle transporting a child required to be properly restrained under
subd. 1. or
2. may temporarily remove a child from a safety restraint system to attend to the personal needs of the child under all of the following conditions:
347.48(4)(a)3.a.
a. When the child safety restraint system is attached to a back passenger seat.
347.48(4)(a)3.b.
b. When the person attending to the child's personal needs is seated in a back passenger seat.
347.48(4)(a)3.c.
c. When the person physically restrains the child while attending to the child's personal needs.
347.48(4)(b)
(b) The department may, by rule, exempt from the requirements under
par. (a) any child who because of a physical or medical condition or body size cannot be placed in a child safety restraint system or safety belt.
347.48(4)(c)
(c) This subsection does not apply if the motor vehicle is a motor bus, school bus, taxicab, moped, motorcycle or is not required to be equipped with safety belts under
sub. (1) or
49 CFR 571.
347.48(4)(d)
(d) Evidence of compliance or failure to comply with
par. (a) is admissible in any civil action for personal injuries or property damage resulting from the use or operation of a motor vehicle but failure to comply with
par. (a) does not by itself constitute negligence.
347.48 Annotation
"Seat belt negligence" and "passive negligence" are distinguished. Jury instructions regarding seat belts are recommended. A method for apportioning damages in seat belt negligence cases is adopted. Foley v. City of West Allis,
113 Wis. 2d 475,
335 N.W.2d 824 (1983).
347.48 Annotation
A common law action for contribution may not be brought against a person who violates sub. (2m) (g). Gaertner v. Holcka,
219 Wis. 2d 436,
580 N.W.2d 271 (1998).
347.48 Annotation
A statute requiring the wearing of seat belts in motor vehicles would be constitutional. 58 Atty. Gen. 241.
347.48 Annotation
The seat belt defense—state of the law. Kircher, 53 MLR 172.
347.48 Annotation
The seat belt defense—the trial lawyer's view. Bowman, 53 MLR 191.
347.48 Annotation
Practical defense problems—the expert's view. Huelke, 53 MLR 203.
347.48 Annotation
The seat belt as a cause of injury. Snyder, 53 MLR 211.
347.485
347.485
Protective headgear for use on Type 1 motorcycles. 347.485(1)(a)(a) No person who holds an instructional permit under
s. 343.07 (4) or who is under 18 years of age may operate or ride upon a Type 1 motorcycle on any highway unless the person is wearing protective headgear of a type which meets the standards established for motorcycle operation in
49 CFR 571.218 and the chin strap is properly fastened.
347.485(1)(am)
(am) No person may operate a Type 1 motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear.
347.485(1)(b)
(b) No person may sell or offer for sale any protective headgear for use by a driver or passenger on a Type 1 motorcycle, not meeting the standards established for motorcycle operation in
49 CFR 571.218.
347.485(2)(a)(a) No person may operate a motorcycle on any highway without wearing any of the following eye protection:
347.485(2)(b)
(b) Except for photosensitive corrective glasses prescribed by an ophthalmologist, physician, oculist or optometrist, eye protection worn during hours of darkness may not be tinted or darkened.
347.485(2)(c)
(c) Notwithstanding
par. (a), if the motorcycle is a Type 2 motorcycle equipped with a windshield or a Type 1 motorcycle equipped with a windshield that rises a minimum of 15 inches above the handlebar, the use of other eye protective devices is not mandatory.
347.485(2)(d)
(d) This subsection shall not apply to persons operating a motorcycle in a parade sanctioned by the local municipality.
347.485(3)
(3) No person may rent, lease or loan a Type 1 motorcycle to another unless he or she has ascertained that such party has the required eye protection and, if the party holds an instructional permit under
s. 343.07 (4) or is under 18 years of age, that the party has the required protective headgear for operating the Type 1 motorcycle.
347.485(4)
(4) Every person in the Type 1 motorcycle rental business shall have clean, usable protective headgear for rent in sufficient quantity to care for the needs of all customers.
347.485 Annotation
Three-wheeled trucks and automobiles, golf carts, and other special purpose vehicles such as street sweepers, industrial fork-lifts, and motorized wheelbarrows are not motorcycles, and operators are not subject to this section. 58 Atty. Gen. 17.
347.486
347.486
General requirements. 347.486(1)
(1) No person may operate a Type 1 motorcycle if the handlegrips of the handlebars rise more than 30 inches above the lowest point of the top of the driver's seat when the seat is occupied.
347.486(2)
(2) No person may operate a Type 1 motorcycle with an improvised, defective or repaired handlebar.
