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 or utility 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 or utility 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 or utility terrain vehicles, for regulating all-terrain vehicles or utility terrain vehicles and their operation and for providing all-terrain vehicle trails and all-terrain vehicle and utility 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) and
sub. (2k), no person may operate an all-terrain vehicle or a utility terrain vehicle on a public all-terrain vehicle corridor in this state unless a nonresident trail pass issued under this subsection is permanently affixed in a highly visible location on the forward half of the vehicle.
23.33(2j)(c)1.1. The fee for an annual nonresident trail pass issued under this section is $34.25. An annual nonresident trail pass maybe issued only by the department and persons appointed by the department and expires on March 31 of each year.
23.33(2j)(c)2.
2. The fee for a 5-day nonresident trail pass issued under this section is $19.25. A 5-day nonresident trail pass may be issued only by the department and persons appointed by the department.
23.33(2j)(d)
(d) There is no fee for a nonresident trail pass issued for an all-terrain vehicle or utility 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 or utility terrain vehicle when it issues the registration certificate for the vehicle. The department shall provide Indian tribes or bands that register all-terrain vehicles or utility terrain vehicles under
sub. (2g) or
s. 23.35 with a supply of trail passes.
23.33(2j)(e)
(e) An all-terrain vehicle or a utility terrain vehicle that is registered under
sub. (2) (a) or an all-terrain vehicle or utility terrain vehicle 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 and utility 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 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(2k)
(2k) Weekend exemption. A person may operate an all-terrain vehicle or utility terrain vehicle in this state during the first full weekend in June of each year without registering the all-terrain vehicle or utility terrain vehicle under
sub. (2) and without having been issued or displaying a nonresident trail pass under
sub. (2j).
23.33(2m)
(2m) Rental of all-terrain vehicles and utility terrain vehicles. 23.33(2m)(a)(a) No person who is engaged in the rental or leasing of all-terrain vehicles or utility terrain vehicles to the public may do any of the following:
23.33(2m)(a)1.
1. Rent or lease an all-terrain vehicle or utility terrain vehicle for operation by a person who will be operating the vehicle for the first time unless the person engaged in the rental or leasing gives the person instruction on how to operate the vehicle.
23.33(2m)(a)2.
2. Rent or lease an all-terrain vehicle or utility terrain vehicle to a person under 16 years of age.
23.33(2m)(a)3.
3. Rent or lease an all-terrain vehicle or utility terrain vehicle without first ascertaining that any person under the age of 18 who will be on the vehicle has protective headgear of the type required under
s. 347.485 (1) (a).
23.33(2m)(b)
(b) A person who is engaged in the rental or leasing of all-terrain vehicles or utility terrain vehicles to the public shall have clean, usable protective headgear available for rent in sufficient quantity to provide headgear to all persons under the age of 18 who will be on all-terrain vehicles or utility terrain vehicles that the person rents or leases.
23.33(2m)(c)
(c) The department may promulgate rules to establish minimum standards for the instruction given under
par. (a) 1.
23.33(3)
(3) Rules of operation. No person may operate an all-terrain vehicle or utility terrain vehicle:
23.33(3)(a)
(a) In any careless way so as to endanger the person or property of another.
23.33(3)(c)
(c) On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for all-terrain vehicle or utility terrain vehicle use.
23.33(3)(cm)
(cm) On public property that is posted as closed to all-terrain vehicle or utility terrain vehicle operation or on which the operation of an all-terrain vehicle or utility terrain vehicle is prohibited by law.
23.33(3)(d)
(d) On Indian lands without the consent of the tribal governing body or Indian owner. Failure to post Indian lands does not imply consent for all-terrain vehicle or utility terrain vehicle use.
23.33(3)(eg)
(eg) With any crossbow in his or her possession unless the crossbow is not cocked or is unloaded and enclosed in a carrying case.
23.33(3)(em)
(em) With a passenger riding in or on any part of a utility terrain vehicle that is not designed or intended to be used by passengers.
23.33(3)(er)
(er) With any bow in his or her possession unless the bow does not have an arrow nocked.
23.33(3)(f)
(f) To drive or pursue any animal except as a part of normal farming operations involving the driving of livestock.
23.33(3)(g)
(g) When within 150 feet of a dwelling at a speed exceeding 10 miles per hour.
23.33(3)(h)
(h) On the frozen surface of public waters within 100 feet of a person not in or on an all-terrain vehicle, utility terrain vehicle, or motor vehicle or within 100 feet of a fishing shanty at a speed exceeding 10 miles per hour.
23.33(3)(hg)
(hg) At a speed exceeding 15 miles per hour when it is being operated on a roadway or adjacent to a roadway with a snow removal device attached, if it is more than 150 feet from a dwelling.
