MISCELLANEOUS RULES
346.87
346.87
Limitations on backing. The operator of a vehicle shall not back the same unless such movement can be made with reasonable safety.
346.88
346.88
Obstruction of operator's view or driving mechanism. 346.88(1)(1) No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, or any persons so situated, as to obstruct the view of the operator to the front or to the sides or as to interfere with the operator having free use of both hands and feet to the operating mechanisms or controls of the vehicle.
346.88(2)
(2) No passenger in a vehicle shall ride in such a position as to interfere with the operator's view ahead or to the sides or to interfere with the operator's control of the operating mechanism of the vehicle.
346.88(3)(a)(a) No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, front side wings, side windows in the driver's compartment or rear window of such vehicle other than a certificate or other sticker issued by order of a governmental agency. Such permitted sticker shall not cover more than 15 square inches of glass surface and shall be placed in the lower left-hand corner of the windshield; the left corner being on the driver's left when seated behind the wheel.
346.88(3)(b)
(b) No person shall drive any motor vehicle upon a highway with any object so placed or suspended in or upon the vehicle so as to obstruct the driver's clear view through the front windshield.
346.88(3)(c)
(c) No person shall drive any motor vehicle upon a highway so loaded or with any object so placed or suspended in or upon the vehicle so as to obstruct the driver's clear vision through the rear window unless such vehicle is equipped with an outside rear view mirror meeting the requirements of
s. 347.40.
346.88(3)(d)
(d) Signal lamps used by authorized emergency vehicles shall not be considered a violation of this section.
346.88(4)
(4) The windshield, side wings and side and rear windows of a motor vehicle shall be kept reasonably clean at all times.
346.89
346.89
Inattentive driving. 346.89(1)
(1) No person while driving a motor vehicle shall be so engaged or occupied as to interfere with the safe driving of such vehicle.
346.89(2)
(2) No person shall drive any motor vehicle equipped with any device for visually receiving a television broadcast when such device is located in the motor vehicle at any point forward of the back of the operator's seat or when such device is visible to the operator while driving the motor vehicle.
346.89(3)(a)(a) No person may drive, as defined in
s. 343.305 (1) (b), any motor vehicle while composing or sending an electronic text message or an electronic mail message.
346.89(3)(b)
(b) This subsection does not apply to any of the following:
346.89(3)(b)2.
2. The use of any device whose primary function is transmitting and receiving emergency alert messages and messages related to the operation of the vehicle or an accessory that is integrated into the electrical system of a vehicle, including a global positioning system device.
346.89(3)(b)3.
3. An amateur radio operator who holds a valid amateur radio operator's license issued by the federal communications commission when he or she is using dedicated amateur radio 2-way radio communication equipment and observing proper amateur radio operating procedures.
346.89(3)(b)4.
4. The use of a voice-operated or hands-free device if the driver of the motor vehicle does not use his or her hands to operate the device, except to activate or deactivate a feature or function of the device.
346.89(4)
(4) Subject to
sub. (3), no person who holds a probationary license issued under
s. 343.085, or an instruction permit issued under
s. 343.07, may drive, as defined in
s. 343.305 (1) (b), any motor vehicle while using a cellular or other wireless telephone, except to report an emergency.
346.89 History
History: 2009 a. 220;
2011 a. 164.
346.90
346.90
Following emergency vehicle. The operator of any vehicle other than one on official business shall not follow an authorized emergency vehicle responding to a call or alarm closer than 500 feet or drive into or park his or her vehicle within the block where, or within 300 feet of the driveway entrance or similar point of access to a driveway or road on which, fire apparatus has stopped in response to an alarm. The personal vehicles of members of a volunteer fire department answering the alarm are considered on official business.
346.90 History
History: 1975 c. 253,
421.
346.91
346.91
Crossing fire hose. No person without the consent of the fire department official in command may drive a vehicle over any unprotected hose of a fire department when such hose is laid down on any street or private driveway to be used at any training exercise, scene of an emergency, or alarm of emergency.
346.91 History
History: 1985 a. 187;
2005 a. 144.
346.915
346.915
Following snowplows. 346.915(1)
(1) In this section, "snowplow" means a vehicle that is operated by a person employed by or on behalf of an authority in charge of the maintenance of the highway to perform highway winter maintenance snow and ice removal, including plowing, salting, and sanding, during either a storm or cleanup following a storm and which is using lamps described in
s. 347.26 (7).
