GENERAL PROVISIONS
349.01
349.01
Words and phrases defined. 349.01(1)
(1) Words and phrases defined in
s. 340.01 are used in the same sense in this chapter unless a different definition is specifically provided.
349.01(2)
(2) In this chapter, "chauffeur" means a person employed full time or on a regular basis, including leased drivers, for the principal purpose of operating a motor vehicle.
349.01 History
History: 1989 a. 105.
349.015
349.015
Applicability of chapter to electric personal assistive mobility devices. An electric personal assistive mobility device shall be considered a vehicle for purposes of this chapter, except those provisions which by their express terms apply only to motor vehicles or which by their very nature would have no application to electric personal assistive mobility devices.
349.015 History
History: 2001 a. 90.
349.02
349.02
Police and traffic officers to enforce law. 349.02(1)
(1) It is the duty of the police, sheriff's and traffic departments of every unit of government and each authorized department of the state to enforce
chs. 346 to
348 and
350. Police officers, sheriffs, deputy sheriffs and traffic officers are authorized to direct all traffic within their respective jurisdictions either in person or by means of visual or audible signal in accordance with
chs. 346 to
348 and
350. In the event of fire or other emergency, police officers, sheriffs, deputy sheriffs and traffic officers and officers of the fire department may direct traffic as conditions may require notwithstanding the provisions of
chs. 346 to
348 and
350.
349.02(2)(a)(a) Notwithstanding
sub. (1), a police officer, sheriff, deputy sheriff, traffic officer or motor vehicle inspector may not stop or inspect a vehicle solely to determine compliance with a statute or ordinance specified under
par. (b) unless the police officer, sheriff, deputy sheriff, traffic officer or motor vehicle inspector has reasonable cause to believe that a violation of a statute or ordinance specified under
par. (b) has been committed. This paragraph does not limit the authority of a police officer, sheriff, deputy sheriff, traffic officer or motor vehicle inspector to make an arrest or issue a citation for a violation of any statute or ordinance specified under
par. (b) observed in the course of a stop or inspection made for a lawful purpose. This paragraph does not apply to a traffic officer or motor vehicle inspector in the performance of duties under
s. 110.075 (2).
349.02(2)(b)
(b) The statutes and ordinances covered under
par. (a) are all of the following:
349.02(2)(b)1.
1. This chapter and local ordinances enacted under this chapter.
349.02(2)(c)
(c) Notwithstanding
par. (a), a law enforcement officer may not stop a vehicle solely because the vehicle's color differs from the color stated in the application for registration of that vehicle. This paragraph does not limit the authority of a law enforcement officer to issue a citation for improper registration of a vehicle whose color differs from the color stated in the application for registration of the vehicle, if the difference is observed in the course of a stop or inspection made for other purposes.
349.02(3)(a)(a) In this subsection, "photo radar speed detection" means the detection of a vehicle's speed by use of a radar device combined with photographic identification of the vehicle.
349.02(3)(b)
(b) Notwithstanding
sub. (1), the state and local authorities may not use photo radar speed detection to determine compliance with any speed restriction imposed by
s. 346.57,
346.58,
346.59,
346.595 or
349.11 or a local ordinance in conformity therewith.
349.02 Annotation
In case of an emergency, a sheriff has the power to temporarily close any highway in the county and to divert traffic. 67 Atty. Gen. 335.
349.025
349.025
Quotas relating to the enforcement of traffic regulations prohibited. 349.025(1)(b)
(b) "Political subdivision" means a city, village, town or county.
349.025(1)(c)
(c) "State agency" means an office, commission, department or independent agency in the executive branch of state government.
349.025(1)(d)
(d) "Traffic regulation" means a provision of
chs. 194 or
341 to
348 or an ordinance enacted in accordance with this chapter.
349.025(2)
(2) No state agency or political subdivision of this state may require a law enforcement officer to issue a specific number of citations, complaints or warning notices during any specified time period for violations of traffic regulations.
