Skip navigation Wisconsin State Legislature
Up
AB369,15,96 (c) The secretary of natural resources shall submit the written comments that
7the secretary receives under par. (b) 2. to the natural resources board and to the
8secretary of administration with the department's submission of its budget report
9under s. 16.42.
AB369,15,1510 (d) Before March 1 of each odd-numbered year, the off-highway vehicle council
11shall meet and review the provisions that are included in the executive budget bill
12or bills that affect off-highway vehicles or the operation of off-highway vehicles. A
13member of the off-highway vehicle council may submit his or her written comments
14on these provisions to the secretary of natural resources before March 10 of each
15odd-numbered year.
AB369,15,1916 (e) The secretary of natural resources shall submit the written comments that
17he or she receives under par. (b) 2. or (d) before March 10 of the odd-numbered year
18to the cochairpersons of the joint committee on finance before March 15 of that
19odd-numbered year.
AB369,15,22 20(4) Operation of off-highway vehicles. (a) Operator's license required. No
21person may operate an off-highway vehicle unless the person possesses a valid
22operator's license issued under ch. 343.
AB369,15,2523 (b) General restrictions. No person may operate a Class B off-highway vehicle,
24and no person may operate a Class A off-highway vehicle that is not registered under
25ch. 341, in the following manner:
AB369,16,2
11. On public property except on an off-highway vehicle trail that is posted as
2open to the operation of off-highway vehicles.
AB369,16,43 2. On the private property of another without the consent of the owner or lessee.
4Failure to post private property does not imply consent for off-highway vehicle use.
AB369,16,55 3. In any careless way so as to endanger the person or property of another.
AB369,16,86 4. On Indian lands without the consent of the tribal governing body or Indian
7owner. Failure to post Indian lands does not imply consent for off-highway vehicle
8use.
AB369,16,109 5. With any crossbow in his or her possession unless the crossbow is not cocked
10or is unloaded and enclosed in a carrying case.
AB369,16,1211 6. With any bow in his or her possession unless the bow does not have an arrow
12nocked.
AB369,16,1613 7. With any firearm in his or her possession unless the firearm is unloaded or
14is a handgun, as defined in s. 175.60 (1) (bm). This subdivision does not apply to a
15firearm that is placed or possessed on an off-highway vehicle that is stationary, as
16defined in s. 167.31 (1) (fg).
AB369,16,1817 8. To drive or pursue any animal except as part of normal farming operations
18involving the driving of livestock.
AB369,16,1919 9. In a manner that violates rules promulgated by the department.
AB369,16,2220 (c) Restrictions on public land; department requirements. 1. The department
21shall establish seasons during which a person may operate an off-highway vehicle
22on designated trails in state forest lands.
AB369,17,223 2. On or before the first day of the 7th month beginning after the effective date
24of this subdivision .... [LRB inserts date], the department shall prepare maps that
25identify each off-highway vehicle trail in this state. The department shall update
1the maps at least annually and shall make them available to the public on the
2department's Internet site.
AB369,17,43 (d) Operation on roadway. A person may operate a Class B off-highway vehicle
4on the roadway portion of any highway only in the following situations:
AB369,17,105 1. To cross a roadway. The crossing of a roadway is authorized only if the
6crossing is done in the most direct manner practicable, if the crossing is made at a
7place where no obstruction prevents a quick and safe crossing, and if the operator
8stops the off-highway vehicle prior to the crossing and yields the right-of-way to
9other vehicles, pedestrians, and electric personal assistive mobility devices using the
10roadway.
AB369,17,1411 2. On any roadway that is seasonally not maintained for motor vehicle traffic.
12Operation of an off-highway vehicle on this type of roadway is authorized only
13during the seasons when no maintenance occurs and only if the roadway is not
14officially closed to off-highway vehicle traffic.
AB369,17,2115 3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge,
16culvert, or railroad right-of-way is not authorized if the roadway is officially closed
17to off-highway vehicle traffic. The crossing is authorized only if the crossing is done
18in the most direct manner practicable, if the crossing is made at a place where no
19obstruction prevents a quick and safe crossing, and if the operator stops the vehicle
20prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and
21electric personal assistive mobility devices using the roadway.
AB369,17,2222 4. On roadways of highways that are off-highway vehicle trails.
AB369,17,25 23(4c) Intoxicated operation of an off-highway vehicle. (a) Operation. 1. No
24person may operate an off-highway vehicle while under the influence of an
25intoxicant.
