350.045 History
History: 1971 c. 277.
350.047
350.047
Local ordinance to be filed. Whenever a town, city or village adopts an ordinance designating a highway as a snowmobile route, and whenever a county, town, city or village adopts an ordinance regulating snowmobiles, its clerk shall immediately send a copy of the ordinance to the department and to the office of the law enforcement agency of the municipality and county having jurisdiction over such street or highway.
350.047 History
History: 1971 c. 277.
350.05
350.05
Operation by youthful operators restricted. 350.05(1)(1)
Persons under 12. No person under the age of 12 years may operate a snowmobile unless the person is accompanied either by a parent or guardian or by a person over 18 years of age.
350.05(2)
(2)
Persons aged 12 and older; snowmobile safety certificates and program. 350.05(2)(a)
(a) No person who is at least 12 years of age and who is born on or after January 1, 1985, may operate a snowmobile unless he or she holds a valid snowmobile safety certificate.
350.05(2)(b)
(b) Any person who is required to hold a snowmobile safety certificate while operating a snowmobile shall carry proof that the person holds a valid safety certificate and shall display such proof to a law enforcement officer on request.
350.05(2)(c)
(c) Persons enrolled in a safety certification program approved by the department may operate a snowmobile in an area designated by the instructor.
350.05(3)
(3)
Exceptions. This section does not apply to the operation of snowmobiles upon lands owned or leased by the operator's parent or guardian. As used in this section, “leased lands" does not include lands leased by an organization of which said operator or the operator's parent or guardian is a member.
350.05(4)
(4)
Definition. For purposes of this section, “accompany" means to be on the same snowmobile as the operator.
350.055
350.055
Safety certification program established. 350.055(1)(1)
The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. For each person who is under the age of 16 years, the program shall include 6 hours of classroom instruction, and the instructor may provide to the person up to 2 additional hours of instruction on a snowmobile as to how it is actually operated. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department shall establish by rule an instruction fee for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50 percent, 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.
350.055(1m)
(1m) An instructor certified by the department under sub.
(1) who conducts a snowmobile program of instruction may not allow a person enrolled in that program to operate a snowmobile as part of a field training exercise unless the snowmobile, in addition to meeting the requirements that apply to snowmobiles under this chapter, is in good working order and is equipped with a device that limits the speed of the snowmobile to 15 miles per hour.
350.055(2)
(2) A person who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.
350.055 Cross-reference
Cross-reference: See also s.
NR 19.50, Wis. adm. code.
350.07
350.07
Driving animals. No person shall drive or pursue any animal with a snowmobile, except as a part of normal farming operations involving the driving of livestock.
350.07 History
History: 1971 c. 277.
350.08
350.08
Owner permitting operation. No owner or other person having charge or control of a snowmobile may knowingly authorize or permit any person to operate the snowmobile if the person is prohibited from operating a snowmobile under s.
350.05, if the person is incapable of operating a snowmobile because of physical or mental disability or if the person is under the influence of an intoxicant.
350.09
350.09
Head lamps, tail lamps and brakes, etc. 350.09(1)(1)
Any snowmobile operated during the hours of darkness or operated during daylight hours on any highway right-of-way shall display a lighted head lamp and tail lamp.
350.09(2)
(2) After February 12, 1970, the head lamp on a snowmobile may be of the single beam or multiple beam type, but in either case shall comply with the following requirements and limitations:
350.09(2)(a)
(a) The head lamp shall be an electric head lamp and the current shall be supplied by a wet battery and electric generator, by a current-generating coil incorporated into the magneto or by a generator driven directly by the motor by means of gears, friction wheel, chain or belt.
350.09(2)(b)
(b) The head lamp shall display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of 200 feet ahead.
350.09(2)(c)
(c) If the snowmobile is equipped with a multiple beam head lamp, the upper beam shall meet the minimum requirements set forth in par.
(b) and the lower most beam shall be so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead.
350.09(2)(d)
(d) If the snowmobile is equipped with a single beam lamp, such lamp shall be so aimed that when the vehicle is loaded none of the high intensity portion of the light, at a distance of 25 feet ahead, projects higher than the level of the center of the lamp from which it comes.
350.09(3)
(3) After February 12, 1970, the tail lamp on a snowmobile must display a red light plainly visible during darkness from a distance of 500 feet to the rear.
