23.33(1)(jp)
(jp) "Small all-terrain vehicle" means an all-terrain vehicle that has 4 wheels and that has either an engine certified by the manufacturer at not more than 90 cubic centimeters or an equivalent power unit.
23.33(1)(jq)
(jq) "Snow removal device" means an attachment designed and installed for the purpose of removing snow. An attachment under this paragraph may be a plow blade, blower, bucket, or brush.
23.33(1)(js)
(js) "Test facility" means a test facility or agency prepared to administer tests under
s. 343.305 (2).
23.33(1)(n)
(n) "Used exclusively on private property" means use of an all-terrain vehicle by the owner of the all-terrain vehicle or a member of his or her immediate family only on land owned or leased by the all-terrain vehicle owner or a member of his or her immediate family.
23.33(1)(o)
(o) "Validated registration receipt" means a receipt issued by the department or an agent under
sub. (2) (ig) 1. a. that shows that an application and the required fees for a registration certificate has been submitted to the department.
23.33 Cross-reference
Cross-reference: See also definitions in s.
340.01.
23.33(2)(a)(a)
Requirement. No person may operate and no owner may give permission for the operation of an all-terrain vehicle within this state unless the all-terrain vehicle is registered for public use or for private use under this subsection or
sub. (2g), is exempt from registration, or is operated with a reflectorized plate attached in the manner specified under
par. (dm) 3. No person may operate and no owner may give permission for the operation of an all-terrain vehicle on an all-terrain vehicle route or an all-terrain vehicle trail unless the all-terrain vehicle is registered for public use under this subsection or
sub. (2g).
23.33(2)(b)
(b)
Exemptions. An all-terrain vehicle is exempt from registration if it is:
23.33(2)(b)1.
1. Owned by the United States, another state or a political subdivision thereof, but the exterior of the all-terrain vehicle shall display in a visible manner the name of the owner.
23.33(2)(b)2.
2. Covered by a valid registration in another state, province or country if there is some identification of registration displayed on the all-terrain vehicle and it has not been in this state for more than 15 consecutive days.
23.33(2)(b)2m.
2m. Covered by a valid registration of a federally recognized American Indian tribe or band, if all of the following apply:
23.33(2)(b)2m.a.
a. The registration program of the tribe or band is covered by an agreement under
s. 23.35.
23.33(2)(b)2m.b.
b. The all-terrain vehicle displays the registration decal required by the tribe or band.
23.33(2)(b)2m.c.
c. The all-terrain vehicle has not been, for more than 15 consecutive days, in that portion of this state that is outside the boundaries of the reservation where it is registered.
23.33(2)(b)3.
3. Used exclusively for racing on a raceway facility.
23.33(2)(b)3m.
3m. Present in this state, for a period not to exceed 15 days, and if it is used exclusively as part of an advertisement being made for the manufacturer of the all-terrain vehicle.
23.33(2)(b)4.
4. Owned by a political subdivision of the state and used for enforcement or emergency purposes.
23.33(2)(b)5.
5. Specified as exempt from registration by department rule.
23.33(2)(c)
(c)
Registration; public use; fee. Any all-terrain vehicle may be registered for public use. The fee for the issuance or renewal of a registration certificate for public use is $30.
23.33(2)(d)
(d)
Registration; private use; fee. An all-terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance of a registration certificate for private use is $15.
23.33(2)(dm)1.1. Every person who is an all-terrain vehicle manufacturer, all-terrain vehicle dealer, all-terrain vehicle distributor or all-terrain vehicle renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial all-terrain vehicle certificate.
23.33(2)(dm)2.
2. The fee for the issuance or renewal of a commercial all-terrain vehicle certificate is $90. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial all-terrain vehicle certificate and 3 reflectorized plates. The fee for additional reflectorized plates is $30 per plate.
23.33(2)(dm)3.
3. A person who is required to obtain a commercial all-terrain vehicle certificate under
subd. 1. shall attach in a clearly visible place a reflectorized plate to any all-terrain vehicle that the person leases, rents, offers for sale or otherwise allows to be used whenever the all-terrain vehicle is being operated.
23.33(2)(dm)4.
4. Paragraphs (i),
(ig), and
(ir) do not apply to commercial all-terrain vehicle certificates or reflectorized plates.
23.33(2)(e)
(e)
Other fees. The fee for the transfer of an all-terrain vehicle registration certificate is $5. The fee for the issuance of a duplicate all-terrain vehicle registration certificate, duplicate commercial all-terrain vehicle certificate or duplicate registration decals is $5. The fee for the issuance of registration decals to a county or municipality is $5. There is no fee for the issuance of registration decals to the state.
23.33(2)(f)1.1. Except as provided under
subd. 2., an all-terrain vehicle public-use registration certificate is valid for a 2-year period.
23.33(2)(f)2.
2. The department may specify by rule an annual expiration date for all-terrain vehicle registrations and may reduce the effective period of a registration so it expires on that date.
23.33(2)(g)
(g)
Effective period; private use. An all-terrain vehicle private-use registration certificate is valid from the date of issuance until ownership of the all-terrain vehicle is transferred.
23.33(2)(gm)1.1. Except as provided under
subd. 2., a commercial all-terrain vehicle certificate is valid for a 2-year period.
23.33(2)(gm)2.
2. The department may specify by rule an annual expiration date for commercial all-terrain vehicle certificates and may reduce the effective period of a commercial all-terrain vehicle certificate so it expires on that date.
23.33(2)(i)
(i)
Registration; issuers. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may do any of the following:
23.33(2)(i)1.
1. Directly issue, transfer, or renew the registration documentation with or without using the service specified in
par. (ig) 1.
23.33(2)(i)3.
3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documentation using either or both of the services specified in
par. (ig) 1.
23.33(2)(ig)1.1. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following procedures to be provided by the department and any agents appointed under
par. (i) 3.:
23.33(2)(ig)1.a.
a. A procedure under which the department or an agent appointed under
par. (i) 3. accepts applications for registration documentation and issue a validated registration receipt at the time the applicant submits the application accompanied by the required fees.
23.33(2)(ig)1.b.
b. A procedure under which the department or agent may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.
23.33(2)(ig)2.
2. Under either procedure under
subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the all-terrain vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection. The items of registration documentation issued under
subd. 1. b. shall include at least one registration decal.
23.33(2)(ir)1.1. In addition to the applicable fee under
par. (c),
(d), or
(e), each agent appointed under
par. (i) 3. shall collect a service fee of $3 each time the agent issues a validated registration receipt under
par. (ig) 1. a. The agent shall retain the entire amount of each service fee the agent collects.
23.33(2)(ir)2.
2. In addition to the applicable fee under
par. (c),
(d), or
(e), the department or the agent appointed under
par. (i) 3. shall collect a service fee of $5 each time the service under
par. (ig) 1. b. is provided. The agent shall remit to the department $1 of each service fee the agent collects.
23.33(2)(o)
(o)
Receipt of fees. All fees remitted to or collected by the department under
par. (ir) shall be credited to the appropriation account under
s. 20.370 (9) (hu).
23.33(2)(p)1.1. The department may promulgate rules to establish eligibility and other criteria for the appointment of agents under
par. (i) 3. and to regulate the activities of these agents.
23.33(2)(p)2.
2. The department may establish by rule additional procedures and requirements for all-terrain vehicle registration.
23.33(2g)
(2g) Lac du Flambeau band registration program. 23.33(2g)(a)(a) Authorization for issuance. The Lac du Flambeau band may issue registration certificates for public use or private use for all-terrain vehicles that are equivalent to the registration certificates for public use or private use that are issued by the department. The Lac du Flambeau band may renew and transfer a registration certificate that it or the department has issued. The Lac du Flambeau band may issue duplicates of only those registration certificates that it issues under this subsection.
23.33(2g)(b)
(b)
Requirements for issuance; fees; effective periods. 23.33(2g)(b)1.1. For issuing or renewing a registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent registration certificate under
sub. (2) (c) and
(d). For transferring a registration certificate or issuing a duplicate registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent service under
sub. (2) (e).
23.33(2g)(b)2.
2. The Lac du Flambeau band may not issue, renew or otherwise process registration certificates under this subsection in conjunction with discount coupons or as part of a promotion or other merchandising offer.
23.33(2g)(b)3.
3. For a registration certificate issued, transferred or renewed under this subsection, the effective period shall be the same as it would be for the equivalent registration certificate under
sub. (2) (f) 1. or
(g) or under a rule promulgated under
sub. (2) (f) 2.
23.33(2g)(b)4.
4. The Lac du Flambeau band may issue, renew or otherwise process registration certificates under this subsection only to applicants who appear in person on the Lac du Flambeau reservation.
23.33(2g)(c)
(c)
Requirements for registration applications and decals. 23.33(2g)(c)1.1. The Lac du Flambeau band shall use registration applications and registration certificates that are substantially similar to those under
sub. (2) with regard to length, legibility and information content.
23.33(2g)(c)2.
2. The Lac du Flambeau band shall use registration decals that are substantially similar to those under
sub. (2) with regard to color, size, legibility, information content and placement on the all-terrain vehicle.
23.33(2g)(c)3.
3. The Lac du Flambeau band shall use a sequential numbering system that includes a series of letters or initials that identify the Lac du Flambeau band as the issuing authority.
23.33(2g)(d)
(d)
Registration information. The Lac du Flambeau band shall provide registration information to the state in one of the following ways:
23.33(2g)(d)1.
1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement described in
par. (f), for incorporation into the registration records of this state, within one working day after the addition, change or deletion.
