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.
346.195(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 case, the lessee and not the lessor shall be charged under this section.
346.195(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 being operated by any person on a trial run, and the dealer provides a traffic officer with the name, address and operator's license number of the person operating the vehicle. In such case, the person operating the vehicle, and not the dealer, shall be charged under this section.
346.20
346.20
Right-of-way of funeral processions and military convoys. 346.20(1)(1) Except as provided in
sub. (4), the operator of a vehicle not in a funeral procession or military convoy shall yield the right-of-way at an intersection to vehicles in a funeral procession or military convoy when vehicles comprising such procession have their headlights lighted.
346.20(2)
(2) The operator of a vehicle not in a funeral procession shall not drive the vehicle between the vehicles of the funeral procession, except when authorized to do so by a traffic officer or when such vehicle is an authorized emergency vehicle giving audible signal by siren.
346.20(3)
(3) Operators of vehicles not a part of a funeral procession or military convoy shall not form a procession or convoy and have their headlights lighted for the purpose of securing the right-of-way granted by this section to funeral processions or military convoys.
346.20(4)(a)(a) Operators of vehicles in a funeral procession or military convoy shall yield the right-of-way in accordance with
s. 346.19 upon the approach of an authorized emergency vehicle giving audible signal by siren.
346.20(4)(b)
(b) Operators of vehicles in a funeral procession or military convoy shall yield the right-of-way when directed to do so by a traffic officer.
346.20(4)(c)
(c) The operator of the leading vehicle in a funeral procession or military convoy shall comply with stop signs and traffic control signals, but when the leading vehicle has proceeded across an intersection in accordance with such signal or after stopping as required by the stop sign, all vehicles in such procession may proceed without stopping, regardless of the sign or signal.
346.205
346.205
Owner's liability for vehicle failing to yield the right-of-way to a funeral procession. 346.205(1)
(1) Subject to
s. 346.01 (2), the owner of a vehicle involved in a violation of
s. 346.20 (1) for failing to yield the right-of-way to a funeral procession shall be liable for the violation as provided in this section.
346.205(2)
(2) The operator of a lead vehicle or a motorcycle escort in a funeral procession who observes a violation of
s. 346.20 (1) for failing to yield the right-of-way to a funeral procession may prepare a written report indicating that a violation has occurred. If possible, the report shall contain the following information:
346.205(2)(a)
(a) The time and the approximate location at which the violation occurred.
346.205(2)(b)
(b) The license number and color of the vehicle involved in the violation.
346.205(2)(c)
(c) Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type of vehicle.
346.205(3)
(3) Within 24 hours after observing the violation, the operator of the lead vehicle or motorcycle escort 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.
346.205(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.
346.205(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.
346.205(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.
346.205(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.
346.205(5)(b)
(b) The following are defenses to a violation of this section:
346.205(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.
346.205(5)(b)2.
2. If 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, then the person operating the vehicle and not the owner shall be charged under this section.
346.205(5)(b)3.
3. 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 with the information required under
s. 343.46 (3), then the lessee and not the lessor shall be charged under this section.
346.205(5)(b)4.
4. 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 any person on a trial run, and if the dealer provides a traffic officer with the name, address and operator's license number of the person operating the vehicle, then the person operating the vehicle, and not the dealer, shall be charged under this section.
346.21
346.21
Right-of-way of livestock. The operator of a motor vehicle shall yield the right-of-way to livestock being driven over or along any highway but any person in charge of such livestock shall use reasonable care and diligence to open the roadway for vehicular traffic.
346.21 History
History: 1993 a. 490.
346.22
346.22
Penalty for violating sections 346.18 to 346.21. 346.22(1)(a)(a) Except as provided in
par. (b), any person violating
s. 346.18 or
346.20 (1) may be required to forfeit not less than $20 nor more than $50 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.
346.22(1)(b)
(b) If an operator of a vehicle violates
s. 346.18 (6) 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
par. (a) for the violation shall be doubled.
346.22(3)
(3) Any person violating
s. 346.20 (2),
(3) or
(4) (b) or
(c) or
346.21 may be required to forfeit not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the 2nd or subsequent conviction within a year.
346.22(3m)
(3m) A vehicle owner or other person found liable under
s. 346.195 may be required to forfeit not less than $30 nor more than $300. Imposition of liability under
s. 346.195 shall not result in suspension or revocation of a person's operating license under
s. 343.30, and shall not result in demerit points being recorded on a person's driving record under
s. 343.32 (2) (a).
346.22(4)
(4) A vehicle owner or other person found liable under
s. 346.205 may be required to forfeit not less than $20 nor more than $50 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year. Imposition of liability under
s. 346.205 shall not result in suspension or revocation of a person's operating license under
s. 343.30, nor shall it result in demerit points being recorded on a person's driving record under
s. 343.32 (2) (a).
