23.33(2g)
(2g)
Lac du Flambeau band registration program. 23.33(2g)(a)
(a) Authorization for issuance. The Lac du Flambeau band may issue registration certificates for public use or private use for all-terrain vehicles or utility terrain vehicles that are equivalent to the registration certificates for public use or private use that are issued by the department. The Lac du Flambeau band may renew and transfer a registration certificate that it or the department has issued. The Lac du Flambeau band may issue duplicates of only those registration certificates that it issues under this subsection.
23.33(2g)(b)
(b)
Requirements for issuance; fees; effective periods. 23.33(2g)(b)1.
1. For issuing or renewing a registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent registration certificate under sub.
(2) (c) and
(d). For transferring a registration certificate or issuing a duplicate registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent service under sub.
(2) (e).
23.33(2g)(b)2.
2. The Lac du Flambeau band may not issue, renew or otherwise process registration certificates under this subsection in conjunction with discount coupons or as part of a promotion or other merchandising offer.
23.33(2g)(b)3.
3. For a registration certificate issued, transferred or renewed under this subsection, the effective period shall be the same as it would be for the equivalent registration certificate under sub.
(2) (f) or
(g).
23.33(2g)(b)4.
4. The Lac du Flambeau band may issue, renew or otherwise process registration certificates under this subsection only to applicants who appear in person on the Lac du Flambeau reservation.
23.33(2g)(c)
(c)
Requirements for registration applications and decals. 23.33(2g)(c)1.
1. The Lac du Flambeau band shall use registration applications and registration certificates that are substantially similar to those under sub.
(2) with regard to length, legibility and information content.
23.33(2g)(c)2.
2. The Lac du Flambeau band shall use registration decals that are substantially similar to those under sub.
(2) with regard to color, size, legibility, information content and placement on the all-terrain vehicle or utility terrain vehicle.
23.33(2g)(c)3.
3. The Lac du Flambeau band shall use a sequential numbering system that includes a series of letters or initials that identify the Lac du Flambeau band as the issuing authority.
23.33(2g)(d)
(d)
Registration information. The Lac du Flambeau band shall provide registration information to the state in one of the following ways:
23.33(2g)(d)1.
1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement described in par.
(f), for incorporation into the registration records of this state, within one working day after the addition, change or deletion.
23.33(2g)(d)2.
2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.
23.33(2g)(e)1.1. Before June 1 annually, the Lac du Flambeau band shall submit a report to the department notifying it of the number of each type of registration certificate that the Lac du Flambeau band issued, transferred or renewed for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.
23.33(2g)(e)2.
2. For law enforcement purposes, the Lac du Flambeau band shall make available for inspection by the department during normal business hours the Lac du Flambeau band's records of all registration certificates issued, renewed or otherwise processed under this subsection, including copies of all applications made for certificates.
23.33(2g)(e)3.
3. The Lac du Flambeau band shall ensure that the record of each registration certificate issued, renewed or otherwise processed under this subsection, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.
23.33(2g)(e)4.
4. The Lac du Flambeau band shall collect the sales and use taxes due under s.
77.61 (1) on any all-terrain vehicle or utility terrain vehicle registered under this subsection and make the report in respect to those taxes. On or before the 15th day of each month, the Lac du Flambeau band shall pay to the department of revenue all taxes that the Lac du Flambeau band collected in the previous month.
23.33(2g)(f)
(f)
Applicability. This subsection does not apply unless the department and the Lac du Flambeau band have in effect a written agreement under which the Lac du Flambeau band agrees to comply with pars.
(a) to
(e) and that contains all of the following terms:
23.33(2g)(f)1.
1. The manner in which the Lac du Flambeau band will limit its treaty-based right to fish outside the Lac du Flambeau reservation.
23.33(2g)(f)2.
2. A requirement that the fees collected by the Lac du Flambeau band under par.
(b) be used only for a program for registering all-terrain vehicles or utility terrain vehicles, for regulating all-terrain vehicles or utility terrain vehicles and their operation and for providing all-terrain vehicle trails and all-terrain vehicle and utility terrain vehicle facilities.