23.33(3)(hr)
(hr) At a speed exceeding 5 miles per hour when it is being operated on a sidewalk or driveway with a snow removal device attached, regardless of its proximity to a dwelling.
23.33(3)(i)
(i) In a manner which violates rules promulgated by the department.
23.33(3c)(a)(a) No person may operate an all-terrain vehicle or utility terrain vehicle with any firearm in his or her possession unless the firearm is unloaded or is a handgun, as defined in
s. 175.60 (1) (bm).
23.33(3c)(b)
(b) Paragraph (a) does not apply to a firearm that is placed or possessed on an all-terrain vehicle or utility terrain vehicle that is stationary, as defined in
s. 167.31 (1) (fg).
23.33(3g)
(3g) Use of headgear. No person may operate or be a passenger on an all-terrain vehicle or utility terrain vehicle without wearing protective headgear of the type required under
s. 347.485 (1) (a) and with the chin strap properly fastened, unless one of the following applies:
23.33(3g)(b)
(b) The person is traveling for the purposes of hunting or fishing and is at least 12 years of age.
23.33(3g)(c)
(c) The all-terrain vehicle or utility terrain vehicle is being operated for an agricultural purpose.
23.33(3g)(d)
(d) The all-terrain vehicle or utility terrain vehicle is being operated by a person on land under the management and control of the person's immediate family.
23.33(4)
(4) Operation on or near highways. 23.33(4)(a)(a)
Freeways. No person may operate an all-terrain vehicle or utility terrain vehicle upon any part of any freeway which is a part of the federal system of interstate and defense highways. No person may operate an all-terrain vehicle or utility terrain vehicle upon any part of any other freeway unless the department of transportation authorizes the use of that vehicle on that freeway. No person may operate an all-terrain vehicle or utility terrain vehicle with a snow removal device attached upon any part of any freeway under any circumstances.
23.33(4)(b)
(b)
Other highways; operation restricted. No person may operate an all-terrain vehicle or utility terrain vehicle on a highway except as authorized under
pars. (d),
(e), and
(f) and
sub. (11) (am) 2. or as authorized by rules promulgated by the department and approved by the department of transportation.
23.33(4)(c)
(c)
Exceptions; municipal, state and utility operations; races and derbies; land surveying operations. 23.33(4)(c)1.1. Paragraphs (a) and
(b) do not apply to the operator of an all-terrain vehicle or utility terrain vehicle owned by a municipality, state agency, or public utility, or by the Great Lakes Indian Fish and Wildlife Commission, while the operator is engaged in an emergency or in the operation of an all-terrain vehicle or utility terrain vehicle directly related to the functions of the municipality, state agency, or public utility, or of the Great Lakes Indian Fish and Wildlife Commission, if safety does not require strict adherence to these restrictions.
23.33(4)(c)1m.
1m. Paragraphs (a) and
(b) do not apply to the operator of an all-terrain vehicle or utility terrain vehicle who is engaged in land surveying operations, if safety does not require strict adherence to the restrictions under
pars. (a) and
(b).
23.33(4)(c)2.
2. Paragraph (b) does not apply to a highway blocked off for special all-terrain vehicle or utility terrain vehicle events. A county, town, city or village may block off highways under its jurisdiction for the purpose of allowing special all-terrain vehicle or utility terrain vehicle events. No state trunk highway or connecting highway, or part thereof, may be blocked off by any county, town, city or village for any all-terrain vehicle or utility terrain vehicle race or derby. A county, town, city or village shall notify the local police department and the county sheriff's office at least one week in advance of the time and place of any all-terrain vehicle or utility terrain vehicle race or derby which may result in any street, or part thereof, of the county, town, city or village being blocked off.
23.33(4)(d)
(d)
Operation on roadway. A person may operate an all-terrain vehicle or utility terrain vehicle on the roadway portion of any highway only in the following situations:
23.33(4)(d)1.
1. To cross a roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle or utility terrain vehicle prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway.
23.33(4)(d)2.
2. On any roadway which is seasonally not maintained for motor vehicle traffic. Operation of an all-terrain vehicle or utility terrain vehicle on this type of roadway is authorized only during the seasons when no maintenance occurs and only if the roadway is not officially closed to all-terrain vehicle or utility terrain vehicle traffic.
23.33(4)(d)3.
3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to all-terrain vehicle or utility terrain vehicle traffic. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the vehicle prior to the crossing, pedestrians, and electric personal assistive mobility devices using the roadway.
23.33(4)(d)4.
