23.33(2)(ir)1.1. In addition to the applicable fee under
par. (c),
(d), or
(e), each agent appointed under
par. (i) 3. shall collect an expedited service fee of $3 each time the agent issues a validated registration receipt under
par. (ig) 1. a. The agent shall retain the entire amount of each expedited service fee the agent collects.
23.33(2)(ir)2.
2. In addition to the applicable fee under
par. (c),
(d), or
(e), the department or the agent appointed under
par. (i) 3. shall collect an expedited service fee of $3 each time the expedited service under
par. (ig) 1. b. is provided. The agent shall remit to the department $1 of each expedited service fee the agent collects.
23.33(2)(o)
(o)
Receipt of fees. All fees remitted to or collected by the department under
par. (ir) shall be credited to the appropriation account under
s. 20.370 (9) (hu).
23.33(2)(p)1.1. The department may promulgate rules to establish eligibility and other criteria for the appointment of agents under
par. (i) 3. and to regulate the activities of these agents.
23.33(2)(p)2.
2. The department may establish by rule additional procedures and requirements for all-terrain vehicle registration.
23.33(2g)
(2g) Lac du Flambeau band registration program. 23.33(2g)(a)(a) Authorization for issuance. The Lac du Flambeau band may issue registration certificates for public use or private use for all-terrain vehicles that are equivalent to the registration certificates for public use or private use that are issued by the department. The Lac du Flambeau band may renew and transfer a registration certificate that it or the department has issued. The Lac du Flambeau band may issue duplicates of only those registration certificates that it issues under this subsection.
23.33(2g)(b)
(b)
Requirements for issuance; fees; effective periods. 23.33(2g)(b)1.1. For issuing or renewing a registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent registration certificate under
sub. (2) (c) and
(d). For transferring a registration certificate or issuing a duplicate registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent service under
sub. (2) (e).
23.33(2g)(b)2.
2. The Lac du Flambeau band may not issue, renew or otherwise process registration certificates under this subsection in conjunction with discount coupons or as part of a promotion or other merchandising offer.
23.33(2g)(b)3.
3. For a registration certificate issued, transferred or renewed under this subsection, the effective period shall be the same as it would be for the equivalent registration certificate under
sub. (2) (f) 1. or
(g) or under a rule promulgated under
sub. (2) (f) 2.
23.33(2g)(b)4.
4. The Lac du Flambeau band may issue, renew or otherwise process registration certificates under this subsection only to applicants who appear in person on the Lac du Flambeau reservation.
23.33(2g)(c)
(c)
Requirements for registration applications and decals. 23.33(2g)(c)1.1. The Lac du Flambeau band shall use registration applications and registration certificates that are substantially similar to those under
sub. (2) with regard to length, legibility and information content.
23.33(2g)(c)2.
2. The Lac du Flambeau band shall use registration decals that are substantially similar to those under
sub. (2) with regard to color, size, legibility, information content and placement on the all-terrain vehicle.
23.33(2g)(c)3.
3. The Lac du Flambeau band shall use a sequential numbering system that includes a series of letters or initials that identify the Lac du Flambeau band as the issuing authority.
23.33(2g)(d)
(d)
Registration information. The Lac du Flambeau band shall provide registration information to the state in one of the following ways:
23.33(2g)(d)1.
1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement described in
par. (f), for incorporation into the registration records of this state, within one working day after the addition, change or deletion.
23.33(2g)(d)2.
2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.
23.33(2g)(e)1.1. Before June 1 annually, the Lac du Flambeau band shall submit a report to the department notifying it of the number of each type of registration certificate that the Lac du Flambeau band issued, transferred or renewed for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.
23.33(2g)(e)2.
2. For law enforcement purposes, the Lac du Flambeau band shall make available for inspection by the department during normal business hours the Lac du Flambeau band's records of all registration certificates issued, renewed or otherwise processed under this subsection, including copies of all applications made for certificates.
23.33(2g)(e)3.
