LRB-4040/1
PEN:kaf:km
1997 - 1998 LEGISLATURE
January 15, 1998 - Introduced by Senators Risser and Roessler, cosponsored by
Representatives Ryba, Boyle and La Fave. Referred to Committee on Labor,
Transportation and Financial Institutions.
SB402,1,4 1An Act to amend 23.33 (6) (a), 29.05 (4), 347.06 (1), 347.06 (4), 347.09 (1) (intro.),
2347.10 (4), 347.12 (1) (intro.) and 347.22 (1) of the statutes; relating to:
3requiring motor vehicle headlamps to be lighted whenever the vehicle is
4operated upon a highway.
Analysis by the Legislative Reference Bureau
Current law generally prohibits the operation of motor vehicles upon a highway
during hours of darkness unless the vehicle is properly equipped with lighted
headlamps.
This bill requires headlamps on motor vehicles to be lighted whenever the
motor vehicle is operated upon a highway, regardless of the time of day or
atmospheric conditions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB402, s. 1 5Section 1. 23.33 (6) (a) of the statutes is amended to read:
SB402,1,86 23.33 (6) (a) A person who operates an all-terrain vehicle during hours of
7darkness or during daylight hours
on any highway right-of-way is required to
8display a lighted headlamp and tail lamp on the all-terrain vehicle.
SB402, s. 2 9Section 2. 29.05 (4) of the statutes is amended to read:
SB402,2,910 29.05 (4) Driving without headlights. In the performance of their law
11enforcement duties under this chapter, duly authorized wardens may operate

1vehicles owned or leased by the department upon a highway, other than an
2interstate, a state trunk highway or any highway within the limits of any
3incorporated area, during hours of darkness without lighted headlamps, tail lamps
4or clearance lamps, contrary to s. 347.06, if the driving will aid in the
5accomplishment of a lawful arrest for violation of this chapter or rules promulgated
6under this chapter or in ascertaining whether a violation of this chapter or rules
7promulgated under this chapter has been or is about to be committed. Any civil
8action or proceeding brought against any warden operating a motor vehicle under
9this subsection is subject to ss. 893.82 and 895.46.
SB402, s. 3 10Section 3. 347.06 (1) of the statutes is amended to read:
SB402,2,1611 347.06 (1) Except as provided in subs. (2) and (4), no person may operate a
12vehicle upon a highway unless all headlamps with which such vehicle is required to
13be equipped are lighted.
Except as provided in subs. (2) and sub. (4), no person may
14operate a vehicle upon a highway during hours of darkness unless all headlamps, tail
15lamps and clearance lamps with which such vehicle is required to be equipped are
16lighted. Parking lamps as defined in s. 347.27 shall not be used for this purpose.
SB402, s. 4 17Section 4. 347.06 (4) of the statutes is amended to read:
SB402,2,2118 347.06 (4) A duly authorized warden, as defined in s. 24.01 (11), may operate
19a vehicle owned or leased by the department of natural resources upon a highway
20during hours of darkness without lighted headlamps, tail lamps or clearance lamps
21in the performance of the warden's duties under s. 29.05 (4).
SB402, s. 5 22Section 5. 347.09 (1) (intro.) of the statutes is amended to read:
SB402,2,2423 347.09 (1) (intro.)  No person shall operate a motor vehicle on a highway during
24hours of darkness
unless such vehicle is equipped as follows:
SB402, s. 6 25Section 6. 347.10 (4) of the statutes is amended to read:
SB402,3,8
1347.10 (4) Any motor vehicle may be operated during hours of darkness when
2equipped with 2 lighted lamps upon the front thereof capable of revealing persons
3and objects 75 feet ahead in lieu of lamps required by subs. (1) to (3) if such vehicle
4at no time is operated at a speed in excess of 20 miles per hour. No lighted lamp under
5this subsection shall have any type of decorative covering that restricts the amount
6of light emitted when the lighted lamp is in use. This subsection does not apply to
7any type of decorative covering originally equipped on the vehicle at the time of
8manufacture and sale.
SB402, s. 7 9Section 7. 347.12 (1) (intro.) of the statutes is amended to read:
SB402,3,1410 347.12 (1) (intro.)  Whenever a motor vehicle is being operated on a highway
11during hours of darkness, the operator shall use a distribution of light or composite
12beam directed high enough and of sufficient intensity to reveal a person or vehicle
13at a safe distance in advance of the vehicle, subject to the following requirements and
14limitations:
SB402, s. 8 15Section 8. 347.22 (1) of the statutes is amended to read:
SB402,3,1916 347.22 (1) No person shall operate or park a farm tractor or self-propelled farm
17implement upon a highway during hours of darkness unless such tractor or
18implement carries the lighted headlamps and tail lamps which would be required of
19other motor vehicles under similar circumstances.
SB402,3,2020 (End)
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