349.025(3)
(3) A state agency or political subdivision may, for purposes of evaluating a law enforcement officer's job performance, compare the number of citations, complaints or warning notices issued by the law enforcement officer to the number of citations, complaints or warning notices issued by all law enforcement officers employed by the state agency or political subdivision who have similar job duties and who serve in the same administrative unit as the law enforcement officer.
349.025 History
History: 1999 a. 16.
349.03
349.03
Regulation by local authorities forbidden; exceptions. 349.03(1)(1)
Chapters 341 to
348 and
350 shall be uniform in operation throughout the state. No local authority may enact or enforce any traffic regulation unless such regulation:
349.03(2)
(2) No local authority may enact or enforce any traffic regulation providing for suspension or revocation of motor vehicle operator's licenses or requiring local registration of vehicles, except as authorized by
s. 341.35, or in any manner excluding or prohibiting any motor vehicle, mobile home, trailer or semitrailer whose owner has complied with
chs. 341 to
348 from the free use of all highways, except as authorized by
sub. (3) and
ss. 66.0429 (1) and
(3),
349.13,
349.17,
349.22 and
349.23.
349.03(2m)
(2m) Notwithstanding
sub. (2), a municipal court may suspend a license for a violation of a local ordinance in conformity with
s. 346.63 (1) or
(2m).
349.03(3)
(3) In a county having a population of at least 500,000, city councils and village boards may, as to streets within their corporate limits, and the county board may, as to all other highways, establish one-way lanes to be used only by specified public transportation vehicles but only to facilitate mass transit and taxicab movement. The authority granted by this subsection may be exercised extraterritorially by the county board of the populous county on those portions of county trunk and state trunk highways in contiguous counties which are within 2 miles of the populous county if the highways so affected are connected to highways similarly affected in the populous county and if the board of the contiguous county concurs.
349.03(4)
(4) If a violation under
s. 343.305 or
346.63 or a local ordinance in conformity with
s. 346.63 (1),
(5) or
(7) occurs within a law enforcement officer's jurisdiction, he or she may enforce the violation anywhere in the state.
349.03 Annotation
Section 349.03, in prohibitory language, is the same concept of municipal power that is expressed affirmatively in s. 349.06. These sections must be read together and establish one test. Janesville v. Walker,
50 Wis. 2d 35,
183 N.W.2d 158 (1971).
349.03 Annotation
A city ordinance prohibiting loud and unnecessary tire or engine noise was valid under ss. 349.03 (1) and 349.06 (1). City of Janesville v. Garthwaite,
83 Wis. 2d 866,
266 N.W.2d 418 (1978).
349.03 Annotation
There is no authority for municipalities to enact state administrative rules as ordinances. Town of East Troy v. A-1 Service Co., Inc.
196 Wis. 2d 120,
537 N.W.2d 126 (Ct. App. 1995),
94-0610.
349.04
349.04
Truck driver education surcharges. 349.04(1)
(1) If a court imposes a fine or forfeiture for a violation of a provision of
chs. 346 to
348 or a rule issued under
chs. 346 to
348 and the violation involved a commercial motor vehicle, the court shall impose under
ch. 814 a truck driver education surcharge of $8.
349.04(2)
(2) If a fine or forfeiture is suspended in whole or in part, the truck driver education surcharge shall be reduced in proportion to the suspension.
349.04(3)
(3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the truck driver education surcharge under this section. If the deposit is forfeited, the amount of the truck driver education surcharge shall be transmitted to the secretary of administration under
sub. (4). If the deposit is returned, the amount of the truck driver education surcharge shall also be returned.
349.04(4)
(4) The clerk of the circuit court shall collect and transmit to the county treasurer the truck driver education surcharge as required under
s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration as provided in
s. 59.25 (3) (f) 2. The secretary of administration shall deposit all amounts received under this subsection in the general fund to be credited to the appropriation account under
s. 20.292 (1) (hm).
349.04(5)
(5) This section first applies to fines and forfeitures imposed on the first day of the first month beginning after the director of the technical college system notifies the director of state courts under
2001 Wisconsin Act 16, section 9148 (1f) that the truck driver training center at Waukesha County Technical College is scheduled to open.
