LRB-2387/1
BAB:kjf:nwn
2007 - 2008 LEGISLATURE
April 19, 2007 - Introduced by Senators Jauch, Grothman, Kreitlow, Vinehout
and Schultz, cosponsored by Representatives Hubler, Musser, Gronemus,
Townsend, A. Ott, Gunderson, Ziegelbauer, Berceau, Hahn, Wood, Boyle,
Ballweg, Lothian, Owens and A. Williams. Referred to Committee on
Transportation, Tourism and Insurance.
SB158,1,8
1An Act to amend 23.33 (4) (a), (b), (c) 1. and 1m., (d) (intro.) and 1. to 7. and (e)
2(intro.) , 23.33 (4c) (a) 1., 2., 2m. and 3. and (b) 1., 2. and 2m., 23.33 (4g) (a), 23.33
3(4g) (b), 23.33 (4j), (4L) and (4p) (a) 1. and 3., (b) 4., (c) 1. and 2., (d) and (e) 1.
4and 2., 23.33 (4t), 23.33 (4x) (title), 23.33 (6), 340.01 (4) (a), 340.01 (35), 345.11
5(1r), 347.24 (1) (c), 347.415 (1g) and 347.415 (1m); and
to create 23.33 (1) (ij),
6340.01 (19d), 340.01 (25r), 340.01 (27m) and 346.02 (11m) of the statutes;
7relating to: lightweight utility vehicles, granting rule-making authority, and
8providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates a new classification of vehicles called "lightweight utility
vehicle." A lightweight utility vehicle is an engine-driven device that has a gross
weight of more than 700 pounds but not more than 1,999 pounds that is designed to
travel on four or more low-pressure tires, is equipped with a cargo area, and is used
primarily off a highway. The bill applies many of the same rules of the road to
operators of lightweight utility vehicles that are applicable to the operators of other
motor vehicles, including obedience to traffic signs and signals, rules regarding
making turns, parking, and approaching other vehicles, and the prohibition against
operating a vehicle while intoxicated or with a prohibited alcohol or other drug
concentration.
The bill places restrictions on the operation of a lightweight utility vehicle that
are similar to the restrictions placed on operating an all-terrain vehicle. Under the
bill, no person may operate a lightweight utility vehicle on any part of a freeway,
unless the freeway is not part of the federal system of interstate highways, and the
Department of Transportation (DOT) specifically authorizes the use of a lightweight
utility vehicle on that freeway.
Further, no one may operate a lightweight utility vehicle on any highway,
unless authorized by DOT, except under the following circumstances:
1. The lightweight utility vehicle is owned by a municipality, state agency, or
public utility and the operator is performing emergency or official functions in a
manner that does not jeopardize safety.
2. The operator is performing a land surveying operation in a manner that does
not jeopardize safety.
3. The operator is at least 16 years old, and he or she is crossing a roadway,
bridge, culvert, or railway.
4. The operator is at least 16 years old, and he or she is operating the
lightweight utility vehicle on a roadway that is seasonally not maintained for motor
vehicle traffic, or he or she is operating on a roadway that is designated as a route
for all-terrain vehicles or lightweight utility vehicles.
This bill requires lightweight utility vehicles during hours of darkness or on a
highway right-of-way during daylight hours to have a white headlamp able to
illuminate up to 200 feet ahead and a tail lamp visible from at least 500 feet behind
the vehicle. Lightweight utility vehicles must also have at least one hand or foot
break, a noise-suppressing muffler and a spark arrester.
The bill distinguishes lightweight utility vehicles from golf carts or low speed
vehicles. It establishes the definition for "golf cart" as a vehicle that will not exceed
20 miles per hour and is designed to carry one or more persons and their equipment
on a golf course. It establishes the definition for "low-speed vehicle" as the definition
for a "low-speed vehicle" under federal law.
The bill prohibits odometer tampering with lightweight utility vehicles.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB158, s. 1
1Section
1. 23.33 (1) (ij) of the statutes is created to read:
SB158,2,32
23.33
(1) (ij) "Lightweight utility vehicle" has the meaning specified under s.
3340.01 (25r).
SB158, s. 2
1Section
2. 23.33 (4) (a), (b), (c) 1. and 1m., (d) (intro.) and 1. to 7. and (e) (intro.)
