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.
346.94(7)
(7) Spilling loads of waste or foreign matter. The operator of every vehicle transporting waste or foreign matter on the highways of this state shall provide adequate facilities to prevent such waste or foreign matter from spilling on or along the highways.
346.94(8)
(8) Transporting persons in mobile homes, recreational vehicles, or boats. Except as provided in
sub. (8m), no person may operate a motor vehicle towing any mobile home, recreational vehicle, or boat on a trailer upon a highway when any person is in such mobile home, recreational vehicle, or boat.
346.94(8m)
(8m) Transporting persons in fifth-wheel recreational vehicles. 346.94(8m)(a)(a) No person may operate a motor vehicle towing a fifth-wheel recreational vehicle upon a highway when any person under the age of 12 years is in the fifth-wheel recreational vehicle unless one person 16 years of age or older is also in the fifth-wheel recreational vehicle.
346.94(8m)(b)
(b) No person may operate a motor vehicle towing a fifth-wheel recreational vehicle upon a highway with any person in such recreational vehicle unless the fifth-wheel recreational vehicle is equipped with a two-way communications system in proper working order and capable of providing voice communications between the operator of the towing vehicle and any occupant of the fifth-wheel recreational vehicle.
346.94(8s)
(8s) Transporting persons in buildings. No person may operate a vehicle transporting a building, as defined in
s. 348.27 (12m) (a) 1., on a highway if any person is in the building.
346.94(9)
(9) Alighting from or boarding moving vehicle. No person shall alight from or board any vehicle when such vehicle is in motion.
346.94(10)
(10) Clinging to moving vehicle. No person riding upon a motor bicycle, moped or motorcycle may attach the same or himself or herself to any other moving vehicle upon a highway except when the motor bicycle, moped or motorcycle is incapacitated and being towed. A tow device attached to a towed motor bicycle, moped or motorcycle shall be attached so that an operator of the towed vehicle may release the tow device at any time.
346.94(11)
(11) Towing sleds, etc. No person shall operate any vehicle or combination of vehicles upon a highway when such vehicle or combination of vehicles is towing any toboggan, sled, skis, bicycle, skates or toy vehicle bearing any person.
346.94(12)
(12) Driving on bicycle lane or bicycle way. No operator of a motor vehicle may drive upon a bicycle lane or bicycle way except to enter a driveway, to merge into a bicycle lane before turning at an intersection, or to enter or leave a parking space located adjacent to the bicycle lane or bicycle way. Persons operating a motor vehicle upon a bicycle lane or bicycle way shall yield the right-of-way to all bicycles and electric personal assistive mobility devices within the bicycle lane or bicycle way.
346.94(13)
(13) Abandoned motor vehicles. No person may cause a motor vehicle to be abandoned, within the meaning of
s. 342.40 (1m) or
(4) (b) 1., on or along any highway or on any public or private property.
346.94(14)
(14) Use of flashing blue lights along highways. Except as provided in
ss. 346.03 (3) and
347.25 (1m) and
(1s), no person may maintain or operate any device equipped with a flashing, oscillating or rotating blue light within 100 feet of a highway if the light is visible from the highway and if the department or the local authority responsible for maintaining the highway determines that motorists would believe the light was the warning light of a police vehicle. This subsection does not apply to airport lights.
346.94(15)
(15) Towing by human service vehicles. No person may operate a school bus that is not equipped with a side exit or side emergency exit windows suitable to provide an exit for pupils in an emergency or a human service vehicle over any public highway of this state with any trailer or semitrailer attached.
346.94(16)
(16) Radios or other electric sound amplification devices. 346.94(16)(a)(a) Except as provided in
s. 347.38 (1), no person may operate or park, stop or leave standing a motor vehicle while using a radio or other electric sound amplification device emitting sound from the vehicle that is audible under normal conditions from a distance of 75 or more feet, unless the electric sound amplification device is being used to request assistance or warn against an unsafe condition.
346.94(16)(b)
(b) This subsection does not apply to any of the following:
346.94(16)(b)1.
1. The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm.
346.94(16)(b)3.
3. The operator of a vehicle that is being used for advertising purposes.
346.94(16)(b)4.
4. The operator of a vehicle that is being used in a community event or celebration, procession or assemblage.
346.94(16)(b)6.