3. The Lac du Flambeau band shall ensure that the record of each registration certificate issued, renewed or otherwise processed under this subsection, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.
23.33(2g)(e)4.
4. The Lac du Flambeau band shall collect the sales and use taxes due under
s. 77.61 (1) on any all-terrain vehicle registered under this subsection and make the report in respect to those taxes. On or before the 15th day of each month, the Lac du Flambeau band shall pay to the department of revenue all taxes that the Lac du Flambeau band collected in the previous month.
23.33(2g)(f)
(f)
Applicability. This subsection does not apply unless the department and the Lac du Flambeau band have in effect a written agreement under which the Lac du Flambeau band agrees to comply with
pars. (a) to
(e) and that contains all of the following terms:
23.33(2g)(f)1.
1. The manner in which the Lac du Flambeau band will limit its treaty-based right to fish outside the Lac du Flambeau reservation.
23.33(2g)(f)2.
2. A requirement that the fees collected by the Lac du Flambeau band under
par. (b) be used only for a program for registering all-terrain vehicles, for regulating all-terrain vehicles and their operation and for providing all-terrain vehicle trails and all-terrain vehicle facilities.
23.33(2m)
(2m) Rental of all-terrain vehicles. 23.33(2m)(a)(a) No person who is engaged in the rental or leasing of all-terrain vehicles to the public may do any of the following:
23.33(2m)(a)1.
1. Rent or lease an all-terrain vehicle for operation by a person who will be operating an all-terrain vehicle for the first time unless the person engaged in the rental or leasing gives the person instruction on how to operate an all-terrain vehicle.
23.33(2m)(a)2.
2. Rent or lease an all-terrain vehicle to a person under 16 years of age.
23.33(2m)(a)3.
3. Rent or lease an all-terrain vehicle without first ascertaining that any person under the age of 18 who will be on the all-terrain vehicle has protective headgear of the type required under
s. 347.485 (1) (a).
23.33(2m)(b)
(b) A person who is engaged in the rental or leasing of all-terrain vehicles to the public shall have clean, usable protective headgear available for rent in sufficient quantity to provide headgear to all persons under the age of 18 who will be on all-terrain vehicles that the person rents or leases.
23.33(2m)(c)
(c) The department may promulgate rules to establish minimum standards for the instruction given under
par. (a) 1.
23.33(3)
(3) Rules of operation. No person may operate an all-terrain vehicle:
23.33(3)(a)
(a) In any careless way so as to endanger the person or property of another.
23.33(3)(c)
(c) On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for all-terrain vehicle use.
23.33(3)(d)
(d) On Indian lands without the consent of the tribal governing body or Indian owner. Failure to post Indian lands does not imply consent for all-terrain vehicle use.
23.33(3)(e)
(e) With any firearm in his or her possession unless it is unloaded and enclosed in a carrying case, or any bow unless it is unstrung or enclosed in a carrying case.
23.33(3)(f)
(f) To drive or pursue any animal except as a part of normal farming operations involving the driving of livestock.
23.33(3)(g)
(g) When within 150 feet of a dwelling at a speed exceeding 10 miles per hour.
23.33(3)(h)
(h) On the frozen surface of public waters within 100 feet of a person not in or on an all-terrain vehicle or motor vehicle or within 100 feet of a fishing shanty at a speed exceeding 10 miles per hour.
23.33(3)(i)
(i) In a manner which violates rules promulgated by the department.
23.33(3g)
(3g) Use of headgear. No person may operate or be a passenger on an all-terrain vehicle without wearing protective headgear of the type required under
s. 347.485 (1) (a) and with the chin strap properly fastened, unless one of the following applies:
23.33(3g)(b)
(b) The person is traveling for the purposes of hunting or fishing and is at least 12 years of age.
23.33(3g)(c)
(c) The all-terrain vehicle is being operated for an agricultural purpose.
23.33(3g)(d)
(d) The all-terrain vehicle is being operated by a person on land under the management and control of the person's immediate family.
