347.48(2m)(d)
(d) If a motor vehicle is required to be equipped with safety belts in this state, no person who is at least 8 years old and who is seated at a designated seating position in the front seat required under
49 CFR 571 to have a safety belt installed or at a designated seating position in the seats, other than the front seats, for which a safety belt is required to be installed may be a passenger in that motor vehicle unless the person is properly restrained.
347.48(2m)(dm)
(dm) Paragraphs (b),
(c) and
(d) do not apply to the operation of an authorized emergency vehicle by a law enforcement officer or other authorized operator under circumstances in which compliance could endanger the safety of the operator or another.
347.48(2m)(dr)
(dr) Paragraph (b) does not apply to the operator of a vehicle while on a route which requires the operator to make more than 10 stops per mile involving an exit from the vehicle in the scope of his or her employment.
Paragraphs (c) and
(d) do not apply to a passenger while on a route which requires the passenger to make more than 10 stops per mile involving an exit from the vehicle in the scope of his or her employment.
347.48(2m)(e)
(e) The department shall, by rule, exempt from the requirements under
pars. (b) to
(d) persons who, because of a physical or medical condition, cannot be properly restrained in a safety belt.
347.48 Cross-reference
Cross-reference: See also ch.
Trans 315, Wis. adm. code.
347.48(2m)(f)1.1. This subsection does not apply if the motor vehicle is a taxicab or is not required to be equipped with safety belts under
sub. (1) or
49 CFR 571.
347.48(2m)(f)2.
2. This subsection does not apply to a privately owned motor vehicle while being operated by a rural letter carrier for the delivery of mail or while being operated by a delivery person for the delivery of newspapers or periodicals.
347.48(2m)(f)3.
3. This subsection does not apply to a motor vehicle while being operated by a land surveying crew while conducting a land survey along or upon the highway.
347.48(2m)(f)7.
7. This subsection does not apply to a farm truck or dual purpose farm truck while being used in conjunction with the planting or harvesting of crops and not being operated upon the highway.
347.48(2m)(g)
(g) Evidence of compliance or failure to comply with
par. (b),
(c) or
(d) is admissible in any civil action for personal injuries or property damage resulting from the use or operation of a motor vehicle. Notwithstanding
s. 895.045, with respect to injuries or damages determined to have been caused by a failure to comply with
par. (b),
(c) or
(d), such a failure shall not reduce the recovery for those injuries or damages by more than 15%. This paragraph does not affect the determination of causal negligence in the action.
347.48(2m)(gm)
(gm) A law enforcement officer may not take a person into physical custody solely for a violation of this subsection or
sub. (1) or
(2) or a local ordinance in conformity with this subsection,
sub. (1) or
(2) or rules of the department.
347.48(3m)
(3m) Safety belt information program. The department shall develop and administer a public information program to promote safety belt awareness and use.
347.48(4)
(4) Child safety restraint systems required; standards; exemptions. 347.48(4)(ag)1.
1. "Child booster seat" means a child passenger restraint system that meets the applicable federal standards under
49 CFR 571.213 and is designed to elevate a child from a vehicle seat to allow the vehicle's safety belt to be properly positioned over the child's body.
347.48(4)(ag)3.a.
a. With respect to
par. (as) 1. and
2., fastened in a manner prescribed by the manufacturer of the child safety restraint system which permits the system to act as a body restraint but does not include a system in which the only body restraint is a safety belt of the type required under
sub. (1).
347.48(4)(ag)3.b.
b. With respect to
par. (as) 3., wearing a safety belt consisting of a combination lap belt and shoulder harness approved by the department under
sub. (2) and fastened in a manner prescribed by the manufacturer of the safety belt so that the safety belt properly fits across the child's lap and the center of the child's chest in a manner appropriate to the child's height, weight, and age that permits the safety belt to act as a body restraint.
347.48(4)(ag)3.c.
c. With respect to
par. (as) 4., fastened in a manner prescribed by the manufacturer of the system which permits the system to act as a body restraint.
347.48(4)(am)
(am) No person may transport a child under the age of 8 in a motor vehicle unless the child is restrained in compliance with
par. (as) in a safety restraint system that is appropriate to the child's age and size and that meets the standards established by the department under this paragraph. The department shall, by rule, establish standards in compliance with applicable federal standards, including standards under
49 CFR 571.213, for child safety restraint systems.
347.48(4)(as)
(as) A child under the age of 8 years who is being transported in a motor vehicle shall be restrained as follows:
347.48(4)(as)1.
1. If the child is less than one year old or weighs less than 20 pounds, the child shall be properly restrained in a rear-facing child safety restraint system, positioned at a designated seating position in a back passenger seat of the vehicle if the vehicle is equipped with a back passenger seat.
347.48(4)(as)2.