349.04 History
History: 2001 a. 16;
2003 a. 33,
139,
326.
EXPRESS REGULATORY POWERS
349.06
349.06
Authority to adopt traffic regulations in strict conformity with state law. 349.06(1)(a)(a) Except for the suspension or revocation of motor vehicle operator's licenses or except as provided in
par. (b), any local authority may enact and enforce any traffic regulation which is in strict conformity with one or more provisions of
chs. 341 to
348 and
350 for which the penalty for violation thereof is a forfeiture.
349.06(1)(b)
(b) Any local authority shall enact and enforce parking regulations and penalties for violations of those regulations which are in conformity with the provisions of
ss. 346.503,
346.505 and
346.56.
349.06(1)(c)
(c) Any local authority may enact and enforce any traffic regulation that is in strict conformity with any rule of the department promulgated under
ch. 110,
347 or
348, except rules pertaining to federal motor carrier safety standards, for which the penalty for a violation thereof is a forfeiture.
349.06(1m)
(1m) Notwithstanding
sub. (1), a municipal court may suspend a license for a violation of a local ordinance in conformity with
s. 346.63 (1) or
(2m).
349.06(2)
(2) Traffic regulations adopted by local authorities which incorporate by reference existing or future amendments to
chs. 340 to
348 or rules of the department shall be deemed to be in strict conformity and not contrary to or inconsistent with such chapters or rules. This subsection does not require local traffic regulations to incorporate state traffic laws or rules by reference in order to meet the requirements of
s. 349.03 or
sub. (1).
349.06 Annotation
Section 349.03, in prohibitory language, is the same concept of municipal power that is expressed affirmatively in s. 349.06. These sections must be read together and establish one test. Janesville v. Walker,
50 Wis. 2d 35,
183 N.W.2d 158 (1971).
349.06 Annotation
A city ordinance prohibiting loud and unnecessary tire or engine noise was valid under ss. 349.03 (1) and 349.06 (1). City of Janesville v. Garthwaite,
83 Wis. 2d 866,
266 N.W.2d 418 (1978).
349.06 Annotation
A county can enact and enforce traffic ordinances applicable to town roads. 64 Atty. Gen. 172.
349.065
349.065
Uniform traffic control devices. Local authorities shall place and maintain traffic control devices upon highways under their jurisdiction to regulate, warn, guide or inform traffic. The design, installation and operation or use of new traffic control devices placed and maintained by local authorities after the adoption of the uniform traffic control devices manual under
s. 84.02 (4) (e) shall conform to the manual. After January 1, 1977, all traffic control devices placed and maintained by local authorities shall conform to the manual.
349.065 History
History: 1973 c. 185.
349.065 Annotation
The decision to erect a stop sign, once made, carries with it the responsibility to ensure that the sign is properly installed and maintained to ensure that it remains visible to the motorists whose conduct the sign was intended to control. A local government that erects a stop sign should not be shielded on public policy grounds from liability when a tree obscures the stop sign. Physicians Plus Insurance Corporation v. Midwest Mutual Insurance Co. 2001 WI App 148,
246 Wis. 2d 933,
632 N.W.2d 59. Affirmed, 2002 WI 80,
254 Wis. 2d 77,
646 N.W.2d 777.
349.065 Annotation
That the county erected a stop sign at the intersection of town and county highways, within the town right-of-way did not preclude possible liability in the town or the adjacent landowner for an accident resulting from the sign being obscured by a tree. Both units of government and the landowner had a duty to correct the hazardous condition created by the tree. Physicians Plus Insurance Corporation v. Midwest Mutual Insurance Co. 2001 WI App 148,
246 Wis. 2d 933,
632 N.W.2d 59. Affirmed, 2002 WI 80,
254 Wis. 2d 77,
646 N.W.2d 777.
349.07
349.07
Authority to designate through highways. 349.07(1)(1) The department may, when it deems it necessary for the public safety, by order declare any state trunk highway or connecting highway or portion thereof to be a through highway.