346.915(2)(a)(a) The operator of any vehicle that is not a snowplow may not follow a snowplow closer than the following distances, if the snowplow is engaged in highway winter maintenance snow and ice removal, as described in
sub. (1), and is using lamps described in
s. 347.26 (7):
346.915(2)(a)1.
1. Two hundred feet upon any highway having a posted speed limit of more than 35 miles per hour.
346.915(2)(a)2.
2. Seventy-five feet upon any highway having a posted speed limit of 35 miles per hour or less.
346.915(2)(b)
(b) Paragraph (a) does not apply when overtaking and passing a snowplow, but the fact that the operator of any vehicle follows the snowplow more closely than permitted by
par. (a) for one mile or more or follows more closely than permitted by
par. (a) when the snowplow is moving at the maximum speed limit is prima facie evidence that the operator of such following vehicle is violating
par. (a).
346.915(2)(c)
(c) Paragraph (a) does not apply to a snowplow that is stopped or standing in the highway.
346.915(3)
(3) The operator of any vehicle that is not a snowplow and that approaches from the rear any snowplow that is engaged in highway winter maintenance snow and ice removal, as described in
sub. (1), and is using lamps described in
s. 347.26 (7) and that is stopped at an intersection shall stop not less than 20 feet from the snowplow and remain stopped until the snowplow resumes motion.
346.92(1)(1) No person shall drive a vehicle when any person other than an employee engaged in the necessary discharge of the employee's duty is upon any portion thereof not designed or intended for the use of passengers.
346.92(2)
(2) No person other than an employee engaged in the necessary discharge of the employee's duty shall ride upon any portion of a vehicle not designed or intended for the use of passengers.
346.92(3)
(3) This section does not apply to persons riding within truck bodies in spaces intended for merchandise or to the operator of any such vehicle.
346.92 History
History: 1991 a. 316.
346.922
346.922
Transporting children in cargo areas of motor trucks. 346.922(1)(1) Notwithstanding
s. 346.92, no person may operate upon a highway a motor truck having a gross weight of 10,000 pounds or less when any child under the age of 16 years is in an open cargo area of the motor truck.
346.922(2)
(2) Subsection (1) does not apply to any of the following:
346.922(2)(a)
(a) A person operating a farm truck in conjunction with farm operations.
346.922(2)(b)
(b) A person operating a motor truck in a parade sanctioned by a local municipality.
346.922(2)(c)
(c) A person operating a motor truck for the purpose of transporting licensed deer hunters during the authorized deer hunting season with firearms.
346.922 History
History: 1995 a. 420.
346.922 Annotation
This section is a safety statute intended to prevent any and all harms that could result from a child being transported in the open cargo area of a vehicle, including those resulting from a child's immature decision to jump from the cargo area of a moving vehicle. A destaging area of a parade falls under the exception under sub. (2) (b) for parades sanctioned by local municipalities. Nunez v. American Family Mutual Insurance,
2003 WI App 35,
260 Wis. 2d 377,
659 N.W.2d 171,
02-1041.
346.923
346.923
Human service vehicles; minimum operator qualifications. Notwithstanding
ss. 111.321,
111.322, and
111.335, no person may operate a human service vehicle transporting any passenger unless all of the following apply:
346.923(1)
(1) The operator possesses a valid operator's license issued under
ch. 343 or by another jurisdiction that authorizes the operation of the human service vehicle.
346.923(6)
(6) The operator holds a valid school bus endorsement under
s. 343.12 or the operator meets the requirements specified under
s. 343.12 (7) and
(8) and any rule established by the department under
s. 343.12 (7) and
(8).
346.923(8)
(8) The operator has, within the 2 previous years, been fully trained in the proper use of all passenger restraint systems available in the human service vehicle.
346.923 History
History: 2003 a. 297,
327;
2005 a. 147.
346.924
346.924
Transporting buildings on highways. No person may operate a vehicle transporting a building, as defined in
s. 348.27 (12m) (a) 1., on a highway unless all of the following apply:
346.924(1)
(1) The vehicle is a commercial motor vehicle and the person holds a valid commercial driver license.
346.924(2)
(2) The vehicle is operated under a valid motor carrier certificate or license of authority issued under
ch. 194 or under applicable federal law, and all insurance requirements applicable to the vehicle under
s. 194.41 or federal law are satisfied.
346.924 History
History: 2005 a. 250.
346.925
346.925
Operation of agricultural machinery by youthful operators. 346.925(1)(1) No person may direct or permit a child under the age of 16 years to operate a farm tractor or self-propelled implement of husbandry on the highway unless the child has been certified under
s. 36.25 (32) (a) 2. as successfully completing a tractor and machinery operation safety training course that is equivalent to the requirements, other than age, specified under
29 CFR part 570.70 to
570.72.
346.925(2)
(2) Subsection (1) does not apply to operation of a farm tractor or self-propelled implement of husbandry on the highway on a course that is perpendicular to the direction of the highway.
346.93
346.93
Intoxicants in vehicle; underage persons. 346.93(1)(1) No underage person, as defined under
s. 125.02 (20m), may knowingly possess, transport, or have under his or her control any alcohol beverage in any motor vehicle unless the person is employed by a brewer, brewpub, alcohol beverage licensee, wholesaler, retailer, distributor, manufacturer, or rectifier and is possessing, transporting, or having such beverage in a motor vehicle under his or her control during his or her working hours and in the course of employment, as provided under
s. 125.07 (4) (bm).
346.93(2)
(2) In addition to any other penalty prescribed by law, any violation of this section by an underage person driving or operating or on duty time with respect to a commercial motor vehicle shall be punished under
s. 346.65 (2u).
346.93(2f)
(2f) Except as provided in
sub. (2g), any person violating this section may have his or her operating privilege suspended under
s. 343.30 (6) (b) 1.
346.93(2g)
(2g) Any person violating this section may be required to forfeit not less than $20 nor more than $400 and shall have his or her operating privilege:
346.935
346.935
Intoxicants in motor vehicles. 346.935(1)
(1) No person may drink alcohol beverages or inhale nitrous oxide while he or she is in any motor vehicle when the vehicle is upon a highway.
346.935(2)
(2) No person may possess on his or her person, in a privately owned motor vehicle upon a public highway, any bottle or receptacle containing alcohol beverages or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released.
346.935(3)
(3) The owner of a privately owned motor vehicle, or the driver of the vehicle if the owner is not present in the vehicle, shall not keep, or allow to be kept in the motor vehicle when it is upon a highway any bottle or receptacle containing alcohol beverages or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released. This subsection does not apply if the bottle or receptacle is kept in the trunk of the vehicle or, if the vehicle has no trunk, in some other area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is considered to be within the area normally occupied by the driver and passengers.
346.935(4)(a)1.
1. "Chauffeur" means a person employed full time or on a regular basis, including leased drivers, for the principal purpose of operating a motor vehicle.
346.935(4)(a)2.
2. "Limousine" means any motor vehicle for charter or hire which is operated by a chauffeur and designed for transporting persons rather than property.
346.935(4)(b)
(b) This section does not apply to passengers in a limousine or in a motor bus who possess any bottle or receptacle containing alcohol beverages that has been opened, on which the seal has been broken or the contents of which have been partially removed or released if the vehicle is operated by a chauffeur holding a valid license and endorsements authorizing operation of the vehicle as provided in
ch. 343 and is in compliance with any local ordinance or regulation adopted under
s. 349.24.
346.935(5)
(5) In addition to any other penalty prescribed by law, any violation of this section by an operator of a commercial motor vehicle shall be punished under
s. 346.65 (2u).
346.94
346.94
Miscellaneous prohibited or restricted acts. 346.94(1)(1)
Driving on sidewalk. Except as authorized in
s. 23.33 (4) (f) or when the sidewalk is an all-terrain vehicle route, as defined in
s. 23.33 (1) (c), the operator of a vehicle shall not drive upon any sidewalk area except at a permanent or temporarily established driveway unless permitted to do so by the local authorities.
346.94(2)
(2) Racing. No operator of a motor vehicle shall participate in any race or speed or endurance contest upon any highway.
346.94(4)
(4) Missiles, circulars or pamphlets. No person shall throw any missile, circular or pamphlet at the occupants of any vehicle or throw or place any missile, circular or pamphlet in or on any vehicle, whether or not the vehicle is occupied. This subsection does not apply to any person who places on a vehicle educational material relating to the parking privileges of physically disabled persons if the person has a good faith belief that the vehicle is violating state or local law on parking for motor vehicles used by the physically disabled and the educational material has been approved by the council on physical disabilities as provided under
s. 46.29 (1) (em).
346.94(5)
(5) Placing injurious substance on highway. No person shall place or cause to be placed upon a highway any foreign substance which is or may be injurious to any vehicle or part thereof.
