23.33(5)(c)1.1. In this paragraph, "land on which operation is authorized" means land under the management and control of a person who consents to the operation of an all-terrain vehicle or utility terrain vehicle on the land.
23.33(5)(c)2.
2. Paragraphs (a),
(am), and
(b) do not apply to a person who operates an all-terrain vehicle or utility terrain vehicle exclusively on land that is either of the following:
23.33(5)(c)2.a.
a. Land under the management and control of the person's immediate family.
23.33(5)(c)2.b.
b. Land, other than land described under
subd. 2. a., on which operation is authorized.
23.33(5)(c)3.
3. A person who operates an all-terrain vehicle or utility terrain vehicle on land on which operation is authorized qualifies for the exception under
subd. 2. b. only if the person is under 12 years of age and operates the all-terrain vehicle or utility terrain vehicle when accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.
23.33(5)(c)4.
4. Notwithstanding the safety certificate requirements under
par. (b), a person is not required to hold a safety certificate if all of the following apply:
23.33(5)(c)4.a.
a. The person operates an all-terrain vehicle or utility terrain vehicle at an all-terrain vehicle or utility terrain vehicle demonstration event.
23.33(5)(c)4.b.
b. The event under
subd. 4. a. is sponsored by an all-terrain vehicle dealer, a utility terrain vehicle dealer, an all-terrain vehicle club, a utility terrain vehicle club, this state, a city, a village, a town, or a county.
23.33(5)(c)4.c.
c. If the person is under 18 years of age, the person is accompanied by his or her parent or guardian or is accompanied by a person over 18 years of age who is designated by the parent or guardian.
23.33(5)(c)4.e.
e. The person operates the all-terrain vehicle or utility terrain vehicle in a closed-course area in the manner prescribed by the event sponsor.
23.33(5)(d)
(d)
Safety certification program established. The department shall establish or supervise the establishment of a program of instruction on all-terrain vehicle and utility terrain vehicle laws, including the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law, regulations, safety and related subjects. The department shall establish by rule an instruction fee for this program. The department shall issue certificates to persons successfully completing the program. An instructor conducting the program of instruction under this paragraph shall collect the fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.
23.33(5m)(a)(a) The department shall establish a program to award grants to organizations that meet the eligibility requirements under
par. (b).
23.33(5m)(b)
(b) To be eligible for a grant under this subsection, an organization shall meet all of the following requirements:
23.33(5m)(b)1.
1. The organization is a nonstock corporation organized in this state.
23.33(5m)(b)2.
2. The organization promotes the operation of all-terrain vehicles in a manner that is safe and responsible and that does not harm the environment.
23.33(5m)(b)3.
3. The organization promotes the operation of all-terrain vehicles in a manner that does not conflict with the laws, rules, and departmental policies that relate to the operation of all-terrain vehicles.
23.33(5m)(b)4.
4. The interest of the organization is limited to the recreational operation of all-terrain vehicles on all-terrain vehicle trails and other areas that are off the highways.
23.33(5m)(b)5.
5. The organization has a board of directors that has a majority of members who are representatives of all-terrain vehicle clubs.
23.33(5m)(b)6.
6. The organization provides support to all-terrain vehicle clubs.
23.33(5m)(c)
(c) An organization receiving a grant under this subsection shall use the grant moneys to promote and provide support to the program established under
sub. (5) by conducting activities that include all of the following:
23.33(5m)(c)1.
1. Collecting data on the recreational operation of all-terrain vehicles off the highways.
23.33(5m)(c)2.
2. Providing assistance to the department in locating, recruiting, and training instructors for the program established under
sub. (5) (d).
23.33(5m)(c)3.
3. Attempting to increase participation by current and future all-terrain vehicle operators and owners in the program established under
sub. (5) (d).
23.33(5m)(c)4.
4. Assisting the department of natural resources and the department of tourism in creating an outreach program to inform local communities of appropriate all-terrain vehicle use in their communities and of the economic benefits that may be gained from promoting tourism to attract all-terrain vehicle operators.
23.33(5m)(c)5.
5. Attempting to improve and maintain its relationship with the department of natural resources, the department of tourism, all-terrain vehicle dealers, all-terrain vehicle manufacturers, snowmobile clubs, as defined in
s. 350.138 (1) (e), snowmobile alliances, as defined in
s. 350.138 (1) (d), and other organizations that promote the recreational operation of snowmobiles.
23.33(5m)(c)6.
6. Recruiting, assisting in the training of, and providing support to a corps of volunteers that will assist in providing instruction on the safe and responsible operation of all-terrain vehicles that is given in the field to all-terrain vehicle operators.
23.33(5m)(c)7.
7. Publishing a manual in cooperation with the department that shall be used to train volunteers in monitoring the recreational operation of all-terrain vehicles for safety issues and other issues that relate to the responsible operation of all-terrain vehicles.
