346.74 Annotation
Although sub. (5) (b) establishes a maximum of 9 months' imprisonment for a violation of s. 346.67 (1) when the accident involves injury to a person but not great bodily harm, and offenses punishable by a maximum period of incarceration of less than one year are ordinarily classified as misdemeanors under ss. 939.60 and 973.02, sub. (5) (e) states that a violation of s. 346.67 (1) is "a felony if the accident involved death or injury to a person." Any inconsistency is resolved by the principle that when two statutes relate to the same subject matter, the more specific language controls, in this case the language providing that the offense is a felony. State v. Brandt,
2009 WI App 115,
321 Wis. 2d 84,
772 N.W.2d 674,
08-0550.
BICYCLES, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, AND PLAY VEHICLES
346.77
346.77
Responsibility of parent or guardian for violation of bicycle and play vehicle regulations. No parent or guardian of any child shall authorize or knowingly permit such child to violate any of the provisions of
ss. 346.78 to
346.804 and
347.489.
346.77 History
History: 1983 a. 243 s.
66;
2001 a. 90.
346.78
346.78
Play vehicles not to be used on roadway. No person riding upon any play vehicle may attach the same or himself or herself to any vehicle upon a roadway or go upon any roadway except while crossing a roadway at a crosswalk.
346.78 History
History: 1983 a. 243.
346.79
346.79
Special rules applicable to bicycles. Whenever a bicycle is operated upon a highway, bicycle lane or bicycle way the following rules apply:
346.79(1)
(1) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
346.79(2)(a)(a) Except as provided in
par. (b), no bicycle may be used to carry or transport more persons at one time than the number for which it is designed.
346.79(2)(b)
(b) In addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child's seat or trailer designed for attachment to a bicycle if the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer.
346.79(3)
(3) No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handle bars.
346.79(4)
(4) No person riding a bicycle shall attach himself or herself or his or her bicycle to any vehicle upon a roadway.
346.79(5)
(5) No person may ride a moped or motor bicycle with the power unit in operation upon a bicycle way.
346.79 Annotation
Sub. (2) is violated when 2 persons ride on a single bicycle designed for one person to which an additional seat, but no footrests or handgrips, has been added. 61 Atty. Gen. 360.
346.80
346.80
Riding bicycle or electric personal assistive mobility device on roadway. 346.80(1)
(1) In this section, "substandard width lane" means a lane that is too narrow for a bicycle or electric personal assistive mobility device and a motor vehicle to travel safely side by side within the lane.
346.80(2)(a)(a) Any person operating a bicycle or electric personal assistive mobility device upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand edge or curb of the unobstructed traveled roadway, including operators who are riding 2 or more abreast where permitted under
sub. (3), except:
346.80(2)(a)1.
1. When overtaking and passing another vehicle proceeding in the same direction.
346.80(2)(a)2.
2. When preparing for a left turn or U-turn at an intersection or a left turn into a private road or driveway.
346.80(2)(a)3.
3. When reasonably necessary to avoid unsafe conditions, including fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to ride along the right-hand edge or curb.
346.80(2)(b)
(b) Notwithstanding
par. (a), any person operating a bicycle or electric personal assistive mobility device upon a one-way highway having 2 or more lanes available for traffic may ride as near the left-hand edge or curb of the roadway as practicable.
346.80(2)(c)
(c) Any person operating a bicycle or electric personal assistive mobility device upon a roadway shall exercise due care when passing a standing or parked vehicle or a vehicle proceeding in the same direction and, when passing a standing or parked vehicle that is a school bus that is not displaying flashing red warning lights as provided in
s. 346.48 (1) or a motor bus, shall allow a minimum of 3 feet between the bicycle or electric personal assistive mobility device and the vehicle.
346.80(3)(a)(a) Persons riding bicycles or electric personal assistive mobility devices upon a roadway may ride 2 abreast if such operation does not impede the normal and reasonable movement of traffic. Bicycle or electric personal assistive mobility device operators riding 2 abreast on a 2-lane or more roadway shall ride within a single lane.