RESPECTIVE RIGHTS AND DUTIES OF DRIVERS, PEDESTRIANS, BICYCLISTS, AND RIDERS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
346.23
346.23
Crossing controlled intersection or crosswalk. 346.23(1)(1) At an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person who is riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who has started to cross the highway on a green or "Walk" signal and in all other cases pedestrians, bicyclists, and riders of electric personal assistive mobility devices shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a green signal. No operator of a vehicle proceeding ahead on a green signal may begin a turn at a controlled intersection or crosswalk when a pedestrian, bicyclist, or rider of an electric personal assistive mobility device crossing in the crosswalk on a green or "Walk" signal would be endangered or interfered with in any way. The rules stated in this subsection are modified at intersections or crosswalks on divided highways or highways provided with safety zones in the manner and to the extent stated in
sub. (2).
346.23(2)
(2) At intersections or crosswalks on divided highways or highways provided with safety zones where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, bicyclist, or rider of an electric personal assistive mobility device who has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or a safety zone with the green or "Walk" signal in the favor of the pedestrian, bicyclist, or rider of an electric personal assistive mobility device.
346.23 Annotation
The duties of drivers and pedestrians under ss. 346.23 and 346.24 are discussed and compared. Schoenauer v. Wendinger,
49 Wis. 2d 415,
182 N.W.2d 441 (1971).
346.23 Annotation
Pedestrians have the right-of-way on a green light only where there are no pedestrian control signals. City of Hartford v. Godfrey,
92 Wis. 2d 815,
286 N.W.2d 10 (Ct. App. 1979).
346.24
346.24
Crossing at uncontrolled intersection or crosswalk. 346.24(1)(1) At an intersection or crosswalk where traffic is not controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who is crossing the highway within a marked or unmarked crosswalk.
346.24(2)
(2) No pedestrian, bicyclist, or rider of an electric personal assistive mobility device shall suddenly leave a curb or other place of safety and walk, run, or ride into the path of a vehicle which is so close that it is difficult for the operator of the vehicle to yield.
346.24(3)
(3) Whenever any vehicle is stopped at an intersection or crosswalk to permit a pedestrian, bicyclist, or rider of an electric personal assistive mobility device to cross the roadway, the operator of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
346.24 History
History: 1985 a. 69;
2001 a. 90.
346.24 Annotation
The duties of drivers and pedestrians under ss. 346.23 and 346.24 are discussed and compared. Schoenauer v. Wendinger,
49 Wis. 2d 415,
182 N.W.2d 441 (1971).
346.25
346.25
Crossing at place other than crosswalk. Every pedestrian, bicyclist, or rider of an electric personal assistive mobility device crossing a roadway at any point other than within a marked or unmarked crosswalk shall yield the right-of-way to all vehicles upon the roadway.
346.25 History
History: 1985 a. 69;
2001 a. 90.
346.25 Annotation
Section 891.44 provides an exception to this section and the standard instruction is not to be given when the pedestrian is a child under 7. Thoreson v. Milwaukee & Suburban Transport Corp.
56 Wis. 2d 231,
201 N.W.2d 745 (1972).
346.25 Annotation
This section does not apply to bicyclists operating on the roadway and only applies to bicyclists acting as pedestrians by operating on sidewalks and within crosswalks. Chernetski v. American Family Mutual Insurance Co.
183 Wis. 2d 68,
515 N.W.2d 283 (Ct. App. 1994)
346.26
346.26
Blind pedestrian on highway. 346.26(1)
(1) An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian who is carrying a cane or walking stick which is white in color or white trimmed with red and which is held in an extended or raised position or who is using a dog guide and shall take such precautions as may be necessary to avoid accident or injury to the pedestrian. The fact that the pedestrian may be violating any of the laws applicable to pedestrians does not relieve the operator of a vehicle from the duties imposed by this subsection.
346.26(2)
(2) Nothing in this section shall be construed to deprive any totally or partially blind person not carrying the white or the red and white cane or walking stick or not using a dog guide of the rights of other pedestrians crossing highways, nor shall the failure of such totally or partially blind pedestrian to carry such cane or walking stick or to use a dog guide be evidence of any negligence.
346.26(3)
(3) No person who is not totally or partially blind shall carry or use on any street, highway or other public place any cane or walking stick which is white in color, or white trimmed with red.
346.26 History
History: 1977 c. 302.
346.27
346.27
Persons working on highway. The operator of a vehicle shall yield the right-of-way to persons engaged in maintenance or construction work on a highway whenever the operator is notified of their presence by flagmen or warning signs.
346.27 History
History: 1991 a. 316;
1993 a. 490.