349.07(2)
(2) Every county highway committee may, when it deems necessary for the public safety, by order declare any county trunk highway or portion thereof to be a through highway, except that where a state trunk highway intersects a county trunk highway the department shall designate the through highway.
349.07(3)
(3) Every local authority may, when it deems it necessary for the public safety, by ordinance or resolution declare any highway or portion thereof under its exclusive jurisdiction to be a through highway.
349.07(4)
(4) No order, ordinance or resolution declaring any highway to be a through highway is effective until official stop signs or traffic control signals have been installed at the entrances thereto from other highways.
349.07(5)
(5) Through highway declarations under this section shall not apply to any paralleling service roads.
349.07(6)(a)(a) Nothing in this section shall prohibit local authorities from placing additional stop signs on the roadway or temporary school zoning warning signs or temporary stop signs in the roadway at school crossings during periods of daylight when school children are using such crossings if such signs do not physically obstruct traffic.
349.07(6)(b)
(b) Nothing in this section shall prohibit local authorities from placing temporary stop signs in the roadway at intersections or crosswalks for limited periods of time if the local authorities deem it necessary for the public safety and if the signs do not physically obstruct traffic.
349.07(7)(a)(a) The department may, when it deems necessary for the public safety, by order provide for the installation of yield signs on state trunk highways and connecting highways, and the governing body of any city, or county, may by ordinance or resolution provide, when it deems it necessary for the public safety, for the installation of yield signs on any through highway which has been so declared under
sub. (3) and under its exclusive jurisdiction to regulate merging traffic movements and conflicting movements occurring within the intersection of 2 or more highways. Yield signs shall not be used in lieu of stop signs where a highway directly crosses a through 2-way highway.
349.07(7)(b)
(b) The governing body of any town, city, village or county may by ordinance or resolution provide for the installation of yield signs at any intersection over which it has exclusive jurisdiction, but if the intersection is part of a through highway such yield signs can be installed at such intersections only as provided in
par. (a).
349.07(8)
(8) The governing body of any town, city, village or county may by ordinance or resolution provide for the installation of stop signs and traffic signals at intersections on highways over which it has exclusive jurisdiction.
349.07 Annotation
Legislative Council Note, 1977: Section 349.08 (6) (a), relating to the placement of yield signs, is renumbered s. 349.07 (7) (a) and amended to prohibit the use of yield signs in lieu of stop signs where a highway directly crosses a through 2-way highway; the present prohibition against the use of yield signs in lieu of stop signs is overly broad in that it is not restricted to highways which directly cross through highways. By definition, the entrances to a "through highway" from intersecting highways must be controlled by traffic control signals or stop signs; "through highway" is defined in s. 340.01 (67). [Bill 465-A]
349.08
349.08
Cost of signs and traffic control signals. The department may, when requested, furnish official traffic control devices and highway paint at cost to any local authority.
349.085
349.085
Authority to install stop signs at railroad grade crossings. Local authorities may, by ordinance, when they deem it necessary for the public safety, install official stop signs at public traveled railroad grade crossings on highways maintained by the respective authorities.
349.085 History
History: 1977 c. 116.
349.09
349.09
Authority to remove prohibited signs or signals. Every sign, signal, marking or device which is placed, maintained or displayed in violation of
s. 346.41 is declared to be a public nuisance. The authority in charge of maintenance of the highway in question may notify in writing the owner or occupant of the premises upon which the nuisance exists or the person causing or maintaining the nuisance to remove the same. If such nuisance is not removed within 30 days after such notice is given or if an unauthorized signal or device is found to be in operation at any time after such notice is given, the authority in charge of maintenance of the highway may cause the nuisance to be removed and collect the expense of removal from the person notified to remove it. The expense of removal may be charged against the premises and, upon certificate of the highway authority causing the removal, assessed as are other special taxes.
349.09 Cross-reference
Cross Reference: See also s.
Trans 200.04, Wis. adm. code.
