BICYCLES, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, AND PLAY VEHICLES
346.77
346.77
Responsibility of parent or guardian for violation of bicycle and play vehicle regulations. No parent or guardian of any child shall authorize or knowingly permit such child to violate any of the provisions of
ss. 346.78 to
346.804 and
347.489.
346.77 History
History: 1983 a. 243 s.
66;
2001 a. 90.
346.78
346.78
Play vehicles not to be used on roadway. No person riding upon any play vehicle may attach the same or himself or herself to any vehicle upon a roadway or go upon any roadway except while crossing a roadway at a crosswalk.
346.78 History
History: 1983 a. 243.
346.79
346.79
Special rules applicable to bicycles. Whenever a bicycle is operated upon a highway, bicycle lane or bicycle way the following rules apply:
346.79(1)
(1) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
346.79(2)(a)(a) Except as provided in
par. (b), no bicycle may be used to carry or transport more persons at one time than the number for which it is designed.
346.79(2)(b)
(b) In addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child's seat or trailer designed for attachment to a bicycle if the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer.
346.79(3)
(3) No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handle bars.
346.79(4)
(4) No person riding a bicycle shall attach himself or herself or his or her bicycle to any vehicle upon a roadway.
346.79(5)
(5) No person may ride a moped or motor bicycle with the power unit in operation upon a bicycle way.
346.79 Annotation
Sub. (2) is violated when 2 persons ride on a single bicycle designed for one person to which an additional seat, but no footrests or handgrips, has been added. 61 Atty. Gen. 360.
346.80
346.80
Riding bicycle or electric personal assistive mobility device on roadway. 346.80(1)
(1) In this section, "substandard width lane" means a lane that is too narrow for a bicycle or electric personal assistive mobility device and a motor vehicle to travel safely side by side within the lane.
346.80(2)(a)(a) Any person operating a bicycle or electric personal assistive mobility device upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand edge or curb of the unobstructed traveled roadway, including operators who are riding 2 or more abreast where permitted under
sub. (3), except:
346.80(2)(a)1.
1. When overtaking and passing another vehicle proceeding in the same direction.
346.80(2)(a)2.
2. When preparing for a left turn at an intersection or into a private road or driveway.
346.80(2)(a)3.
3. When reasonably necessary to avoid unsafe conditions, including fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to ride along the right-hand edge or curb.
346.80(2)(b)
(b) Notwithstanding
par. (a), any person operating a bicycle or electric personal assistive mobility device upon a one-way highway having 2 or more lanes available for traffic may ride as near the left-hand edge or curb of the roadway as practicable.
346.80(2)(c)
(c) Any person operating a bicycle or electric personal assistive mobility device upon a roadway shall exercise due care when passing a standing or parked vehicle or a vehicle proceeding in the same direction, allowing a minimum of 3 feet between the bicycle or electric personal assistive mobility device and the vehicle, and shall give an audible signal when passing a bicycle or electric personal assistive mobility device rider proceeding in the same direction.
346.80(3)(a)(a) Persons riding bicycles or electric personal assistive mobility devices upon a roadway may ride 2 abreast if such operation does not impede the normal and reasonable movement of traffic. Bicycle or electric personal assistive mobility device operators riding 2 abreast on a 2-lane or more roadway shall ride within a single lane.
346.80(3)(b)
(b) Persons riding bicycles upon a roadway may not ride more than 2 abreast except upon any path, trail, lane or other way set aside for the exclusive use of bicycles and electric personal assistive mobility devices.
346.80(4)
(4) No person may operate a bicycle, electric personal assistive mobility device, or moped upon a roadway where a sign is erected indicating that bicycle, electric personal assistive mobility device, or moped riding is prohibited.
346.80(5)
(5) Except as provided in
ss. 346.23,
346.24,
346.37, and
346.38, every rider of a bicycle or electric personal assistive mobility device shall, upon entering on a highway, yield the right-of-way to motor vehicles.
