AB303,9,157 (c) 1. `Additional chemical test.' If a person is arrested for a violation of the
8intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law or
9is the operator of an all-terrain vehicle involved in an accident resulting in great
10bodily harm to or the death of someone and if the person is requested to provide a
11sample or to submit to a test under par. (a) 1., the person may request the test facility
12to administer the additional chemical test specified under par. (b) 3. or, at his or her
13own expense, reasonable opportunity to have any qualified person administer a
14chemical test of his or her breath, blood or urine for the purpose of authorized
15analysis.
AB303,9,2416 2. `Optional test.' If a person is arrested for a violation of the intoxicated
17operation of an all-terrain vehicle or a lightweight utility vehicle law and if the
18person is not requested to provide a sample or to submit to a test under par. (a) 1.,
19the person may request the test facility to administer a chemical test of his or her
20breath or, at his or her own expense, reasonable opportunity to have any qualified
21person administer a chemical test of his or her breath, blood or urine for the purpose
22of authorized analysis. If a test facility is unable to perform a chemical test of breath,
23the person may request the test facility to administer the designated chemical test
24under par. (b) 2. or the additional chemical test under par. (b) 3.
AB303,10,10
1(d) Admissibility; effect of test results; other evidence. The results of a chemical
2test required or administered under par. (a), (b) or (c) are admissible in any civil or
3criminal action or proceeding arising out of the acts committed by a person alleged
4to have violated the intoxicated operation of an all-terrain vehicle or a lightweight
5utility vehicle
law on the issue of whether the person was under the influence of an
6intoxicant or the issue of whether the person had alcohol concentrations at or above
7specified levels or a detectable amount of a restricted controlled substance in his or
8her blood. Results of these chemical tests shall be given the effect required under s.
9885.235. This subsection does not limit the right of a law enforcement officer to
10obtain evidence by any other lawful means.
AB303,10,1311 (e) 1. Whether the law enforcement officer had probable cause to believe the
12person was violating or had violated the intoxicated operation of an all-terrain
13vehicle or a lightweight utility vehicle law.
AB303,10,1514 2. Whether the person was lawfully placed under arrest for violating the
15intoxicated operation of an all-terrain vehicle or a lightweight utility vehicle law.
AB303, s. 7 16Section 7. 23.33 (4t) of the statutes is amended to read:
AB303,10,2017 23.33 (4t) Report arrest to department. If a law enforcement officer arrests
18a person for a violation of the intoxicated operation of an all-terrain vehicle or a
19lightweight utility vehicle
law or the refusal law, the law enforcement officer shall
20notify the department of the arrest as soon as practicable.
AB303, s. 8 21Section 8. 23.33 (4x) (title) of the statutes is amended to read:
AB303,10,2322 23.33 (4x) (title) Officer's action after arrest for operating an all-terrain
23vehicle
or a lightweight utility vehicle while under influence of intoxicant.
AB303, s. 9 24Section 9. 23.33 (6) of the statutes is amended to read:
AB303,11,4
123.33 (6) Equipment requirements. (a) A person who operates an all-terrain
2vehicle or a lightweight utility vehicle during hours of darkness or during daylight
3hours on any highway right-of-way is required to display a lighted headlamp and
4tail lamp on the all-terrain vehicle or the lightweight utility vehicle.
AB303,11,85 (b) The headlamp on an all-terrain vehicle or a lightweight utility vehicle is
6required to display a white light of sufficient illuminating power to reveal any
7person, vehicle or substantial object at a distance of at least 200 feet ahead of the
8all-terrain vehicle or the lightweight utility vehicle.
AB303,11,119 (c) The tail lamp on an all-terrain vehicle or a lightweight utility vehicle is
10required to display a red light plainly visible during hours of darkness from a
11distance of 500 feet to the rear.
AB303,11,1312 (d) Every all-terrain vehicle and lightweight utility vehicle is required to be
13equipped with at least one brake operated either by hand or by foot.
AB303,11,1614 (e) Every all-terrain vehicle and lightweight utility vehicle is required to be
15equipped with a functioning muffler to prevent excessive or unusual noise and with
16a functioning spark arrester of a type approved by the U.S. forest service.
AB303, s. 10 17Section 10. 340.01 (4) (a) of the statutes is amended to read:
AB303,11,2018 340.01 (4) (a) Type 1 is a motor vehicle designed and used primarily for carrying
19persons but which does not come within the definition of a motor bus, motorcycle,
20moped or, motor bicycle, or low-speed vehicle.
