LRB-0196/5
EVM:jld:rs
2009 - 2010 LEGISLATURE
August 28, 2009 - Introduced by Senators Sullivan, Kanavas, Taylor, Holperin,
Plale
and Hansen, cosponsored by Representatives Steinbrink, Nerison,
Townsend, Brooks, Petrowski, Vos, M. Williams
and Turner. Referred to
Committee on Transportation, Tourism, Forestry, and Natural Resources.
SB278,1,6 1An Act to amend 346.05 (1) (a), 346.05 (3), 346.08 (intro.) and (1), 346.09 (4),
2346.13 (2), 346.15, 346.18 (2), 346.31 (3) (title), (a) and (b), 346.31 (4), 346.33 (1),
3346.33 (2), 346.34 (1) (b), 346.35 (1), 346.37 (1) (a) 1., 346.37 (1) (c) 3., 346.37 (1)
4(d) 1., 346.80 (2) (a) 2. and 349.10 (2); to repeal and recreate 346.33 (title); and
5to create 340.01 (73r), 346.33 (1) (e) and (f) and 346.33 (1m) of the statutes;
6relating to: U-turns on highways and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, an operator of a vehicle may not make a turn to proceed in
the opposite direction (U-turn) in certain circumstances, including at intersections
where traffic is controlled by a traffic control signal or by a traffic officer and in any
place where there are signs prohibiting U-turns erected by the authority that
maintains the highway.
This bill removes the general limitation on U-turns at intersections controlled
by traffic control signals. This bill also prohibits making U-turns on a curve or near
the crest of a grade on an undivided highway where visibility is limited, and making
U-turns when unsafe or when the U-turn would interfere with traffic.
In Kaufman v. Postle, 2001 WI App 86, 26 N.W. 2d 10, the Wisconsin Court of
Appeals determined that the statutes prohibited a motorist from passing a
left-turning vehicle on the right by use of a paved shoulder. This bill reverses that

decision by specifically allowing a motorist to pass a left-turning vehicle on the right
by use of either the roadway or a paved shoulder.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB278, s. 1 1Section 1. 340.01 (73r) of the statutes is created to read:
SB278,2,32 340.01 (73r) "U-turn" means the turning of a vehicle so as to proceed in the
3opposite direction.
SB278, s. 2 4Section 2. 346.05 (1) (a) of the statutes is amended to read:
SB278,2,75 346.05 (1) (a) When making an approach for a left turn or U-turn under
6circumstances in which the rules relating to left turns or U-turns require driving on
7the left half of the roadway; or
SB278, s. 3 8Section 3. 346.05 (3) of the statutes is amended to read:
SB278,2,159 346.05 (3) Any vehicle proceeding upon a roadway at less than the normal
10speed of traffic at the time and place and under the conditions then existing shall be
11driven in the right-hand lane then available for traffic, or as close as practicable to
12the right-hand edge or curb of the roadway, except when overtaking and passing
13another vehicle proceeding in the same direction or when preparing for a left turn
14or U-turn
at an intersection or a left turn into a private road or driveway, and except
15as provided in s. 346.072.
SB278, s. 4 16Section 4. 346.08 (intro.) and (1) of the statutes are amended to read:
SB278,3,2 17346.08 When overtaking and passing on the right permitted. (intro.)
18The operator of a vehicle may overtake and pass another vehicle upon the right only
19under conditions permitting such the movement in safety and only if the operator can
20do so without driving off the pavement or main-traveled portion of the while

1remaining on either the
roadway or a paved shoulder, and then only under the
2following conditions:
SB278,3,4 3(1) When the vehicle overtaken is making or about to make a left turn or
4U-turn
; or
SB278, s. 5 5Section 5. 346.09 (4) of the statutes is amended to read:
SB278,3,96 346.09 (4) Other provisions of this section notwithstanding, the operator of a
7vehicle shall may not overtake and pass on the left any other vehicle which, by means
8of signals as required by s. 346.34 (1), indicates its intention to make a left turn or
9U-turn
.
SB278, s. 6 10Section 6. 346.13 (2) of the statutes is amended to read:
SB278,3,1711 346.13 (2) Upon a 2-way roadway which is divided into 3 lanes the operator
12of a vehicle shall may not drive in the center lane except when overtaking and
13passing another vehicle where the roadway is clearly visible and such the center lane
14is clear of traffic within a safe distance, or in preparation for a left turn or U-turn,
15or where such the center lane is at the time allocated exclusively to traffic moving
16in the direction the vehicle is proceeding and is marked or posted to give notice of
17such the allocation.
SB278, s. 7 18Section 7. 346.15 of the statutes is amended to read:
SB278,4,5 19346.15 Driving on divided highway. Whenever any highway has been
20divided into 2 roadways by an intervening unpaved or otherwise clearly indicated
21dividing space or by a physical barrier so constructed as to substantially impede
22crossing by vehicular traffic, the operator of a vehicle shall drive only to the right of
23such the space or barrier and no operator of a vehicle shall drive over, across, or
24within any such the space or barrier except through an opening or at a crossover or
25intersection established by the authority in charge of the maintenance of the

