Courts
In traffic regulation cases, sec. 345.315, Stats., controls over sec. 300.05, Stats., insofar as request for substitution of a justice is concerned but not over sec. 300.055, Stats., which grants defendant right to secure transfer to county court upon request, accompanied by $1 fee, at any time prior to trial. 66-64
Dismissal of traffic complaints
Courts may not dismiss traffic complaints on payment of penalty and costs, or costs alone. 63-328
District Attorney
District Attorneys have a statutory duty to prosecute state traffic violations. District Attorneys cannot properly refuse to prosecute state actions when such refusal is based on consideration of the ultimate deposition of the proceeds from such actions. Such consideration is for the Legislature, not the District Attorney. 64-157
Enforcement of judgements
Imprisonment or suspension of license under section 345.47(1)(a) and (b), Stats., does not eliminate the liability of a defendant for payment of the $150 surcharge provided for in section 346.655. The county does not become liable for the surcharge if not paid. An application for an occupational license is not a special proceeding requiring the payment of clerk's fees under section 814.61(1). 73-24
Forfeiture
Section 349.06(1), Stats., authorizes local authorities to enact and enforce any ordinance which is in strict conformity with traffic regulation provisions of ch. 350 for which the penalty for violation is a forfeiture. 66-161
Police jurisdiction
Where not acting pursuant to mutual assistance statutes, Clark County officers do not have authority to conduct police operations in each and every territory in which a traffic offense triable in Clark County Circuit Court may arise. 69-194
Sheriffs
County Board in county under 500,000 not having civil services system for deputy sheriffs can abolish traffic department organized under sec. 83.016, Stats., and with the cooperation of the Sheriff, such traffic patrolmen can be appointed deputies in the Sheriff's department without providing for civil service selection under sec. 59.21 (8)(cm), Stats. Language in 36 OAG 174 (1947) and 38 OAG 245 (1949) distinguished in view of sec. 59.025, Stats., which was enacted after issuance of those opinions. 71-199
Where county has contract to maintain state trunk highways, County Highway Commissioner can temporarily close state trunk highway in case of emergency. Sec. 86.06(1), Stats. Sheriff has power to temporarily close any highway in county in case of emergency and to divert traffic. Secs. 59.24(1) and 349.02, Stats. 67-335
Speed limits
Section 343.30(1n), Stats., does not apply to violations of sec. 346.57(4)(hm), Stats., created by ch. 157, Laws of 1973. 63-20
Truck traffic
Counties do not have any general police power authority to control truck traffic, but are restricted to controlling truck traffic under secs. 349.15 and 349.16, Stats. The exercise of the police power under sec. 349.15, Stats., need not be based on the condition of the roadbed, but may be exercised to promote the general welfare of the public. 66-110
TRANSPORTATION
See also AUTOMOBILES AND MOTOR VEHICLES
County subsidy
Section 59.968(3), Stats., authorizes a county subsidy when a bus company operates a route which is principally located within the county. 65-191
Forest products
Section 348.15(3)(b)2. and (5r), Stats., discussed. 62-100
Mississippi River
State regulation prohibiting single-hulled barges and requiring double-hulled barges on the Mississippi River adjacent to Wisconsin would violate the Supremacy Clause of the United States Constitution. 75-176
Parochial schools
Funds made available through the Elementary Secondary Education Act may be used in dual enrollment programs to transport children from parochial schools to public schools and return. 65-126
School buses
See also SCHOOLS AND SCHOOL DISTRICTS
A motor vehicle used by a vocational school to transport students in extracurricular activities is not a school bus as defined in sec. 340.01(56), Stats. After June 30, 1977, the transportation of minors who are fulfilling their compulsory school requirements, to or from vocational school, must be done in school buses. (Unpub.). 54-1976
A school owned or operated automobile, used in casual and occasional transportation of school children to extracurricular activities is not a school bus as defined in sec. 340.01(56), Stats., and sec. 121.54(7), Stats., does not prohibit such use. 64-45
Students living less than two miles from school may not be transported by the school board at parental expense. 62-95
Students may have bus riding privileges suspended without being suspended or expelled from school. However, both public and private school students must be afforded due process as provided by sec. 120.13(1), Stats., before such suspension can take place. 63-526
Under secs. 121.54(7), 343.12 and 340.01(56), Stats., a school bus and school bus operator need only be provided for the transportation of those students engaged in the extracurricular activity of the school. Exceptions to the requirements of providing a school bus and school bus operator for the transportation of students discussed. 65-298
Truck weight limitations
Section 348.15(3)(b)2. and (5r), Stats., discussed. 62-100
VTAE Board
VTAE Board may subsidize public bus line to provide transportation under sec. 38.14(6), Stats. 65-305
TRANSPORTATION, DEPARTMENT OF
Jurisdiction
The jurisdiction of the Secretary of Transportation with respect to control over the erection of high structures is limited by the provisions contained in sec. 114.135(7), Stats., to those structures that either extend to a height of more than 500 feet above the ground or surface of the water within one mile of the location of the object, or a height determined by the ratio of one foot vertical to 40 feet horizontal measured from the nearest boundary of the nearest public airport in the State. If a local zoning ordinance, rule or regulation permits the erection of structures which exceed these heights, a conflict of jurisdiction would arise and the Secretary could invoke sec. 114.135(9), Stats., to resolve the conflict. 62-232
Regional planning
The Department of Transportation's contracting authority under sec. 84.01(13), Stats., is not limited to traditional engineering or surveying services. The Department is given the discretion to decide what special expertise it needs and the most practical and economical means to obtain it in connection with its highway program activities. (Unpub.). 35-1982
Religion
The administrative rule of the Department of Transportation granting an exemption on religious grounds from the photograph-taking requirement of sections 343.17(2) and 343.14(3), Stats., is violative of the First Amendment, United States Constitution, and of Wis. Const. art. I, § 18. 75-115
TREASURER, STATE
Bail
The entire amount of bail forfeited under sec. 969.13(4), Stats., is to be retained by the county treasurer and no part thereof is to be paid to the state treasurer. 62-247
TRESPASS
See CRIMINAL LAW
TRUANT OFFICERS
See EDUCATION; MINORS
TRUCKS
See AUTOMOBILES AND MOTOR VEHICLES; TRAFFIC; TRANSPORTATION
TRUST COMPANIES
See BANKS AND BANKING
