346.195(5)(b)
(b) The following are defenses to a violation of this section:
346.195(5)(b)1.
1. That a report that the vehicle was stolen was given to a traffic officer before the violation occurred or within a reasonable time after the violation occurred.
346.195(5)(b)2.
2. That the owner of the vehicle provides a traffic officer with the name and address of the person operating the vehicle at the time of the violation and the person so named admits operating the vehicle at the time of the violation. In such case, the person operating the vehicle and not the owner shall be charged under this section.
346.195(5)(b)3.
3. That the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer with the information required under
s. 343.46 (3). In such case, the lessee and not the lessor shall be charged under this section.
346.195(5)(b)4.
4. That the vehicle is owned by a dealer, as defined in
s. 340.01 (11) (intro.) but including the persons specified in
s. 340.01 (11) (a) to
(d), and at the time of the violation the vehicle was being operated by any person on a trial run, and the dealer provides a traffic officer with the name, address and operator's license number of the person operating the vehicle. In such case, the person operating the vehicle, and not the dealer, shall be charged under this section.
346.20
346.20
Right-of-way of funeral processions and military convoys. 346.20(1)(1) Except as provided in
sub. (4), the operator of a vehicle not in a funeral procession or military convoy shall yield the right-of-way at an intersection to vehicles in a funeral procession or military convoy when vehicles comprising such procession have their headlights lighted.
346.20(2)
(2) The operator of a vehicle not in a funeral procession shall not drive the vehicle between the vehicles of the funeral procession, except when authorized to do so by a traffic officer or when such vehicle is an authorized emergency vehicle giving audible signal by siren.
346.20(3)
(3) Operators of vehicles not a part of a funeral procession or military convoy shall not form a procession or convoy and have their headlights lighted for the purpose of securing the right-of-way granted by this section to funeral processions or military convoys.
346.20(4)(a)(a) Operators of vehicles in a funeral procession or military convoy shall yield the right-of-way in accordance with
s. 346.19 upon the approach of an authorized emergency vehicle giving audible signal by siren.
346.20(4)(b)
(b) Operators of vehicles in a funeral procession or military convoy shall yield the right-of-way when directed to do so by a traffic officer.
346.20(4)(c)
(c) The operator of the leading vehicle in a funeral procession or military convoy shall comply with stop signs and traffic control signals, but when the leading vehicle has proceeded across an intersection in accordance with such signal or after stopping as required by the stop sign, all vehicles in such procession may proceed without stopping, regardless of the sign or signal.
346.205
346.205
Owner's liability for vehicle failing to yield the right-of-way to a funeral procession. 346.205(1)
(1) Subject to
s. 346.01 (2), the owner of a vehicle involved in a violation of
s. 346.20 (1) for failing to yield the right-of-way to a funeral procession shall be liable for the violation as provided in this section.
346.205(2)
(2) The operator of a lead vehicle or a motorcycle escort in a funeral procession who observes a violation of
s. 346.20 (1) for failing to yield the right-of-way to a funeral procession may prepare a written report indicating that a violation has occurred. If possible, the report shall contain the following information:
346.205(2)(a)
(a) The time and the approximate location at which the violation occurred.
346.205(2)(b)
(b) The license number and color of the vehicle involved in the violation.
346.205(2)(c)
(c) Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type of vehicle.
346.205(3)
(3) Within 24 hours after observing the violation, the operator of the lead vehicle or motorcycle escort may deliver the report to a traffic officer of the county or municipality in which the violation occurred. A report that does not contain all the information in
sub. (2) shall nevertheless be delivered and shall be maintained by the county or municipality for statistical purposes.
346.205(4)(a)(a) Within 48 hours after receiving a report containing all the information in
sub. (2), the traffic officer may prepare a uniform traffic citation under
s. 345.11 and may personally serve it upon the owner of the vehicle.
