347.45(3)
(3) The authority in charge of maintenance of the highway in question may, in its discretion, issue a special permit authorizing operation upon such highway of a vehicle the operation of which would otherwise be prohibited under this section.
347.45(4)
(4) No person shall knowingly operate on any highway any vehicle on which any tire has been regrooved or recut or offer such tire for sale or exchange. This subsection shall not apply to regrooved or recut commercial vehicle tires which are designed and constructed in such a manner that regrooving or recutting is an acceptable and safe practice, nor does this subsection apply to regrooving or recutting done in a tire recapping process.
347.455
347.455
Modifications to height of vehicle. 347.455(1)
(1) Except as further provided in this section, no person may operate any vehicle on a highway if modifications have been made to the suspension system, axles or chassis of the vehicle which cause any portion of the vehicle to ride more than 4 inches above the height of the vehicle specified by the manufacturer. The height of the vehicle shall be measured from the level surface on which the vehicle stands.
347.455(2)
(2) If the modification is for the purpose of strengthening or improving handling, modifications may be made to the suspension system, axles or chassis of a 4-wheel drive vehicle or a motor truck which has a gross weight of not more than 8,000 pounds which cause the vehicle to ride 5 or less inches above the height of the vehicle specified by the manufacturer. The height of the vehicle shall be measured from the level surface on which the vehicle stands.
347.455(3)
(3) A 4-wheel drive vehicle or a motor truck which has a gross weight of not more than 8,000 pounds may be modified to use a tire and wheel size which exceeds the wheel and tire size specified by the manufacturer for the vehicle by up to 4 inches in radius.
347.455(4)
(4) No person may operate any vehicle on a highway if modifications have been made to the suspension system, axles, chassis or exhaust system of the vehicle which cause any portion of the vehicle, except the tires, to extend below lines drawn from the bottom of each wheel rim to the points of contact between the tires on the opposite side and opposite end of the vehicle and the level surface on which the vehicle stands.
347.455 History
History: 1981 c. 216;
1993 a. 165.
347.46
347.46
Fenders and mudguards. 347.46(1)
(1) No person shall operate a vehicle of the tractor type on a highway unless the driving wheels of such vehicle are protected by suitable fenders.
347.46(2)
(2) No person shall operate on a highway in intercity movement any privately owned motor truck or privately owned semitrailer drawn by a truck tractor, except those motor trucks and semitrailers equipped with dump bodies, unless such motor truck or semitrailer is equipped with rear fenders or mudguards of such material and so constructed and placed as to restrict to a minimum the splashing of water, mud or other material which may be thrown by the rear wheels. Such rear fenders or mudguards shall meet the following minimum specifications:
347.46(2)(a)
(a) The fenders or mudguards shall cover the tire or multiple tires they are protecting starting at the top from a line drawn vertically through the center of the axle and extending rearward and downward so that the fender or mudguard under any condition of operation or loading of the vehicle has a ground clearance of not more than one third of the horizontal distance from the center of the rearmost axle to the fender or mudguard;
347.46(2)(b)
(b) The fenders or mudguards shall be at least as wide as the tire or multiple tires they are protecting;
347.46(2)(c)
(c) If the vehicle is so designed and constructed that the rear wheels are covered in the manner specified in
pars. (a) and
(b) by means of fenders, body construction or other means of enclosure, then no special mudguards are required. Otherwise, the vehicle shall be equipped with special mudguards to the extent necessary to meet the requirements of
pars. (a) and
(b).
347.46 Cross-reference
Cross Reference: See also ss.
Trans 305.22 and
305.53, Wis. adm. code.
347.47
347.47
Drawbars, trailer hitches and mobile home couplings. 347.47(1)(1) No person shall operate a vehicle towing or drawing another vehicle or vehicles on a highway if the drawbar or other connection between any 2 vehicles exceeds 12 feet in length.
347.47(2)
(2) No person shall operate a motor vehicle drawing a trailer, semitrailer or mobile home upon a highway unless the hitch and coupling attaching the trailer, semitrailer or mobile home to the vehicle by which it is drawn is of such construction as to cause such trailer, semitrailer or mobile home to follow in direct line with the propelling vehicle without dangerous side swing or wobble. The hitch and coupling, the surface to which they are attached, and the connections, shall be of sufficient strength to prevent failure under all conditions of operation. The hitch is that part of the connecting mechanism, including the coupling platform and its attaching members or weldments, which is attached to the towing vehicle. The coupling is that part of the connecting mechanism, including the coupling and its attaching members or weldments, which is attached to the trailer or mobile home and by which connection is made to the hitch. If a device is used between the trailer proper and the coupling such as a pole, such device shall also meet the requirements of this section.
347.47(3)
(3) In addition to the hitch and coupling specified in
sub. (2), every towed vehicle shall be coupled to the towing vehicle by means of safety chains, leveling bars or cables. This requirement does not apply to a semitrailer having a connecting device composed of a 5th wheel and kingpin assembly, nor to a pole or pipe dolly. The safety chains, leveling bars or cables shall have only the necessary slack to permit proper turning and safety chains or cables shall be so connected to the towed and towing vehicle to prevent the drawbar from dropping to the ground if the hitch or coupling disengages. Two separate lengths of safety chain, leveling bars or cable shall be required on all trailers and mobile homes; however, the department may authorize use of such other appropriate equipment or methods approved by nationally recognized organizations which recommend safety standards for motor vehicles.