1highway, except that the operator of a vehicle when making a left turn to or from a
2private driveway, alley, or highway or making a U-turn may drive across a paved
3dividing space or a physical barrier not so constructed as to impede crossing by
4vehicular traffic, unless such the crossing is prohibited by signs erected by the
5authority in charge of the maintenance of the highway.
SB278, s. 8 6Section 8. 346.18 (2) of the statutes is amended to read:
SB278,4,107 346.18 (2) Turning left or making a U-turn at intersection. The operator of
8a vehicle within an intersection intending to turn to the left across the path of any
9vehicle approaching from the opposite direction
or make a U-turn shall yield the
10right-of-way to such any vehicle approaching from the opposite direction.
SB278, s. 9 11Section 9. 346.31 (3) (title), (a) and (b) of the statutes are amended to read:
SB278,4,1212 346.31 (3) (title) Left turns and U-turns.
SB278,4,1713 (a) The approach for a left turn or U-turn shall be made in that the lane farthest
14to the left which is lawfully available to traffic moving in the direction of travel of the
15vehicle about to turn left. Unless otherwise marked or posted, this means the lane
16immediately to the right of the center line or center dividing strip of a 2-way highway
17and the lane next to the left-hand curb or edge of the roadway of a one-way highway.
SB278,4,2218 (b) The intersection shall be entered in the lane of approach and, whenever
19practicable, the left turn or U-turn shall be made in that portion of the intersection
20immediately to the left of the center of the intersection. For the purposes of this
21paragraph, a divided highway intersected by any other highway is considered to be
22one intersection.
SB278, s. 10 23Section 10. 346.31 (4) of the statutes is amended to read:
SB278,5,324 346.31 (4) Left turns and U-turns on 3-lane highways. On a 2-way highway
25having an uneven number of lanes the approach for a left turn or U-turn shall be

1made in the center lane thereof, unless otherwise posted or marked. A left turn into
2a 2-way highway having an uneven number of lanes shall be made so as to enter the
3highway in the lane immediately to the right of the center lane.
SB278, s. 11 4Section 11. 346.33 (title) of the statutes is repealed and recreated to read:
SB278,5,5 5346.33 (title) U-turns.
SB278, s. 12 6Section 12. 346.33 (1) of the statutes is amended to read:
SB278,5,97 346.33 (1) The operator of a vehicle shall may not turn the vehicle so as to
8proceed in the opposite direction
make a U-turn upon a highway at any of the
9following places:
SB278,5,1110 (a) At any intersection at which traffic is being controlled by traffic control
11signals or by
a traffic officer; unless instructed by the officer to make a U-turn.
SB278,5,1412 (b) In mid-block on any street in a business district, except where the highway
13is a divided highway and where the turn U-turn is made at an opening or crossover
14established by the authority in charge of the maintenance of the highway.
SB278,5,1815 (c) In mid-block on any through highway in a residence district, except where
16the highway is a divided highway and where the turn U-turn is made at an opening
17or crossover established by the authority in charge of the maintenance of the
18highway.
SB278,5,2019 (d) At any place where signs prohibiting such turn a U-turn have been erected
20by the authority in charge of the maintenance of the highway.
SB278, s. 13 21Section 13. 346.33 (1) (e) and (f) of the statutes are created to read:
SB278,5,2422 346.33 (1) (e) Upon a curve or upon the approach to or near the crest of a grade
23on any undivided highway where the vehicle cannot be seen by the driver of any other
24vehicle within 500 feet approaching from any direction.
SB278,6,2
1(f) At any place where a U-turn cannot be made safely or without interfering
2with other traffic.
SB278, s. 14 3Section 14. 346.33 (1m) of the statutes is created to read:
SB278,6,64 346.33 (1m) The operator of a vehicle shall exercise due care when making a
5U-turn upon a highway and shall only make a U-turn when the movement can be
6made safely and without interfering with other traffic.
SB278, s. 15 7Section 15. 346.33 (2) of the statutes is amended to read:
SB278,6,128 346.33 (2) The operator of a vehicle shall may not back the vehicle into an
9intersection at which turns are prohibited by sub. (1) (a) for the purpose of turning
10the vehicle so as to proceed in the opposite direction upon the highway
at an
11intersection controlled by an official traffic control device for the purpose of making
12a U-turn
.
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