346.205(4)(b)
(b) If with reasonable diligence the owner cannot be served under
par. (a), service may be made by leaving a copy of the citation at the owner's usual place of abode within this state in the presence of a competent member of the family at least 14 years of age, who shall be informed of the contents thereof.
346.205(4)(c)
(c) If with reasonable diligence the owner cannot be served under
par. (a) or
(b) or if the owner lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the owner's last-known address.
346.205(5)(a)(a) Except as provided in
par. (b), it shall be no defense to a violation of this section that the owner was not operating the vehicle at the time of the violation.
346.205(5)(b)
(b) The following are defenses to a violation of this section:
346.205(5)(b)1.
1. That a report that the vehicle was stolen was given to a traffic officer before the violation occurred or within a reasonable time after the violation occurred.
346.205(5)(b)2.
2. If the owner of the vehicle provides a traffic officer with the name and address of the person operating the vehicle at the time of the violation and the person so named admits operating the vehicle at the time of the violation, then the person operating the vehicle and not the owner shall be charged under this section.
346.205(5)(b)3.
3. If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer with the information required under
s. 343.46 (3), then the lessee and not the lessor shall be charged under this section.
346.205(5)(b)4.
4. If the vehicle is owned by a dealer as defined in
s. 340.01 (11) (intro.) but including the persons specified in
s. 340.01 (11) (a) to
(d), and at the time of the violation the vehicle was being operated by any person on a trial run, and if the dealer provides a traffic officer with the name, address and operator's license number of the person operating the vehicle, then the person operating the vehicle, and not the dealer, shall be charged under this section.
346.21
346.21
Right-of-way of livestock. The operator of a motor vehicle shall yield the right-of-way to livestock being driven over or along any highway but any person in charge of such livestock shall use reasonable care and diligence to open the roadway for vehicular traffic.
346.21 History
History: 1993 a. 490.
346.215
346.215
Police escorts and rights-of-way related to escorted vehicles. 346.215(2)(a)(a) Except as provided in
par. (b), and notwithstanding
s. 346.03 (1) and
(4), the operator of a police vehicle escorting any vehicle or procession of vehicles may exercise the privileges specified in
s. 346.03 (2) (b) if the operator of the police vehicle is giving visual signal as described in
s. 346.03 (3). The operator of the police vehicle under this subsection is not required to give an audible signal as described in
s. 346.03 (3). This subsection applies only if the vehicle, or in the case of a procession of vehicles the entire procession, is escorted by at least 2 police vehicles, at least one of which is leading the vehicle or procession of vehicles and at least one of which is at the rear of the vehicle or procession of vehicles, and only if the requirement under
sub. (4) is satisfied. Notwithstanding
ss. 346.18 (3),
346.37 (1) (c) 1., and
346.46 (1) and
(2), any operator of a vehicle being escorted under this subsection may accompany these police vehicles as they proceed past any red or stop signal or stop sign in accordance with the privileges specified in this subsection.
346.215(2)(b)
(b) The operator of a police vehicle escorting a vehicle or procession of vehicles, and the operator of any vehicle being escorted, shall yield the right-of-way in accordance with
s. 346.19 upon the approach of an authorized emergency vehicle giving an audible signal by siren.
346.215(3)
(3) Except as provided in
sub. (2) (b), the operator of a vehicle other than an escorted vehicle or escorting police vehicle shall yield the right-of-way at an intersection to an escorted vehicle or escorting police vehicle and shall not, except when authorized to do so by a traffic officer, drive between these escorting and escorted vehicles.
346.215(4)
(4) The privileges specified in
sub. (2) (a) do not apply to the operator of a police vehicle unless, prior to escorting any vehicle as provided under
sub. (2) (a), the law enforcement agency employing the operator of the police vehicle has provided written guidelines for its officers and employees regarding the escorting of vehicles under this section.
346.215 History
History: 2009 a. 46.