23.33(2h)
(2h)
Alterations and falsifications prohibited. 23.33(2h)(a)
(a) No person may intentionally do any of the following:
23.33(2h)(a)1.
1. Make a false statement on an application for a registration issued under sub.
(2) or
(2g).
23.33(2h)(a)2.
2. Alter, remove, or change any number or other character in an engine serial number.
23.33(2h)(a)3.
3. Alter, remove, or change any number or other character in a vehicle identification number.
23.33(2h)(b)1.
1. Manufacture a vehicle identification number tag that the person knows to contain false information to be placed on an all-terrain vehicle or utility terrain vehicle that is manufactured on or after November 13, 2015.
23.33(2h)(b)2.
2. Place a vehicle identification number tag that the person knows to be false on an all-terrain vehicle or utility terrain vehicle.
23.33(2j)(a)1.
1. “Public all-terrain vehicle corridor" means an all-terrain vehicle trail or other established all-terrain vehicle corridor that is open to the public but does not include an all-terrain vehicle route.
23.33(2j)(a)2.
2. “Temporary trail use receipt" means a receipt issued by the department or an agent under this subsection that shows that an application and the required fees for a nonresident trail pass have been submitted to the department or an agent appointed under sub.
(2j) (f) 1. 23.33(2j)(b)
(b) Except as provided in par.
(e) and sub.
(2k), no person may operate an all-terrain vehicle or a utility terrain vehicle on a public all-terrain vehicle corridor in this state unless a nonresident trail pass issued under this subsection is permanently affixed in a highly visible location on the forward half of the vehicle or the person is carrying proof of a valid temporary trail use receipt.
23.33(2j)(c)1.1. The fee for an annual nonresident trail pass issued under this section is $34.25. An annual nonresident trail pass maybe issued only by the department and persons appointed by the department and expires on March 31 of each year.
23.33(2j)(c)2.
2. The fee for a 5-day nonresident trail pass issued under this section is $19.25. A 5-day nonresident trail pass may be issued only by the department and persons appointed by the department.
23.33(2j)(d)
(d) There is no fee for a nonresident trail pass issued for an all-terrain vehicle or utility terrain vehicle that is registered under sub.
(2g) or s.
23.35. The department or Indian tribe or band shall issue a nonresident trail pass for such an all-terrain vehicle or utility terrain vehicle when it issues the registration certificate for the vehicle. The department shall provide Indian tribes or bands that register all-terrain vehicles or utility terrain vehicles under sub.
(2g) or s.
23.35 with a supply of trail passes.
23.33(2j)(e)
(e) An all-terrain vehicle or a utility terrain vehicle that is registered under sub.
(2) (a) or an all-terrain vehicle or utility terrain vehicle that is exempt from registration under sub.
(2) (b) 1.,
1m.,
3., or
3m. is exempt from having a nonresident trail pass or temporary trail use receipt displayed as required under par.
(b). The department may promulgate a rule to exempt all-terrain vehicles and utility terrain vehicles that are exempt from registration under sub.
(2) (b) 5. from having nonresident trail passes or temporary trail use receipts displayed as required under par.
(b) or may promulgate a rule to exempt owners of such vehicles from having to pay any applicable nonresident trail pass fee.
23.33(2j)(f)1.1. The department may appoint any person who is not an employee of the department as the department's agent to issue temporary trail use receipts and collect the fees for these passes.
23.33(2j)(f)2.
2. Any person, including the department, who issues a nonresident trail pass or a temporary trail use receipt shall collect in addition to the fee under par.
(c) an issuing fee of 75 cents. An agent appointed under subd.
1. may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the temporary trail use receipt.
23.33(2j)(f)3.
3. The department shall establish, by rule, procedures for issuing nonresident trail passes and temporary trail use receipts, and the department may promulgate rules regulating the activities of persons who are appointed to be agents under this paragraph.
23.33(2j)(f)4.
4. All fees remitted to or collected by the department under subd.
2. shall be credited to the appropriation account under s.
20.370 (9) (hu).
23.33(2k)
(2k)
Weekend exemption. A person may operate an all-terrain vehicle or utility terrain vehicle in this state during the first full weekend in June of each year without registering the all-terrain vehicle or utility terrain vehicle under sub.
