340.01(38m) (38m)
340.01(38m)(a)(a) “Off-road utility vehicle" means any of the following:
340.01(38m)(a)1. 1. A motor vehicle that is designed and constructed to carry no more than 2 persons and to be used for collecting residential and commercial solid waste, such as yard waste, recyclable materials, and household garbage, refuse, and rubbish, landscaping, or incidental street maintenances; that is not certified by the manufacturer for on-road use or that is certified by the manufacturer as meeting the equipment standards for a low-speed vehicle under 49 CFR 571.500; and that satisfies the equipment standards for a Type 2 automobile or autocycle under ch. 347 or the equipment standards for a low-speed vehicle under 49 CFR 571.500.
340.01(38m)(a)2. 2. A Kei class vehicle.
340.01(38m)(b) (b) “Off-road utility vehicle" does not include any motorized construction equipment or any motor vehicle that falls within another definition under this section.
340.01(38r) (38r)“On duty time" means, with respect to an operator of a commercial motor vehicle, the period from the time that the operator of the commercial motor vehicle begins to work or is required to be in readiness to work until the time that the operator of the commercial motor vehicle is relieved from work and all responsibility for performing work.
340.01(40) (40)“Operating privilege" means, in the case of a person who is licensed under ch. 343, the license, including every endorsement and authorization to operate vehicles of specific vehicle classes or types, instruction permit, and temporary, restricted or occupational license granted to such person; in the case of a resident of this state who is not so licensed, it means the privilege to secure a license under ch. 343; in the case of a nonresident, it means the operating privilege granted by s. 343.05 (2) (a) 2. or (4) (b) 1.
340.01(41) (41)“Operator" means a person who drives or is in actual physical control of a vehicle.
340.01(41g) (41g)“Operator's license" means the authorization granted to a person by this state, another jurisdiction or certain countries to operate a motor vehicle, including a driver's license, temporary or restricted license or an instruction permit.
340.01(41k) (41k)“Organ procurement organization" means an organization that has status as a designated organ procurement organization under the requirements of 42 CFR 485.303.
340.01(41m) (41m)“Other jurisdiction" or “another jurisdiction" means any state other than Wisconsin and includes the District of Columbia, the commonwealth of Puerto Rico and any territory or possession of the United States, any federal military installation located within the territorial boundaries of Wisconsin and any province of the Dominion of Canada.
340.01(41r) (41r)“Out-of-service order" means a temporary prohibition against operating a commercial motor vehicle.
340.01(42) (42)“Owner" means a person who holds the legal title of a vehicle, except that if legal title is held by a secured party with the immediate right of possession of the vehicle vested in the debtor, the debtor is the owner for the purposes of chs. 340 to 349.
340.01(42m) (42m)“Park or parking" means the halting of a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
340.01(42t) (42t)“Pavement marking" means any material or device on the surface of a highway intended to regulate, warn, or guide highway users.
340.01(43) (43)“Pedestrian" means any person afoot or any person in a wheelchair, either manually or mechanically propelled, or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person, but does not include any person using an electric scooter or an electric personal assistive mobility device.
340.01(43c) (43c)“Pedestrian signal authorizing crossing" means a traffic control signal for pedestrians that displays the word “Walk," the symbol of a walking person, or any other symbol approved for this purpose under the manual on uniform traffic control devices adopted by the department under s. 84.02 (4) (e).
340.01(43d) (43d)“Pedestrian signal limiting crossing" means a traffic control signal for pedestrians that displays the words “Don't Walk," the symbol of an upraised hand, or any other symbol approved for this purpose under the manual on uniform traffic control devices adopted by the department under s. 84.02 (4) (e).
340.01(43e) (43e)“Period of limited visibility" means any time that weather conditions limit visibility such that objects on a highway are not clearly discernible at 500 feet from the front of a vehicle.
340.01(43fg) (43fg)“Personal delivery device” means an electronically powered device that satisfies all of the following:
340.01(43fg)(a) (a) The device is intended primarily to transport property on sidewalks and crosswalks.
340.01(43fg)(b) (b) The device has an empty weight of less than 80 pounds, excluding cargo.
340.01(43fg)(c) (c) The device is capable of a maximum speed of 10 miles per hour or less.
340.01(43fg)(d) (d) The device is capable of operating with and without the active control or monitoring by an individual.
340.01(43fs) (43fs)“Personal delivery device operator” means an entity or its agent that exercises control over, or that monitors, the navigation system and operation of a personal delivery device. “Personal delivery device operator" does not include an entity or person that requests the services of a personal delivery device to transport property or that only arranges for and dispatches the requested services of a personal delivery device.
