23.335(7)(a)3.
3. Rent or lease a limited use off-highway motorcycle without first ascertaining that any person under the age of 18 who will be on the vehicle has protective headgear of the type required under
s. 347.485 (1) (a).
23.335(7)(b)
(b) A person who is engaged in the rental or leasing of limited use off-highway motorcycles to the public shall have clean, usable protective headgear available for rent in sufficient quantity to provide headgear to all persons under the age of 18 who will be on the limited use off-highway motorcycles that the person rents or leases.
23.335(7)(c)
(c) The department may promulgate rules to establish minimum standards for the instruction given under
par. (a) 1.
23.335(8)(a)(a)
Off highway. No person may operate an off-highway motorcycle on an off-highway motorcycle corridor, or be a passenger on an off-highway motorcycle that is being operated on an off-highway motorcycle corridor, without wearing protective headgear of the type required under
s. 347.485 (1) (a), with the chin strap properly fastened, unless one of the following applies:
23.335(8)(a)2.
2. The person is traveling for the purpose of hunting or fishing and is at least 12 years of age.
23.335(8)(a)3.
3. The off-highway motorcycle is being operated for an agricultural purpose.
23.335(8)(b)
(b)
On highway. No person may operate a limited use off-highway motorcycle on an off-highway motorcycle route or in an area where operation is authorized under
sub. (10) (a) or
(11) (a), or be a passenger on an off-highway motorcycle that is being operated on such a route or in such an area, without wearing protective headgear of the type required under
s. 347.485 (1) (a), with the chin strap properly fastened, unless the person is at least 18 years of age.
23.335(8)(c)
(c)
On corridors and routes. No person may operate or be a passenger on an off-highway motorcycle that is being operated on an off-highway motorcycle corridor or on an off-highway motorcycle route without wearing glasses, wearing goggles, or wearing a protective face shield that is attached to headgear approved by the department.
23.335(9)(a)(a) No person who is operating an off-highway motorcycle off a highway may do any of the following:
23.335(9)(a)1.
1. Operate the off-highway motorcycle in any careless way so as to endanger another person or the property of another.
23.335(9)(a)2.
2. Operate the off-highway motorcycle at a rate of speed that is unreasonable under the circumstances.
23.335(9)(a)3.
3. Operate the off-highway motorcycle on private property without the consent of the owner or lessee. Failure to post private property does not imply consent for off-highway motorcycle use.
23.335(9)(a)4.
4. Operate the off-highway motorcycle on public property that is posted as closed to off-highway motorcycle operation or on which the operation of an off-highway motorcycle is prohibited by law.
23.335(9)(a)5.
5. Operate the off-highway motorcycle on Indian lands without the consent of the tribal governing body or Indian owner. Failure to post Indian lands does not imply consent for off-highway motorcycle use.
23.335(9)(a)6.
6. Operate the off-highway motorcycle at a speed exceeding 10 miles per hour, if the off-highway motorcycle is within 100 feet of a fishing shanty.
23.335(9)(a)7.
7. Operate the off-highway motorcycle at a speed exceeding 10 miles per hour, if the off-highway motorcycle is within 150 feet of a dwelling. The speed limit specified in this subsection does not apply to a person operating an off-highway motorcycle on a roadway that is designated as an off-highway motorcycle route.
23.335(9)(a)8.
8. Operate the off-highway motorcycle on the frozen surface of public waters or on an off-highway motorcycle trail at a speed exceeding 10 miles per hour or without yielding the right-of-way when within 100 feet of another person who is not operating a motor vehicle, an all-terrain vehicle, a utility terrain vehicle, an off-highway motorcycle, or a snowmobile.
23.335(9)(a)9.
9. Operate the off-highway motorcycle to drive or pursue any animal except as part of normal farming operations involving livestock.
23.335(9)(a)10.
10. Operate the off-highway motorcycle in a manner which violates rules promulgated by the department. This subdivision does not authorize the department to promulgate or enforce a rule that imposes a speed restriction that is more stringent than a speed restriction specified under this paragraph.