346.22
346.22
Penalty for violating sections 346.18 to 346.21. 346.22(1)(a)
(a) Except as provided in
par. (b),
(c),
(d), or
(e), any person violating
s. 346.18,
346.20 (1), or
346.215 (2) (b) or
(3) may be required to forfeit not less than $20 nor more than $50 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.
346.22(1)(b)
(b) If an operator of a vehicle violates
s. 346.18 (6) where persons engaged in work in a highway maintenance or construction area or in a utility work area are at risk from traffic, any applicable minimum and maximum forfeiture specified in
par. (a),
(c),
(d), or
(e) for the violation shall be doubled.
346.22(1)(c)
(c) If a person violates
s. 346.18 and the violation results in bodily harm, as defined in
s. 939.22 (4), to another, the person shall forfeit $200.
346.22(1)(d)
(d) If a person violates
s. 346.18 and the violation results in great bodily harm, as defined in
s. 939.22 (14), to another, the person shall forfeit $500.
346.22(1)(e)
(e) If a person violates
s. 346.18 and the violation results in death to another, the person shall forfeit $1,000.
346.22(3)
(3) Any person violating
s. 346.20 (2),
(3) or
(4) (b) or
(c) or
346.21 may be required to forfeit not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the 2nd or subsequent conviction within a year.
346.22(3m)
(3m) A vehicle owner or other person found liable under
s. 346.195 may be required to forfeit not less than $30 nor more than $300. Imposition of liability under
s. 346.195 shall not result in suspension or revocation of a person's operating license under
s. 343.30, and shall not result in demerit points being recorded on a person's driving record under
s. 343.32 (2) (a).
346.22(4)
(4) A vehicle owner or other person found liable under
s. 346.205 may be required to forfeit not less than $20 nor more than $50 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year. Imposition of liability under
s. 346.205 shall not result in suspension or revocation of a person's operating license under
s. 343.30, nor shall it result in demerit points being recorded on a person's driving record under
s. 343.32 (2) (a).
RESPECTIVE RIGHTS AND DUTIES OF DRIVERS, PEDESTRIANS, BICYCLISTS, AND RIDERS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
346.23
346.23
Crossing controlled intersection or crosswalk. 346.23(1)(1) At an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person who is riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who has started to cross the highway on a green or "Walk" signal and in all other cases pedestrians, bicyclists, and riders of electric personal assistive mobility devices shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a green signal. No operator of a vehicle proceeding ahead on a green signal may begin a turn at a controlled intersection or crosswalk when a pedestrian, bicyclist, or rider of an electric personal assistive mobility device crossing in the crosswalk on a green or "Walk" signal would be endangered or interfered with in any way. The rules stated in this subsection are modified at intersections or crosswalks on divided highways or highways provided with safety zones in the manner and to the extent stated in
sub. (2).
346.23(2)
(2) At intersections or crosswalks on divided highways or highways provided with safety zones where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, bicyclist, or rider of an electric personal assistive mobility device who has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or a safety zone with the green or "Walk" signal in the favor of the pedestrian, bicyclist, or rider of an electric personal assistive mobility device.
346.23 Annotation
The duties of drivers and pedestrians under ss. 346.23 and 346.24 are discussed and compared. Schoenauer v. Wendinger,
49 Wis. 2d 415,
182 N.W.2d 441 (1971).
346.23 Annotation
Pedestrians have the right-of-way on a green light only where there are no pedestrian control signals. City of Hartford v. Godfrey,
92 Wis. 2d 815,
286 N.W.2d 10 (Ct. App. 1979).
346.24
346.24
Crossing at uncontrolled intersection or crosswalk. 346.24(1)(1) At an intersection or crosswalk where traffic is not controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who is crossing the highway within a marked or unmarked crosswalk.
346.24(2)
(2) No pedestrian, bicyclist, or rider of an electric personal assistive mobility device shall suddenly leave a curb or other place of safety and walk, run, or ride into the path of a vehicle which is so close that it is difficult for the operator of the vehicle to yield.