AB369,18,2
12. No person may operate an off-highway vehicle while the person has an
2alcohol concentration above 0.0.
AB369,18,43 3. No person may operate an off-highway vehicle while the person has a
4detectable amount of a restricted controlled substance in his or her blood.
AB369,18,125 4. A person may be charged with and a prosecutor may proceed upon a
6complaint based upon a violation of any combination of subd. 1., 2., or 3. for acts
7arising out of the same incident or occurrence. If the person is charged with violating
8any combination of subd. 1., 2., or 3., the offenses shall be joined. If the person is
9found guilty of any combination of subd. 1., 2., or 3. for acts arising out of the same
10incident or occurrence, there shall be a single conviction for purposes of sentencing.
11Subdivisions 1., 2., and 3. each require proof of a fact for conviction that the others
12do not require.
AB369,18,1913 5. In an action under subd. 3. that is based on the defendant allegedly having
14a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or
15delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
16or she proves by a preponderance of the evidence that at the time of the incident or
17occurrence he or she had a valid prescription for methamphetamine or one of its
18metabolic precursors, gamma-hydroxybutyric acid, or
19delta-9-tetrahydrocannabinol.
AB369,18,2120 (b) Causing injury. 1. No person while under the influence of an intoxicant may
21cause injury to another person by the operation of an off-highway vehicle.
AB369,18,2322 2. No person who has an alcohol concentration above 0.0 may cause injury to
23another person by the operation of an off-highway vehicle.
AB369,19,3
13. No person who has a detectable amount of a restricted controlled substance
2in his or her blood may cause injury to another person by the operation of an
3off-highway vehicle.
AB369,19,124 4. A person may be charged with and a prosecutor may proceed upon a
5complaint based upon a violation of any combination of subd. 1., 2., or 3. for acts
6arising out of the same incident or occurrence. If the person is charged with violating
7any combination of subd. 1., 2., or 3. in the complaint, the crimes shall be joined under
8s. 971.12. If the person is found guilty of any combination of subd. 1., 2., or 3. for acts
9arising out of the same incident or occurrence, there shall be a single conviction for
10purposes of sentencing and counting convictions under sub. (14) (b) 2. and 3.
11Subdivisions 1., 2., and 3. each require proof of a fact for conviction that the others
12do not require.
AB369,19,1813 5. a. In an action under this paragraph, the defendant has a defense if he or she
14proves by a preponderance of the evidence that the injury would have occurred even
15if he or she had been exercising due care and he or she had not been under the
16influence of an intoxicant, did not have an alcohol concentration of more than 0.0, or
17did not have a detectable amount of a restricted controlled substance in his or her
18blood.
AB369,19,2519 b. In an action under subd. 3. that is based on the defendant allegedly having
20a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or
21delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
22or she proves by a preponderance of the evidence that at the time of the incident or
23occurrence he or she had a valid prescription for methamphetamine or one of its
24metabolic precursors, gamma-hydroxybutyric acid, or
25delta-9-tetrahydrocannabinol.
AB369,20,5
1(4g) Preliminary breath screening test. (a) Requirement. A person shall
2provide a sample of his or her breath for a preliminary breath screening test if a law
3enforcement officer has probable cause to believe that the person is violating or has
4violated the intoxicated operation of an off-highway vehicle law and if, prior to an
5arrest, the law enforcement officer requested the person to provide this sample.
AB369,20,116 (b) Use of test results. A law enforcement officer may use the results of a
7preliminary breath screening test for the purpose of deciding whether or not to arrest
8a person for a violation of the intoxicated operation of an off-highway vehicle law or
9for the purpose of deciding whether or not to request a chemical test under sub. (4p).
10Following the preliminary breath screening test, chemical tests may be required of
11the person under sub. (4p).
AB369,20,1512 (c) Admissibility. The result of a preliminary breath screening test is not
13admissible in any action or proceeding except to show probable cause for an arrest,
14if the arrest is challenged, or to show that a chemical test was properly required of
15a person under sub. (4p).
AB369,20,1716 (d) Refusal. There is no penalty for a violation of par. (a). Subsection (14) (a)
17and the general penalty provision under s. 939.61 do not apply to that violation.