340.01(43g) (43g)“Person with a disability that limits or impairs the ability to walk" means any person with a disability as defined by the federal Americans with disabilities act of 1990, 42 USC 12101 et seq., so far as applicable, or any person who meets any of the following conditions:
340.01(43g)(a) (a) Cannot walk 200 feet or more without stopping to rest.
340.01(43g)(b) (b) Cannot walk without the use of, or assistance from, another person or a brace, cane, crutch, prosthetic device, wheelchair or other assistive device.
340.01(43g)(c) (c) Is restricted by lung disease to the extent that forced expiratory volume for one second when measured by spirometry is less than one liter or the arterial oxygen tension is less than 60 millimeters of mercury on room air at rest.
340.01(43g)(d) (d) Uses portable oxygen.
340.01(43g)(e) (e) Has a cardiac condition to the extent that functional limitations are classified in severity as class III or IV, according to standards accepted by the American Heart Association on May 3, 1988.
340.01(43g)(f) (f) Is severely limited in the ability to walk due to an arthritic, neurological or orthopedic condition.
340.01(43m) (43m)“Play vehicle":
340.01(43m)(a) (a) Means a coaster, skate board, roller skates, sled, toboggan, unicycle or toy vehicle upon which a person may ride.
340.01(43m)(b) (b) Does not include in-line skates or electric scooters.
340.01(44) (44)“Pot torch" means a wick-type liquid-burning device designed to produce a steady burning flame as a warning signal.
340.01(46) (46)“Private road or driveway" is every way or place in private ownership and used for vehicular travel only by the owner and those having express or implied permission from the owner and every road or driveway upon the grounds of public institutions other than public schools, as defined in s. 115.01 (1), and institutions under the jurisdiction of the county board of supervisors.
340.01(46m) (46m)“Prohibited alcohol concentration" means one of the following:
340.01(46m)(a) (a) If the person has 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.
340.01(46m)(c) (c) If the person is subject to an order under s. 343.301 or if the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.
340.01(47) (47)“Railroad crossing" means the intersection of any highway or private road or driveway at grade with tracks upon which railroad track equipment or railroad trains operate.
340.01(47e) (47e)“Railroad maintenance or construction area” means any of the following:
340.01(47e)(a) (a) The entire section of roadway between the first advance warning sign of railroad maintenance or construction work and a sign indicating the end of the area.
340.01(47e)(b) (b) The entire section of roadway within 500 feet of a railroad employee using flags to signal the presence of a railroad train or other railroad vehicle or railroad employees.
340.01(47e)(c) (c) In the case of a moving vehicle engaged in railroad maintenance or construction work, that section of roadway where the normal flow of traffic is first altered by the vehicle until that section of roadway where traffic may return to its normal flow without impeding such work.
340.01(47m) (47m)“Railroad track equipment" means a device that is operated on rails and used primarily for the maintenance of railroads.
340.01(48) (48)“Railroad train" means every device with or without engine or motor and whether or not coupled to other similar devices, operated upon rails for the transporting of persons or property.
340.01(48m) (48m)“Record of conviction" means a report of conviction furnished to the department by a federally recognized American Indian tribe or band in this state or by another jurisdiction or as required by chs. 340 to 349 and 351.
340.01(48r) (48r)“Recreational vehicle" means a vehicle that is designed to be towed upon a highway by a motor vehicle, that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, and that does not exceed 46 feet in length. “Recreational vehicle” includes a camping trailer, 5th-wheel recreational vehicle, park model recreational vehicle, as defined in s. 218.10 (7m), and travel trailer, as defined in s. 218.10 (8v).
Effective date note NOTE: Sub. (48r) is shown as amended eff. 10-1-24 by 2023 Wis. Act 164. Prior to 10-1-24 it reads:
Effective date text (48r) “Recreational vehicle" means a vehicle that is designed to be towed upon a highway by a motor vehicle, that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, that has walls of rigid construction, and that does not exceed 45 feet in length.
340.01(49) (49)“Reflector" means a device designed to warn an approaching driver by reflected light from the headlamps on the approaching vehicle.
340.01(50) (50)“Residence district" means the territory contiguous to a highway not comprising a business district where the frontage on such highway for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.
340.01(50m) (50m)“Restricted controlled substance" means any of the following:
340.01(50m)(a) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.
340.01(50m)(am) (am) The heroin metabolite 6-monoacetylmorphine.
340.01(50m)(b) (b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in par. (a).
340.01(50m)(c) (c) Cocaine or any of its metabolites.
340.01(50m)(d) (d) Methamphetamine.
340.01(50m)(e) (e) Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.
