346.17(2t)
(2t) Any person violating
s. 346.04 (2t) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
346.17(3)(b)
(b) If the violation results in bodily harm, as defined in
s. 939.22 (4), to another, or causes damage to the property of another, as defined in
s. 939.22 (28), the person is guilty of a Class H felony.
346.17(3)(c)
(c) If the violation results in great bodily harm, as defined in
s. 939.22 (14), to another, the person is guilty of a Class F felony.
346.17(3)(d)
(d) If the violation results in the death of another, the person is guilty of a Class E felony.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(3) (a) Except as provided in par. (b), (c) or (d), any person violating s. 346.04 (3) shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 3 years.
346.17 Note
(b) If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for not more than 3 years.
346.17 Note
(c) If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 3 years.
346.17 Note
(d) If the violation results in the death of another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 7 years and 6 months.
346.17(4)
(4) Any person violating
s. 346.075 may be required to forfeit not less than $25 nor more than $200 for the first offense and not less than $50 nor more than $500 for the 2nd or subsequent violation within 4 years.
346.17(5)
(5) If an operator of a vehicle violates
s. 346.04 (1) or
(2) where persons engaged in work in a highway maintenance or construction area or in a utility work area are at risk from traffic, any applicable minimum and maximum forfeiture specified in
sub. (1) for the violation shall be doubled.
346.175
346.175
Vehicle owner's liability for fleeing a traffic officer. 346.175(1)(a)(a) Subject to
s. 346.01 (2), the owner of a vehicle involved in a violation of
s. 346.04 (2t) or
(3) for fleeing a traffic officer shall be presumed liable for the violation as provided in this section.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(a) Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.04 (3) for fleeing a traffic officer shall be presumed liable for the violation as provided in this section.
346.175(1)(b)
(b) Notwithstanding
par. (a), no owner of a vehicle involved in a violation of
s. 346.04 (2t) or
(3) for fleeing a traffic officer may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under this section or under
s. 346.04 (2t) or
(3).
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(b) Notwithstanding par. (a), no owner of a vehicle involved in a violation of s. 346.04 (3) for fleeing a traffic officer may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under this section or under s. 346.04 (3).
346.175(2)
(2) A traffic officer may proceed under
sub. (3) instead of pursuing the operator of a motor vehicle who flees after being given a visual or audible signal by the officer or marked police vehicle.
346.175(3)(a)(a) Within 72 hours after observing the violation, the traffic officer shall investigate the violation and may prepare a uniform traffic citation under
s. 345.11 for the violation and, within 96 hours after observing the violation, any traffic officer employed by the authority issuing the citation may personally serve it upon the owner of the vehicle.
346.175(3)(b)
(b) If with reasonable diligence the owner cannot be served under
par. (a), service may be made by leaving a copy of the citation at the owner's usual place of abode within this state in the presence of a competent member of the family at least 14 years of age, who shall be informed of the contents thereof. Service under this paragraph may be made by any traffic officer employed by the authority issuing the citation and shall be performed within 96 hours after the violation was observed.
346.175(3)(c)
(c) If with reasonable diligence the owner cannot be served under
par. (a) or
(b) or if the owner lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the owner's last-known address. Service under this paragraph shall be performed by posting the certified mail within 96 hours after the violation was observed.
346.175(4)
(4) Defenses to the imposition of liability under this section include:
346.175(4)(a)
(a) That a report that the vehicle was stolen was given to a traffic officer before the violation occurred or within a reasonable time after the violation occurred.
346.175(4)(b)
(b) If the owner of the vehicle provides a traffic officer employed by the authority issuing the citation with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the officer to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under this section or under
s. 346.04 (2t) or
(3).
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(b) If the owner of the vehicle provides a traffic officer employed by the authority issuing the citation with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the officer to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under this section or under s. 346.04 (3).
346.175(4)(c)
(c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer employed by the authority issuing the citation with the information required under
s. 343.46 (3), then the lessee and not the lessor shall be liable under this section or under
s. 346.04 (2t) or
(3).
Effective date note
NOTE: Par. (c) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer employed by the authority issuing the citation with the information required under s. 343.46 (3), then the lessee and not the lessor shall be liable under this section or under s. 346.04 (3).
346.175(4)(d)
(d) If the vehicle is owned by a dealer, as defined in
s. 340.01 (11) (intro.) but including the persons specified in
s. 340.01 (11) (a) to
(d), and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides a traffic officer employed by the authority issuing the citation with the name, address and operator's license number of the person operating the vehicle, then that person, and not the dealer, shall be liable under this section or under
s. 346.04 (2t) or
(3).
Effective date note
NOTE: Par. (d) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but including the persons specified in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides a traffic officer employed by the authority issuing the citation with the name, address and operator's license number of the person operating the vehicle, then that person, and not the dealer, shall be liable under this section or under s. 346.04 (3).
Effective date note
NOTE: Sub. (5)(intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(5) Notwithstanding the penalty otherwise specified under s. 346.17 (3) for a violation of s. 346.04 (3):
346.175(5)(a)
(a) A vehicle owner or other person found liable under this section for a violation of
s. 346.04 (2t) or
(3) shall be required to forfeit not less than $300 nor more than $1,000.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(a) A vehicle owner or other person found liable under this section for a violation of s. 346.04 (3) shall be required to forfeit not less than $300 nor more than $1,000.
346.175(5)(b)
(b) Imposition of liability under this section shall not result in suspension or revocation of a person's operating license under
s. 343.30 or
343.31, nor shall it result in demerit points being recorded on a person's driving record under
s. 343.32 (2) (a).
346.177
346.177
Railroad crossing improvement assessment for vehicles illegally passing at railroad crossings. 346.177(1)(1) Whenever a court imposes a forfeiture under
s. 346.17 (2m) for a violation of
s. 346.10 (1), the court shall also impose a railroad crossing improvement assessment equal to 50% of the amount of the forfeiture.
346.177(2)
(2) If a forfeiture is suspended in whole or in part, the railroad crossing improvement assessment shall be reduced in proportion to the suspension.
346.177(3)
(3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer under
sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.
346.177(4)
(4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under
s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in
s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this subsection in the transportation fund to be appropriated under
s. 20.395 (2) (gj).
346.177 History
History: 1997 a. 237.
RIGHT-OF-WAY
346.18
346.18
General rules of right-of-way. 346.18(1)
(1)
General rule at intersections. Except as otherwise expressly provided in this section or in
s. 346.19,
346.20 or
346.46 (1), when 2 vehicles approach or enter an intersection at approximately the same time, the operator of the vehicle on the left shall yield the right-of-way to the vehicle on the right. The operator of any vehicle driving at an unlawful speed forfeits any right-of-way which he or she would otherwise have under this subsection.
346.18(2)
(2) Turning left at intersection. The operator of a vehicle within an intersection intending to turn to the left across the path of any vehicle approaching from the opposite direction shall yield the right-of-way to such vehicle.
346.18(3)
(3) Rule at intersection with through highway. The operator of a vehicle shall stop as required by
s. 346.46 (2) (a),
(b) or
(c) before entering a through highway, and shall yield the right-of-way to other vehicles which have entered or are approaching the intersection upon the through highway.
346.18(3m)
(3m) Uncontrolled "T" intersection. At an intersection where traffic is not controlled by an official traffic control device or by a traffic officer, the operator of a vehicle approaching the intersection on a highway which terminates at the intersection shall yield the right-of-way to any vehicle approaching the intersection on a highway which continues through the intersection.
346.18(4)
(4) Entering highway from alley or nonhighway access. The operator of a vehicle entering a highway from an alley or from a point of access other than another highway shall yield the right-of-way to all vehicles approaching on the highway which the operator is entering.
346.18(5)
(5) Moving from parked position. The operator of any vehicle that has been parked or standing shall, while moving such vehicle from such position, yield the right-of-way to all vehicles approaching on the highway.
346.18(6)
(6) Right-of-way where yield sign installed. The operator of a vehicle, when approaching any intersection at which has been installed a yield sign, shall yield the right-of-way to other vehicles which have entered the intersection from an intersecting highway or which are approaching so closely on the intersecting highway as to constitute a hazard of collision and, if necessary, shall reduce speed or stop in order to so yield.