23.33(4)
(4) Operation on or near highways. 23.33(4)(a)(a)
Freeways. No person may operate an all-terrain vehicle upon any part of any freeway which is a part of the federal system of interstate and defense highways. No person may operate an all-terrain vehicle upon any part of any other freeway unless the department of transportation authorizes all-terrain vehicle use on that freeway.
23.33(4)(b)
(b)
Other highways; operation restricted. No person may operate an all-terrain vehicle on a highway except as authorized under
pars. (d) and
(e) or as authorized by rules promulgated by the department and approved by the department of transportation.
23.33(4)(c)
(c)
Exceptions; municipal, state and utility operations; races and derbies; land surveying operations. 23.33(4)(c)1.1. Paragraphs (a) and
(b) do not apply to the operator of an all-terrain vehicle owned by a municipality, state agency or public utility while the operator is engaged in an emergency or in the operation of an all-terrain vehicle directly related to the functions of the municipality, state agency or public utility if safety does not require strict adherence to these restrictions.
23.33(4)(c)1m.
1m. Paragraphs (a) and
(b) do not apply to the operator of an all-terrain vehicle who is engaged in land surveying operations, if safety does not require strict adherence to the restrictions under
pars. (a) and
(b).
23.33(4)(c)2.
2. Paragraph (b) does not apply to a highway blocked off for special all-terrain vehicle events. A county, town, city or village may block off highways under its jurisdiction for the purpose of allowing special all-terrain vehicle events. No state trunk highway or connecting highway, or part thereof, may be blocked off by any county, town, city or village for any all-terrain vehicle race or derby. A county, town, city or village shall notify the local police department and the county sheriff's office at least one week in advance of the time and place of any all-terrain vehicle race or derby which may result in any street, or part thereof, of the county, town, city or village being blocked off.
23.33(4)(d)
(d)
Operation on roadway. A person may operate an all-terrain vehicle on the roadway portion of any highway only in the following situations:
23.33(4)(d)1.
1. To cross a roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway.
23.33(4)(d)2.
2. On any roadway which is seasonally not maintained for motor vehicle traffic. Operation of an all-terrain vehicle on this type of roadway is authorized only during the seasons when no maintenance occurs and only if the roadway is not officially closed to all-terrain vehicle traffic.
23.33(4)(d)3.
3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to all-terrain vehicle traffic. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle prior to the crossing, pedestrians, and electric personal assistive mobility devices using the roadway.
23.33(4)(d)4.
4. On roadways which are designated as all-terrain vehicle routes. Operation of all-terrain vehicles on a roadway which is an all-terrain vehicle route is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.
23.33(4)(d)5.
5. On roadways if the all-terrain vehicle is an implement of husbandry, if the all-terrain vehicle is used exclusively for agricultural purposes and if the all-terrain vehicle is registered for private use under
sub. (2) (d) or
(2g). Operation of an all-terrain vehicle which is an implement of husbandry on a roadway is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.
23.33(4)(d)6.
6. On roadways if the operator of the all-terrain vehicle is a person who holds a Class A permit or a Class B permit under
s. 29.193 (2) and who is traveling for the purposes of hunting or is otherwise engaging in an activity authorized by the permit.
23.33(4)(d)7.
7. On roadways of highways that are all-terrain vehicle trails.
23.33(4)(e)
(e)
Operation adjacent to roadway. A person may operate an all-terrain vehicle adjacent to a roadway on an all-terrain vehicle route or trail if the person operates the all-terrain vehicle in the following manner:
23.33(4)(e)1.
1. At a distance of 10 or more feet from the roadway along U.S. numbered highways and state and county highways. Travel on the median of a divided highway is prohibited except to cross.
23.33(4)(e)3.
3. During hours of darkness in the same direction as motor vehicle traffic in the nearest lane, although during daylight hours travel may be in either direction regardless of the flow of motor vehicle traffic.
23.33(4)(e)4.
4. Not in excess of the speed limits of the adjacent roadway.
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).
