AB463,1,5 1An Act to amend 346.17 (5) (a), 346.17 (5) (b), 346.22 (1) (b) 1., 346.22 (1) (b) 2.,
2346.43 (1) (b) 3. a., 346.43 (1) (b) 3. b., 346.49 (1) (c) 1., 346.49 (1) (c) 2., 346.57
3(3), 346.60 (3m) (a) 1., 346.60 (3m) (a) 2., 346.65 (5m) (a), 346.65 (5m) (b) and
4346.89 (4m); and to create 340.01 (47e) of the statutes; relating to: traffic
5violations when railroad workers are present and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill increases the penalties for certain traffic violations that are committed
where workers are present in a railroad construction or maintenance area and are
at risk from traffic.
Under current law, the amount of any applicable minimum and maximum fine
or forfeiture is doubled for specified traffic violations committed where persons
working in a highway maintenance or construction area, utility area, or emergency
or roadside response area are at risk from traffic. These traffic violations include
failing to follow certain traffic signs and signals, failing to follow certain orders of
traffic officers, exceeding certain maximum speed limits, and driving recklessly. In
addition, if the violation results in an injury to another, the operator may be fined
not more than $10,000 or imprisoned not more than nine months, or both. The bill
expands these provisions to apply to violations committed in a railroad construction
or maintenance area.
Current law prohibits inattentive driving of a motor vehicle in general and
specifically prohibits the use of a wireless telephone while driving a motor vehicle

where persons are engaged in work in a highway maintenance or construction area,
utility work area, or emergency or roadside response area. The bill expands this
prohibition to apply to railroad construction or maintenance areas where workers
are present.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB463,1 1Section 1. 340.01 (47e) of the statutes is created to read:
AB463,2,32 340.01 (47e) “Railroad maintenance or construction area” means any of the
3following:
AB463,2,54 (a) The entire section of roadway between the first advance warning sign of
5railroad maintenance or construction work and a sign indicating the end of the area.
AB463,2,86 (b) The entire section of roadway within 500 feet of a railroad employee using
7flags to signal the presence of a railroad train or other railroad vehicle or railroad
8employees.
AB463,2,129 (c) In the case of a moving vehicle engaged in railroad maintenance or
10construction work, that section of roadway where the normal flow of traffic is first
11altered by the vehicle until that section of roadway where traffic may return to its
12normal flow without impeding such work.
AB463,2 13Section 2. 346.17 (5) (a) of the statutes is amended to read:
AB463,3,214 346.17 (5) (a) Except as provided in par. (b), if an operator of a vehicle violates
15s. 346.04 (1) or (2) where persons engaged in work in a highway maintenance or
16construction area, railroad maintenance or construction area, utility work area, or
17emergency or roadside response area are at risk from traffic, any applicable

1minimum and maximum forfeiture specified in sub. (1) for the violation shall be
2doubled.
AB463,3 3Section 3. 346.17 (5) (b) of the statutes is amended to read:
AB463,3,124 346.17 (5) (b) If an operator of a vehicle violates s. 346.04 (1) or (2) where
5persons engaged in work in a highway maintenance or construction area, railroad
6maintenance or construction area,
utility work area, or emergency or roadside
7response area are at risk from traffic and the violation results in bodily harm, as
8defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000
9or imprisoned for not more than 9 months, or both. In addition to the penalties
10specified under this paragraph, a court may also order a person convicted under this
11paragraph to perform not fewer than 100 nor more than 200 hours of community
12service work and attend traffic safety school, as provided under s. 345.60.
AB463,4 13Section 4. 346.22 (1) (b) 1. of the statutes is amended to read:
AB463,3,1914 346.22 (1) (b) 1. Except as provided in subd. 2., if an operator of a vehicle
15violates s. 346.18 (6) where persons engaged in work in a highway maintenance or
16construction area, railroad maintenance or construction area, utility work area, or
17emergency or roadside response area are at risk from traffic, any applicable
18minimum and maximum forfeiture specified in par. (a), (c), (d), or (e) for the violation
19shall be doubled.
AB463,5 20Section 5. 346.22 (1) (b) 2. of the statutes is amended to read:
AB463,4,421 346.22 (1) (b) 2. If an operator of a vehicle violates s. 346.18 (6) where persons
22engaged in work in a highway maintenance or construction area, railroad
23maintenance or construction area,
utility work area, or emergency or roadside
24response area are at risk from traffic and the violation results in bodily harm, as
25defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000

1or imprisoned for not more than 9 months, or both. In addition to the penalties
2specified under this subdivision, a court may also order a person convicted under this
3subdivision to perform not fewer than 100 nor more than 200 hours of community
4service work and attend traffic safety school, as provided under s. 345.60.
AB463,6 5Section 6. 346.43 (1) (b) 3. a. of the statutes is amended to read:
AB463,4,116 346.43 (1) (b) 3. a. Except as provided in subd. 3. b., if an operator of a vehicle
7violates s. 346.37 or 346.39 where persons engaged in work in a highway
8maintenance or construction area, railroad maintenance or construction area, utility
9work area, or emergency or roadside response area are at risk from traffic, any
10applicable minimum and maximum forfeiture specified in subd. 1. for the violation
11shall be doubled.
AB463,7 12Section 7. 346.43 (1) (b) 3. b. of the statutes is amended to read:
AB463,4,2113 346.43 (1) (b) 3. b. If an operator of a vehicle violates s. 346.37 or 346.39 where
14persons engaged in work in a highway maintenance or construction area, railroad
15maintenance or construction area,
utility work area, or emergency or roadside
16response area are at risk from traffic and the violation results in bodily harm, as
17defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000
18or imprisoned for not more than 9 months, or both. In addition to the penalties
19specified under this subd. 3. b., a court may also order a person convicted under this
20subd. 3. b. to perform not fewer than 100 nor more than 200 hours of community
21service work and attend traffic safety school, as provided under s. 345.60.
AB463,8 22Section 8. 346.49 (1) (c) 1. of the statutes is amended to read:
AB463,5,323 346.49 (1) (c) 1. Except as provided in subd. 2., if an operator of a vehicle
24violates s. 346.46 (1) where persons engaged in work in a highway maintenance or
25construction area, railroad maintenance or construction area, utility work area, or

