350.138 Snowmobile rail crossings requiring permits.
350.139 Established snowmobile rail crossings.
350.1395 Snowmobile rail crossings; closing and removal; review of rail authorities; insurance rules.
350.14 Duties of snowmobile recreational council.
350.145 Recommendations of the snowmobile recreational council.
350.15 Accidents and accident reports.
350.155 Coroners and medical examiners to report; require blood specimen.
350.19 Liability of landowners.
350.99 Parties to a violation.
350.01
350.01
Definitions. In this chapter:
350.01(1r)
(1r) "Board" means the natural resources board.
350.01(3)
(3) "Department" means the department of natural resources.
350.01(6m)
(6m) " Headlamp barrier" means a fence, natural growth, difference in elevation or other means of restricting the view that users of an adjacent roadway have of headlamps on a snowmobile trail.
350.01(8m)
(8m) "Immediate family" means persons who are related as spouses, as siblings or as parent and child.
350.01(9)
(9) "Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.
350.01(9e)
(9e) "Land under the management and control of the person's immediate family" means land owned or leased by the person or a member of the person's immediate family and over which the owner or lessee has management and control. This term excludes land owned or leased by an organization of which the person or a member of the person's immediate family is a member.
350.01(9g)
(9g) "Law enforcement officer" has the meaning specified under
s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under
s. 23.10 (1).
350.01(9m)
(9m) "Lodging establishment" means any of the following:
350.01(9r)
(9r) "Operate" means the exercise of physical control over the speed or direction of a snowmobile or the physical manipulation or activation of any of the controls of a snowmobile necessary to put it in motion. "Operate" includes the operation of a snowmobile.
350.01(9w)
(9w) "Operator" means a person who operates a snowmobile, who is responsible for the operation of a snowmobile or who is supervising the operation of a snowmobile.
350.01(10)
(10) "Owner" means a person who has lawful possession of a snowmobile by virtue of legal title or equitable interest therein which entitles the person to possession.
350.01(10d)
(10d) "Purpose of access from lodging" means for the purpose of traveling for the shortest distance that is necessary for a person operating the snowmobile to go between a lodging establishment and the snowmobile route or snowmobile trail that is closest to the lodging establishment.
350.01(10g)
(10g) "Purpose of authorized analysis" means for the purpose of determining or obtaining evidence of the presence, quantity or concentration of any intoxicant in a person's blood, breath or urine.
350.01(10m)
(10m) "Purpose of residential access" means for the purpose of traveling for the shortest distance that is necessary for a person operating the snowmobile to go between a residence and the snowmobile route or snowmobile trail that is closest to that residence.
350.01(10t)
(10t) "Registration documentation" means a snowmobile registration certificate, a validated registration receipt, or a registration decal.
350.01(10v)
(10v) "Restricted controlled substance" means any of the following:
350.01(10v)(a)
(a) A controlled substance included in schedule I under
ch. 961 other than a tetrahydrocannabinol.
350.01(11m)
(11m) "Sanctioned race or derby" means a competitive snowmobile event sponsored by a county, town, city or village, by a promoter, by a chamber of commerce or by a snowmobile club or other similar organization.
350.01(13)
(13) "Snowmobile dealer" means any person engaged in the sale of snowmobiles for a profit at wholesale or retail.
350.01(13m)
(13m) "Snowmobile distributor" means a person who sells or distributes snowmobiles to snowmobile dealers or who maintains distributor representatives.
350.01(14)
(14) "Snowmobile manufacturer" means any person engaged in the manufacture of snowmobiles for sale to the public.
350.01(15)
(15) "Snowmobile renter" means any person engaged in the rental or leasing of snowmobiles to the public.
350.01(16)
(16) "Snowmobile route" means a highway or sidewalk designated for use by snowmobile operators by the governmental agency having jurisdiction as authorized under this chapter.
350.01(17)
(17) "Snowmobile trail" means a marked corridor on public property or on private lands subject to public easement or lease, designated for use by snowmobile operators by the governmental agency having jurisdiction, but excluding highways except those highways on which the roadway is not normally maintained for other vehicular traffic by the removal of snow.
350.01(21)
(21) "Test facility" means a test facility or agency prepared to administer tests under
s. 343.305 (2).
350.01(22)
(22) "Validated registration receipt" means a receipt issued by the department or an agent under
s. 350.12 (3h) (ag) 1. a. that shows that an application and the required fee for a registration certificate has been submitted to the department.
350.01 History
History: 1971 c. 219,
277;
1973 c. 298;
1981 c. 79 s.