347.486(3)
(3) No person may operate a motorcycle without a functioning muffler.
347.487
347.487
Seating requirements. Except as provided in
s. 346.595 (3m), no more than 2 persons may ride on a Type 1 motorcycle during operation, and then only if the vehicle is equipped and designed with adequate seats and foot rests or pegs. Foot rests or pegs shall be mounted in accordance with manufacturer's specifications. In the absence of manufacturer's specifications, foot rests or pegs for the passenger shall be located on the same horizontal plane as those of the operator.
347.487 History
History: 1983 a. 243;
1985 a. 65.
347.488
347.488
Moped equipment. No person may operate a moped unless:
347.488(1)
(1) The moped complies with all federal emission, equipment and safety standards applicable at the time of manufacture;
347.488(2)
(2) None of the original equipment installed on the moped by the manufacturer has been replaced with equipment of lesser performance characteristics; and
347.488(3)
(3) The performance characteristics of the moped have not been altered so as to enable it to exceed the maximum design speed authorized for a moped under
s. 340.01 (29m).
347.488 History
History: 1977 c. 288.
347.489
347.489
Lamps and other equipment on bicycles and motor bicycles. 347.489(1)(1) No person may operate a bicycle or motor bicycle upon a highway, sidewalk, bicycle lane or bicycle way during hours of darkness unless the bicycle or motor bicycle is equipped with or the operator is wearing a lamp emitting a white light visible from a distance of at least 500 feet to the front of the bicycle or motor bicycle. A bicycle or motor bicycle shall also be equipped with a red reflector that has a diameter of at least 2 inches of surface area on the rear so mounted and maintained as to be visible from all distances from 50 to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red or flashing amber light visible from a distance of 500 feet to the rear may be used in addition to but not in lieu of the red reflector.
347.489(2)
(2) No person may operate a bicycle or motor bicycle upon a highway, bicycle lane or bicycle way unless it is equipped with a brake in good working condition, adequate to control the movement of and to stop the bicycle or motor bicycle whenever necessary.
347.489(3)
(3) No bicycle or motor bicycle may be equipped with nor may any person riding upon a bicycle or motor bicycle use any siren or compression whistle.
347.489 History
History: 1973 c. 182,
333;
1977 c. 208;
1983 a. 243 s.
39; Stats. 1983 s. 347.489;
1995 a. 138.
347.49
347.49
Equipment of vehicles transporting flammable liquids. 347.49(1)(1) In this section, "flammable liquid" means any gasoline, naphtha, benzine, fuel oil, crude oil, kerosene or other liquid which has a flashpoint of 80° F. or less as determined by a Tagliabue or equivalent closed-cup test device.
347.49(2)
(2) No person shall transport in or on any motor vehicle, trailer or semitrailer upon a highway any flammable liquid except by tank mounted on or attached to or structurally a part of such motor vehicle, trailer or semitrailer and which is plainly marked to show that flammable liquids are being transported therein.
347.49(3)
(3) This section does not apply to transportation of flammable liquids as freight only by the consumer from the place of purchase to the place of consumption if such liquids are transported in drums or other containers having a capacity of not more than 100 gallons each and if the total amount of such liquids so transported in any one vehicle or combination of vehicles does not exceed 500 gallons.
347.50(1s)
(1s) Any person violating
s. 347.413 (1) or
347.417 (1) may be required to forfeit not less than $150 nor more than $600 for the first offense. For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000 or imprisoned for not more than 6 months or both.
347.50(2)
(2) Any person violating
s. 347.415 (1),
(2) and
(3) to
(5) may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.
347.50(2m)(b)
(b) No forfeiture may be assessed for a violation of
s. 347.48 (2m) (d) if the violator is less than 16 years of age when the offense occurs.
347.50(3)(b)1.
1. The motor vehicle was not equipped with a child safety restraint system meeting the requirements under
s. 347.48 (4) (a) 1. at the time the uniform traffic citation was issued; and
347.50(3)(b)2.
2. The person provides proof that, within 30 days after the uniform traffic citation was issued, a child safety restraint system meeting the requirements under
s. 347.48 (4) (a) 1. was purchased or leased and properly installed in the motor vehicle.
347.50(4)
(4) Any person violating
s. 347.48 (4) (a) 2. may be required to forfeit not less than $10 nor more than $25 for the first offense. For a 2nd or subsequent conviction within 3 years, a person may be required to forfeit not less than $25 nor more than $200.
347.50(5)
(5) Any person violating
s. 347.489 may be required to forfeit not more than $20.