6. The operator of a motorcycle being operated outside of a business or residence district.
346.94(17)(a)(a) A person riding upon in-line skates may go upon any roadway under the jurisdiction of a local authority, subject to any restrictions specified by municipal ordinance enacted under
s. 349.235.
346.94(17)(b)
(b) Any person riding upon in-line skates upon any roadway shall ride in a careful and prudent manner and with due regard under the circumstances for the safety of all persons using the roadway.
346.94(17)(c)
(c) Notwithstanding any other provision of this subsection or
s. 349.235, no person riding upon in-line skates may attach the in-line skates or himself or herself to any vehicle upon a roadway or, except while crossing a roadway at a crosswalk, go upon any roadway under the jurisdiction of the department.
346.94(18)
(18) Electric personal assistive mobility devices on roadways and sidewalks. 346.94(18)(a)1.1. Except as otherwise prohibited in this chapter, a person may operate an electric personal assistive mobility device upon any roadway or sidewalk that is under the jurisdiction of the department.
346.94(18)(a)2.
2. Except as provided in
s. 349.236 (1) (c), the department may by rule prohibit electric personal assistive mobility devices upon any roadway under its jurisdiction for which the speed limit is more than 25 miles per hour, and may by rule prohibit such devices upon any sidewalk under its jurisdiction. This subdivision does not apply upon any sidewalk at a permanent or temporarily established driveway.
346.94(18)(b)
(b) A person may operate an electric personal assistive mobility device upon any roadway under the jurisdiction of a local authority, subject to any prohibitions specified by municipal ordinance enacted under
s. 349.236.
346.94(19)
(19) Off-road utility vehicles on roadway. 346.94(19)(a)(a) A person may operate an off-road utility vehicle upon any roadway that has a speed limit of 35 miles per hour or less. This paragraph applies only if the person operating the off-road utility vehicle is employed by, or under contract with, the state or a local governmental unit, as defined in
s. 19.42 (7u), and the off-road utility vehicle is being used for the state or local governmental purpose of collecting residential or commercial solid waste, landscaping, or performing incidental street maintenance, and is operated on a highway for a distance not to exceed one half mile.
346.94(19)(b)
(b) No person may operate an off-road utility vehicle upon any highway that has a speed limit of more than 35 miles per hour.
346.94(20)
(20) Opening motor vehicle door on highway. 346.94(20)(a)(a) No person may open any door of a motor vehicle located on a highway without first taking due precaution to ensure that his or her act will not interfere with the movement of traffic or endanger any other person or vehicle.
346.94(20)(b)
(b) The operator of a motor vehicle located on a highway may not permit any person under 16 years of age to open any door of the motor vehicle without the operator first taking due precaution to ensure that opening the door will not interfere with the movement of traffic or endanger any other person or vehicle.
346.94(21)
(21) Lightweight utility vehicles on highways. 346.94(21)(a)1.
1. "Agricultural operations" includes transporting farm implements, equipment, supplies, or products on a farm or between farms.
346.94(21)(a)2.
2. "Lightweight utility vehicle" has the meaning given in
s. 23.33 (11m) (a) 2., except that the term does not include a device that is equipped with a seat designed to be straddled by the operator.
346.94(21)(b)1.1. Notwithstanding
s. 23.33 (11m), a person may operate in the conduct of agricultural operations a lightweight utility vehicle on a highway, including any roadway or, notwithstanding
ss. 346.05 (1) and
346.08, any shoulder of a highway, to cross the highway or to travel on the highway.
346.94(21)(b)2.
2. Any person operating a lightweight utility vehicle on a highway shall exercise due care and, as far as is practicable, avoid interfering with the movement of traffic.
346.94(21)(b)3.
3. Any person operating a lightweight utility vehicle upon any roadway shall operate as close as practicable to the right-hand edge or curb of the unobstructed roadway.
346.94(21)(c)
(c) Except as provided in
par. (b) and
s. 23.33 (11m), no person may operate a lightweight utility vehicle on a highway.
346.94(22)
(22) Low-speed vehicles operated on highways. 346.94(22)(a)(a) Except as provided in
par. (b) and
s. 349.26, a person may operate a low-speed vehicle on any highway that has a speed limit of 35 miles per hour or less and that is under the jurisdiction, for maintenance purposes, of a municipality or county.