AB303, s. 11 21Section 11. 340.01 (19d) of the statutes is created to read:
AB303,11,2522 340.01 (19d) "Golf cart" means a vehicle whose speed attainable in one mile
23does not exceed 20 miles per hour on a paved, level surface, and is designed and
24intended to convey one or more persons and equipment to play the game of golf in an
25area designated as a golf course.
AB303, s. 12
1Section 12. 340.01 (25r) of the statutes is created to read:
AB303,12,102 340.01 (25r) "Lightweight utility vehicle" means an engine-driven device
3having a gross weight of more than 700 pounds but not more than 1,999 pounds that
4is designed to travel on four or more low-pressure tires, is equipped with a cargo
5area, and is used primarily off a highway. For the purposes of this subsection, a "low
6pressure tire" is a tire that is designed to be mounted on a rim with a maximum
7diameter of 13 inches and to be inflated with an operating pressure not to exceed 8
8pounds per square inch as recommended by the manufacturer. The definition of
9"lightweight utility vehicle" does not include golf carts, low-speed vehicles, or
10off-road utility vehicles.
AB303, s. 13 11Section 13. 340.01 (27m) of the statutes is created to read:
AB303,12,1512 340.01 (27m) "Low-speed vehicle" means a low-speed vehicle, as defined in 49
13CFR 571.3
, that satisfies the equipment standards under 49 CFR 571.500 and that
14was originally manufactured to meet the applicable equipment standards under 49
15CFR 571.500
. "Low-speed vehicle" does not include a golf cart.
AB303, s. 14 16Section 14. 340.01 (35) of the statutes is amended to read:
AB303,12,2317 340.01 (35) "Motor vehicle" means a vehicle, including a combination of 2 or
18more vehicles or an articulated vehicle, which is self-propelled, except a vehicle
19operated exclusively on a rail. "Motor vehicle" includes, without limitation, a
20commercial motor vehicle or a vehicle which is propelled by electric power obtained
21from overhead trolley wires but not operated on rails. A snowmobile , a lightweight
22utility vehicle,
and an all-terrain vehicle shall only be considered motor vehicles for
23purposes made specifically applicable by statute.
AB303, s. 15 24Section 15. 345.11 (1r) of the statutes is amended to read:
AB303,13,7
1345.11 (1r) The uniform traffic citation or the citation form under s. 23.54 shall
2be used for violations of s. 23.33 relating to highway use or ordinances in conformity
3with that section if the violation is committed on a highway, but no points may be
4assessed against the driving record of the operator of an all-terrain vehicle or a
5lightweight utility vehicle
. When the uniform traffic citation is used, the report of
6conviction shall be forwarded to the department. When the citation form under s.
723.54 is used, the procedure in ss. 23.50 to 23.85 applies.
AB303, s. 16 8Section 16. 346.02 (11m) of the statutes is created to read:
AB303,13,149 346.02 (11m) Applicability to lightweight utility vehicles. The operator of
10a lightweight utility vehicle on a roadway is subject to ss. 346.04, 346.06, 346.11,
11346.14 (1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37,
12346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53,
13346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1), and 346.94 (1) and
14(9) but is not subject to any other provision of this chapter.
AB303, s. 17 15Section 17. 347.24 (1) (c) of the statutes is amended to read:
AB303,13,1816 347.24 (1) (c) An implement of husbandry which is an all-terrain vehicle or a
17lightweight utility vehicle
need only comply with the lamp requirements established
18under s. 23.33 (6).
AB303, s. 18 19Section 18. 347.415 (1g) of the statutes is amended to read:
AB303,13,2520 347.415 (1g) In this section, "odometer" means an instrument for measuring
21and recording the actual distance that a motor vehicle, snowmobile, or all-terrain
22vehicle, or lightweight utility vehicle has traveled while in operation, but does not
23include any auxiliary instrument designed to be reset to zero to measure and record
24the actual distance that a motor vehicle, snowmobile, or all-terrain vehicle, or
25lightweight utility vehicle
has traveled on trips.
AB303, s. 19
1Section 19. 347.415 (1m) of the statutes is amended to read:
AB303,14,52 347.415 (1m) No person may, either personally or through an agent, remove,
3replace, disconnect, reset, tamper with, alter, or fail to connect the odometer of any
4motor vehicle, snowmobile, or all-terrain vehicle , or lightweight utility vehicle with
5the intent to change or affect the number of miles indicated thereon.
AB303,14,66 (End)
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