346.803
346.803
Riding bicycle or electric personal assistive mobility device on bicycle way. 346.803(1)
(1) Every person operating a bicycle or electric personal assistive mobility device upon a bicycle way shall:
346.803(1)(a)
(a) Exercise due care and give an audible signal when passing a bicycle or electric personal assistive mobility device rider or a pedestrian proceeding in the same direction.
346.803(1)(b)
(b) Obey each traffic signal or sign facing a roadway which runs parallel and adjacent to a bicycle way.
346.803(2)
(2) Every person operating a bicycle or electric personal assistive mobility device upon a bicycle way open to 2-way traffic shall ride on the right side of the bicycle way.
346.803(3)
(3) Every operator of a bicycle or electric personal assistive mobility device entering a bicycle way shall yield the right-of-way to all bicycles and pedestrians in the bicycle way.
346.803(4)
(4) Except as provided in
s. 349.236 (1) (bm), a person may operate an electric personal assistive mobility device upon any bicycle path.
346.803 History
History: 1973 c. 182;
2001 a. 90.
346.804
346.804
Riding bicycle on sidewalk. When local authorities under
s. 346.94 (1) permit bicycles on the sidewalk, every person operating a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle or electric personal assistive mobility device rider or a pedestrian proceeding in the same direction.
346.804 History
History: 1973 c. 182;
2001 a. 90.
346.805
346.805
Riding electric personal assistive mobility device on sidewalk. Except as provided in
ss. 346.94 (18) (a) 2. and
349.236 (1) (b), a person may operate an electric personal assistive mobility device upon any sidewalk. Every person operating an electric personal assistive mobility device upon a sidewalk shall yield the right-of-way to any pedestrian or bicyclist and shall exercise due care and give an audible signal when passing a bicycle or other electric personal assistive mobility device or a pedestrian proceeding in the same direction.
346.805 History
History: 2001 a. 90.
346.82
346.82
Penalty for violating sections 346.77 to 346.805. 346.82(2)
(2) Any person violating
s. 346.78 or
346.79 (4) 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.
MISCELLANEOUS RULES
346.87
346.87
Limitations on backing. The operator of a vehicle shall not back the same unless such movement can be made with reasonable safety.
346.88
346.88
Obstruction of operator's view or driving mechanism. 346.88(1)(1) No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, or any persons so situated, as to obstruct the view of the operator to the front or to the sides or as to interfere with the operator having free use of both hands and feet to the operating mechanisms or controls of the vehicle.
346.88(2)
(2) No passenger in a vehicle shall ride in such a position as to interfere with the operator's view ahead or to the sides or to interfere with the operator's control of the operating mechanism of the vehicle.
346.88(3)(a)(a) No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, front side wings, side windows in the driver's compartment or rear window of such vehicle other than a certificate or other sticker issued by order of a governmental agency. Such permitted sticker shall not cover more than 15 square inches of glass surface and shall be placed in the lower left-hand corner of the windshield; the left corner being on the driver's left when seated behind the wheel.
346.88(3)(b)
(b) No person shall drive any motor vehicle upon a highway with any object so placed or suspended in or upon the vehicle so as to obstruct the driver's clear view through the front windshield.
346.88(3)(c)
(c) No person shall drive any motor vehicle upon a highway so loaded or with any object so placed or suspended in or upon the vehicle so as to obstruct the driver's clear vision through the rear window unless such vehicle is equipped with an outside rear view mirror meeting the requirements of
s. 347.40.
346.88(3)(d)
(d) Signal lamps used by authorized emergency vehicles shall not be considered a violation of this section.
346.88(4)
(4) The windshield, side wings and side and rear windows of a motor vehicle shall be kept reasonably clean at all times.
346.89
346.89
Inattentive driving. 346.89(1)
(1) No person while driving a motor vehicle shall be so engaged or occupied as to interfere with the safe driving of such vehicle.
346.89(2)
(2) No person shall drive any motor vehicle equipped with any device for visually receiving a television broadcast when such device is located in the motor vehicle at any point forward of the back of the operator's seat or when such device is visible to the operator while driving the motor vehicle.
