346.205(4)(a)(a) Within 48 hours after receiving a report containing all the information in
sub. (2), the traffic officer may prepare a uniform traffic citation under
s. 345.11 and may personally serve it upon the owner of the vehicle.
346.205(4)(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 at least 14 years of age, who shall be informed of the contents thereof.
346.205(4)(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.
346.205(5)(a)(a) Except as provided in
par. (b), it shall be no defense to a violation of this section that the owner was not operating the vehicle at the time of the violation.
346.205(5)(b)
(b) The following are defenses to a violation of this section:
346.205(5)(b)1.
1. 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.
346.205(5)(b)2.
2. If the owner of the vehicle provides a traffic officer with the name and address of the person operating the vehicle at the time of the violation and the person so named admits operating the vehicle at the time of the violation, then the person operating the vehicle and not the owner shall be charged under this section.
346.205(5)(b)3.
3. If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer with the information required under
s. 343.46 (3), then the lessee and not the lessor shall be charged under this section.
346.205(5)(b)4.
4. If the vehicle is owned by a dealer as defined in
s. 340.01 (11) (intro.) but including the persons specified in
s. 340.01 (11) (a) to
(d), and at the time of the violation the vehicle was being operated by any person on a trial run, and if the dealer provides a traffic officer with the name, address and operator's license number of the person operating the vehicle, then the person operating the vehicle, and not the dealer, shall be charged under this section.
346.21
346.21
Right-of-way of livestock. The operator of a motor vehicle shall yield the right-of-way to livestock being driven over or along any highway but any person in charge of such livestock shall use reasonable care and diligence to open the roadway for vehicular traffic.
346.21 History
History: 1993 a. 490.
346.215
346.215
Emergency vehicles operated as escorts and rights-of-way related to escorted vehicles. 346.215(2)(a)(a) Except as provided in
par. (b), and notwithstanding
s. 346.03 (1) and
(4), the operator of an emergency vehicle escorting any vehicle or procession of vehicles may exercise the privileges specified in
s. 346.03 (2) (b) if the operator of the emergency vehicle is giving visual signal as described in
s. 346.03 (3). The operator of the emergency vehicle under this subsection is not required to give an audible signal as described in
s. 346.03 (3). This subsection applies only if the vehicle, or in the case of a procession of vehicles the entire procession, is escorted by at least 2 emergency vehicles, at least one of which is leading the vehicle or procession of vehicles and at least one of which is at the rear of the vehicle or procession of vehicles, and only if the requirement under
sub. (4) is satisfied. Notwithstanding
ss. 346.18 (3),
346.37 (1) (c) 1., and
346.46 (1) and
(2), any operator of a vehicle being escorted under this subsection may accompany these emergency vehicles as they proceed past any red or stop signal or stop sign in accordance with the privileges specified in this subsection.
346.215(2)(b)
(b) The operator of an emergency vehicle escorting a vehicle or procession of vehicles, and the operator of any vehicle being escorted, shall yield the right-of-way in accordance with
s. 346.19 upon the approach of an authorized emergency vehicle giving an audible signal by siren.
346.215(3)
(3) Except as provided in
sub. (2) (b), the operator of a vehicle other than an escorted vehicle or escorting emergency vehicle shall yield the right-of-way at an intersection to an escorted vehicle or escorting emergency vehicle and shall not, except when authorized to do so by a traffic officer, drive between these escorting and escorted vehicles.
346.215(4)
(4) The privileges specified in
sub. (2) (a) do not apply to the operator of an emergency vehicle unless, prior to escorting any vehicle as provided under
sub. (2) (a), the employer of the operator of the emergency vehicle has provided written guidelines for its employees regarding the escorting of vehicles under this section.
346.215 History
History: 2009 a. 46;
2013 a. 313.
346.22
346.22
Penalty for violating sections 346.18 to 346.21. 346.22(1)(a)(a) Except as provided in
par. (b),
(c),
(d), or
(e), any person violating
s. 346.18,
346.20 (1), or
346.215 (2) (b) or
(3) may be required to forfeit not less than $20 nor more than $50 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.