350.09(4)
(4) Every snowmobile shall be equipped with at least one brake operated either by hand or by foot, capable of bringing the snowmobile to a stop, under normal conditions, within 40 feet when traveling at a speed of 20 miles per hour with a 150 pound driver on a level, hard-packed snow surface, or capable of locking the track on a level, hard-packed snow surface. The design shall permit simple and easy adjustment to compensate for wear. There shall be no other control linked to the brake which impairs braking operation.
350.09(5)
(5) All snowmobiles manufactured after July 1, 1972, and offered for sale or sold in this state shall be equipped with side marker reflectors meeting the visibility requirements of society of automotive engineers standards or reflex material standards in compliance with federal specifications.
350.09(8)
(8) Section
350.095 does not apply to snowmobiles competing in a sanctioned race or derby or to snowmobiles being tested by manufacturers, distributors or dealers on lands under their control.
350.09(8m)
(8m) No person may operate, offer for sale or sell a snowmobile that is manufactured after May 7, 1994, if the width of the snowmobile exceeds 48 inches.
350.09(9)
(9) All snowmobiles competing in a sanctioned race or derby shall be equipped with a device wired into the motor's electrical system that will shut off the motor if the operator falls from the snowmobile or otherwise leaves the operator's position. The device shall be capable of being attached to the body of the operator, and shall be so attached when the snowmobile is being operated.
350.09 Cross-reference
Cross-reference: See also s.
NR 6.01, Wis. adm. code.
350.09 Annotation
Operation does not include the act of sitting on a parked snowmobile with its engine off. A person was not negligent per se for failing to have the head and tail lamps illuminated on a snowmobile that was not running at the time of an accident. Burg v. Cincinnati Casualty Insurance Co.
2002 WI 76,
254 Wis. 2d 36,
645 N.W.2d 880,
00-3258.
350.095
350.095
Noise level requirements. 350.095(1)(1)
Noise level standards; total vehicle noise. 350.095(1)(a)
(a) Every snowmobile that is manufactured on or after July 2, 1975, and that is offered for sale or sold in this state as a new snowmobile shall be manufactured so as to limit total vehicle noise to not more than 78 decibels of A sound pressure, as measured by Society of Automotive Engineers standards.
350.095(1)(b)
(b) No snowmobile may be modified by any person in any manner that shall amplify or otherwise increase total vehicle noise above that emitted by the snowmobile as originally manufactured, regardless of date of manufacture.
350.095(2)
(2)
Noise level standards; exhaust and engine noise. 350.095(2)(a)
(a) No snowmobile may be manufactured, sold, offered for sale, or operated unless it is equipped with a muffler in good working order.
350.095(2)(b)
(b) For snowmobiles manufactured after July 1, 1972, a muffler that is in good working order is one that blends the exhaust noise into the overall engine noise and is in constant operation to prevent exhaust and engine noise that exceeds the applicable noise level standards established under pars.
(c) and
(d).
350.095(2)(c)
(c) For every snowmobile manufactured after July 1, 1972, and before July 2, 1975, the noise level standard for exhaust and engine noise shall be 90 decibels as measured in accordance with the procedures established for the measurement of exhaust sound levels of stationary snowmobiles in the January 2004 Society of Automotive Engineers Standard J2567.
350.095(2)(d)1.1. Except as provided in subd.
2., for every snowmobile manufactured on or after July 2, 1975, the noise level standard for exhaust and engine noise shall be 88 decibels as measured in accordance with the procedures established for the measurement of exhaust sound levels of stationary snowmobiles in the January 2004 Society of Automotive Engineers Standard J2567.
350.095(2)(d)2.
2. After consulting with the snowmobile recreational council, the department may promulgate a rule that establishes a noise level standard for exhaust and engine noise that is other than 88 decibels.
350.095 History
History: 2005 a. 210 ss.
1,
2,
4 to
7m.
350.10
350.10
Miscellaneous provisions for snowmobile operation. 350.10(1)(1)
No person shall operate a snowmobile in the following manner:
350.10(1)(a)
(a) At a rate of speed that is unreasonable or improper under the circumstances.
350.10(1)(b)
(b) In any careless way so as to endanger the person or property of another.
350.10(1)(c)
(c) Without complying with all stop signs, yield signs or other regulatory signs established by rule under s.
350.13 that are located along snowmobile routes, snowmobile trails or other established snowmobile corridors that are open to the public.
350.10(1)(f)
(f) On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for snowmobile use.
350.10(1)(fm)
(fm) On public property that is posted as closed to snowmobile operation or on which the operation of a snowmobile is prohibited by law.
