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.
350.102(3)
(3)
Admissibility. 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 s.
350.104.
350.102(4)
(4)
Refusal. There is no penalty for a violation of sub.
(1). Section
350.11 (1) and the general penalty provision under s.
939.61 do not apply to that violation.
350.102 History
History: 1987 a. 399.
350.1025
350.1025
Application of intoxicated snowmobiling law. Except as provided in this section, the intoxicated snowmobiling law is applicable to all property, whether the property is publicly or privately owned and whether or not a fee is charged for the use of that property. The intoxicated snowmobiling law does not apply to the operation of a snowmobile on private land not designated as a snowmobile trail unless an accident involving personal injury occurs as the result of the operation of a snowmobile and the snowmobile was operated on the private land without the consent of the owner of that land.
350.1025 History
History: 1987 a. 399;
1991 a. 91.
350.103
350.103
Implied consent. Any person who engages in the operation of a snowmobile upon the public highways of this state, or in those areas enumerated in s.
350.1025, is deemed 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 s.
350.104. Any person who engages in the operation of a snowmobile within this state is deemed 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 s.
350.104.
350.103 History
History: 1987 a. 399.
350.104(1)(a)(a)
Samples; submission to tests. 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 snowmobiling 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 snowmobiling law and if he or she is requested to submit to the test by a law enforcement officer.
350.104(1)(b)
(b)
Information. A law enforcement officer requesting a person to provide a sample or to submit to a chemical test under par.
(a) 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:
350.104(1)(b)2.
2. That a refusal to provide a sample or to submit to a chemical test constitutes a violation under sub.
(5) and is subject to the same penalties and procedures as a violation of s.
350.101 (1) (a).
350.104(1)(b)3.
3. That in addition to the designated chemical test under sub.
(2) (b), he or she may have an additional chemical test under sub.
(3) (a).
350.104(1)(c)
(c)
Unconscious person. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subsection, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated snowmobiling law, one or more chemical tests may be administered to the person without a request under par.
(a) and without providing information under par.
(b).
350.104(2)(a)(a)
Test facility. 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 of the 3 chemical tests of breath, blood or urine for the purpose of authorized analysis. The department may enter into agreements for the cooperative use of test facilities.
350.104(2)(b)
(b)
Designated chemical test. A test facility shall designate one chemical test of breath, blood or urine which it is prepared to administer first for the purpose of authorized analysis.
350.104(2)(c)
(c)
Additional chemical test. A test facility shall specify one chemical test of breath, blood or urine, other than the test designated under par.
(b), which it is prepared to administer for the purpose of authorized analysis as an additional chemical test.
350.104(2)(d)
(d)
Validity; procedure. A chemical test of blood or urine conducted for the purpose of authorized analysis is valid as provided under s.
343.305 (6). The duties and responsibilities of the laboratory of hygiene, department of health services and department of transportation under s.
343.305 (6) apply to a chemical test of blood or urine conducted for the purpose of authorized analysis under this section. Blood may be withdrawn from a person arrested for a violation of the intoxicated snowmobiling law only by a physician, registered nurse, medical technologist, physician assistant, phlebotomist, or other medical professional who is authorized to draw blood, or person acting under the direction of a physician and the person who withdraws the blood, the employer of that person and any hospital where blood is withdrawn have immunity from civil or criminal liability as provided under s.
895.53.
350.104(2)(e)
(e)
Report. A test facility which administers a chemical test of breath, blood or urine for the purpose of authorized analysis under this section shall prepare a written report which shall include the findings of the chemical test, the identification of the law enforcement officer or the person who requested a chemical test and the identification of the person who provided the sample or submitted to the chemical test. The test facility shall transmit a copy of the report to the law enforcement officer and the person who provided the sample or submitted to the chemical test.
350.104(3)
(3)
Additional and optional chemical tests. 350.104(3)(a)
(a)
Additional chemical test. If a person is arrested for a violation of the intoxicated snowmobiling law or is the operator of a snowmobile 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 sub.
(1) (a), the person may request the test facility to administer the additional chemical test specified under sub.
(2) (c) 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.
350.104(3)(b)
(b)
Optional test. If a person is arrested for a violation of the intoxicated snowmobiling law and if the person is not requested to provide a sample or to submit to a test under sub.
(1) (a), the person may request the test facility to administer a chemical test of his or her breath 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. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the designated chemical test under sub.
(2) (b) or the additional chemical test under sub.
(2) (c).
350.104(3)(c)
(c)
Compliance with request. A test facility shall comply with a request under this subsection to administer any chemical test it is able to perform.
350.104(3)(d)
(d)
Inability to obtain chemical test. 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 subs.
(1) and
(2).
350.104(4)
(4)
Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under sub.
(1),
(2) or
(3) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated snowmobiling law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s.
885.235. This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.
350.104(5)
(5)
Refusal. No person may refuse a lawful request to provide one or more samples of his or her breath, blood or urine or to submit to one or more chemical tests under sub.
(1). A person shall not be deemed to refuse to provide a sample or to submit to a chemical test if it is shown by a preponderance of the evidence that the refusal was due to a physical inability to provide the sample or to submit to the test due to a physical disability or disease unrelated to the use of an intoxicant. Issues in any action concerning violation of sub.
(1) or this subsection are limited to:
350.104(5)(a)
(a) Whether the law enforcement officer had probable cause to believe the person was violating or had violated the intoxicated snowmobiling law.
350.104(5)(b)
(b) Whether the person was lawfully placed under arrest for violating the intoxicated snowmobiling law.
350.104(5)(c)
(c) Whether the law enforcement officer requested the person to provide a sample or to submit to a chemical test and provided the information required under sub.
(1) (b) or whether the request and information was unnecessary under sub.
(1) (c).
350.104(5)(d)
(d) Whether the person refused to provide a sample or to submit to a chemical test.
350.106
350.106
Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated snowmobiling law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.
350.106 History
History: 1987 a. 399.
350.107
350.107
Officer's action after arrest for operating a snowmobile while under influence of intoxicant. A person arrested for a violation of s.
350.101 (1) (a) or
(b) or a local ordinance in conformity therewith or s.
350.101 (2) (a) or
(b) may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under s.
350.104 (1) (a) shows that the person has an alcohol concentration of 0.05 or less, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.