346.90
346.90
Following emergency vehicle. The operator of any vehicle other than one on official business shall not follow an authorized emergency vehicle responding to a call or alarm closer than 500 feet or drive into or park his or her vehicle within the block where, or within 300 feet of the driveway entrance or similar point of access to a driveway or road on which, fire apparatus has stopped in response to an alarm. The personal vehicles of members of a volunteer fire department answering the alarm are considered on official business.
346.90 History
History: 1975 c. 253,
421.
346.91
346.91
Crossing fire hose. No person without the consent of the fire department official in command may drive a vehicle over any unprotected hose of a fire department when such hose is laid down on any street or private driveway to be used at any fire or alarm of fire.
346.91 History
History: 1985 a. 187.
346.915
346.915
Following snowplows. 346.915(1)
(1) In this section, "snowplow" means a vehicle that is operated by a person employed by or on behalf of an authority in charge of the maintenance of the highway to perform highway winter maintenance snow and ice removal, including plowing, salting, and sanding, during either a storm or cleanup following a storm and which is using lamps described in
s. 347.26 (7).
346.915(2)
(2) The operator of any vehicle that is not a snowplow may not follow a snowplow closer than 200 feet upon any highway having a posted speed limit of more than 35 miles per hour, if the snowplow is engaged in highway winter maintenance snow and ice removal, as described in
sub. (1), and is using lamps described in
s. 347.26 (7). This subsection does not apply when overtaking and passing a snowplow, but the fact that the operator of any vehicle upon a highway having a posted speed limit of more than 35 miles per hour follows the snowplow more closely than 200 feet for one mile or more or follows more closely than 200 feet when the snowplow is moving at the maximum speed limit is prima facie evidence that the operator of such following vehicle is violating this subsection. This subsection does not apply to a snowplow that is stopped or standing in the highway.
346.915 History
History: 2001 a. 34.
346.92(1)(1) No person shall drive a vehicle when any person other than an employee engaged in the necessary discharge of the employee's duty is upon any portion thereof not designed or intended for the use of passengers.
346.92(2)
(2) No person other than an employee engaged in the necessary discharge of the employee's duty shall ride upon any portion of a vehicle not designed or intended for the use of passengers.
346.92(3)
(3) This section does not apply to persons riding within truck bodies in spaces intended for merchandise or to the operator of any such vehicle.
346.92 History
History: 1991 a. 316.
346.922
346.922
Transporting children in cargo areas of motor trucks. 346.922(1)(1) Notwithstanding
s. 346.92, no person may operate upon a highway a motor truck having a gross weight of 10,000 pounds or less when any child under the age of 16 years is in an open cargo area of the motor truck.
346.922(2)
(2) Subsection (1) does not apply to any of the following:
346.922(2)(a)
(a) A person operating a farm truck in conjunction with farm operations.
346.922(2)(b)
(b) A person operating a motor truck in a parade sanctioned by a local municipality.
346.922(2)(c)
(c) A person operating a motor truck for the purpose of transporting licensed deer hunters during the authorized deer hunting season with firearms.
346.922 History
History: 1995 a. 420.
346.922 Annotation
This section is a safety statute intended to prevent any and all harms that could result from a child being transported in the open cargo area of a vehicle, including those resulting from a child's immature decision to jump from the cargo area of a moving vehicle. A destaging area of a parade falls under the exception under sub. (2) (b) for parades sanctioned by local municipalities. Nunez v. American Family Mutual Insurance, 2003 WI App 35,
260 Wis. 2d 377,
659 N.W.2d 171,
02-1041.
346.923
346.923
Human service vehicles; minimum operator qualifications. Notwithstanding
ss. 111.321,
111.322, and
111.335, no person may operate a human service vehicle transporting any passenger unless all of the following apply:
346.923(1)
(1) The operator possesses a valid operator's license issued under
ch. 343 or by another jurisdiction that authorizes the operation of the human service vehicle.
346.923(8)
(8) The operator has, within the 2 previous years, been fully trained in the proper use of all passenger restraint systems available in the human service vehicle.
346.923 History
History: 2003 a. 297,
327.
346.925
346.925
Operation of agricultural machinery by youthful operators.