350.10(1)(g)
(g) Between the hours of 10:30 p.m. and 7 a.m. when within 150 feet of a dwelling at a rate of speed exceeding 10 miles per hour.
350.10(1)(gm)
(gm) During the hours of darkness at a rate of speed exceeding 55 miles per hour.
350.10(1)(h)
(h) In any forest nursery, planting area or on public lands posted or reasonably identified as an area of forest or plant reproduction when growing stock may be damaged.
350.10(1)(i)
(i) On the frozen surface of public waters within 100 feet of a person not in or upon a vehicle or within 100 feet of a fishing shanty unless operated at a speed of 10 miles per hour or less.
350.10(1)(j)
(j) On a slide, ski or skating area except for the purpose of serving the area, crossing at places where marked or after stopping and yielding the right-of-way.
350.10(1)(k)
(k) On or across a cemetery, burial ground, school or church property without consent of the owner.
350.10(1)(L)
(L) On the lands of an operating airport or landing facility except for personnel in performance of their duties or with consent.
350.10(1)(m)
(m) On Indian lands without the consent of the tribal governing body or Indian owner. For purposes of this paragraph, “Indian lands" means lands owned by the United States and held for the use or benefit of Indian tribes, bands, or individual Indians and lands owned by Indian tribes, bands, or individual Indians which are subject to restrictions on alienation. Failure to post Indian lands does not imply consent for snowmobile use. Any other motor-driven craft or vehicle principally manufactured for off-highway use shall at all times have the consent of the owner before operation of such craft or vehicle on private lands.
350.10(2)
(2) Subsection
(1) (c) does not apply to a person operating a snowmobile on land under the management and control of the person's immediate family.
350.10(3)
(3) Subsection
(1) (gm) does not apply to a person operating a snowmobile while competing in a sanctioned race or derby.
350.101
350.101
Intoxicated snowmobiling. 350.101(1)(a)(a) Operating while under the influence of an intoxicant. No person may engage in the operation of a snowmobile while under the influence of an intoxicant to a degree which renders him or her incapable of safe snowmobile operation.
350.101(1)(b)
(b)
Operating with alcohol concentrations at or above specified levels. No person may engage in the operation of a snowmobile while the person has an alcohol concentration of 0.08 or more.
350.101(1)(bm)
(bm)
Operating with a restricted controlled substance. No person may engage in the operation of a snowmobile with a detectable amount of a restricted controlled substance in his or her blood.
350.101(1)(c)
(c)
Operating with alcohol concentrations at specified levels; below age 19. If a person has not attained the age of 19, the person may not engage in the operation of a snowmobile while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.
350.101(1)(d)
(d)
Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par.
(a),
(b), or
(bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par.
(a),
(b), or
(bm), the offenses shall be joined. If the person is found guilty of any combination of par.
(a),
(b), or
(bm) 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 s.
350.11 (3) (a) 2. and
3. Paragraphs
(a),
(b), and
(bm) each require proof of a fact for conviction which the others do not require.
350.101(1)(e)
(e)
Defenses. In an action under par.
(bm) 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.
350.101(2)(a)(a)
Causing injury while under the influence of an intoxicant. No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe snowmobile operation may cause injury to another person by the operation of a snowmobile.
350.101(2)(b)
(b)
Causing injury with alcohol concentrations at or above specified levels. No person who has an alcohol concentration of 0.08 or more may cause injury to another person by the operation of a snowmobile.
350.101(2)(bm)
(bm)
Causing injury while operating a snowmobile with a detectable amount of a restricted controlled substance. 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 a snowmobile.
350.101(2)(c)
(c)
Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par.
(a),
(b), or
(bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par.
(a),
(b), or
(bm) in the complaint, the crimes shall be joined under s.
971.12. If the person is found guilty of any combination of par.
(a),
(b), or
(bm) 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 s.
350.11 (3) (a) 2. and
3. Paragraphs
(a),
(b), and
(bm) each require proof of a fact for conviction which the others do not require.
350.101(2)(d)1.1. In an action under this subsection, 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 he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.08 or more or a detectable amount of a restricted controlled substance in his or her blood.
350.101(2)(d)2.
2. In an action under par.
(bm) 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.
350.102
350.102
Preliminary breath screening test. 350.102(1)(1)
Requirement. 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 snowmobiling law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.
350.102(2)
(2)
Use of test results. 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 snowmobiling law or for the purpose of deciding whether or not to request a chemical test under s.
350.104. Following the preliminary breath screening test, chemical tests may be required of the person under s.
350.104.
