346.51 Annotation
The graded, but unfinished, bed of a highway lane under construction is not a "roadway" under s. 340.01 (54). Burg v. Cincinnati Casualty Insurance Co. 2002 WI 76,
254 Wis. 2d 36,
645 N.W.2d 880.
346.52
346.52
Stopping prohibited in certain specified places. 346.52(1)(1) No person may stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, in any of the following places:
346.52(1)(c)
(c) Between a safety zone and the adjacent curb, or within 15 feet of a point on the curb immediately opposite the end of a safety zone unless a different distance is clearly indicated by an official traffic sign or marker or parking meter.
346.52(1)(d)
(d) On a sidewalk or sidewalk area, except when parking on the sidewalk or sidewalk area is clearly indicated by official traffic signs or markers or parking meters.
346.52(1)(e)
(e) Alongside or opposite any highway excavation or obstruction when stopping or standing at that place would obstruct traffic or when pedestrian traffic would be required to travel in the roadway.
346.52(1)(f)
(f) On the roadway side of any parked vehicle unless double parking is clearly indicated by official traffic signs or markers.
346.52(1)(g)
(g) Within 15 feet of the driveway entrance to a fire station or directly across the highway from a fire station entrance.
346.52(1)(h)
(h) Upon any portion of a highway where, and at the time when, stopping or standing is prohibited by official traffic signs indicating the prohibition of any stopping or standing.
346.52(1)(i)
(i) Within 25 feet of the nearest rail at a railroad crossing.
346.52(1m)
(1m) Notwithstanding
sub. (1) (a) and
(b), if snow accumulation at the usual bus passenger loading area makes it difficult to load or discharge bus passengers, the driver may stop a motor bus to load or discharge passengers on a crosswalk at an intersection where traffic is not controlled by a traffic control signal or a traffic officer.
346.52(2)
(2) During the hours of 7:30 a.m. to 4:30 p.m. during school days, no person may stop or leave any vehicle standing, whether temporarily or otherwise, upon the near side of a through highway adjacent to a schoolhouse used for any children below the 9th grade. If the highway adjacent to the schoolhouse is not a through highway, the operator of a vehicle may stop upon the near side thereof during such hours, provided such stopping is temporary and only for the purpose of receiving or discharging passengers. This subsection shall not apply to villages, towns or cities when the village or town board or common council thereof by ordinance permits parking of any vehicle or of school buses only on the near side of specified highways adjacent to schoolhouses during specified hours, or to the parking of vehicles on the near side of highways adjacent to schoolhouses authorized by
s. 349.13 (1j).
346.53
346.53
Parking prohibited in certain specified places. No person shall stop or leave any vehicle standing in any of the following places except temporarily for the purpose of and while actually engaged in loading or unloading or in receiving or discharging passengers and while the vehicle is attended by a licensed operator so that it may promptly be moved in case of an emergency or to avoid obstruction of traffic:
346.53(2)
(2) In an alley in a business district.
346.53(3)
(3) Within 10 feet of a fire hydrant, unless a greater distance is indicated by an official traffic sign.
346.53(4)
(4) Within 4 feet of the entrance to an alley or a private road or driveway.
346.53(5)
(5) Closer than 15 feet to the near limits of a crosswalk.
346.53(6)
(6) Upon any portion of a highway where and at the time when parking is prohibited, limited or restricted by official traffic signs.
346.53 History
History: 1999 a. 85.
346.53 Annotation
The trial court erred in finding a truck driver, who parked on a highway for the purpose of unloading sewage into a manhole, negligent as a matter of law and refusing to submit the question of practicality to the jury. Nelson v. Travelers Insurance Co.
80 Wis. 2d 272,
259 N.W.2d 48 (1977).
346.54
346.54
How to park and stop on streets. 346.54(1)
(1) Upon streets where stopping or parking is authorized or permitted, a vehicle is not lawfully stopped or parked unless it complies with the following requirements:
346.54(1)(a)
(a) Upon a street where traffic is permitted to move in both directions simultaneously and where angle parking is not clearly designated by official traffic signs or markers, a vehicle must be parked parallel to the edge of the street, headed in the direction of traffic on the right side of the street.
346.54(1)(b)
(b) Upon a one-way street or divided street where parking on the left side of the roadway is clearly authorized by official traffic signs or markers, vehicles may be parked only as indicated by the signs or markers.
346.54(1)(c)
(c) Upon streets where angle parking is clearly authorized by official traffic signs or markers, vehicles shall be parked at the angle and within the spaces indicated.
346.54(1)(cm)1.1. In a parallel parking area, a Type 1 motorcycle may park at an angle. If parallel parking spaces are not indicated by markers, no Type 1 motorcycle may be parked within 2 feet of another vehicle. Where a parallel parking space is indicated by a marker or where angle parking is authorized, up to 3 Type 1 motorcycles may park in the space.