23.33(5r)(b)
(b) The department shall establish a program to make incentive payments to private landowners who permit public all-terrain vehicle corridors on their lands and who apply for the payments.
23.33(5r)(c)
(c) An application is not considered complete until the forester or another employee of each county in which the public all-terrain vehicle corridor is located measures the length of the corridor in that county for the purpose of calculating the payment.
23.33(5r)(d)
(d) Incentive payments under the program shall be calculated as follows:
23.33(5r)(d)1.
1. For a public all-terrain vehicle corridor that was open to the public for 60 days or more but for less than 180 days in the previous fiscal year, the incentive payment shall be $25 per mile.
23.33(5r)(d)2.
2. For a public all-terrain vehicle corridor that was open to the public for 180 days or more but for less than 270 days in the previous fiscal year, the incentive payment shall be $75 per mile.
23.33(5r)(d)3.
3. For a public all-terrain vehicle corridor that was open to the public for 270 days or more in the previous fiscal year, the incentive payment shall be $100 per mile.
23.33(5r)(e)
(e) If a private landowner enters into an agreement with a county to allow a public all-terrain vehicle corridor on the landowner's land for a period of at least 5 years, the landowner shall receive a supplemental payment, in addition to the payment as calculated under
par. (d), that equals 10 percent of the payment calculated under
par. (d) for each full or partial fiscal year that is included in the 5-year period.
23.33(5r)(f)
(f) If the total amount of incentive payments made in a given fiscal year would exceed the amount available for the payments, the department shall establish a system to prorate the payments.
23.33(5r)(g)
(g) During fiscal year 2007-08, the department may expend up to $100,000 from the appropriation under
s. 20.370 (5) (cv) for incentive payments under this program.
23.33(6)(a)(a) A person who operates an all-terrain vehicle or utility terrain vehicle during hours of darkness or during daylight hours on any highway right-of-way is required to display a lighted headlamp and tail lamp on the all-terrain vehicle or utility terrain vehicle.
23.33(6)(b)
(b) The headlamp on an all-terrain vehicle or utility terrain vehicle is required to display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle or utility terrain vehicle.
23.33(6)(c)
(c) The tail lamp on an all-terrain vehicle or utility terrain vehicle is required to display a red light plainly visible during hours of darkness from a distance of 500 feet to the rear.
23.33(6)(d)
(d) Every all-terrain vehicle and utility terrain vehicle is required to be equipped with at least one brake operated either by hand or by foot.
23.33(6)(e)
(e) Every all-terrain vehicle and utility terrain vehicle is required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester of a type approved by the U.S. forest service. This paragraph does not apply to an all-terrain vehicle or utility terrain vehicle that is operated exclusively by means of an electric motor.
23.33(6)(f)
(f) An all-terrain vehicle may not be modified so that its maximum width exceeds 50 inches.
23.33(6)(g)
(g) An all-terrain vehicle may not be operated with tires other than low-pressure tires or non-pneumatic tires.
23.33(6)(h)
(h) A person who operates an all-terrain vehicle or utility terrain vehicle with a snow removal device attached as authorized under
s. 23.33 (4) (f) is required to display at least one or more flashing or rotating amber or yellow lights, and at least one of these lights shall be visible from every direction.
23.33(6)(i)
(i) No person may operate a utility terrain vehicle unless each passenger is wearing a safety belt installed by the manufacturer and fastened in a manner prescribed by the manufacturer of the safety belt which permits the safety belt to act as a body restraint.
23.33(6m)
(6m) Noise limits. No person may manufacture, sell, rent or operate an all-terrain vehicle or utility terrain vehicle that is constructed in such a manner that noise emitted from the vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the department.
23.33(6r)
(6r) Passenger restrictions. No person may ride in or on any part of a utility terrain vehicle that is not designed or intended to be used by passengers.
23.33(7)(a)(a) If an accident results in the death of any person or in the injury of any person which requires the treatment of the person by a physician, the operator of each all-terrain vehicle and utility terrain vehicle involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and shall file a written report of the accident with the department on the form provided by it within 10 days after the accident.
23.33(7)(b)
(b) If the operator of an all-terrain vehicle or utility terrain vehicle is physically incapable of making the report required by this subsection and there was another witness to the accident capable of making the report, the witness may make the report.
23.33(8)(a)(a)
Department authority. The department shall encourage and supervise a system of all-terrain vehicle routes and trails. The department may establish standards and procedures for certifying the designation of all-terrain vehicle routes and trails.
23.33(8)(b)
(b)
Routes. A town, village, city or county may designate highways as all-terrain vehicle routes. No state trunk highway or connecting highway may be designated as an all-terrain vehicle route unless the department of transportation approves the designation.