2. Subject to
subd. 1., if the child is at least one year old and weighs at least 20 pounds but is less than 4 years old or weighs less than 40 pounds, the child shall be properly restrained as provided in
subd. 1. or properly restrained in a forward-facing child safety restraint system, positioned at a designated seating position in a back passenger seat of the vehicle if the vehicle is equipped with a back passenger seat.
347.48(4)(as)3.
3. Subject to
subds. 1. and
2., if the child is at least 4 years old but less than 8 years old, weighs at least 40 pounds but not more than 80 pounds, and is not more than 57 inches in height, the child shall be properly restrained as provided in
subd. 2. or properly restrained in a child booster seat.
347.48(4)(as)4.
4. Subject to
subds. 1. to
3., if the child is less than 8 years old, the child shall be properly restrained as provided in
subds. 1. to
3. or properly restrained in a safety belt approved by the department under
sub. (2).
347.48(4)(b)
(b) The department may, by rule, exempt from the requirements under
pars. (am) and
(as) any child who because of a physical or medical condition or body size cannot be placed in a child safety restraint system, child booster seat, or safety belt.
347.48(4)(c)
(c) This subsection does not apply if the motor vehicle is a motor bus, school bus, taxicab, moped, motorcycle or is not required to be equipped with safety belts under
sub. (1) or
49 CFR 571.
347.48(4)(d)
(d) Evidence of compliance or failure to comply with
pars. (am) and
(as) is admissible in any civil action for personal injuries or property damage resulting from the use or operation of a motor vehicle but failure to comply with
pars. (am) and
(as) does not by itself constitute negligence.
347.48 Annotation
"Seat belt negligence" and "passive negligence" are distinguished. Jury instructions regarding seat belts are recommended. A method for apportioning damages in seat belt negligence cases is adopted. Foley v. City of West Allis,
113 Wis. 2d 475,
335 N.W.2d 824 (1983).
347.48 Annotation
A common law action for contribution may not be brought against a person who violates sub. (2m) (g). Gaertner v. Holcka,
219 Wis. 2d 436,
580 N.W.2d 271 (1998),
96-2726.
347.48 Annotation
A statute requiring the wearing of seat belts in motor vehicles would be constitutional. 58 Atty. Gen. 241.
347.48 Annotation
The seat belt defense — state of the law. Kircher, 53 MLR 172.
347.48 Annotation
The seat belt defense — the trial lawyer's view. Bowman, 53 MLR 191.
347.48 Annotation
Practical defense problems — the expert's view. Huelke, 53 MLR 203.
347.48 Annotation
The seat belt as a cause of injury. Snyder, 53 MLR 211.
347.485
347.485
Protective headgear for use on Type 1 motorcycles. 347.485(1)(a)(a) No person who holds an instructional permit under
s. 343.07 (4) or who is under 18 years of age may operate or ride upon a Type 1 motorcycle on any highway unless the person is wearing protective headgear of a type which meets the standards established for motorcycle operation in
49 CFR 571.218 and the chin strap is properly fastened.
347.485(1)(am)
(am) No person may operate a Type 1 motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear.
347.485(1)(b)
(b) No person may sell or offer for sale any protective headgear for use by a driver or passenger on a Type 1 motorcycle, not meeting the standards established for motorcycle operation in
49 CFR 571.218.
347.485(2)(a)(a) No person may operate a motorcycle on any highway without wearing any of the following eye protection:
347.485(2)(b)
(b) Except for photosensitive corrective glasses prescribed by an ophthalmologist, physician, oculist or optometrist, eye protection worn during hours of darkness may not be tinted or darkened.
347.485(2)(c)
(c) Notwithstanding
par. (a), if the motorcycle is a Type 2 motorcycle equipped with a windshield or a Type 1 motorcycle equipped with a windshield that rises a minimum of 15 inches above the handlebar, the use of other eye protective devices is not mandatory.
347.485(2)(d)
(d) This subsection shall not apply to persons operating a motorcycle in a parade sanctioned by the local municipality.
347.485(3)
(3) No person may rent, lease or loan a Type 1 motorcycle to another unless he or she has ascertained that such party has the required eye protection and, if the party holds an instructional permit under
s. 343.07 (4) or is under 18 years of age, that the party has the required protective headgear for operating the Type 1 motorcycle.
347.485(4)
(4) Every person in the Type 1 motorcycle rental business shall have clean, usable protective headgear for rent in sufficient quantity to care for the needs of all customers.
347.485 Annotation
Three-wheeled trucks and automobiles, golf carts, and other special purpose vehicles such as street sweepers, industrial fork-lifts, and motorized wheelbarrows are not motorcycles, and operators are not subject to this section. 58 Atty. Gen. 17.
347.486
347.486
General requirements. 347.486(1)
(1) No person may operate a Type 1 motorcycle if the handlegrips of the handlebars rise more than 30 inches above the lowest point of the top of the driver's seat when the seat is occupied.