346.22(1)(b)
(b) If an operator of a vehicle violates
s. 346.18 (6) where persons engaged in work in a highway maintenance or construction area or in a utility work area are at risk from traffic, any applicable minimum and maximum forfeiture specified in
par. (a),
(c),
(d), or
(e) for the violation shall be doubled.
346.22(1)(c)
(c) If a person violates
s. 346.18 and the violation results in bodily harm, as defined in
s. 939.22 (4), to another, the person shall forfeit $200.
346.22(1)(d)
(d) If a person violates
s. 346.18 and the violation results in great bodily harm, as defined in
s. 939.22 (14), to another, the person shall forfeit $500.
346.22(1)(e)
(e) If a person violates
s. 346.18 and the violation results in death to another, the person shall forfeit $1,000.
346.22(3)
(3) Any person violating
s. 346.20 (2),
(3) or
(4) (b) or
(c) or
346.21 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.
346.22(3m)
(3m) A vehicle owner or other person found liable under
s. 346.195 may be required to forfeit not less than $30 nor more than $300. Imposition of liability under
s. 346.195 shall not result in suspension or revocation of a person's operating license under
s. 343.30, and shall not result in demerit points being recorded on a person's driving record under
s. 343.32 (2) (a).
346.22(4)
(4) A vehicle owner or other person found liable under
s. 346.205 may be required to forfeit not less than $20 nor more than $50 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year. Imposition of liability under
s. 346.205 shall not result in suspension or revocation of a person's operating license under
s. 343.30, nor shall it result in demerit points being recorded on a person's driving record under
s. 343.32 (2) (a).
RESPECTIVE RIGHTS AND DUTIES OF DRIVERS, PEDESTRIANS, BICYCLISTS, AND RIDERS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
346.23
346.23
Crossing controlled intersection or crosswalk. 346.23(1)(1) At an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person who is riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who has started to cross the highway on a green signal or a pedestrian signal authorizing crossing and in all other cases pedestrians, bicyclists, and riders of electric personal assistive mobility devices shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a green signal. No operator of a vehicle proceeding ahead on a green signal may begin a turn at a controlled intersection or crosswalk when a pedestrian, bicyclist, or rider of an electric personal assistive mobility device crossing in the crosswalk on a green signal or a pedestrian signal authorizing crossing would be endangered or interfered with in any way. The rules stated in this subsection are modified at intersections or crosswalks on divided highways or highways provided with safety zones in the manner and to the extent stated in
sub. (2).
346.23(2)
(2) At intersections or crosswalks on divided highways or highways provided with safety zones where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, bicyclist, or rider of an electric personal assistive mobility device who has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or a safety zone with the green signal or a pedestrian signal authorizing crossing in the favor of the pedestrian, bicyclist, or rider of an electric personal assistive mobility device.
346.23 Annotation
The rules for pedestrian right-of-way are different in this section and s. 346.24, In order for the motorist to have a duty to yield under s. 346.24, the pedestrian must be crossing within the crosswalk and not have entered in such a manner as to make it difficult for the motorist to yield. The requirements under this section, however, are that the pedestrian be crossing or have started to cross on a “Walk" light. The burden on the motorist is more absolute under this section than under s. 346.24. Schoenauer v. Wendinger,
49 Wis. 2d 415,
182 N.W.2d 441 (1971).
346.23 Annotation
Pedestrians have the right-of-way on a green light only where there are no pedestrian control signals. City of Hartford v. Godfrey,
92 Wis. 2d 815,
286 N.W.2d 10 (Ct. App. 1979).
346.24
346.24
Crossing at uncontrolled intersection or crosswalk. 346.24(1)(1) At an intersection or crosswalk where traffic is not controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian, or to a person riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, who is crossing the highway within a marked or unmarked crosswalk.
346.24(2)
(2) No pedestrian, bicyclist, or rider of an electric personal assistive mobility device shall suddenly leave a curb or other place of safety and walk, run, or ride into the path of a vehicle which is so close that it is difficult for the operator of the vehicle to yield.
