LRB-3767/1
BAB:wlj:jf
2007 - 2008 LEGISLATURE
January 24, 2008 - Introduced by Representatives Lothian, Petrowski, Hahn,
Berceau, Sheridan, Townsend, Mursau, Jeskewitz, Strachota, Albers,
Turner, A. Ott, Bies and Van Roy, cosponsored by Senators A. Lasee, Roessler
and Schultz. Referred to Committee on Transportation.
AB723,1,4
1An Act to amend 29.924 (2), 347.06 (1), 347.06 (4), 347.09 (1) (intro.), 347.10 (4),
2347.12 (1) (intro.) and 347.13 (1); and
to create 340.01 (43d) of the statutes;
3relating to: requiring headlights and other required lamps on vehicles to be
4lighted when visibility is limited by climatic conditions and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person may operate a vehicle upon a highway during
hours of darkness unless any required headlamps, tail lamps, and clearance lamps
on the vehicle are lighted. A person who violates this requirement may be required
to pay a forfeiture of not less than $10 nor more than $20 for a first offense and not
less than $25 nor more than $50 for a second or subsequent conviction within a year.
This bill provides that these lamps must also be lighted whenever climatic
conditions limit visibility such that objects on a highway are not clearly discernible
at a distance of 500 feet from the front of the vehicle. A person who violates this
provision is subject to the same minimum and maximum forfeiture amounts that
may be imposed for failure to use these lamps during hours of darkness.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB723, s. 1
5Section
1. 29.924 (2) of the statutes is amended to read:
AB723,2,10
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
or
5during a period of limited visibility without lighted headlamps, tail lamps
, or
6clearance lamps, contrary to s. 347.06, if the driving will aid in the accomplishment
7of a lawful arrest for violation of this chapter or in ascertaining whether a violation
8of this chapter has been or is about to be committed. Any civil action or proceeding
9brought against any warden operating a motor vehicle under this subsection is
10subject to ss. 893.82 and 895.46.
AB723, s. 2
11Section
2. 340.01 (43d) of the statutes is created to read:
AB723,2,1412
340.01
(43d) "Period of limited visibility" means any time that climatic
13conditions limit visibility such that objects on a highway are not clearly discernible
14at 500 feet from the front of a vehicle.
AB723, s. 3
15Section
3. 347.06 (1) of the statutes is amended to read:
AB723,2,2316
347.06
(1) Except as provided in subs. (2) and (4), no person may operate a
17vehicle upon a highway during hours of darkness
or during a period of limited
18visibility unless all headlamps, tail lamps
, and clearance lamps with which
such the 19vehicle is required to be equipped are lighted. Parking lamps as
defined described 20in s. 347.27
shall may not be used for this purpose.
This subsection does not apply
21if lamps that are automatically activated whenever the vehicle is started are in use,
22if the headlamps are of sufficient intensity to satisfy the requirements for daytime
23running lamps under 49 CFR 571.108, S5.5.11 (a). AB723, s. 4
24Section
4. 347.06 (4) of the statutes is amended to read:
AB723,3,5
1347.06
(4) A duly authorized warden, as defined in s. 24.01 (11), may operate
2a vehicle owned or leased by the department of natural resources upon a highway
3during hours of darkness
or during a period of limited visibility without lighted
4headlamps, tail lamps
, or clearance lamps in the performance of the warden's duties
5under s. 29.924 (2).
AB723, s. 5
6Section
5. 347.09 (1) (intro.) of the statutes is amended to read:
AB723,3,97
347.09
(1) (intro.) No person shall operate a motor vehicle on a highway during
8hours of darkness
or during a period of limited visibility, unless
such the vehicle is
9equipped as follows:
AB723, s. 6
10Section
6. 347.10 (4) of the statutes is amended to read:
AB723,3,1811
347.10
(4) Any motor vehicle may be operated during hours of darkness
or
12during a period of limited visibility when equipped with 2 lighted lamps upon the
13front
thereof of the motor vehicle capable of revealing persons and objects 75 feet
14ahead in lieu of lamps required by subs. (1) to (3) if such vehicle at no time is operated
15at a speed in excess of 20 miles per hour. No lighted lamp under this subsection shall
16have any type of decorative covering that restricts the amount of light emitted when
17the lighted lamp is in use. This subsection does not apply to any type of decorative
18covering originally equipped on the vehicle at the time of manufacture and sale.
AB723, s. 7
19Section
7. 347.12 (1) (intro.) of the statutes is amended to read:
AB723,3,2420
347.12
(1) (intro.) Whenever a motor vehicle is being operated on a highway
21during hours of darkness
or during a period of limited visibility, the operator shall
22use a distribution of light or composite beam directed high enough and of sufficient
23intensity to reveal a person or vehicle at a safe distance in advance of the vehicle,
24subject to the following requirements and limitations:
AB723, s. 8
25Section
8. 347.13 (1) of the statutes is amended to read:
AB723,4,12
1347.13
(1) No person shall operate a motor vehicle, mobile home
, or trailer or
2semitrailer upon a highway during hours of darkness
or during a period of limited
3visibility unless
such the motor vehicle, mobile home
, or trailer or semitrailer is
4equipped with at least one tail lamp mounted on the rear which, when lighted during
5hours of darkness, emits a red light plainly visible from a distance of 500 feet to the
6rear. No tail lamp shall have any type of decorative covering that restricts the
7amount of light emitted when the tail lamp is in use. No vehicle originally equipped
8at the time of manufacture and sale with 2 tail lamps shall be operated upon a
9highway during hours of darkness
or during a period of limited visibility unless both
10such lamps are in good working order. This subsection does not apply to any type of
11decorative covering originally equipped on the vehicle at the time of manufacture
12and sale.