2of the statutes are amended to read:
SB158,3,83
23.33
(4) (a)
Freeways. No person may operate an all-terrain vehicle
or a
4lightweight utility vehicle upon any part of any freeway
which that is a part of the
5federal system of interstate and defense highways. No person may operate an
6all-terrain vehicle
or a lightweight utility vehicle upon any part of any other freeway
7unless the department of transportation authorizes all-terrain vehicle
or
8lightweight utility vehicle use on that freeway.
SB158,3,129
(b)
Other highways; operation restricted. No person may operate an all-terrain
10vehicle
or a lightweight utility vehicle on a highway except as authorized under pars.
11(d) and (e) or as authorized by rules promulgated by the department and approved
12by the department of transportation.
SB158,3,1813
(c) 1. Paragraphs (a) and (b) do not apply to the operator of an all-terrain
14vehicle
or a lightweight utility vehicle owned by a municipality, state agency or
15public utility while the operator is engaged in an emergency or in the operation of
16an all-terrain vehicle
or a lightweight utility vehicle directly related to the functions
17of the municipality, state agency or public utility if safety does not require strict
18adherence to these restrictions.
SB158,3,2119
1m. Paragraphs (a) and (b) do not apply to the operator of an all-terrain vehicle
20or a lightweight utility vehicle who is engaged in land surveying operations, if safety
21does not require strict adherence to the restrictions under pars. (a) and (b).
SB158,3,2422
(d)
Operation on roadway. (intro.) A person may operate an all-terrain vehicle
23or, if the person is at least 16 years of age, a lightweight utility vehicle on the roadway
24portion of any highway only in the following situations:
SB158,4,6
11. To cross a roadway. The crossing of a roadway is authorized only if the
2crossing is done in the most direct manner practicable, if the crossing is made at a
3place where no obstruction prevents a quick and safe crossing, and if the operator
4stops the all-terrain vehicle
or the lightweight utility vehicle prior to the crossing
5and yields the right-of-way to other vehicles, pedestrians, and electric personal
6assistive mobility devices using the roadway.
SB158,4,117
2. On any roadway
which that is seasonally not maintained for motor vehicle
8traffic. Operation of an all-terrain vehicle
or a lightweight utility vehicle on this type
9of roadway is authorized only during the seasons when no maintenance occurs and
10only if the roadway is not officially closed to all-terrain vehicle
or lightweight utility
11vehicle traffic.
SB158,4,1912
3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge,
13culvert, or railroad right-of-way is not authorized if the roadway is officially closed
14to all-terrain vehicle
or lightweight utility vehicle traffic. The crossing is authorized
15only if the crossing is done in the most direct manner practicable, if the crossing is
16made at a place where no obstruction prevents a quick and safe crossing, and if the
17operator stops the all-terrain vehicle
or the lightweight utility vehicle prior to the
18crossing
and yields the right-of-way to other vehicles, pedestrians, and electric
19personal assistive mobility devices using the roadway.
SB158,4,2420
4. On roadways
which that are designated as all-terrain vehicle
or lightweight
21utility vehicle routes. Operation of all-terrain vehicles
or lightweight utility vehicles 22on a roadway which is an all-terrain vehicle
or a lightweight utility vehicle route is
23authorized only for the extreme right side of the roadway except that left turns may
24be made from any part of the roadway which is safe given prevailing conditions.
SB158,5,7
15. On roadways if the
vehicle is an all-terrain vehicle
and is an implement of
2husbandry, if the all-terrain vehicle is used exclusively for agricultural purposes and
3if the all-terrain vehicle is registered for private use under sub. (2) (d) or (2g).
4Operation of an all-terrain vehicle which is an implement of husbandry on a
5roadway is authorized only for the extreme right side of the roadway except that left
6turns may be made from any part of the roadway which is safe given prevailing
7conditions.
SB158,5,118
6. On roadways
if the vehicle is an all-terrain vehicle and if the operator
of the
9all-terrain vehicle is a person who holds a Class A permit or a Class B permit under
10s. 29.193 (2) and who is traveling for the purposes of hunting or is otherwise engaging
11in an activity authorized by the permit.
SB158,5,1312
7.
On If the vehicle is an all-terrain vehicle, on roadways of highways that are
13all-terrain vehicle trails.
