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.
347.485 Annotation
Three-wheeled trucks and automobiles, golf carts, and other special purpose vehicles such as street sweepers, industrial fork-lifts, and motorized wheelbarrows are not motorcycles, and operators are not subject to this section. 58 Atty. Gen. 17.
347.486
347.486
General requirements. 347.486(1)
(1) No person may operate a Type 1 motorcycle if the handlegrips of the handlebars rise more than 30 inches above the lowest point of the top of the driver's seat when the seat is occupied.
347.486(2)
(2) No person may operate a Type 1 motorcycle with an improvised, defective or repaired handlebar.
347.486(3)
(3) No person may operate a motorcycle without a functioning muffler.
347.487
347.487
Seating requirements. Except as provided in
s. 346.595 (3m), no more than 2 persons may ride on a Type 1 motorcycle during operation, and then only if the vehicle is equipped and designed with adequate seats and foot rests or pegs. Foot rests or pegs shall be mounted in accordance with manufacturer's specifications. In the absence of manufacturer's specifications, foot rests or pegs for the passenger shall be located on the same horizontal plane as those of the operator.
347.487 History
History: 1983 a. 243;
1985 a. 65.
347.488
347.488
Moped equipment. No person may operate a moped unless:
347.488(1)
(1) The moped complies with all federal emission, equipment and safety standards applicable at the time of manufacture;
347.488(2)
(2) None of the original equipment installed on the moped by the manufacturer has been replaced with equipment of lesser performance characteristics; and
347.488(3)
(3) The performance characteristics of the moped have not been altered so as to enable it to exceed the maximum design speed authorized for a moped under
s. 340.01 (29m).
347.488 History
History: 1977 c. 288.
347.489
347.489
Lamps and other equipment on bicycles, motor bicycles, and electric personal assistive mobility devices. 347.489(1)(1) No person may operate a bicycle, motor bicycle, or electric personal assistive mobility device upon a highway, sidewalk, bicycle lane, or bicycle way during hours of darkness unless the bicycle, motor bicycle, or electric personal assistive mobility device is equipped with or, with respect to a bicycle or motor bicycle, the operator is wearing, a lamp emitting a white light visible from a distance of at least 500 feet to the front of the bicycle, motor bicycle, or electric personal assistive mobility device. A bicycle, motor bicycle, or electric personal assistive mobility device shall also be equipped with a red reflector that has a diameter of at least 2 inches of surface area or, with respect to an electric personal assistive mobility device, that is a strip of reflective tape that has at least 2 square inches of surface area, on the rear so mounted and maintained as to be visible from all distances from 50 to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red or flashing amber light visible from a distance of 500 feet to the rear may be used in addition to but not in lieu of the red reflector.
347.489(2)
(2) No person may operate a bicycle, motor bicycle, or electric personal assistive mobility device upon a highway, bicycle lane, or bicycle way unless it is equipped with a brake in good working condition, adequate to control the movement of and to stop the bicycle, motor bicycle, or electric personal assistive mobility device whenever necessary.
347.489(3)
(3) No bicycle, motor bicycle, or electric personal assistive mobility device may be equipped with nor may any person riding upon a bicycle, motor bicycle, or electric personal assistive mobility device use any siren or compression whistle.
347.489 History
History: 1973 c. 182,
333;
1977 c. 208;
1983 a. 243 s.
39; Stats. 1983 s. 347.489;
1995 a. 138;
2001 a. 90.
347.49
347.49
Equipment of vehicles transporting flammable liquids. 347.49(1)(1) In this section, "flammable liquid" means any gasoline, naphtha, benzine, fuel oil, crude oil, kerosene or other liquid which has a flashpoint of 80° F. or less as determined by a Tagliabue or equivalent closed-cup test device.
347.49(2)
(2) No person shall transport in or on any motor vehicle, trailer or semitrailer upon a highway any flammable liquid except by tank mounted on or attached to or structurally a part of such motor vehicle, trailer or semitrailer and which is plainly marked to show that flammable liquids are being transported therein.
347.49(3)
(3) This section does not apply to transportation of flammable liquids as freight only by the consumer from the place of purchase to the place of consumption if such liquids are transported in drums or other containers having a capacity of not more than 100 gallons each and if the total amount of such liquids so transported in any one vehicle or combination of vehicles does not exceed 500 gallons.
347.50(1s)
(1s) Any person violating
s. 347.413 (1) or
347.417 (1) may be required to forfeit not less than $150 nor more than $600 for the first offense. For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000 or imprisoned for not more than 6 months or both.
347.50(2)
(2) Any person violating
s. 347.415 (1m),
(2), and
(3) to
(5) or
347.475 may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.
347.50(2m)(b)
(b) No forfeiture may be assessed for a violation of
s. 347.48 (2m) (d) if the violator is less than 16 years of age when the offense occurs.
347.50(3)(b)1.
1. The motor vehicle was not equipped with a child safety restraint system meeting the requirements under
s. 347.48 (4) (a) 1. at the time the uniform traffic citation was issued; and
347.50(3)(b)2.
2. The person provides proof that, within 30 days after the uniform traffic citation was issued, a child safety restraint system meeting the requirements under
s. 347.48 (4) (a) 1. was purchased or leased and properly installed in the motor vehicle.
347.50(4)
(4) Any person violating
s. 347.48 (4) (a) 2. may be required to forfeit not less than $10 nor more than $25 for the first offense. For a 2nd or subsequent conviction within 3 years, a person may be required to forfeit not less than $25 nor more than $200.
347.50(5)
(5) Any person violating
s. 347.489 may be required to forfeit not more than $20.