346.24(3)
(3) Whenever any vehicle is stopped at an intersection or crosswalk to permit a pedestrian, bicyclist, or rider of an electric personal assistive mobility device to cross the roadway, the operator of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
346.24 History
History: 1985 a. 69;
2001 a. 90.
346.24 Annotation
The duties of drivers and pedestrians under ss. 346.23 and 346.24 are discussed and compared. Schoenauer v. Wendinger,
49 Wis. 2d 415,
182 N.W.2d 441 (1971).
346.25
346.25
Crossing at place other than crosswalk. Every pedestrian, bicyclist, or rider of an electric personal assistive mobility device crossing a roadway at any point other than within a marked or unmarked crosswalk shall yield the right-of-way to all vehicles upon the roadway.
346.25 History
History: 1985 a. 69;
2001 a. 90.
346.25 Annotation
Section 891.44 provides an exception to this section and the standard instruction is not to be given when the pedestrian is a child under 7. Thoreson v. Milwaukee & Suburban Transport Corp.
56 Wis. 2d 231,
201 N.W.2d 745 (1972).
346.25 Annotation
This section does not apply to bicyclists operating on the roadway and only applies to bicyclists acting as pedestrians by operating on sidewalks and within crosswalks. Chernetski v. American Family Mutual Insurance Co.
183 Wis. 2d 68,
515 N.W.2d 283 (Ct. App. 1994)
346.26
346.26
Blind pedestrian on highway. 346.26(1)
(1) An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian who is carrying a cane or walking stick which is white in color or white trimmed with red and which is held in an extended or raised position or who is using a service animal, as defined in
s. 106.52 (1) (fm), and shall take such precautions as may be necessary to avoid accident or injury to the pedestrian. The fact that the pedestrian may be violating any of the laws applicable to pedestrians does not relieve the operator of a vehicle from the duties imposed by this subsection.
346.26(2)
(2) Nothing in this section shall be construed to deprive any totally or partially blind person not carrying the white or the red and white cane or walking stick or not using a service animal, as defined in
s. 106.52 (1) (fm), of the rights of other pedestrians crossing highways, nor shall the failure of such totally or partially blind pedestrian to carry such cane or walking stick or to use a service animal be evidence of any negligence.
346.26(3)
(3) No person who is not totally or partially blind shall carry or use on any street, highway or other public place any cane or walking stick which is white in color, or white trimmed with red.
346.26 History
History: 1977 c. 302;
2005 a. 354.
346.27
346.27
Persons working on highway. The operator of a vehicle shall yield the right-of-way to persons engaged in maintenance or construction work on a highway whenever the operator is notified of their presence by flagmen or warning signs.
346.27 History
History: 1991 a. 316;
1993 a. 490.
346.28
346.28
Pedestrians to walk on left side of highway; pedestrians, bicyclists, and riders of electric personal assistive mobility devices on sidewalks. 346.28(1)
(1) Any pedestrian traveling along and upon a highway other than upon a sidewalk shall travel on and along the left side of the highway and upon meeting a vehicle shall, if practicable, move to the extreme outer limit of the traveled portion of the highway.
346.28(2)
(2) Operators of vehicles shall yield the right-of-way to pedestrians, bicyclists, and riders of electric personal assistive mobility devices on sidewalks as required by
s. 346.47.
346.29
346.29
When standing or loitering in roadway or highway prohibited. 346.29(1)(1) No person shall be on a roadway for the purpose of soliciting a ride from the operator of any vehicle other than a public passenger vehicle.
346.29(2)
(2) No person shall stand or loiter on any roadway other than in a safety zone if such act interferes with the lawful movement of traffic.
346.29(3)
(3) No person shall be on a bridge or approach thereto for the purpose of utilizing such bridge or approach for fishing or swimming when signs have been erected by the authority in charge of maintenance of the highway indicating that fishing or swimming off of such bridge or approach is prohibited.