23.33(8)(c)
(c)
Trails. A town, village, city, county or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements or permission, for use as all-terrain vehicle trails.
23.33(8)(d)
(d)
Restrictions. The designating authority may specify effective periods for the use of all-terrain vehicle routes and trails and may restrict or prohibit the operation of an all-terrain vehicle or utility terrain vehicle during certain periods of the year.
23.33(8)(e)
(e)
Signs. The department, in cooperation with the department of transportation, shall establish uniform all-terrain vehicle route and trail signs and standards and uniform signs and standards for the operation of utility terrain vehicles on all-terrain vehicle routes and trails. The standards may not require that any additional signs be placed on all-terrain vehicle routes concerning the operation of all-terrain vehicles or utility terrain vehicles with snow removal devices attached.
23.33(8)(f)
(f)
Interference with signs and standards prohibited. 23.33(8)(f)1.1. No person may intentionally remove, damage, deface, move, obstruct, or interfere with the effective operation of any uniform all-terrain vehicle route or trail sign or standard or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail if the sign or standard is legally placed by the state, any municipality or any authorized individual.
23.33(8)(f)2.
2. No person may possess any uniform all-terrain vehicle route or trail sign or standard, or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail, of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard or uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail creates a rebuttable presumption of illegal possession.
23.33(9)
(9) Administration; enforcement; aids. 23.33(9)(a)(a)
Enforcement. The department may utilize moneys received under
sub. (2) for all-terrain vehicle and utility terrain vehicle registration aids administration and for the purposes specified under
s. 20.370 (3) (as) and
(5) (er) including costs associated with enforcement, safety education, accident reports and analysis, law enforcement aids to counties, and other similar costs in administering and enforcing this section.
23.33(9)(b)
(b)
All-terrain vehicle projects. Any of the following all-terrain vehicle projects are eligible for funding as a state all-terrain vehicle project from the appropriation account under
s. 20.370 (1) (ms) or for aid as a nonstate all-terrain vehicle project from the appropriation accounts under
s. 20.370 (5) (ct) and
(cu):
23.33(9)(b)1.
1. Acquisition of an easement or land in fee simple.
23.33(9)(b)2.
2. Development of all-terrain vehicle facilities such as parking areas, riding areas, shelters, toilets or other improvements.
23.33(9)(b)3.
3. Development of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(b)4.
4. Development or maintenance of a snowmobile route or trail or an off-the-road motorcycle trail or facility if the route, trail or facility is open for use by all-terrain vehicles.
23.33(9)(b)5.
5. Maintenance of all-terrain vehicle routes or all-terrain vehicle trails.
23.33(9)(bb)
(bb)
Signs. In addition to the projects listed in
par. (b), the department may provide aid from the appropriation under
s. 20.370 (5) (ct) or
(cu) to a town, village, city or county for up to 100% of the cost of placing signs developed under
sub. (4z) (a) 2.
23.33(9)(bd)
(bd)
All-terrain and utility terrain vehicle projects; stewardship funding. 23.33(9)(bd)1.1. The department may obligate from the appropriation account under
s. 20.866 (2) (ta) moneys for state projects and for aids to counties, cities, villages, or towns for nonstate projects. The projects may be any of the following:
23.33(9)(bd)1.c.
c. Development of a snowmobile route or trail or an off-the-road motorcycle trail or facility if the route, trail or facility is open for use by all-terrain vehicles.
23.33(9)(bd)1.d.
d. Improvement of all-terrain vehicle trails for use by utility terrain vehicles.
23.33(9)(bd)2.
2. Moneys obligated from the appropriation account under
s. 20.866 (2) (ta) for a project under
subd. 1. shall be limited to no more than 80 percent of the cost of the project. The county, city, village, or town receiving the aid is responsible for the remainder of the project cost.
23.33(9)(bg)
(bg)
Projects for utility terrain vehicles. A project to improve or maintain all-terrain vehicle trails for use by utility terrain vehicles is eligible for funding as a state utility terrain vehicle project from the appropriation account under
s. 20.370 (1) (mr) or for aid as a nonstate utility vehicle project from the appropriation accounts under
s. 20.370 (5) (eu) and
(gr). The maximum amount allowed for aid under this paragraph is $100 per mile for all-terrain vehicle trails that are maintained not less than 3 months per year including the months of June, July, and August. If the requests for aid for projects under this paragraph exceed the funds available, the department shall distribute available funds to qualified applicants on a proportional basis.
23.33(10)
(10) Liability of landowners. Section 895.52 applies to this section.
23.33(11)(a)(a) Counties, towns, cities and villages may enact ordinances regulating all-terrain vehicles and utility terrain vehicles on all-terrain vehicle trails maintained by or on all-terrain vehicle routes designated by the county, city, town or village.
