346.43(1)(b)2.
2. Any operator of a bicycle or electric personal assistive mobility device violating
s. 346.37,
346.38 or
346.39 may be required to forfeit not more than $20.
346.43(1)(b)3.
3. If an operator of a vehicle violates
s. 346.37 or
346.39 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
subd. 1. for the violation shall be doubled.
346.43(2)
(2) Any person violating
s. 346.42 may be required to forfeit not less than $30 nor more than $300.
346.43(3)
(3) Any person violating
s. 346.41 may be required to forfeit not less than $25 nor more than $200 for the first offense and may be required to forfeit not less than $50 nor more than $500 for the 2nd or subsequent conviction within a year.
REQUIRED STOPS
346.44
346.44
All vehicles to stop at signal indicating approach of train. 346.44(1)(1) The operator of a vehicle shall not drive on or across a railroad crossing under any of the following circumstances:
346.44(1)(a)
(a) While any traffic officer or railroad employee signals to stop;
346.44(1)(b)
(b) While any warning device signals to stop, except that if the operator of the vehicle after stopping and investigating finds that no railroad train is approaching the operator may proceed.
346.44(2)
(2) The operator of a vehicle shall not drive through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
346.44 History
History: 1991 a. 316.
346.45
346.45
Certain vehicles to stop at railroad crossings. 346.45(1)(1) Except as provided in
sub. (3), the operator of any of the following vehicles before crossing at grade any track of a railroad, shall stop such vehicle within 50 feet, but not less than 15 feet from the nearest rail of such railroad:
346.45(1)(b)
(b) Every motor vehicle transporting any quantity of chlorine.
346.45(1)(c)
(c) Every motor vehicle which, in accordance with
sub. (4), is required to be marked or placarded with one of the following markings:
346.45(1)(d)
(d) Every cargo tank motor vehicle, whether loaded or empty, used for the transportation of any liquid having a flashpoint below 200° Fahrenheit, as determined by the test method approved for that product by the American society for testing and materials.
346.45(1)(e)
(e) Every cargo tank motor vehicle transporting a commodity which at the time of loading has a temperature above its flashpoint as determined by the same standard method of testing as prescribed in
par. (d).
346.45(2)
(2) The operator of every vehicle required to stop before crossing any track shall listen and look in both directions along the track for any approaching train, and shall not proceed until such precautions have been taken and until the operator has ascertained that the course is clear. Wherever an auxiliary lane is provided for stopping at a railroad, operators of vehicles required to stop shall use such lane for stopping.
346.45(3)(a)
(a) A railroad grade crossing when a police officer or crossing flagman directs traffic to proceed.
346.45(3)(b)
(b) A railroad grade crossing when an official traffic control signal permits traffic to proceed.
346.45(3)(c)
(c) An abandoned railroad grade crossing with a sign indicating the rail line is abandoned.
346.45(3)(d)
(d) A railroad grade crossing which is marked with a sign in accordance with
s. 195.285 (3). Such signs shall be erected by the maintaining authority only upon order of the office of the commissioner of railroads as set forth in
s. 195.285.
346.45(4)
(4) The department shall adopt rules for the marking and placarding of vehicles being used to transport hazardous materials which are potentially dangerous to life and property, which rules shall be in accordance with the regulations of the U.S. department of transportation.
346.455
346.455
Vehicles to stop at fire station. 346.455(1)
(1) The operator of a motor vehicle approaching an authorized emergency vehicle shall stop not less than 30 feet from that vehicle and shall remain stopped, if all of the following apply:
346.455(1)(a)
(a) The authorized emergency vehicle is about to be or is being driven backwards into a driveway entrance to a fire station.
346.455(1)(b)
(b) The authorized emergency vehicle is giving visual signal by means of at least one flashing, oscillating or rotating red light or by a member of the fire department or fire patrol standing on the roadway in a position that is visible to approaching traffic and directing traffic to stop.
346.455(2)
(2) The operator of a motor vehicle required to stop under
sub. (1) shall remain stopped until a member of the fire department or fire patrol directs the operator to proceed or until the visual signal under
sub. (1) (b) is terminated and all members of the fire department or fire patrol have left the roadway.
346.455 History
History: 1995 a. 424.
346.457
346.457
Owner's liability for vehicle illegally passing fire truck. 346.457(1)(1) Subject to
s. 346.01 (2), the owner of a vehicle involved in a violation of
s. 346.455 (1) or
(2) shall be liable for the violation as provided in this subsection.
346.457(2)
(2) A member of the fire department or fire patrol who observes a violation of
s. 346.455 (1) or
(2) may prepare a written report indicating that a violation has occurred. The report shall contain the following information:
346.457(2)(a)
(a) The time and location at which the violation occurred.
346.457(2)(b)
(b) The license number and color of the vehicle involved in the violation.
346.457(2)(c)
(c) Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type of vehicle.
