LRB-0868/1
ARG:bjk:md
2009 - 2010 LEGISLATURE
October 13, 2009 - Introduced by Representatives Bies, Brooks, Lothian,
Townsend and Zepnick, cosponsored by Senators Lehman and Taylor.
Referred to Committee on Transportation.
AB492,1,3
1An Act to amend 346.89 (1), 346.89 (2) and 346.95 (1); and
to create 346.89 (3)
2and 346.89 (4) of the statutes;
relating to: inattentive driving and providing
3a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving in two forms:
1. A driver of a motor vehicle may not be so engaged or occupied as to interfere
with the safe driving of the vehicle.
2. A person may not drive a motor vehicle equipped with any device for
receiving a television broadcast if the device is located forward of the back of the
driver's seat or is visible to the driver, regardless of whether the device interferes
with the safe driving of the vehicle.
Any person who is convicted of a violation described in item 1., above, may be
required to forfeit not less than $20 nor more than $400, and any person who is
convicted of a violation described in item 2., above, may be required to forfeit not less
than $20 nor more than $40 for a first offense and not less than $50 nor more than
$100 for a second or subsequent offense within one year.
This bill modifies both existing forms of inattentive driving and creates a third
form of inattentive driving. The bill modifies the violation described in item 1.,
above, to prohibit a driver of a motor vehicle from being engaged or occupied with an
activity, other than driving the vehicle, that interferes or reasonably appears to
interfere with the person's ability to drive the vehicle safely.
The bill also modifies the violation described in item 2., above, by expanding the
prohibition to include devices for visually displaying live or recorded cable television
and satellite broadcasts, films, or other fluctuating video images, but also limits the
prohibition by excluding certain vehicles and devices.
The bill also creates a third form of inattentive driving prohibiting a person
from driving a motor vehicle while operating or being in a position to directly observe
any electronic device located within the vehicle that is activated and that is
transmitting information or providing entertainment primarily by visual means,
regardless of whether the device interferes with the safe driving of the vehicle. This
prohibition does not apply to certain vehicles and devices. Any person who is
convicted of a violation of this prohibition is subject to the same forfeiture that
applies to a violation described in item 2., above, under current law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB492, s. 1
1Section
1. 346.89 (1) of the statutes is amended to read:
AB492,2,52
346.89
(1) No person while driving a motor vehicle
shall be so may be engaged
3or occupied
as with an activity, other than driving the vehicle, that interferes or
4reasonably appears to interfere with
the safe driving of such vehicle the person's
5ability to drive the vehicle safely.
AB492, s. 2
6Section
2. 346.89 (2) of the statutes is amended to read:
AB492,2,147
346.89
(2) No Subject to sub. (4), no person
shall may drive any motor vehicle
,
8other than an authorized emergency vehicle, a commercial motor vehicle described
9in s. 340.01 (8), or a tow truck, equipped with any device for visually
receiving 10displaying a television
, cable television, or satellite broadcast
when such device is
11located in the motor vehicle at any point forward of the back of the operator's seat
12or, film, or other fluctuating video image, whether in broadcast, tape-recorded, or
13optically or electronically recorded format, when
the display for such device is visible
14to the operator while driving the motor vehicle.
AB492, s. 3
15Section
3. 346.89 (3) of the statutes is created to read:
AB492,3,516
346.89
(3) Subject to sub. (4), no person while driving a motor vehicle, other
17than an authorized emergency vehicle, a commercial motor vehicle described in s.
1340.01 (8), or a tow truck, may operate or be in a position to directly observe any
2electronic device located within the vehicle that is activated and that is transmitting
3information or providing entertainment primarily by visual means. This subsection
4does not prohibit a person from using a cellular telephone for purposes of verbal
5communication.
AB492, s. 4
6Section
4. 346.89 (4) of the statutes is created to read:
AB492,3,77
346.89
(4) Subsections (2) and (3) do not apply to any of the following:
AB492,3,98
(a) Any global positioning system device installed or mounted, either
9permanently or temporarily, in the vehicle.
AB492,3,1210
(b) The display by any device of information related to the operation, condition,
11or safety of the vehicle or that is intended to be used to enhance the driver's view
12forward, behind, or to the sides of a motor vehicle.
AB492,3,1413
(c) The display by any device of information related to traffic, road, or weather
14conditions.
AB492,3,1615
(d) Any device in a vehicle that permits the vehicle driver to monitor vehicle
16occupants seated rearward of the driver.
AB492, s. 5
17Section
5. 346.95 (1) of the statutes is amended to read:
AB492,3,2118
346.95
(1) Any person violating s. 346.87, 346.88, 346.89 (2)
or (3), 346.90 to
19346.92 or 346.94 (1), (9), (10), (11), (12) or (15) may be required to forfeit not less than
20$20 nor more than $40 for the first offense and not less than $50 nor more than $100
21for the 2nd or subsequent conviction within a year.
AB492,3,2523
(1) This act first applies to violations committed on the effective date of this
24subsection, but does not preclude the counting of other violations as prior violations
25for purposes of sentencing a person.
AB492,4,32
(1) This act takes effect on the first day of the 4th month beginning after
3publication.