346.18(7)
(7) Entering alley or driveway from highway. 346.18(7)(a)(a) The operator of any vehicle intending to turn to the left into an alley or private driveway across the path of any vehicle approaching from the opposite direction shall yield the right-of-way to the vehicle.
346.18(7)(b)
(b) The operator of any vehicle crossing a sidewalk or entering an alley or driveway from a highway shall yield the right-of-way to any pedestrian, vehicle or conveyance on the sidewalk or in the alley or driveway.
346.18 Annotation
A driver who makes a left turn that results in an accident is not always guilty of more negligence than the other driver; the comparison is for the jury. Pucci v. Rausch,
51 Wis. 2d 513,
187 N.W.2d 138 (1971).
346.19
346.19
What to do on approach of emergency vehicle. 346.19(1)(1) Upon the approach of any authorized emergency vehicle giving audible signal by siren the operator of a vehicle shall yield the right-of-way and shall immediately drive such vehicle to a position as near as possible and parallel to the right curb or the right-hand edge of the shoulder of the roadway, clear of any intersection and, unless otherwise directed by a traffic officer, shall stop and remain standing in such position until the authorized emergency vehicle has passed.
346.19(2)
(2) This section does not relieve the operator of an authorized emergency vehicle from the duty to drive with due regard under the circumstances for the safety of all persons using the highway.
346.19 History
History: 1993 a. 490.
346.19 Annotation
Section 346.19, regarding the requirements on the approach of an emergency vehicle, is the proper statute to invoke when the proof requirements for fleeing under s. 346.04 are not met.
76 Atty. Gen. 214.
346.195
346.195
Owner's liability for vehicle failing to yield the right-of-way to an authorized emergency vehicle. 346.195(1)(1) Subject to
s. 346.01 (2), the owner of a vehicle involved in a violation of
s. 346.19 (1) for failing to yield the right-of-way to an authorized emergency vehicle shall be liable for the violation as provided in this section.
346.195(2)
(2) The operator of an authorized emergency vehicle who observes a violation of
s. 346.19 (1) for failing to yield the right-of-way to an authorized emergency vehicle may prepare a written report indicating that a violation has occurred. If possible, the report shall contain the following information:
346.195(2)(a)
(a) The time and the approximate location at which the violation occurred.
346.195(2)(b)
(b) The license number and color of the vehicle involved in the violation.
346.195(2)(c)
(c) Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type of vehicle.
346.195(3)
(3) Within 24 hours after observing the violation, the operator of the authorized emergency vehicle may deliver the report to a traffic officer of the county or municipality in which the violation occurred. A report that does not contain all the information in
sub. (2) shall, nevertheless, be delivered and shall be maintained by the county or municipality for statistical purposes.
346.195(4)(a)(a) Within 48 hours after receiving a report containing all the information in
sub. (2) and after investigating the violation, the traffic officer may prepare a uniform traffic citation under
s. 345.11 and may personally serve it upon the owner of the vehicle.
346.195(4)(b)
(b) If with reasonable diligence the owner cannot be served under
par. (a), service may be made by leaving a copy of the citation at the owner's usual place of abode within this state in the presence of a competent member of the family at least 14 years of age, who shall be informed of the contents thereof.
346.195(4)(c)
(c) If with reasonable diligence the owner cannot be served under
par. (a) or
(b) or if the owner lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the owner's last-known address.
346.195(5)(a)(a) Except as provided in
par. (b), it shall be no defense to a violation of this section that the owner was not operating the vehicle at the time of the violation.
346.195(5)(b)
(b) The following are defenses to a violation of this section:
346.195(5)(b)1.
1. That a report that the vehicle was stolen was given to a traffic officer before the violation occurred or within a reasonable time after the violation occurred.
346.195(5)(b)2.
2. That the owner of the vehicle provides a traffic officer with the name and address of the person operating the vehicle at the time of the violation and the person so named admits operating the vehicle at the time of the violation. In such case, the person operating the vehicle and not the owner shall be charged under this section.