347.486(2)
(2) No person may operate a Type 1 motorcycle with an improvised, defective or repaired handlebar.
347.486(3)
(3) No person may operate a motorcycle without a functioning muffler.
347.487
347.487
Seating requirements. Except as provided in
s. 346.595 (3m), no more than 2 persons may ride on a Type 1 motorcycle during operation, and then only if the vehicle is equipped and designed with adequate seats and foot rests or pegs. Foot rests or pegs shall be mounted in accordance with manufacturer's specifications. In the absence of manufacturer's specifications, foot rests or pegs for the passenger shall be located on the same horizontal plane as those of the operator.
347.487 History
History: 1983 a. 243;
1985 a. 65.
347.488
347.488
Moped equipment. No person may operate a moped unless:
347.488(1)
(1) The moped complies with all federal emission, equipment and safety standards applicable at the time of manufacture;
347.488(2)
(2) None of the original equipment installed on the moped by the manufacturer has been replaced with equipment of lesser performance characteristics; and
347.488(3)
(3) The performance characteristics of the moped have not been altered so as to enable it to exceed the maximum design speed authorized for a moped under
s. 340.01 (29m).
347.488 History
History: 1977 c. 288.
347.489
347.489
Lamps and other equipment on bicycles, motor bicycles, and electric personal assistive mobility devices. 347.489(1)(1) No person may operate a bicycle, motor bicycle, or electric personal assistive mobility device upon a highway, sidewalk, bicycle lane, or bicycle way during hours of darkness unless the bicycle, motor bicycle, or electric personal assistive mobility device is equipped with or, with respect to a bicycle or motor bicycle, the operator is wearing, a lamp emitting a white light visible from a distance of at least 500 feet to the front of the bicycle, motor bicycle, or electric personal assistive mobility device. A bicycle, motor bicycle, or electric personal assistive mobility device shall also be equipped with a red reflector that has a diameter of at least 2 inches of surface area or, with respect to an electric personal assistive mobility device, that is a strip of reflective tape that has at least 2 square inches of surface area, on the rear so mounted and maintained as to be visible from all distances from 50 to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in lieu of the red reflector.
347.489(2)
(2) No person may operate a bicycle, motor bicycle, or electric personal assistive mobility device upon a highway, bicycle lane, or bicycle way unless it is equipped with a brake in good working condition, adequate to control the movement of and to stop the bicycle, motor bicycle, or electric personal assistive mobility device whenever necessary.
347.489(3)
(3) No bicycle, motor bicycle, or electric personal assistive mobility device may be equipped with nor may any person riding upon a bicycle, motor bicycle, or electric personal assistive mobility device use any siren or compression whistle.
347.49
347.49
Equipment of vehicles transporting flammable liquids. 347.49(1)(1) In this section, "flammable liquid" means any gasoline, naphtha, benzine, fuel oil, crude oil, kerosene or other liquid which has a flashpoint of 80
° F. or less as determined by a Tagliabue or equivalent closed-cup test device.
347.49(2)
(2) No person shall transport in or on any motor vehicle, trailer or semitrailer upon a highway any flammable liquid except by tank mounted on or attached to or structurally a part of such motor vehicle, trailer or semitrailer and which is plainly marked to show that flammable liquids are being transported therein.
347.49(3)
(3) This section does not apply to transportation of flammable liquids as freight only by the consumer from the place of purchase to the place of consumption if such liquids are transported in drums or other containers having a capacity of not more than 100 gallons each and if the total amount of such liquids so transported in any one vehicle or combination of vehicles does not exceed 500 gallons.
347.50(1m)
(1m) Any person violating
s. 347.385 (5) may be fined not more than $10,000 or imprisoned for not more than one year in the county jail, or both, for each violation.
347.50(1s)
(1s) Any person violating
s. 347.413 (1) or
347.417 (1) may be fined not less than $150 nor more than $600, or may be imprisoned for not more than 6 months, or both for the first offense. For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000, or imprisoned for not more than 6 months, or both.
347.50(1t)
(1t) In addition to the penalty under
sub. (1s), if a person who is subject to an order under
s. 343.301 violates
s. 347.413, the court shall extend the order under
s. 343.301 (1g) or
(2m) for 6 months for each violation.
347.50(2)
(2) Any person violating
s. 347.415 (1m),
(2), and
(3) to
(5) or
347.475 may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.
347.50(2m)(b)
(b) No forfeiture may be assessed for a violation of
s. 347.48 (2m) (d) if the violator is less than 16 years of age when the offense occurs.
347.50(3)(a)(a) Any person violating
s. 347.48 (4) (am) may be required to forfeit not less than $30 nor more than $75 if the child is less than 4 years old.