23.33(2g)(d)2.
2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.
23.33(2g)(e)1.1. Before June 1 annually, the Lac du Flambeau band shall submit a report to the department notifying it of the number of each type of registration certificate that the Lac du Flambeau band issued, transferred or renewed for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.
23.33(2g)(e)2.
2. For law enforcement purposes, the Lac du Flambeau band shall make available for inspection by the department during normal business hours the Lac du Flambeau band's records of all registration certificates issued, renewed or otherwise processed under this subsection, including copies of all applications made for certificates.
23.33(2g)(e)3.
3. The Lac du Flambeau band shall ensure that the record of each registration certificate issued, renewed or otherwise processed under this subsection, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.
23.33(2g)(e)4.
4. The Lac du Flambeau band shall collect the sales and use taxes due under
s. 77.61 (1) on any all-terrain vehicle registered under this subsection and make the report in respect to those taxes. On or before the 15th day of each month, the Lac du Flambeau band shall pay to the department of revenue all taxes that the Lac du Flambeau band collected in the previous month.
23.33(2g)(f)
(f)
Applicability. This subsection does not apply unless the department and the Lac du Flambeau band have in effect a written agreement under which the Lac du Flambeau band agrees to comply with
pars. (a) to
(e) and that contains all of the following terms:
23.33(2g)(f)1.
1. The manner in which the Lac du Flambeau band will limit its treaty-based right to fish outside the Lac du Flambeau reservation.
23.33(2g)(f)2.
2. A requirement that the fees collected by the Lac du Flambeau band under
par. (b) be used only for a program for registering all-terrain vehicles, for regulating all-terrain vehicles and their operation and for providing all-terrain vehicle trails and all-terrain vehicle facilities.
23.33(2j)(a)(a) In this subsection, "public all-terrain vehicle corridor" means an all-terrain vehicle trail or other established all-terrain vehicle corridor that is open to the public but does not include an all-terrain vehicle route.
23.33(2j)(b)
(b) Except as provided in
par. (e), no person may operate an all-terrain vehicle on a public all-terrain vehicle corridor in this state unless a nonresident trail pass issued under this subsection is displayed on the all-terrain vehicle.
23.33(2j)(c)
(c) The fee for a nonresident trail pass issued for an all-terrain vehicle that is exempt from registration under
sub. (2) (b) 2. is $34.25. A nonresident trail pass issued for such an all-terrain vehicle may be issued only by the department and persons appointed by the department and expires on June 30 of each year.
23.33(2j)(d)
(d) There is no fee for a nonresident trail pass issued for an all-terrain vehicle that is registered under
sub. (2g) or
s. 23.35. The department or Indian tribe or band shall issue a nonresident trail pass for such an all-terrain vehicle when it issues the registration certificate for the all-terrain vehicle. The department shall provide Indian tribes or bands that register all-terrain vehicles under
sub. (2g) or
s. 23.35 with a supply of trail passes.
23.33(2j)(e)
(e) An all-terrain vehicle that is registered under
sub. (2) (a) or that is exempt from registration under
sub. (2) (b) 1.,
3.,
3m., or
4. is exempt from having a nonresident trail pass displayed as required under
par. (b). The department may promulgate a rule to exempt all-terrain vehicles that are exempt from registration under
sub. (2) (b) 5. from having nonresident trail passes displayed as required under
par. (b) or may promulgate a rule to exempt owners of such all-terrain vehicles from having to pay any applicable nonresident trail pass fee.
23.33(2j)(f)1.1. The department may appoint any person who is not an employee of the department as the department's agent to issue nonresident trail passes and collect the fees for these passes.
23.33(2j)(f)2.
2. Any person, including the department, who issues a nonresident trail pass shall collect in addition to the fee under
par. (c) an issuing fee of 75 cents. An agent appointed under
subd. 1. may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the pass.
23.33(2j)(f)3.
3. The department shall establish, by rule, procedures for issuing nonresident trail passes, and the department may promulgate rules regulating the activities of persons who are appointed to be agents under this paragraph.
23.33(2m)
(2m) Rental of all-terrain vehicles. 23.33(2m)(a)(a) No person who is engaged in the rental or leasing of all-terrain vehicles to the public may do any of the following:
23.33(2m)(a)1.
1. Rent or lease an all-terrain vehicle for operation by a person who will be operating an all-terrain vehicle for the first time unless the person engaged in the rental or leasing gives the person instruction on how to operate an all-terrain vehicle.
23.33(2m)(a)2.
2. Rent or lease an all-terrain vehicle to a person under 16 years of age.
23.33(2m)(a)3.
3. Rent or lease an all-terrain vehicle without first ascertaining that any person under the age of 18 who will be on the all-terrain vehicle has protective headgear of the type required under
s. 347.485 (1) (a).