AB369,20,20 18(4j) Applicability of the intoxicated operation of an off-highway vehicle
19law. The intoxicated operation of an off-highway vehicle law applies to the operation
20of an off-highway vehicle on any off-highway vehicle trail.
AB369,21,2 21(4L) Implied consent. Any person who engages in the operation of an
22off-highway vehicle on any off-highway vehicle trail is deemed to have given consent
23to provide one or more samples of his or her breath, blood, or urine for the purpose
24of authorized analysis as required under sub. (4p). Any person who engages in the
25operation of an off-highway vehicle on any off-highway vehicle trail is considered
1to have given consent to submit to one or more chemical tests of his or her breath,
2blood, or urine for the purpose of authorized analysis as required under sub. (4p).
AB369,21,10 3(4p) Chemical tests. (a) Requirement. 1. A person shall provide one or more
4samples of his or her breath, blood, or urine for the purpose of authorized analysis
5if he or she is arrested for a violation of the intoxicated operation of an off-highway
6vehicle law and if he or she is requested to provide the sample by a law enforcement
7officer. A person shall submit to one or more chemical tests of his or her breath, blood,
8or urine for the purpose of authorized analysis if he or she is arrested for a violation
9of the intoxicated operation of an off-highway vehicle law and if he or she is
10requested to submit to the test by a law enforcement officer.
AB369,21,1311 2. A law enforcement officer requesting a person to provide a sample or to
12submit to a chemical test under subd. 1. shall inform the person of all of the following
13at the time of the request and prior to obtaining the sample or administering the test:
AB369,21,1414 a. That he or she is deemed to have consented to tests under sub. (4L).
AB369,21,1715 b. That a refusal to provide a sample or to submit to a chemical test constitutes
16a violation under par. (e) and is subject to the same penalties and procedures as a
17violation of sub. (4c) (a) 1.
AB369,21,1918 c. That in addition to the designated chemical test under par. (b) 2., he or she
19may have an additional chemical test under par. (c) 1.
AB369,21,2520 3. A person who is unconscious or otherwise not capable of withdrawing
21consent is presumed not to have withdrawn consent under this paragraph, and if a
22law enforcement officer has probable cause to believe that the person violated the
23intoxicated operation of an off-highway vehicle law, one or more chemical tests may
24be administered to the person without a request under subd. 1. and without
25providing information under subd. 2.
AB369,22,5
1(b) Chemical tests. 1. Upon the request of a law enforcement officer, a test
2facility shall administer a chemical test of breath, blood, or urine for the purpose of
3authorized analysis. A test facility shall be prepared to administer 2 of 3 of these
4tests for the purpose of authorized analysis. The department may enter into
5agreements for the cooperative use of test facilities.
AB369,22,76 2. A test facility shall designate one chemical test of breath, blood, or urine that
7it is prepared to administer first for the purpose of authorized analysis.
AB369,22,108 3. A test facility shall specify another chemical test of breath, blood, or urine,
9other than the test designated under subd. 2., that it is prepared to administer for
10the purpose of authorized analysis as an additional chemical test.
AB369,22,2111 4. A chemical test of blood or urine conducted for the purpose of authorized
12analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of
13the laboratory of hygiene, department of health services, and department of
14transportation under s. 343.305 (6) apply to a chemical test of blood or urine
15conducted for the purpose of authorized analysis under this subsection. Blood may
16be withdrawn from a person arrested for a violation of the intoxicated operation of
17an off-highway vehicle law only by a physician, registered nurse, medical
18technologist, physician assistant, or person acting under the direction of a physician.
19The person who withdraws the blood, the employer of that person, and any hospital
20where blood is withdrawn have immunity from civil or criminal liability as provided
21under s. 895.53.
AB369,23,322 5. A test facility that administers a chemical test of breath, blood, or urine for
23the purpose of authorized analysis under this subsection shall prepare a written
24report, which shall include the findings of the chemical test, the identification of the
25law enforcement officer or the person who requested a chemical test, and the
1identification of the person who provided the sample or submitted to the chemical
2test. The test facility shall transmit a copy of the report to the law enforcement officer
3and the person who provided the sample or submitted to the chemical test.
AB369,23,124 (c) Additional and optional chemical tests. 1. If a person is arrested for a
5violation of the intoxicated operation of an off-highway vehicle law or is the operator
6of an off-highway vehicle involved in an accident resulting in great bodily harm to
7or the death of someone and if the person is requested to provide a sample or to
8submit to a test under par. (a) 1., the person may request the test facility to
9administer the additional chemical test specified under par. (b) 3. or may request, at
10his or her own expense, a reasonable opportunity to have any qualified person
11administer a chemical test of his or her breath, blood, or urine for the purpose of
12authorized analysis.
AB369,23,2113 2. If a person is arrested for a violation of the intoxicated operation of an
14off-highway vehicle law and if the person is not requested to provide a sample or to
15submit to a test under par. (a) 1., the person may request the test facility to
16administer a chemical test of his or her breath or may request, at his or her own
17expense, a reasonable opportunity to have any qualified person administer a
18chemical test of his or her breath, blood, or urine for the purpose of authorized
19analysis. If a test facility is unable to perform a chemical test of breath, the person
20may request the test facility to administer the designated chemical test under par.
21(b) 2. or the additional chemical test under par. (b) 3.
AB369,23,2322 3. A test facility shall comply with a request under this paragraph to
23administer any chemical test it is able to perform.
AB369,24,3
14. The failure or inability of a person to obtain a chemical test at his or her own
2expense does not preclude the admission of evidence of the results of a chemical test
3required and administered under pars. (a) and (b).
AB369,24,134 (d) Admissibility; effect of test results; other evidence. The results of a chemical
5test required or administered under par. (a), (b), or (c) are admissible in any civil or
6criminal action or proceeding arising out of the acts committed by a person alleged
7to have violated the intoxicated operation of an off-highway vehicle law on the issue
8of whether the person was under the influence of an intoxicant or the issue of
9whether the person had alcohol concentrations above specified levels or a detectable
10amount of a restricted controlled substance in his or her blood. Results of these
11chemical tests shall be given the effect required under s. 885.235. This subsection
12does not limit the right of a law enforcement officer to obtain evidence by any other
13lawful means.
AB369,24,2114 (e) Refusal. No person may refuse a lawful request to provide one or more
15samples of his or her breath, blood, or urine or to submit to one or more chemical tests
16under par. (a). A person shall not be considered to have refused to provide a sample
17or to submit to a chemical test if it is shown by a preponderance of the evidence that
18the refusal was due to a physical inability to provide the sample or to submit to the
19test due to a physical disability or disease unrelated to the use of an intoxicant.
20Issues in any action concerning violation of par. (a) or this paragraph are limited to
21the following:
AB369,24,2422 1. Whether the law enforcement officer had probable cause to believe the
23person was violating or had violated the intoxicated operation of an off-highway
24vehicle law.
AB369,25,2
12. Whether the person was lawfully placed under arrest for violating the
2intoxicated operation of an off-highway vehicle law.
AB369,25,63 3. Whether the law enforcement officer requested the person to provide a
4sample or to submit to a chemical test and provided the information required under
5par. (a) 2. or whether the request and information were unnecessary under par. (a)
63.
AB369,25,87 4. Whether the person refused to provide a sample or to submit to a chemical
8test.
AB369,25,12 9(4t) Report arrest to department. If a law enforcement officer arrests a person
10for a violation of the intoxicated operation of an off-highway vehicle law or the
11refusal law, the law enforcement officer shall notify the department of the arrest as
12soon as practicable.
AB369,25,19 13(4x) Officer's action after arrest for operating an off-highway vehicle
14while under influence of intoxicant. A person arrested for a violation of sub. (4c)
15(a) 1. or 2. or a local ordinance in conformity therewith or sub. (4c) (b) 1. or 2. may
16not be released until 12 hours have elapsed from the time of his or her arrest or unless
17a chemical test administered under sub. (4p) (a) 1. shows that the person has an
18alcohol concentration of 0.05 or less, but the person may be released to his or her
19attorney, spouse, relative, or other responsible adult at any time after arrest.
AB369,25,21 20(4z) Public education program. (a) The department shall promulgate rules
21to provide for a public education program to do all of the following:
AB369,25,2322 1. Inform off-highway vehicle operators of the prohibitions and penalties
23included in the intoxicated operation of an off-highway vehicle law.
AB369,25,2524 2. Provide for the development of signs briefly explaining the intoxicated
25operation of an off-highway vehicle law.
AB369,26,4
1(b) The department shall develop and issue an educational pamphlet on the
2intoxicated operation of an off-highway vehicle law to be distributed, beginning
3within 6 months after the effective date of this paragraph .... [LRB inserts date], to
4persons issued off-highway vehicle registration certificates under sub. (2).