346.94(22)(b)1.1. Paragraph (a) applies to the operation of a low-speed vehicle on a connecting highway only if the connecting highway has a speed limit of 25 miles per hour or less or the municipality or county with jurisdiction has adopted a valid ordinance under
s. 349.26 (2).
346.94(22)(b)2.
2. Subject to
subd. 3.,
par. (a) applies to an intersection where the highway under the jurisdiction of the municipality or county crosses a state trunk highway or connecting highway only if the state trunk highway or connecting highway has a speed limit at the intersection of 35 miles per hour or less and traffic at the intersection is controlled by traffic control signals.
346.94(22)(b)3.
3. Paragraph (a) does not apply to an intersection where the highway under the jurisdiction of the municipality or county crosses an expressway, as defined in
s. 346.57 (1) (ag), or freeway, as defined in
s. 346.57 (1) (am), or a controlled-access highway designated under
s. 83.027 or
84.25.
346.94(22)(c)
(c) No person may operate a low-speed vehicle on any highway except as authorized under this subsection or
s. 349.26 (2).
346.94(22)(d)
(d) No person may operate a low-speed vehicle at a speed in excess of 25 miles per hour.
346.94 History
History: 1973 c. 182,
314;
1975 c. 320;
1977 c. 68;
1983 a. 56,
175,
243,
538;
1989 a. 335;
1991 a. 83,
87;
1993 a. 260;
1995 a. 131,
138,
216,
373;
1997 a. 27;
2001 a. 90;
2003 a. 26,
192;
2005 a. 118,
250;
2007 a. 11;
2009 a. 22,
157,
311,
367.
346.94 Annotation
An ordinance adopting sub. (4) in its entirety violated the constitutional guarantee of free speech. Deida v. City of Milwaukee,
176 F. Supp. 2d 859 (2001).
346.945
346.945
Vehicle owner's liability for radios or other electric sound amplification devices. 346.945(1)(a)
(a) Subject to
s. 346.01 (2), the owner of a vehicle involved in a violation of
s. 346.94 (16) shall be presumed liable for the violation as provided in this section.
346.945(1)(b)
(b) Notwithstanding
par. (a), no owner of a vehicle involved in a violation of
s. 346.94 (16) may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under this section or under
s. 346.94 (16).
346.945(2)
(2) Any member of the public who observes a violation of
s. 346.94 (16) may prepare a written report indicating that a violation has occurred. If possible, the report shall contain the following information:
346.945(2)(a)
(a) The time and the approximate location at which the violation occurred.
346.945(2)(b)
(b) The license number and color of the motor vehicle involved in the violation.
346.945(2)(c)
(c) Identification of the motor vehicle as an automobile, motor truck, motor bus, motorcycle or other type of vehicle.
346.945(3)(a)1.1. Within 24 hours after observing the violation, a member of the public may deliver a report containing all of the information in
sub. (2) to a traffic officer of the county or municipality in which the violation occurred. A report which does not contain all of the information in
sub. (2) shall nevertheless be delivered and shall be maintained by the county or municipality for statistical purposes.
346.945(3)(a)2.
2. Within 48 hours after receiving a report containing all of the information in
sub. (2), the traffic officer shall investigate the violation and may prepare a uniform traffic citation under
s. 345.11 and, within 72 hours after receiving such report, any traffic officer employed by the authority issuing the citation may personally serve it upon the owner of the vehicle.
346.945(3)(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 who is at least 14 years of age and who shall be informed of the contents thereof. Service under this paragraph may be made by any traffic officer employed by the authority issuing the citation and shall be performed within 72 hours after a report containing all of the information in
sub. (2) was delivered to a traffic officer under
par. (a) 1.
346.945(3)(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. Service under this paragraph shall be performed by posting the certified mail within 72 hours after a report containing all of the information in
sub. (2) was delivered to a traffic officer under
par. (a) 1. Except for owners who live outside of the jurisdiction of the issuing authority, service under this paragraph may not be performed unless service under
pars. (a) and
(b) has been attempted.
346.945(4)
(4) Defenses to the imposition of liability under this section include:
346.945(4)(a)
(a) 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.
346.945(4)(b)
(b) If the owner of the vehicle provides a traffic officer employed by the authority issuing the citation with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the officer to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle or having the vehicle under his or her control at the time of the violation, then the owner of the vehicle shall not be liable under this section or under
s. 346.94 (16).