346.457(3)
(3) Within 24 hours after observing the violation, the member of the fire department or fire patrol may deliver the report to a traffic officer of the political subdivision in which the violation occurred. A report which does not contain all of the information in
sub. (2) may nevertheless be delivered and shall be maintained by the political subdivision for statistical purposes.
346.457(4)(a)(a) Within 48 hours after receiving a report containing all of the information in
sub. (2) and after conducting an investigation, the traffic officer may prepare a uniform traffic citation under
s. 345.11 for the violation and may personally serve it upon the owner of the vehicle.
346.457(4)(b)
(b) If with reasonable diligence the owner of the vehicle cannot be served under
par. (a) 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.
346.457(5)(a)(a) Except as provided in
par. (b), it is not a defense to a violation of
s. 346.455 (1) or
(2) that the owner of the vehicle was not in control of the vehicle at the time of the violation.
346.457(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.
346.457(5)(b)2.
2. That the owner of the vehicle provides a traffic officer with the name and address of the person who was in control of the vehicle at the time of the violation and the person so named admits having the vehicle under his or her control at the time of the violation. In such a case, that person and not the owner shall be charged with the violation.
346.457(5)(b)3.
3. That 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 with the information required under
s. 343.46 (3). In such a case, the lessee and not the lessor shall be charged with the violation.
346.457(5)(b)4.
4. That 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 under the control of a person on a trial run and the dealer provides a traffic officer with the name, address and operator's license number of that person. In such a case, that person and not the dealer shall be charged with the violation.
346.46
346.46
Vehicles to stop at stop signs and school crossings. 346.46(1)(1) Except when directed to proceed by a traffic officer or traffic control signal, every operator of a vehicle approaching an official stop sign at an intersection shall cause such vehicle to stop before entering the intersection and shall yield the right-of-way to other vehicles which have entered or are approaching the intersection upon a highway which is not controlled by an official stop sign or traffic signal.
346.46(2)
(2) Stops required by
sub. (1) shall be made in the following manner:
346.46(2)(a)
(a) If there is a clearly marked stop line, the operator shall stop the vehicle immediately before crossing such line.
346.46(2)(b)
(b) If there is no clearly marked stop line, the operator shall stop the vehicle immediately before entering the crosswalk on the near side of the intersection.
346.46(2)(c)
(c) If there is neither a clearly marked stop line nor a marked or unmarked crosswalk at the intersection or if the operator cannot efficiently observe traffic on the intersecting roadway from the stop made at the stop line or crosswalk, the operator shall, before entering the intersection, stop the vehicle at such point as will enable the operator to efficiently observe the traffic on the intersecting roadway.
346.46(2m)
(2m) Every operator of a motor vehicle approaching a school crossing which is controlled by an adult school crossing guard appointed under
s. 120.13 (31) or
349.215 shall follow the directions of the school crossing guard. If directed by the school crossing guard to stop, the operator shall stop the vehicle not less than 10 feet nor more than 30 feet from the school crossing and shall remain stopped until the school crossing guard directs the operator to proceed.
346.46(3)
(3) Every operator of a vehicle approaching an official stop sign at a railroad crossing shall, before proceeding on or over such crossing, stop the vehicle not less than 10 nor more than 30 feet from the nearest rail.
346.46(4)(a)(a) Every operator of a vehicle approaching an official stop sign or official temporary stop sign erected mid-block on or in the roadway by local authorities under
s. 349.07 (6) shall cause such vehicle to stop not less than 10 nor more than 30 feet from such official sign except when directed to proceed by a traffic officer.
346.46 Annotation
A violation of sub. (1) constitutes negligence per se, but a violation may be excused through the application of the emergency doctrine, which provides that a person faced with an emergency that the person did not create is not negligent for failing to avoid the threatened disaster if compelled to act instantly. Totsky v. Riteway Bus Service, Inc. 2000 WI 29,
233 Wis. 2d 371,
607 N.W.2d 637.
346.465
346.465
Owner's liability for vehicle illegally crossing controlled school crossing. 346.465(1)
(1) Subject to
s. 346.01 (2), the owner of a vehicle involved in a violation of
s. 346.46 (2m) shall be liable for the violation as provided in this section.
346.465(2)
(2) An adult school crossing guard who observes a violation of
s. 346.46 (2m) may prepare a written report indicating that a violation has occurred. If possible, the report shall contain the following information:
346.465(2)(a)
(a) The time and the approximate location at which the violation occurred.
346.465(2)(b)
(b) The license number and color of the vehicle involved in the violation.
346.465(2)(c)
(c) Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type of vehicle.
346.465(3)
(3) Within 24 hours after observing the violation, the school crossing guard may deliver the report to a traffic officer of the county or municipality in which the violation occurred. A report which 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.
346.465(4)(a)(a) Within 48 hours after receiving a report containing all the information in
sub. (2), the traffic officer may prepare a uniform traffic citation under
s. 345.11 and may personally serve it upon the owner of the vehicle.
346.465(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.
346.465(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.
346.465(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.