4. On roadways which are designated as all-terrain vehicle routes. Operation of all-terrain vehicles and utility terrain vehicles on a roadway which is an all-terrain vehicle route is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.
23.33(4)(d)5.
5. On roadways if the all-terrain vehicle or utility terrain vehicle is an implement of husbandry, if the all-terrain vehicle or utility terrain vehicle is used exclusively for agricultural purposes and if the all-terrain vehicle or utility terrain vehicle is registered for private use under
sub. (2) (d) or
(2g). Operation of an all-terrain vehicle or utility terrain vehicle which is an implement of husbandry on a roadway is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.
23.33(4)(d)6.
6. On roadways if the operator of the all-terrain vehicle or utility terrain vehicle is a person who holds a Class A permit or a Class B permit under
s. 29.193 (2) and who is traveling for the purposes of hunting or is otherwise engaging in an activity authorized by the permit.
23.33(4)(d)7.
7. On roadways of highways that are all-terrain vehicle trails.
23.33(4)(e)
(e)
Operation adjacent to roadway. A person may operate an all-terrain vehicle or utility terrain vehicle adjacent to a roadway on an all-terrain vehicle route or trail if the person operates the all-terrain vehicle or utility terrain vehicle in the following manner:
23.33(4)(e)1.
1. At a distance of 10 or more feet from the roadway along U.S. numbered highways and state and county highways. Travel on the median of a divided highway is prohibited except to cross.
23.33(4)(e)3.
3. During hours of darkness in the same direction as motor vehicle traffic in the nearest lane unless all of the following apply:
23.33(4)(e)3.a.
a. The all-terrain vehicle route or trail is located at least 40 feet from the roadway or is separated from the roadway by a head lamp barrier.
23.33(4)(e)3.b.
b. The use of the all-terrain vehicle route or trail is approved by the department of transportation with respect to all-terrain vehicle routes or trails located near or crossing state trunk highways or by the officer in charge of maintenance with respect to all-terrain vehicle routes or trails located near or crossing other highways.
23.33(4)(e)3m.
3m. During daylight hours, travel may be in either direction regardless of the flow of motor vehicle traffic.
23.33(4)(e)4.
4. Not in excess of the speed limits of the adjacent roadway.
23.33(4)(e)5.
5. With due regard to safety and in compliance with rules promulgated by the department and approved by the department of transportation.
23.33(4)(f)
(f)
Operation with snow removal device attached. Except as prohibited under
par. (a), and subject to ordinances enacted under
sub. (11) (am) 2., a person may operate an all-terrain vehicle or utility terrain vehicle with a snow removal device attached on a roadway or adjacent to a roadway or on a public sidewalk during the period beginning on October 1 and ending on April 30 of each year for the purpose of removing snow if such operation is necessary to travel to or from a site where the snow removal device will be used. The travel necessary to or from the site may not exceed 2 miles. Operation of such an all-terrain vehicle or utility terrain vehicle on a roadway or adjacent to a roadway is authorized only if the applicable roadway speed limit is 45 miles per hour or less. Operation on a roadway of such an all-terrain vehicle or utility terrain vehicle is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway where it is safe to do so given prevailing conditions. Operation adjacent to a roadway of such an all-terrain vehicle or utility terrain vehicle shall comply with the applicable speed limit and with
par. (e) 1.,
2.,
3.,
3m., and
5.
23.33(4c)
(4c) Intoxicated operation of an all-terrain vehicle or utility terrain vehicle. 23.33(4c)(a)1.1. `Operating while under the influence of an intoxicant.' No person may operate an all-terrain vehicle or utility terrain vehicle while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle or utility terrain vehicle.
23.33(4c)(a)2.
2. `Operating with alcohol concentrations at or above specified levels.' No person may engage in the operation of an all-terrain vehicle or utility terrain vehicle while the person has an alcohol concentration of 0.08 or more.
23.33(4c)(a)2m.
2m. `Operating with a restricted controlled substance.' No person may engage in the operation of an all-terrain vehicle or utility terrain vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.
23.33(4c)(a)3.
3. `Operating with alcohol concentrations at specified levels; below age 21.' If a person has not attained the age of 21, the person may not engage in the operation of an all-terrain vehicle or utility terrain vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.
23.33(4c)(a)4.
4. `Related charges.' A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of
subd. 1.,
2., or
2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of
subd. 1.,
2., or
2m., the offenses shall be joined. If the person is found guilty of any combination of
subd. 1.,
2., or
2m. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under
sub. (13) (b) 2. and
3. Subdivisions 1.,
2., and
2m. each require proof of a fact for conviction which the others do not require.
23.33(4c)(a)5.
5. `Defenses.' In an action under
subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