347.47(4)
(4) Trailer, semitrailer and mobile home couplings and the safety chains, leveling bars or cables shall be of such minimum strength, design and type as established by published rule of the department.
347.475
347.475
Airbags, prohibited practices. 347.475(1)
(1) In this section, "airbag" means an inflatable restraint system that is designed to be installed and to operate in a motor vehicle to deploy by inflating upon an impact of the vehicle with another object.
347.475(2)
(2) No person may, either personally or through an agent, sell, install, reinstall, or distribute any previously deployed airbag. This subsection does not apply to the sale of a motor vehicle with a previously deployed airbag unless the deployment is concealed or disguised.
347.475(3)
(3) No person may, either personally or through an agent, remove, disconnect, tamper with, or otherwise circumvent the operation of any airbag, except for the purpose of testing, repairing, or maintaining an airbag, salvaging an undeployed airbag, disposing of a deployed airbag, or replacing a deployed airbag with a functional airbag. This subsection does not apply to the installation or use of an on-off switch by any person who is authorized by federal law or regulation to install or use an on-off switch for an airbag.
347.475(4)
(4) No person may, either personally or through an agent, install a cover or otherwise conceal or disguise a missing airbag or a previously deployed airbag.
347.475 History
History: 2001 a. 28.
347.48
347.48
Safety belts and child safety restraint systems. 347.48(1)(a)(a) No person may buy, sell, lease, trade or transfer a motor vehicle other than an automobile at retail from or to Wisconsin residents unless the vehicle is equipped with safety belts installed for use as required under
49 CFR 571, and no such vehicle may be operated in this state unless such belts remain installed.
347.48(1)(b)
(b) No person may buy, sell, lease, trade or transfer an automobile that is required under
49 CFR 571 to be equipped with safety belts from or to a resident of this state unless the front designated seating positions of the automobile are equipped with safety belts installed for use as required under
49 CFR 571 and unless each rear outboard designated seating position of the automobile is equipped with a safety belt consisting of a combination of a pelvic and upper torso restraint that conforms to standards for a Type 2 seat belt assembly under
49 CFR 571.209, and no automobile may be operated in this state unless such belts remain installed. Nothing in this section applies to antique reproductions.
347.48(2)
(2) Type and manner of installing. All such safety belts must be of a type and must be installed in a manner approved by the department. The department shall establish specifications and requirements for approved types of safety belts and attachments thereto. The department will accept, as approved, all seat belt installations and the belt and anchor meeting the society of automotive engineers' specifications.
347.48(2m)(a)(a) In this subsection, "properly restrained" means wearing a safety belt approved by the department under
sub. (2) and fastened in a manner prescribed by the manufacturer of the safety belt which permits the safety belt to act as a body restraint.
347.48(2m)(b)
(b) If a motor vehicle is required to be equipped with safety belts in this state, no person may operate that motor vehicle unless the person is properly restrained in a safety belt.
347.48(2m)(c)
(c) If a motor vehicle is required to be equipped with safety belts in this state, no person may operate that motor vehicle unless he or she reasonably believes that each passenger who is at least 4 years old and not more than 15 years old and who is seated at a designated seating position in the front seat required under
49 CFR 571 to have a safety belt installed or at a designated seating position in the seats, other than the front seats, for which a shoulder harness has been installed is properly restrained.
347.48(2m)(d)
(d) If a motor vehicle is required to be equipped with safety belts in this state, no person who is at least 4 years old and who is seated at a designated seating position in the front seat required under
49 CFR 571 to have a safety belt installed or at a designated seating position in the seats, other than the front seats, for which a shoulder harness has been installed may be a passenger in that motor vehicle unless the person is properly restrained.
347.48(2m)(dm)
(dm) Paragraphs (b),
(c) and
(d) do not apply to the operation of an authorized emergency vehicle by a law enforcement officer or other authorized operator under circumstances in which compliance could endanger the safety of the operator or another.
347.48(2m)(dr)
(dr) Paragraph (b) does not apply to the operator of a vehicle while on a route which requires the operator to make more than 10 stops per mile involving an exit from the vehicle in the scope of his or her employment.
Paragraphs (c) and
(d) do not apply to a passenger while on a route which requires the passenger to make more than 10 stops per mile involving an exit from the vehicle in the scope of his or her employment.
347.48(2m)(e)
(e) The department shall, by rule, exempt from the requirements under
pars. (b) to
(d) persons who, because of a physical or medical condition, cannot be properly restrained in a safety belt.
347.48 Cross-reference
Cross Reference: See also ch.
Trans 315, Wis. adm. code.
347.48(2m)(f)1.1. This subsection does not apply if the motor vehicle is a taxicab or is not required to be equipped with safety belts under
sub. (1) or
49 CFR 571.
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.