346.80(3)(b)
(b) Persons riding bicycles upon a roadway may not ride more than 2 abreast except upon any path, trail, lane or other way set aside for the exclusive use of bicycles and electric personal assistive mobility devices.
346.80(4)
(4) No person may operate a bicycle, electric personal assistive mobility device, or moped upon a roadway where a sign is erected indicating that bicycle, electric personal assistive mobility device, or moped riding is prohibited.
346.80(5)
(5) Except as provided in
ss. 346.23,
346.24,
346.37, and
346.38, every rider of a bicycle or electric personal assistive mobility device shall, upon entering on a highway, yield the right-of-way to motor vehicles.
346.803
346.803
Riding bicycle or electric personal assistive mobility device on bicycle way. 346.803(1)
(1) Every person operating a bicycle or electric personal assistive mobility device upon a bicycle way shall:
346.803(1)(a)
(a) Exercise due care and give an audible signal when passing a bicycle or electric personal assistive mobility device rider or a pedestrian proceeding in the same direction.
346.803(1)(b)
(b) Obey each traffic signal or sign facing a roadway which runs parallel and adjacent to a bicycle way.
346.803(2)
(2) Every person operating a bicycle or electric personal assistive mobility device upon a bicycle way open to 2-way traffic shall ride on the right side of the bicycle way.
346.803(3)
(3) Every operator of a bicycle or electric personal assistive mobility device entering a bicycle way shall yield the right-of-way to all bicycles and pedestrians in the bicycle way.
346.803(4)
(4) Except as provided in
s. 349.236 (1) (bm), a person may operate an electric personal assistive mobility device upon any bicycle path.
346.803 History
History: 1973 c. 182;
2001 a. 90.
346.804
346.804
Riding bicycle on sidewalk. When local authorities under
s. 346.94 (1) permit bicycles on the sidewalk, every person operating a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle or electric personal assistive mobility device rider or a pedestrian proceeding in the same direction.
346.804 History
History: 1973 c. 182;
2001 a. 90.
346.805
346.805
Riding electric personal assistive mobility device on sidewalk. Except as provided in
ss. 346.94 (18) (a) 2. and
349.236 (1) (b), a person may operate an electric personal assistive mobility device upon any sidewalk. Every person operating an electric personal assistive mobility device upon a sidewalk shall yield the right-of-way to any pedestrian or bicyclist and shall exercise due care and give an audible signal when passing a bicycle or other electric personal assistive mobility device or a pedestrian proceeding in the same direction.
346.805 History
History: 2001 a. 90.
346.82
346.82
Penalty for violating sections 346.77 to 346.805. 346.82(2)
(2) Any person violating
s. 346.78 or
346.79 (4) 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.
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 may be engaged or occupied with an activity, other than driving the vehicle, that interferes or reasonably appears to interfere with the person's ability to drive the vehicle safely.
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(5)
(5) Subject to
subs. (3) and
(6), no person while driving a motor vehicle, other than an authorized emergency vehicle, a commercial motor vehicle described in
s. 340.01 (8), or a tow truck, may operate or be in a position to directly observe any electronic device located within the vehicle that is activated and that is providing entertainment primarily by visual means. This subsection does not prohibit a person from using a cellular telephone for purposes of verbal communication.
346.89(6)
(6) Subsection (5) does not apply to any of the following:
346.89(6)(b)
(b) The display by any device of information related to the operation, navigation, condition, radio, or safety of the vehicle or that is intended to be used to enhance the driver's view forward, behind, or to the sides of a motor vehicle.
346.89(6)(c)
(c) The display by any device of information related to traffic, road, or weather conditions.
346.89(6)(d)
(d) Any device in a vehicle that permits the vehicle driver to monitor vehicle occupants seated rearward of the driver.
346.89(6)(e)
(e) Any device installed or mounted, either permanently or temporarily, in the vehicle that, with respect to the vehicle operator, functions as provided in
par. (a),
(b),
(c), or
(d) while simultaneously providing entertainment visible only from passenger seats of the vehicle.
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.