(2) and without having been issued or displaying a nonresident trail pass under sub.
(2j).
23.33(2m)
(2m)
Rental of all-terrain vehicles and utility terrain vehicles. 23.33(2m)(a)(a) No person who is engaged in the rental or leasing of all-terrain vehicles or utility terrain vehicles to the public may do any of the following:
23.33(2m)(a)1.
1. Rent or lease an all-terrain vehicle or utility terrain vehicle for operation by a person who will be operating the vehicle for the first time unless the person engaged in the rental or leasing gives the person instruction on how to operate the vehicle.
23.33(2m)(a)2.
2. Rent or lease an all-terrain vehicle or utility terrain vehicle to a person under 16 years of age.
23.33(2m)(a)3.
3. Rent or lease an all-terrain vehicle or utility terrain vehicle 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).
23.33(2m)(b)
(b) A person who is engaged in the rental or leasing of all-terrain vehicles or utility terrain vehicles 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 all-terrain vehicles or utility terrain vehicles that the person rents or leases.
23.33(2m)(c)
(c) The department may promulgate rules to establish minimum standards for the instruction given under par.
(a) 1. 23.33(3)
(3)
Rules of operation. No person may operate an all-terrain vehicle or utility terrain vehicle:
23.33(3)(a)
(a) In any careless way so as to endanger the person or property of another.
23.33(3)(c)
(c) On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for all-terrain vehicle or utility terrain vehicle use.
23.33(3)(cm)
(cm) On public property that is posted as closed to all-terrain vehicle or utility terrain vehicle operation or on which the operation of an all-terrain vehicle or utility terrain vehicle is prohibited by law.
23.33(3)(d)
(d) On Indian lands without the consent of the tribal governing body or Indian owner. Failure to post Indian lands does not imply consent for all-terrain vehicle or utility terrain vehicle use.
23.33(3)(em)
(em) Except as provided in sub.
(11m), with a passenger riding in or on any part of an all-terrain vehicle or utility terrain vehicle that is not designed or intended to be used by passengers.
23.33(3)(er)
(er) With any bow in his or her possession unless the bow does not have an arrow nocked.
23.33(3)(f)
(f) To drive or pursue any animal except as a part of normal farming operations involving the driving of livestock.
23.33(3)(g)
(g) When within 150 feet of a dwelling at a speed exceeding 10 miles per hour. The speed limit specified in this paragraph does not apply to a person operating an all-terrain vehicle or utility terrain vehicle on a roadway that is designated as an all-terrain vehicle route.
23.33(3)(gm)
(gm) On the frozen surface of public waters or on an all-terrain vehicle 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, all-terrain vehicle, utility terrain vehicle, or snowmobile. This paragraph does not apply to a person operating an all-terrain vehicle or utility terrain vehicle while competing in a sanctioned race or derby.
23.33(3)(h)
(h) On the frozen surface of public waters within 100 feet of a fishing shanty at a speed exceeding 10 miles per hour.
23.33(3)(hg)
(hg) At a speed exceeding 15 miles per hour when it is being operated on a roadway or adjacent to a roadway with a snow removal device attached, if it is more than 150 feet from a dwelling.
23.33(3)(hr)
(hr) At a speed exceeding 5 miles per hour when it is being operated on a sidewalk or driveway with a snow removal device attached, regardless of its proximity to a dwelling.
23.33(3)(ht)
(ht) On all-terrain vehicles routes, all-terrain vehicles trails, public lands, or roadways unless the person complies with all stop signs, yield signs, and other regulatory signs established by rule under sub.
(8) (e).
23.33(3)(i)
(i) In a manner which violates rules promulgated by the department. This paragraph 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 subsection.
23.33(3c)
(3c)
Operation with firearms or crossbows. 23.33(3c)(a)
(a) No person may operate an all-terrain vehicle or utility terrain vehicle with any firearm in his or her possession unless the firearm is unloaded or is a handgun, as defined in s.
175.60 (1) (bm).
23.33(3c)(am)
(am) No person may operate an all-terrain vehicle or utility terrain vehicle with any crossbow in his or her possession unless the crossbow is not cocked or is unloaded.