1emergency or roadside response area are at risk from traffic, any applicable
2minimum and maximum forfeiture specified in par. (a) for the violation shall be
3doubled.
AB463,9 4Section 9. 346.49 (1) (c) 2. of the statutes is amended to read:
AB463,5,135 346.49 (1) (c) 2. If an operator of a vehicle violates s. 346.46 (1) where persons
6engaged in work in a highway maintenance or construction area, railroad
7maintenance or construction area,
utility work area, or emergency or roadside
8response area are at risk from traffic and the violation results in bodily harm, as
9defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000
10or imprisoned for not more than 9 months, or both. In addition to the penalties
11specified under this subdivision, a court may also order a person convicted under this
12subdivision to perform not fewer than 100 nor more than 200 hours of community
13service work and attend traffic safety school, as provided under s. 345.60.
AB463,10 14Section 10. 346.57 (3) of the statutes is amended to read:
AB463,5,2315 346.57 (3) Conditions requiring reduced speed. The operator of every vehicle
16shall, consistent with the requirements of sub. (2), drive at an appropriate reduced
17speed when approaching and crossing an intersection or railway grade crossing,
18when approaching and going around a curve, when approaching a hillcrest, when
19traveling upon any narrow or winding roadway, when passing school children,
20highway construction or maintenance workers, railroad construction or
21maintenance workers,
sanitation workers, or other pedestrians, and when special
22hazard exists with regard to other traffic or by reason of weather or highway
23conditions.
AB463,11 24Section 11. 346.60 (3m) (a) 1. of the statutes is amended to read:
AB463,6,7
1346.60 (3m) (a) 1. Except as provided in subd. 2., if an operator of a vehicle
2violates s. 346.57 (2), (3), (4) (d) to (h), or (5) where persons engaged in work in a
3highway maintenance or construction area, railroad maintenance or construction
4area,
utility work area, or emergency or roadside response area are at risk from
5traffic or where sanitation workers are at risk from traffic and the operator knows
6or should know that sanitation workers are present, any applicable minimum and
7maximum forfeiture specified in sub. (2) or (3) for the violation shall be doubled.
AB463,12 8Section 12. 346.60 (3m) (a) 2. of the statutes is amended to read:
AB463,6,189 346.60 (3m) (a) 2. If an operator of a vehicle violates s. 346.57 (2), (3), (4) (d)
10to (h), or (5) where persons engaged in work in a highway maintenance or
11construction area, railroad maintenance or construction area, utility work area, or
12emergency or roadside response area are at risk from traffic and the violation results
13in bodily harm, as defined in s. 939.22 (4), to another, the operator may be fined not
14more than $10,000 or imprisoned for not more than 9 months, or both. In addition
15to the penalties specified under this subdivision, a court may also order a person
16convicted under this subdivision to perform not fewer than 100 nor more than 200
17hours of community service work and attend traffic safety school, as provided under
18s. 345.60.
AB463,13 19Section 13. 346.65 (5m) (a) of the statutes is amended to read:
AB463,7,220 346.65 (5m) (a) Except as provided in par. (b), if an operator of a vehicle violates
21s. 346.62 (2) to (4) where persons engaged in work in a highway maintenance or
22construction area, railroad maintenance or construction area, utility work area, or
23emergency or roadside response area are at risk from traffic or where sanitation
24workers are at risk from traffic and the operator knows or should know that

1sanitation workers are present, any applicable minimum and maximum forfeiture
2or fine specified in sub. (1), (3), (4m), or (5) for the violation shall be doubled.
AB463,14 3Section 14. 346.65 (5m) (b) of the statutes is amended to read:
AB463,7,124 346.65 (5m) (b) If an operator of a vehicle violates s. 346.62 (2) to (3) where
5persons engaged in work in a highway maintenance or construction area, railroad
6maintenance or construction area,
utility work area, or emergency or roadside
7response area are at risk from traffic and the violation results in bodily harm, as
8defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000
9or imprisoned for not more than 9 months, or both. In addition to the penalties
10specified under this paragraph, a court may also order a person convicted under this
11paragraph to perform not fewer than 100 nor more than 200 hours of community
12service work and attend traffic safety school, as provided under s. 345.60.
AB463,15 13Section 15. 346.89 (4m) of the statutes is amended to read:
AB463,7,2214 346.89 (4m) No person may drive, as defined in s. 343.305 (1) (b), any motor
15vehicle while using a cellular or other wireless telephone, including using the
16telephone for a purpose other than communication, where persons engaged in work
17in a highway maintenance or construction area, railroad maintenance or
18construction area,
utility work area, or emergency or roadside response area are at
19risk from traffic, except to report an emergency. This subsection does not apply to
20the use of a voice-operated or hands-free device if the driver of the motor vehicle does
21not use his or her hands to operate the device, except to activate or deactivate a
22feature or function of the device.
AB463,7,2323 (End)
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