346.54(1)(cm)2.
2. Up to 3 Type 1 motorcycles may be parked in a parking space where a parking meter has been installed unless the space is restricted by official traffic sign or marker to a single motorcycle. The operator of each Type 1 motorcycle parked in a single space regulated by a parking meter shall receive a citation for any violation of a time restriction.
346.54(1)(d)
(d) In parallel parking, a vehicle shall be parked facing in the direction of traffic with the right wheels within 12 inches of the curb or edge of the street when parked on the right side and with the left wheels within 12 inches of the curb or edge of the street when parked on the left side. In parallel parking, a vehicle shall be parked with its front end at least 2 feet from the vehicle in front and with its rear end at least 2 feet from the vehicle in the rear, unless a different system of parallel parking is clearly indicated by official traffic signs or markers.
346.54(1)(e)
(e) For the purpose of parking, mopeds and electric personal assistive mobility devices shall be considered bicycles. Where possible without impeding the flow of pedestrian traffic, a bicycle, moped, or electric personal assistive mobility device may be parked on a sidewalk. A bicycle, moped, or electric personal assistive mobility device may be parked in a bike rack or other similar area designated for bicycle parking.
346.54(2)
(2) No person shall stop or leave a vehicle standing in violation of this section.
346.55
346.55
Other restrictions on parking and stopping. 346.55(3)
(3) No person may leave or park any motor vehicle on private property without the consent of the owner or lessee of the property.
346.55(4)
(4) Owners or lessees of public or private property may permit parking by certain persons and limit, restrict or prohibit parking as to other persons if the owner or lessee posts a sign on the property indicating for whom parking is permitted, limited, restricted or prohibited. No person may leave or park any motor vehicle on public or private property contrary to a sign posted thereon.
346.56
346.56
Penalty for violating sections 346.503 to 346.55. 346.56(1)(b)
(b) No forfeiture may be assessed under
par. (a) if within 30 days after the uniform traffic citation was issued the person provides proof that he or she has complied with the provision of
s. 346.503 for which the citation was issued.
346.56(1g)
(1g) Any person violating
s. 346.503 (2e) shall forfeit not less than $20 nor more than $40 for the first offense. For a 2nd or subsequent conviction within 3 years, a person shall forfeit not less than $50 nor more than $100.
346.56(1m)
(1m) Any person violating
s. 346.52 to
346.54 or
346.55 (3) or
(4) may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.
346.56(4)
(4) Any person violating
s. 346.505 (2) shall forfeit not less than $50 nor more than $300.
SPEED RESTRICTIONS
346.57
346.57
Speed restrictions. 346.57(1)(ag)
(ag) "Expressway" means a state trunk highway that, as determined by the department, has 4 or more lanes of traffic physically separated by a median or barrier and that gives preference to through traffic by utilizing interchanges or limiting at-grade access to selected public roads and public driveways.
346.57(1)(am)
(am) "Freeway" means a state trunk highway that has 4 or more lanes of traffic physically separated by a median or barrier and that gives preference to through traffic by limiting access to interchanges only.
346.57(1)(ar)
(ar) "Outlying district" means the territory contiguous to and including any highway within the corporate limits of a city or village where on each side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average more than 200 feet apart.
346.57(1)(b)
(b) "Semiurban district" means the territory contiguous to and including any highway where on either side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average not more than 200 feet apart or where the buildings in use for such purposes fronting on both sides of the highway considered collectively average not more than 200 feet apart.
346.57(2)
(2) Reasonable and prudent limit. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. The speed of a vehicle shall be so controlled as may be necessary to avoid colliding with any object, person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and using due care.
346.57(3)
(3) Conditions requiring reduced speed. The operator of every vehicle shall, consistent with the requirements of
sub. (2), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, when passing school children, highway construction or maintenance workers or other pedestrians, and when special hazard exists with regard to other traffic or by reason of weather or highway conditions.
346.57(4)
(4) Fixed limits. In addition to complying with the speed restrictions imposed by
subs. (2) and
(3), no person shall drive a vehicle at a speed in excess of the following limits unless different limits are indicated by official traffic signs:
346.57(4)(a)
(a) Fifteen miles per hour when passing a schoolhouse at those times when children are going to or from school or are playing within the sidewalk area at or about the school.
346.57(4)(b)
(b) Fifteen miles per hour when passing an intersection or other location properly marked with a "school crossing" sign of a type approved by the department when any of the following conditions exists:
346.57(4)(b)2.
2. A school crossing guard is within a crosswalk at the intersection or the other location or, if no crosswalk exists, is in the roadway at the intersection or the other location.
346.57(4)(b)3.