346.24(3)
(3) Whenever any vehicle is stopped at an intersection or crosswalk to permit a pedestrian, bicyclist, or rider of an electric personal assistive mobility device to cross the roadway, the operator of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
346.24 History
History: 1985 a. 69;
2001 a. 90.
346.24 Annotation
The rules for pedestrian right-of-way are different in this section and s. 346.23, In order for the motorist to have a duty to yield under s. 346.23, the pedestrian must be crossing within the crosswalk and not have entered in such a manner as to make it difficult for the motorist to yield. The requirements under this section, however, are that the pedestrian be crossing or have started to cross on a “Walk" light. The burden on the motorist is more absolute under this section than under s. 346.23. Schoenauer v. Wendinger,
49 Wis. 2d 415,
182 N.W.2d 441 (1971).
346.25
346.25
Crossing at place other than crosswalk. Every pedestrian, bicyclist, or rider of an electric personal assistive mobility device crossing a roadway at any point other than within a marked or unmarked crosswalk shall yield the right-of-way to all vehicles upon the roadway.
346.25 History
History: 1985 a. 69;
2001 a. 90.
346.25 Annotation
Section 891.44 provides an exception to this section and the standard instruction is not to be given when the pedestrian is a child under 7. Thoreson v. Milwaukee & Suburban Transport Corp.
56 Wis. 2d 231,
201 N.W.2d 745 (1972).
346.25 Annotation
This section does not apply to bicyclists operating on the roadway and only applies to bicyclists acting as pedestrians by operating on sidewalks and within crosswalks. Chernetski v. American Family Mutual Insurance Co.
183 Wis. 2d 68,
515 N.W.2d 283 (Ct. App. 1994)
346.26
346.26
Blind pedestrian on highway. 346.26(1)
(1) An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian who is carrying a cane or walking stick which is white in color or white trimmed with red and which is held in an extended or raised position or who is using a service animal, as defined in
s. 106.52 (1) (fm), and shall take such precautions as may be necessary to avoid accident or injury to the pedestrian. The fact that the pedestrian may be violating any of the laws applicable to pedestrians does not relieve the operator of a vehicle from the duties imposed by this subsection.
346.26(2)
(2) Nothing in this section shall be construed to deprive any totally or partially blind person not carrying the white or the red and white cane or walking stick or not using a service animal, as defined in
s. 106.52 (1) (fm), of the rights of other pedestrians crossing highways, nor shall the failure of such totally or partially blind pedestrian to carry such cane or walking stick or to use a service animal be evidence of any negligence.
346.26(3)
(3) No person who is not totally or partially blind shall carry or use on any street, highway or other public place any cane or walking stick which is white in color, or white trimmed with red.
346.26 History
History: 1977 c. 302;
2005 a. 354.
346.27
346.27
Persons working on highway. The operator of a vehicle shall yield the right-of-way to persons engaged in maintenance or construction work on a highway whenever the operator is notified of their presence by flagmen or warning signs.
346.27 History
History: 1991 a. 316;
1993 a. 490.
346.28
346.28
Pedestrians to walk on left side of highway; pedestrians, bicyclists, and riders of electric personal assistive mobility devices on sidewalks. 346.28(1)
(1) Any pedestrian traveling along and upon a highway other than upon a sidewalk shall travel on and along the left side of the highway and upon meeting a vehicle shall, if practicable, move to the extreme outer limit of the traveled portion of the highway.
346.28(2)
(2) Operators of vehicles shall yield the right-of-way to pedestrians, bicyclists, and riders of electric personal assistive mobility devices on sidewalks as required by
s. 346.47.
346.29
346.29
When standing or loitering in roadway or highway prohibited. 346.29(1)(1) No person shall be on a roadway for the purpose of soliciting a ride from the operator of any vehicle other than a public passenger vehicle.
346.29(2)
(2) No person shall stand or loiter on any roadway other than in a safety zone if such act interferes with the lawful movement of traffic.
346.29(3)
(3) No person shall be on a bridge or approach thereto for the purpose of utilizing such bridge or approach for fishing or swimming when signs have been erected by the authority in charge of maintenance of the highway indicating that fishing or swimming off of such bridge or approach is prohibited.