23.335(9)(b)
(b) The speed restrictions under
par. (a) 6. and
8. do not apply to a race or derby sponsored by a local governmental unit, by an off-highway motorcycle association, or by a similar organization that is approved by a local governmental unit if the sponsor of the race or derby marks the race or derby route or track to warn spectators from entering the route or track.
23.335(9)(c)1.1. The distance restriction under
par. (a) 8. does not apply to persons who are assisting in directing a race or derby sponsored by a local governmental unit, by an off-highway motorcycle association, or by a similar organization that is approved by a local governmental unit.
23.335(9)(c)2.
2. The distance restriction under
par. (a) 8. does not apply if the person who is not operating the motor vehicle, all-terrain vehicle, utility terrain vehicle, off-highway motorcycle, or snowmobile gives his or her consent to have the person operating the off-highway motorcycle at a closer distance.
23.335(10)
(10) Operation on highways; limited use motorcycles. 23.335(10)(a)(a) Generally. No person may operate a limited use off-highway motorcycle on the roadway portion of any highway unless one of the following applies:
23.335(10)(a)1.
1. Operation on the roadway is necessary to cross the roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the limited use off-highway motorcycle prior to entering the crossing and yields the right-of-way to any other vehicles, pedestrians, or electric personal assistive mobility devices that are using the roadway.
23.335(10)(a)2.
2. Operation on the roadway is necessary to cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to off-highway motorcycle traffic. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the limited use off-highway motorcycle prior to entering the crossing and yields the right-of-way to any other vehicles, pedestrians, or electric personal assistive mobility devices that are using the roadway.
23.335(10)(a)2m.
2m. Operation is on the roadway or shoulder for the purpose of crossing a bridge that is 1,000 feet in length or less if the operation is in compliance with a county ordinance adopted under
sub. (21) (am) that applies to that bridge and a city, village, or town ordinance adopted under
sub. (21) (am) that applies to that bridge.
23.335(10)(a)3.
3. Operation is on a roadway which is not maintained, or is only minimally maintained, on a seasonal basis for motor vehicle traffic. Such operation is authorized only during the seasons when no maintenance occurs and only if the roadway is not officially closed to off-highway motorcycle traffic.
23.335(10)(a)4.
4. Operation is on a roadway that is an off-highway motorcycle route. Such operation is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.
23.335(10)(a)5.
5. The operator of the limited use off-highway motorcycle is a person who holds a Class A permit or a Class B permit under
s. 29.193 (2) and who is traveling for the purpose of hunting or is otherwise engaging in an activity authorized by the permit.
23.335(10)(a)6.
6. The limited use off-highway motorcycle is registered for private use under
sub. (3) and is being used exclusively as an implement of husbandry or for agricultural purposes. Such operation is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.
23.335(10)(a)7.
7. The roadway part of the highway is blocked off for a special off-highway motorcycle event as authorized under
par. (b).
23.335(10)(b)
(b)
Off-highway motorcycle events. A local governmental unit may block off highways under its jurisdiction for the purpose of allowing special off-highway motorcycle events. No state trunk highway or connecting highway, or part thereof, may be blocked off by any local governmental unit for any off-highway motorcycle event. A local governmental unit shall notify the local police department and the county sheriff's office at least one week in advance of the time and place of any off-highway motorcycle event that may result in any street, or part thereof, of the local governmental unit being blocked off.
23.335(10)(c)
(c)
Freeways. No person may operate a limited use off-highway motorcycle on any part of any freeway which is a part of the federal system of interstate and defense highways under any circumstances. No person may operate a limited use off-highway motorcycle on any part of any other freeway unless the department of transportation authorizes the use of limited use off-highway motorcycles on that freeway.
23.335(11)(a)1.1. A person may operate an off-highway motorcycle adjacent to a roadway of a city, village, or town highway that is designated as an off-highway motorcycle route or an off-highway motorcycle trail without any restriction on how close the off-highway motorcycle is to the roadway.