3. A school crossing guard is placing in or removing from the roadway at or near the intersection or the other location a temporary sign or device that guides, warns, or regulates traffic.
346.57(4)(c)
(c) Fifteen miles per hour when passing a safety zone occupied by pedestrians and at which a public passenger vehicle has stopped for the purpose of receiving or discharging passengers.
346.57(4)(e)
(e) Twenty-five miles per hour on any highway within the corporate limits of a city or village, other than on highways in outlying districts in such city or village.
346.57(4)(em)
(em) Twenty-five miles per hour on any service road within the corporate limits of a city or village unless modified by the authority in charge of the highway.
346.57(4)(f)
(f) Thirty-five miles per hour in any outlying district within the corporate limits of a city or village.
346.57(4)(g)
(g) Thirty-five miles per hour on any highway in a semiurban district outside the corporate limits of a city or village.
346.57(4)(gm)
(gm) Sixty-five miles per hour on any freeway or expressway.
346.57(4)(h)
(h) In the absence of any other fixed limits or the posting of limits as required or authorized by law, 55 miles per hour.
346.57(4)(i)
(i) Fifteen miles per hour on any street or town road, except a state trunk highway or connecting highway, within, contiguous to or adjacent to a public park or recreation area when children are going to or from or are playing within such area, when the local authority has enacted an ordinance regulating such traffic and has properly marked such area with official traffic control devices erected at such points as said authority deems necessary and at those points on the streets or town roads concerned where persons traversing the same would enter such area from an area where a different speed limit is in effect.
346.57(4)(j)
(j) Thirty-five miles per hour on any town road where on either side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average less than 150 feet apart, provided the town board has adopted an ordinance determining such speed limit and has posted signs at such points as the town board deems necessary to give adequate warning to users of the town road.
346.57(4)(k)
(k) Forty-five miles per hour on any highway designated as a rustic road under
s. 83.42.
346.57(5)
(5) Zoned and posted limits. In addition to complying with the speed restrictions imposed by
subs. (2) and
(3), no person shall drive a vehicle in excess of any speed limit established pursuant to law by state or local authorities and indicated by official signs.
346.57(6)
(6) Certain statutory limits to be posted. 346.57(6)(a)(a) On state trunk highways and connecting highways and on county trunk highways or highways marked and signed as county trunks, the speed limits specified in
sub. (4) (e) and
(f) are not effective unless official signs giving notice thereof have been erected by the authority in charge of maintenance of the highway in question. The speed limit specified in
sub. (4) (g) and
(k) is not effective on any highway unless official signs giving notice thereof have been erected by the authority in charge of maintenance of the highway in question. The signs shall be erected at such points as the authority in charge of maintenance deems necessary to give adequate warning to users of the highway in question, but an alleged failure to post a highway as required by this paragraph is not a defense to a prosecution for violation of the speed limits specified in
sub. (4) (e),
(f),
(g) or
(k), or in an ordinance enacted in conformity therewith, if official signs giving notice of the speed limit have been erected at those points on the highway in question where a person traversing such highway would enter it from an area where a different speed limit is in effect.
346.57(6)(b)
(b) The limit specified under
sub. (4) (gm) is not effective unless official signs giving notice of the limit have been erected by the department.
346.57 Annotation
While sub. (2) is related to sub. (3), it is not limited by sub. (3). Sub. (3) creates a greater duty in respect to speed than sub. (2) does. Thoreson v. Milwaukee & Suburban Transport Corp.
56 Wis. 2d 231,
201 N.W.2d 745 (1972).
346.57 Annotation
Judicial notice may be taken of the reliability of the underlying principles of radar that employs the Doppler effect to determine speed. A prima facie presumption of accuracy of moving radar will be accorded upon competent testimony of the operating officer of required facts. State v. Hanson,
85 Wis. 2d 233,
270 N.W.2d 212 (1978).
346.57 Annotation
A prima facie presumption of accuracy applies to stationary radar devices. City of Wauwatosa v. Collett,
99 Wis. 2d 522,
299 N.W.2d 620 (Ct. App. 1980).
346.57 Annotation
An actor may claim the defense of legal justification if the conduct of a law enforcement officer causes the actor to reasonably believe that violating the law is the only means of preventing bodily harm to the actor or another and causes the actor to violate the law. State v. Brown,
107 Wis. 2d 44,
318 N.W.2d 370 (1982).
346.57 Annotation
This section does not impose absolute liability upon drivers to avoid accidents. Millonig v. Bakken,
112 Wis. 2d 445,
334 N.W.2d 80 (1983).
346.57 Annotation
The presumption of the accuracy of moving radar is discussed. The elements of the Hanson/Kramer criteria are explained. Washington County v. Luedtke,
135 Wis. 2d 131,
399 N.W.2d 906 (1987).