AB369,26,6 5(5) Equipment requirements. No person may operate a Class B off-highway
6vehicle unless it meets all of the following requirements:
AB369,26,87 (a) If it is equipped with an internal combustion engine, it has a complete
8exhaust system that includes a muffler and a tailpipe.
AB369,26,99 (b) It has a permanently mounted and attached fuel cell or tank.
AB369,26,1110 (c) It has a frame-mounted roll cage that is constructed in a manner specified
11by the department by rule and that encloses the operator and each passenger.
AB369,26,1412 (d) It has a permanently affixed blaze orange safety flag that is at least 144
13square inches in size and that is displayed from a pole that extends at least 8 feet
14above the ground on the front passenger side of the off-highway vehicle.
AB369,26,1515 (e) It has 2 headlights.
AB369,26,1616 (f) It has 2 brake lights.
AB369,26,1717 (g) It has front and rear turn signals.
AB369,26,1818 (h) It has side markers on the front and rear driver and passenger sides.
AB369,26,2019 (i) All of the seats are permanently mounted and equipped with shoulder and
20lap safety belts.
AB369,26,2121 (j) It does not contain an infant or child seat.
AB369,26,2322 (k) It is equipped with an unopened kit that is capable of absorbing, containing,
23and collecting a spill of a minimum of 3.75 gallons of petroleum products.
AB369,26,2524 (L) It has a battery that is secured in the vehicle in a manner that requires the
25use of a wrench or key to remove it.
AB369,27,4
1(6) Noise limits. No person may manufacture, sell, rent, or operate a Class B
2off-highway vehicle that is constructed in such a manner that noise emitted from the
3off-highway vehicle exceeds 96 decibels on the A scale as measured in the manner
4prescribed under rules promulgated by the department.
AB369,27,7 5(6m) Speed limits. (a) Except as provided in par. (b), no person may operate
6an off-highway vehicle on an off-highway vehicle trail at a speed exceeding a posted
7speed limit or, if no speed limit is posted, at a speed exceeding 20 miles per hour.
AB369,27,98 (b) No person may operate an off-highway vehicle on an off-highway vehicle
9trail when within 150 feet of a dwelling at a speed exceeding 10 miles per hour.
AB369,27,15 10(7) Accidents. If an accident results in the death of any person, in the injury
11of any person that requires the treatment of the person by a physician, or in property
12damage of $500 or more, the operator of each off-highway vehicle involved in the
13accident shall, within 10 days of the date of the accident, provide a report of the
14accident to the department in the form and manner required by the department by
15rule.
AB369,27,19 16(8) Trails. (a) Department authority. The department shall encourage and
17supervise a system of off-highway vehicle trails. The system shall include trails in
18state forests. The department may establish standards and procedures for certifying
19the designation of off-highway vehicle trails.
AB369,27,2220 (b) Designation. A town, village, city, county, or the department may designate
21corridors through land that it owns or controls, or for which it obtains leases,
22easements, or permission, for use as off-highway vehicle trails.
AB369,27,2523 (c) Restrictions. The designating authority may specify effective periods for the
24use of off-highway vehicle trails and may restrict or prohibit the operation of an
25off-highway vehicle during certain periods of the year.
AB369,28,3
1(d) Signs. The department, in cooperation with the department of
2transportation, shall establish uniform off-highway vehicle trail signs and
3standards.
AB369,28,84 (e) Interference with signs and standards prohibited. 1. No person may
5intentionally remove, damage, deface, move, or obstruct any uniform off-highway
6vehicle trail sign or standard or intentionally interfere with the effective operation
7of any uniform off-highway vehicle trail sign or standard if the sign or standard is
8legally placed by the state, any municipality, or any authorized individual.
AB369,28,139 2. No person may possess any uniform off-highway vehicle trail sign or
10standard of the type established by the department for the warning, instruction, or
11information of the public, unless he or she obtained the uniform off-highway vehicle
12trail sign or standard in a lawful manner. Possession of a uniform off-highway
13vehicle trail sign or standard creates a rebuttable presumption of illegal possession.
AB369,28,16 14(8m) Administration. (a) Before January 1 of each fiscal year, the department
15shall determine the total amount of fees received from the registration of
16off-highway vehicles under sub. (2) in the previous fiscal year.
Down
Loading...
Loading...