23.335(11)(a)2.
2. A person may operate an off-highway motorcycle adjacent to a roadway of a U.S. numbered highway, a state highway, or a county highway that is designated an off-highway motorcycle route or an off-highway motorcycle trail provided that the operation occurs at a distance of 10 or more feet from the roadway or such greater distance as is reasonably necessary in order to avoid an obstruction. Travel on the median of a divided highway is prohibited except to cross.
23.335(11)(b)1.1. Except as provided in
subd. 2., a person may operate an off-highway motorcycle on an off-highway motorcycle route or off-highway motorcycle trail adjacent to a roadway only in the same direction as motor vehicle traffic in the nearest lane.
23.335(11)(b)2.
2. A person may operate the off-highway motorcycle in either direction if any of the following applies:
23.335(11)(b)2.a.
a. The off-highway motorcycle is being operated during hours of daylight.
23.335(11)(b)2.b.
b. The off-highway motorcycle is being operated during hours of darkness and the off-highway motorcycle route or off-highway motorcycle trail is located at least 40 feet from the roadway or is separated from the roadway by a head lamp barrier.
23.335(11)(c)
(c)
Other limitation. A person operating an off-highway motorcycle on an off-highway motorcycle route or off-highway motorcycle trail adjacent to a roadway shall comply with the speed limits of the adjacent roadway and with rules promulgated by the department and approved by the department of transportation.
23.335(12)(a)1.1. No person may operate an off-highway motorcycle while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of the off-highway motorcycle.
23.335(12)(a)2.
2. No person may engage in the operation of an off-highway motorcycle while the person has an alcohol concentration of 0.08 or more.
23.335(12)(a)2m.
2m. No person may engage in the operation of an off-highway motorcycle while the person has a detectable amount of a restricted controlled substance in his or her blood.
23.335(12)(a)3.
3. If a person has not attained the age of 21, the person may not engage in the operation of an off-highway motorcycle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.
23.335(12)(a)4.
4. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of
subd. 1.,
2., or
2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of
subd. 1.,
2., or
2m., the offenses shall be joined. If the person is found guilty of any combination of
subd. 1.,
2., or
2m. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under
sub. (23) (c) 2. and
3. Subdivisions 1.,
2., and
2m. each require proof of a fact for conviction which the others do not require.
23.335(12)(a)5.
5. In an action under
subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
23.335(12)(b)1.1. No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an off-highway motorcycle may cause injury to another person by the operation of an off-highway motorcycle.
23.335(12)(b)2.
2. No person who has an alcohol concentration of 0.08 or more may cause injury to another person by the operation of an off-highway motorcycle.
23.335(12)(b)2m.
2m. No person who has a detectable amount of a restricted controlled substance in his or her blood may cause injury to another person by the operation of an off-highway motorcycle.
23.335(12)(b)3.
3. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of
subd. 1.,
2., or
2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of
subd. 1.,
2., or
2m. in the complaint, the crimes shall be joined under
s. 971.12. If the person is found guilty of any combination of
subd. 1.,
2., or
2m. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under
sub. (23) (c) 2. and
3. Subdivisions 1.,
2., and
2m. each require proof of a fact for conviction which the others do not require.
23.335(12)(b)4.
4. In an action under this paragraph, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and even if he or she had not been under the influence of an intoxicant to a degree which rendered him or her incapable of safe operation, did not have an alcohol concentration of 0.08 or more, or did not have a detectable amount of a restricted controlled substance in his or her blood.
23.335(12)(b)5.
5. In an action under
subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
23.335(12)(c)
(c)
Implied consent. Any person who engages in the operation of an off-highway motorcycle upon the public highways of this state, or in those areas enumerated in
par. (d), is considered to have given consent to provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis as required under
pars. (f) and
(g). Any person who engages in the operation of an off-highway motorcycle within this state is considered to have given consent to submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis as required under
pars. (f) and
(g).