346.30
346.30
Penalty for violating sections 346.23 to 346.29. 346.30(1)(a)(a) Any pedestrian violating
s. 346.23,
346.24 (2),
346.25,
346.28 or
346.29 may be required to forfeit not less than $2 nor more than $20 for the first offense and not less than $10 nor more than $50 for the 2nd or subsequent conviction within a year.
346.30(1)(b)1.1. Unless otherwise provided in
subd. 2., any operator of a vehicle violating
s. 346.23 or
346.28 may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.
346.30(1)(b)2.
2. Any operator of a bicycle or electric personal assistive mobility device violating
s. 346.23,
346.24 or
346.25 may be required to forfeit not more than $20.
346.30(2)
(2) Unless otherwise provided in
sub. (1) (b) 2., any person violating
s. 346.24 (1) or
(3) may be required to forfeit not less than $30 nor more than $300.
346.30(3)
(3) Any person violating
s. 346.26 may be required to forfeit not less than $25 nor more than $200 for the first offense and may be required to forfeit not less than $50 nor more than $500 for the 2nd or subsequent conviction within a year.
346.30(4)
(4) Any person violating
s. 346.27 may be required to forfeit not less than $60 nor more than $600.
TURNING AND STOPPING AND REQUIRED SIGNALS
346.31
346.31
Required position and method of turning at intersections. 346.31(1)(1)
Turns indicated by pavement markings. Where state or local authorities have placed pavement markings or signs within or adjacent to an intersection directing traffic turning at such intersection to follow a particular course, the operator of a vehicle turning at such intersection shall comply with such directions. In the absence of such pavement markings or signs, the operator of a vehicle intending to turn at an intersection shall do as provided in
subs. (2) to
(4).
346.31(2)
(2) Right turns. Both the approach for a right turn and the right turn shall be made as closely as practicable to the right-hand edge or curb of the roadway. If, because of the size of the vehicle or the nature of the intersecting roadway, the turn cannot be made from the traffic lane next to the right-hand edge of the roadway, the turn shall be made with due regard for all other traffic.
346.31(3)
(3) Left turns and U-turns. Except as otherwise provided in
sub. (4), left turns at intersections shall be made as follows:
346.31(3)(a)
(a) The approach for a left turn or U-turn shall be made in the lane farthest to the left which is lawfully available to traffic moving in the direction of travel of the vehicle about to turn left. Unless otherwise marked or posted, this means the lane immediately to the right of the center line or center dividing strip of a 2-way highway and the lane next to the left-hand curb or edge of the roadway of a one-way highway.
346.31(3)(b)
(b) The intersection shall be entered in the lane of approach and, whenever practicable, the left turn or U-turn shall be made in that portion of the intersection immediately to the left of the center of the intersection. For the purposes of this paragraph, a divided highway intersected by any other highway is considered to be one intersection.
346.31(3)(c)
(c) A left turn shall be completed so as to enter the intersecting highway in that lane farthest to the left which is lawfully available to traffic moving in the direction of the vehicle completing the left turn. Unless otherwise marked or posted, this means the lane immediately to the right of the center line or center dividing strip of a 2-way highway and the lane next to the left-hand curb or edge of the roadway of a one-way highway.
346.31(4)
(4) Left turns and U-turns on 3-lane highways. On a 2-way highway having an uneven number of lanes the approach for a left turn or U-turn shall be made in the center lane, unless otherwise posted or marked. A left turn into a 2-way highway having an uneven number of lanes shall be made so as to enter the highway in the lane immediately to the right of the center lane.
346.31 History
History: 2009 a. 97;
2015 a. 124.
346.32
346.32
Required position for turning into private road or driveway. The operator of a vehicle on a highway who intends to turn into a private road or driveway shall make the approach for the turn in the same manner as specified in
s. 346.31 for vehicles making an approach for a right or left turn at an intersection. If, because of the size of the vehicle or the nature of the intersecting private road or driveway, the turn cannot be made from the specified lane of approach, the turn shall be made with due regard for all other traffic.