SB158,5,1814
(e)
Operation adjacent to roadway. (intro.) A person may operate an all-terrain
15vehicle adjacent to a roadway on an all-terrain vehicle
route or trail
or operate an
16all-terrain vehicle or a lightweight utility vehicle adjacent to a roadway on an
17all-terrain vehicle route if the person operates the all-terrain vehicle in the
18following manner:
SB158, s. 3
19Section
3. 23.33 (4c) (a) 1., 2., 2m. and 3. and (b) 1., 2. and 2m. of the statutes
20are amended to read:
SB158,5,2521
23.33
(4c) Intoxicated operation of an all-terrain vehicle or a lightweight
22utility vehicle. (a)
Operation. 1. `Operating while under the influence of an
23intoxicant.' No person may operate an all-terrain vehicle
or a lightweight utility
24vehicle while under the influence of an intoxicant to a degree which renders him or
25her incapable of safe operation of an all-terrain vehicle
or lightweight utility vehicle.
SB158,6,3
12. `Operating with alcohol concentrations at or above specified levels.' No
2person may engage in the operation of an all-terrain vehicle
or a lightweight utility
3vehicle while the person has an alcohol concentration of 0.08 or more.
SB158,6,74
2m. `Operating with a restricted controlled substance.' No person may engage
5in the operation of an all-terrain vehicle
or a lightweight utility vehicle while the
6person has a detectable amount of a restricted controlled substance in his or her
7blood.
SB158,6,118
3. `Operating with alcohol concentrations at specified levels; below age 19.' If
9a person has not attained the age of 19, the person may not engage in the operation
10of an all-terrain vehicle
or a lightweight utility vehicle while he or she has an alcohol
11concentration of more than 0.0 but not more than 0.08.
SB158,6,1612
(b)
Causing injury. 1. ` Causing injury while under the influence of an
13intoxicant.' No person while under the influence of an intoxicant to a degree which
14renders him or her incapable of safe operation of an all-terrain vehicle
or a
15lightweight utility vehicle may cause injury to another person by the operation of an
16all-terrain vehicle
or a lightweight utility vehicle.
SB158,6,1917
2. `Causing injury with alcohol concentrations at or above specified levels.' No
18person who has an alcohol concentration of 0.08 or more may cause injury to another
19person by the operation of an all-terrain vehicle
or a lightweight utility vehicle.
SB158,6,2320
2m. `Causing injury while operating with a restricted controlled substance.' No
21person who has a detectable amount of a restricted controlled substance in his or her
22blood may cause injury to another person by the operation of an all-terrain vehicle
23or a lightweight utility vehicle.
SB158, s. 4
24Section
4. 23.33 (4g) (a) of the statutes is amended to read:
SB158,7,5
123.33
(4g) (a)
Requirement. A person shall provide a sample of his or her breath
2for a preliminary breath screening test if a law enforcement officer has probable
3cause to believe that the person is violating or has violated the intoxicated operation
4of an all-terrain vehicle
or a lightweight utility vehicle law and if, prior to an arrest,
5the law enforcement officer requested the person to provide this sample.
SB158, s. 5
6Section
5. 23.33 (4g) (b) of the statutes is amended to read:
SB158,7,127
23.33
(4g) (b)
Use of test results. A law enforcement officer may use the results
8of a preliminary breath screening test for the purpose of deciding whether or not to
9arrest a person for a violation of the intoxicated operation of an all-terrain vehicle
10or a lightweight utility vehicle law or for the purpose of deciding whether or not to
11request a chemical test under sub. (4p). Following the preliminary breath screening
12test, chemical tests may be required of the person under sub. (4p).
SB158, s. 6
13Section
6. 23.33 (4j), (4L) and (4p) (a) 1. and 3., (b) 4., (c) 1. and 2., (d) and (e)
141. and 2. of the statutes are amended to read:
SB158,7,2015
23.33
(4j) Applicability of the intoxicated operation of an all-terrain
16vehicle or a lightweight utility vehicle law. In addition to being applicable upon
17highways, the intoxicated operation of an all-terrain vehicle
or a lightweight utility
18vehicle law is applicable upon all premises held out to the public for use of their
19all-terrain
or lightweight utility vehicles, whether such premises are publicly or
20privately owned and whether or not a fee is charged for the use thereof.