23.335(12)(d)
(d)
Applicability of law. The intoxicated operation of an off-highway motorcycle law applies to all of the following:
23.335(12)(d)1.
1. The operation of an off-highway motorcycle on any off-highway motorcycle corridor or any off-highway motorcycle route.
23.335(12)(d)2.
2. The operation of any off-highway motorcycle on other premises or areas located off the highways that are held out to the public for the recreational use of off-highway motorcycles whether such premises or areas are publicly or privately owned and whether or not a fee is charged for the use of an off-highway motorcycle.
23.335(12)(d)3.
3. The operation of a limited use off-highway motorcycle on a highway as authorized under
sub. (10).
23.335(12)(d)4.
4. The operation of an off-highway motorcycle adjacent to a highway as authorized under
sub. (11).
23.335(12)(e)1.1. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated operation of an off-highway motorcycle law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.
23.335(12)(e)2.
2. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated operation of an off-highway motorcycle law or for the purpose of deciding whether or not to request a chemical test under
par. (f). Following the preliminary breath screening test, chemical tests may be required of the person under
par. (f).
23.335(12)(e)3.
3. The result of a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to show that a chemical test was properly required of a person under
par. (f).
23.335(12)(e)4.
4. There is no penalty for a violation of
subd. 1. Subsection (23) (a) and the general penalty provision under
s. 939.61 do not apply to the violation.
23.335(12)(f)1.1. A person shall provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an off-highway motorcycle law and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an off-highway motorcycle law and if he or she is requested to submit to the test by a law enforcement officer.
23.335(12)(f)2.
2. A law enforcement officer requesting a person to provide a sample or to submit to a chemical test under
subd. 1. shall inform the person of all of the following at the time of the request and prior to obtaining the sample or administering the test:
23.335(12)(f)2.b.
b. That a refusal to provide a sample or to submit to a chemical test constitutes a violation under
par. (h) and is subject to the same penalties and procedures as a violation of
par. (a) 1.
23.335(12)(f)2.c.
c. That in addition to the designated chemical test under
par. (g) 2., he or she may have an additional chemical test under
par. (g) 4.
23.335(12)(f)3.
3. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated operation of an off-highway motorcycle law, one or more chemical tests may be administered to the person without a request under
subd. 1. and without providing information under
subd. 2.
23.335(12)(g)1.1. Upon the request of a law enforcement officer, a test facility shall administer a chemical test of breath, blood, or urine for the purpose of authorized analysis. A test facility shall be prepared to administer 2 out of 3 of these tests for the purpose of authorized analysis. The department may enter into agreements for the cooperative use of test facilities.
23.335(12)(g)2.
2. A test facility shall designate one chemical test of breath, blood, or urine which it is prepared to administer first as the primary test for the purpose of authorized analysis.
23.335(12)(g)3.
3. A test facility shall designate another chemical test of breath, blood, or urine, other than the test designated under
subd. 2., which it is prepared to administer as an additional chemical test for the purpose of authorized analysis.
23.335(12)(g)4.
4. If a person is arrested for a violation of the intoxicated operation of an off-highway motorcycle law or is the operator of an off-highway motorcycle involved in an accident resulting in great bodily harm to or the death of someone and if the person is requested to provide a sample or to submit to a test under
par. (f) 1., the person may request the test facility to administer the additional chemical test specified under
subd. 3. or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis.
23.335(12)(g)5.
5. If a person is arrested for a violation of the intoxicated operation of an off-highway motorcycle law and if the person is not requested to provide a sample or to submit to a test under
par. (f) 1., the person may request the test facility to administer a chemical test of his or her breath or may request, at his or her own expense, a reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the chemical test designated under
subd. 2. or the additional chemical test designated under
subd. 3.
23.335(12)(g)6.
6. A test facility shall comply with a request under this paragraph to administer any chemical test it is able to perform.
23.335(12)(g)7.
7. The failure or inability of a person to obtain a chemical test at his or her own expense does not preclude the admission of evidence of the results of a chemical test required and administered under this paragraph or
par. (f).