340.01(51) (51)“Right-of-way" means the privilege of the immediate use of the roadway.
340.01(52) (52)“Road machinery" means a piece of mobile machinery or equipment not covered by s. 341.26 (1) (d), such as ditch digging apparatus, power shovels, drag lines and earth-moving equipment, or a piece of road construction or maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, gravel crushers, screening plants, scrapers, tractors, earth movers, front- or rear-end loaders, conveyors, road pavers, or construction shacks. The foregoing enumeration is intended to be illustrative and does not exclude other similar vehicles which are within the general terms of this subsection, whether used for road construction and maintenance or not, which are not designed or used primarily for transportation of persons or property and only incidentally operated or moved upon a highway.
340.01(53) (53)“Road tractor" means a motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of the vehicle or load so drawn.
340.01(54) (54)“Roadway" means that portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway the term “roadway" refers to each roadway separately but not to all such roadways collectively.
340.01(55) (55)“Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians, including those about to board or alighting from public conveyances, and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
340.01(55g) (55g)“Salvage vehicle" means a vehicle less than 7 years old that is not precluded from subsequent registration and titling and that is damaged by collision or other occurrence to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 70 percent of its fair market value. The term does not include a hail-damaged vehicle unless the vehicle is repaired with any replacement part, as defined in s. 632.38 (1) (e).
340.01(55r) (55r)“Salvage vehicle purchaser" means a person, including an insurer or motor vehicle dealer, who purchases or otherwise obtains possession of a salvage vehicle.
340.01(55u) (55u)“Sanitation worker" means an individual engaged in the collection and transport of solid waste and recyclables.
340.01(56) (56)“School bus":
340.01(56)(a) (a) Means a motor vehicle which carries 10 or more passengers in addition to the operator or a motor vehicle painted in accordance with s. 347.44 (1) for the purpose of transporting:
340.01(56)(a)1. 1. Pupils to or from a public school as defined in s. 115.01 (1) or a private school as defined in s. 115.001 (3r) or pupils to or from a technical college when required under s. 118.15 (1).
340.01(56)(a)2. 2. Pupils to or from curricular or extracurricular activities.
340.01(56)(a)3. 3. Pupils to or from religious instruction on days when school is in session.
340.01(56)(a)4. 4. Children with disabilities, as defined under s. 115.76 (5), to or from an educational program approved by the department of public instruction.
340.01(56)(am) (am) Means a motor vehicle which is painted in accordance with s. 347.44 (1) and is used for the purpose of transporting individuals with disabilities as defined in s. 85.22 (2) (bm) or seniors as defined in s. 85.22 (2) (d) in connection with any transportation assistance program for seniors or individuals with disabilities.
340.01(56)(b) (b) Does not include:
340.01(56)(b)1. 1. A motor vehicle owned or operated by a parent or guardian transporting only his or her own children, regardless of whether a school has made a contract with or paid compensation to such parent or guardian for such transportation.
340.01(56)(b)2. 2. A motor vehicle operated as an alternative method of transportation under s. 121.555.
340.01(56)(b)3. 3. A motor bus operated for purposes specified in par. (a) 2.
340.01(56)(b)4. 4. A motor vehicle operated in an urban mass transit system as defined in s. 85.20 (1) (e) and (L).
340.01(56f) (56f)“Secretary" means the secretary of transportation.
340.01(56m) (56m)“Secured party" has the meaning given in s. 409.102 (1) (rs).
340.01(56n) (56n)“Security agreement" has the meaning given in s. 409.102 (1) (s).
340.01(56o) (56o)“Security interest" means a security interest as defined in s. 401.201 (2) (t).
340.01(57) (57)“Semitrailer" means a vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, but does not include a mobile home. A vehicle used with a ready-mix motor truck to spread the load is considered a semitrailer.
340.01(57m) (57m)“Service road" means every highway that runs generally parallel to but is separated from the main roadway by a physical barrier and primarily intended to provide access to the abutting property and not for use of through traffic.
340.01(58) (58)“Sidewalk" means that portion of a highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, constructed for use of pedestrians.
340.01(58a) (58a)“Snowmobile" means an engine-driven vehicle that is manufactured solely for snowmobiling, that has an endless belt tread and sled-type runners, or skis, to be used in contact with snow but does not include such a vehicle that is any of the following:
340.01(58a)(a) (a) A vehicle that has inflatable tires.
2021-22 Wisconsin Statutes updated through 2023 Wis. Act 240 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on May 30, 2024. Published and certified under s. 35.18. Changes effective after May 30, 2024, are designated by NOTES. (Published 5-30-24)