23.33(3c)(b)
(b) Paragraphs
(a) and
(am) do not apply to a firearm or crossbow that is placed or possessed on an all-terrain vehicle or utility terrain vehicle that is stationary, as defined in s.
167.31 (1) (fg).
23.33(3e)
(3e)
Original seating. No person may operate a utility terrain vehicle unless he or she, and every occupant of the utility terrain vehicle, is seated on a seat that is original to the utility terrain vehicle as manufactured.
23.33(3g)
(3g)
Use of headgear. No person may operate or be a passenger on an all-terrain vehicle or utility terrain vehicle without wearing protective headgear of the type required under s.
347.485 (1) (a) and with the chin strap properly fastened, unless one of the following applies:
23.33(3g)(b)
(b) The person is traveling for the purposes of hunting or fishing and is at least 12 years of age.
23.33(3g)(c)
(c) The all-terrain vehicle or utility terrain vehicle is being operated for an agricultural purpose.
23.33(3g)(d)
(d) The all-terrain vehicle or utility terrain vehicle is being operated by a person on land under the management and control of the person's immediate family.
23.33(3g)(e)
(e) The person is being transported for medical reasons while under the care of emergency personnel.
23.33(3g)(f)
(f) The person is an emergency responder who is responding to an emergency that is directly related to the function of a city, town, village, county, state agency, federal agency, federally recognized American Indian tribe, or public safety corporation.
23.33(4)
(4)
Operation on or near highways. 23.33(4)(a)
(a)
Freeways. No person may operate an all-terrain vehicle or utility terrain vehicle upon any part of any freeway which is a part of the federal system of interstate and defense highways. No person may operate an all-terrain vehicle or utility terrain vehicle upon any part of any other freeway unless the department of transportation authorizes the use of that vehicle on that freeway. No person may operate an all-terrain vehicle or utility terrain vehicle with a snow removal device attached upon any part of any freeway under any circumstances.
23.33(4)(b)
(b)
Other highways; operation restricted. No person may operate an all-terrain vehicle or utility terrain vehicle on a highway except as authorized under pars.
(d),
(e), and
(f) and sub.
(11) (am) 2.,
3., or
4. or as authorized by rules promulgated by the department and approved by the department of transportation.
23.33(4)(c)
(c)
Exceptions; municipal, state and utility operations; races and derbies; land surveying operations. 23.33(4)(c)1.
1. Paragraphs
(a) and
(b) do not apply to the operator of an all-terrain vehicle or utility terrain vehicle owned by a municipality, state agency, or public utility, or by the Great Lakes Indian Fish and Wildlife Commission, while the operator is engaged in an emergency or in the operation of an all-terrain vehicle or utility terrain vehicle directly related to the functions of the municipality, state agency, or public utility, or of the Great Lakes Indian Fish and Wildlife Commission, if safety does not require strict adherence to these restrictions.
23.33(4)(c)1m.
1m. Paragraphs
(a) and
(b) do not apply to the operator of an all-terrain vehicle or utility terrain vehicle who is engaged in land surveying operations, if safety does not require strict adherence to the restrictions under pars.
(a) and
(b).
23.33(4)(c)2.
2. Paragraph
(b) does not apply to a highway blocked off for special all-terrain vehicle or utility terrain vehicle events. A county, town, city or village may block off highways under its jurisdiction for the purpose of allowing special all-terrain vehicle or utility terrain vehicle events. No state trunk highway or connecting highway, or part thereof, may be blocked off by any county, town, city or village for any all-terrain vehicle or utility terrain vehicle race or derby. A county, town, city or village 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 all-terrain vehicle or utility terrain vehicle race or derby which may result in any street, or part thereof, of the county, town, city or village being blocked off.
23.33(4)(d)
(d)
Operation on roadway. A person may operate an all-terrain vehicle or utility terrain vehicle on the roadway portion of any highway if the person complies with the applicable speed limit and only in the following situations:
23.33(4)(d)1.
1. To cross a 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 all-terrain vehicle or utility terrain vehicle prior to the crossing and yields the right-of-way to other vehicles, pedestrians, electric scooters, and electric personal assistive mobility devices using the roadway.