18;
1981 c. 295;
1983 a. 27 s.
2202 (38);
1983 a. 189,
459;
1985 a. 146 s.
8;
1985 a. 331,
332;
1987 a. 399;
1989 a. 51,
359;
1991 a. 39;
1995 a. 61,
436,
448;
1997 a. 34,
35,
248,
267;
1999 a. 9;
2001 a. 16,
56;
2003 a. 97.
350.01 Cross-reference
Cross Reference: See also s.
NR 6.03, Wis. adm. code.
350.01 Annotation
Operation under sub. (9r) does not include the act of sitting on a parked snowmobile with its engine off. Burg v. Cincinnati Casualty Insurance Co. 2002 WI 76,
254 Wis. 2d 36,
645 N.W.2d 880.
350.02
350.02
Operation of snowmobiles on or in the vicinity of highways. 350.02(1)(1) No person may operate a snowmobile upon any part of any freeway which is a part of the federal system of interstate and defense highways. No person may operate a snowmobile upon any part of any other freeway unless the department of transportation authorizes snowmobile use on that freeway.
350.02(2)(a)(a) No person may operate a snowmobile on any highway except in the following manner or as otherwise authorized by law:
350.02(2)(a)1.
1. Directly across any roadway having fewer than 5 lanes, but only after stopping and yielding the right-of-way to all vehicles approaching on the roadway. Crossings under this subdivision may be made only at a place where no obstruction prevents a quick and safe crossing. For purposes of this subdivision, "obstruction" includes but is not limited to impairment of view and dangerous roadway condition.
350.02(2)(a)1m.
1m. Directly across a roadway having 5 lanes, in the manner specified in
subd. 1., but only if the department of transportation authorizes such a crossing.
350.02(2)(a)2.
2. On any roadway which is not normally maintained for other vehicular traffic by the removal of snow.
350.02(2)(a)3.
3. On the roadway of highways to cross a bridge, culvert or railroad right-of-way unless posted by the maintaining authority, but shall yield the right-of-way to all vehicular traffic.
350.02(2)(a)4.
4. On the roadway of county or town highways and city or village streets for special snowmobile events authorized under
s. 350.04.
350.02(2)(a)5.
5. On highways which have been designated as routes and which are required to be marked.
350.02(2)(a)6.
6. On a portion of the roadway or shoulder of a highway for a purpose of residential access or for the purpose of access from lodging if the town, city or village, within which that portion of the highway lies, enacts an ordinance under
s. 350.18 (3) for that portion of the highway.
350.02(2)(b)
(b) Snowmobiles may be operated adjacent to a roadway with due regard to safety in the following manner:
350.02(2)(b)1.
1. Along U.S. numbered highways, state and county highways at a distance of 10 or more feet from the roadway. Travel upon the median of a divided highway is prohibited except to cross.
350.02(2)(b)3.
3. During daylight hours travel may be in either direction regardless of the flow of vehicular traffic.
350.02(2)(b)4.
4. At night travel shall conform to the direction of vehicular traffic in the nearest lane unless:
350.02(2)(b)4.a.
a. The snowmobile trail is located at least 40 feet from the roadway, or is separated from the roadway by a head lamp barrier; and
350.02(2)(b)4.c.
c. The use of the snowmobile trail is approved by the department of transportation with respect to snowmobile trails located near or crossing state trunk highways or by the officer in charge of maintenance with respect to snowmobile trails located near or crossing other highways.
350.02(2)(b)5.
5. Whenever it is impracticable to gain immediate access to an area adjacent to a highway, other than a freeway, where a snowmobile is to be operated, the snowmobile may be operated adjacent and parallel to the roadway for the purpose of gaining access to and from the area of operation. Loading or unloading of the snowmobile shall be accomplished with due regard to safety at the nearest practical point to the area of operation.
350.02(2m)
(2m) No person may operate a snowmobile on or adjacent to a roadway in excess of the applicable roadway speed limit established under
s. 346.57 or
349.11 unless the person is operating the snowmobile as part of a special event authorized under
s. 350.04.
350.02(3)
(3) Snowmobiles may be operated for emergency purposes on any highway during a period of emergency when so declared by the governmental agency having jurisdiction.
350.02(3m)
(3m) A law enforcement officer may operate a snowmobile on a highway in performance of his or her official duties if the snowmobile is equipped with a light that is red or blue or a combination thereof and that is flashing, oscillating, or rotating.
350.02(4)
(4) Under no circumstances, except as provided in this section, is a snowmobile to be operated on the main-traveled portion of a highway or on the plowed portion.
