LRB-0883/1
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2001 - 2002 LEGISLATURE
February 1, 2001 - Introduced by Representatives Schneider, Ryba, La Fave and
Boyle, cosponsored by Senator Wirch. Referred to Committee on Highway
Safety.
AB82,1,5
1An Act to amend 29.924 (2), 347.06 (1), 347.06 (4), 347.09 (1) (intro.), 347.10 (4),
2347.12 (1) (intro.), 347.13 (1), 347.16 (1) (intro.) and 347.16 (2) (intro.) of the
3statutes;
relating to: requiring headlights and other required lamps on
4vehicles to be lighted during inclement weather conditions and providing a
5penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person, with limited exceptions, may operate a vehicle
upon a highway during hours of darkness unless any required headlamps, tail
lamps, and clearance lamps of the vehicle are lighted. This bill provides that these
lamps must also be lighted whenever it is raining, snowing, sleeting, or hailing, or
any other time when visibility is impaired by inclement weather conditions. A
person who violates any of these provisions may be required to forfeit not less than
$10 nor more than $20 for a first offense and not less than $25 nor more than $50 for
a 2nd or subsequent conviction within a year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB82, s. 1
6Section
1. 29.924 (2) of the statutes is amended to read:
AB82,2,11
129.924
(2) Driving without headlights. In the performance of their law
2enforcement duties, wardens may operate motor vehicles owned or leased by the
3department upon a highway, other than an interstate, a state trunk highway
, or any
4highway within the limits of any incorporated area, during hours of darkness
,
5whenever it is raining, snowing, sleeting, or hailing, or at any other time when
6visibility is impaired by inclement weather conditions, without lighted headlamps,
7tail lamps
, or clearance lamps, contrary to s. 347.06
(1), if the driving will aid in the
8accomplishment of a lawful arrest for violation of this chapter or in ascertaining
9whether a violation of this chapter has been or is about to be committed. Any civil
10action or proceeding brought against any warden operating a motor vehicle under
11this subsection is subject to ss. 893.82 and 895.46.
AB82, s. 2
12Section
2. 347.06 (1) of the statutes is amended to read:
AB82,2,1813
347.06
(1) Except as provided in subs. (2) and (4), no person may operate a
14vehicle upon a highway during hours of darkness
, whenever it is raining, snowing,
15sleeting, or hailing, or at any other time when visibility is impaired by inclement
16weather conditions, unless all headlamps, tail lamps
, and clearance lamps with
17which such vehicle is required to be equipped are lighted. Parking lamps as
defined 18described in s. 347.27 shall not be used for this purpose.
AB82, s. 3
19Section
3. 347.06 (4) of the statutes is amended to read:
AB82,2,2520
347.06
(4) A duly authorized warden, as defined in s. 24.01 (11), may operate
21a vehicle owned or leased by the department of natural resources upon a highway
22during hours of darkness
, whenever it is raining, snowing, sleeting, or hailing, or at
23any other time when visibility is impaired by inclement weather conditions, without
24lighted headlamps, tail lamps
, or clearance lamps in the performance of the warden's
25duties under s. 29.924 (2).
AB82, s. 4
1Section
4. 347.09 (1) (intro.) of the statutes is amended to read:
AB82,3,52
347.09
(1) (intro.) No person shall operate a motor vehicle on a highway during
3hours of darkness
, whenever it is raining, snowing, sleeting, or hailing, or at any
4other time when visibility is impaired by inclement weather conditions, unless such
5vehicle is equipped as follows:
AB82, s. 5
6Section
5. 347.10 (4) of the statutes is amended to read:
AB82,3,157
347.10
(4) Any motor vehicle may be operated during hours of darkness
,
8whenever it is raining, snowing, sleeting, or hailing, or at any other time when
9visibility is impaired by inclement weather conditions, when equipped with 2 lighted
10lamps upon the front thereof capable of revealing persons and objects 75 feet ahead
11in lieu of lamps required by subs. (1) to (3) if such vehicle at no time is operated at
12a speed in excess of 20 miles per hour. No lighted lamp under this subsection shall
13have any type of decorative covering that restricts the amount of light emitted when
14the lighted lamp is in use. This subsection does not apply to any type of decorative
15covering originally equipped on the vehicle at the time of manufacture and sale.
AB82, s. 6
16Section
6. 347.12 (1) (intro.) of the statutes is amended to read:
AB82,3,2217
347.12
(1) (intro.) Whenever a motor vehicle is being operated on a highway
18during hours of darkness
, whenever it is raining, snowing, sleeting, or hailing, or at
19any other time when visibility is impaired by inclement weather conditions, the
20operator shall use a distribution of light or composite beam directed high enough and
21of sufficient intensity to reveal a person or vehicle at a safe distance in advance of
22the vehicle, subject to the following requirements and limitations:
AB82, s. 7
23Section
7. 347.13 (1) of the statutes is amended to read:
AB82,4,1224
347.13
(1) No person shall operate a motor vehicle, mobile home
or, trailer or
25semitrailer upon a highway during hours of darkness
, whenever it is raining,
1snowing, sleeting, or hailing, or at any other time when visibility is impaired by
2inclement weather conditions, unless such motor vehicle, mobile home
or, trailer or
3semitrailer is equipped with at least one tail lamp mounted on the rear which, when
4lighted during hours of darkness
, whenever it is raining, snowing, sleeting, or
5hailing, or at any other time when visibility is impaired by inclement weather
6conditions, emits a red light plainly visible from a distance of 500 feet to the rear.
7No tail lamp shall have any type of decorative covering that restricts the amount of
8light emitted when the tail lamp is in use. No vehicle originally equipped at the time
9of manufacture and sale with 2 tail lamps shall be operated upon a highway during
10hours of darkness unless both such lamps are in good working order. This subsection
11does not apply to any type of decorative covering originally equipped on the vehicle
12at the time of manufacture and sale.
AB82, s. 8
13Section
8. 347.16 (1) (intro.) of the statutes is amended to read:
AB82,4,1814
347.16
(1) (intro.) No person shall operate on a highway
during hours of
15darkness any vehicle, except automobiles, having a width at any part in excess of 80
16inches
during hours of darkness, whenever it is raining, snowing, sleeting, or hailing,
17or at any other time when visibility is impaired by inclement weather conditions, 18unless such vehicle is equipped with:
AB82, s. 9
19Section
9. 347.16 (2) (intro.) of the statutes is amended to read:
AB82,4,2320
347.16
(2) (intro.) No person shall operate any of the following vehicles on a
21highway during hours of darkness
, whenever it is raining, snowing, sleeting, or
22hailing, or at any other time when visibility is impaired by inclement weather
23conditions, unless such vehicles are equipped as indicated:
