AB694,15,2322 1. Directly issue, transfer, or renew the registration documentation with or
23without using the service specified in par. (g) 1.
AB694,16,3
12. Appoint persons who are not employees of the department as agents of the
2department to issue, transfer, or renew the registration documentation using either
3or both of the services specified in par. (g) 1.
AB694,16,74 (g) Methods of issuance. 1. For the issuance of original or duplicate registration
5documentation and for the transfer or renewal of registration documentation, the
6department may implement either or both of the following procedures to be provided
7by the department and any agents appointed under par. (f) 2.:
AB694,16,118 a. A procedure under which the department or an agent appointed under par.
9(f) 2. accepts applications for registration documentation and issues a validated
10registration receipt at the time the applicant submits the application accompanied
11by the required fees.
AB694,16,1512 b. A procedure under which the department or agent may accept applications
13for registration documentation and issue to each applicant all or some of the items
14of the registration documentation at the time the applicant submits the application
15accompanied by the required fees.
AB694,16,2216 2. Under either procedure under subd. 1., the applicant shall receive any
17remaining items of registration documentation directly from the department at a
18later date. The items of registration documentation issued at the time of the
19submittal of the application under either procedure shall be sufficient to allow the
20vehicle for which the application is submitted to be operated in compliance with the
21registration requirements under this subsection. The items of registration
22documentation issued under subd. 1. b. shall include a registration decal.
AB694,17,323 (h) Issuing service fees. 1. In addition to any applicable fee under par. (d) 1.,
242., or 3. or (e) 2., an agent appointed under par. (f) 2. who accepts an application to
25issue, renew, or transfer registration documentation in person and issues a validated

1registration receipt under par. (g) 1. a. shall collect a service fee of $3 each time the
2agent issues the receipt. The agent shall retain the entire amount of each service fee
3the agent collects.
AB694,17,74 2. In addition to any applicable fee under par. (d) 1., 2., or 3. or (e) 2., the
5department or the agent appointed under par. (f) 2. shall collect a service fee of $5
6each time the service under par. (g) 1. b. is provided. The agent shall remit to the
7department $1 of each service fee the agent collects.
AB694,17,98 (i) Junked motorcycles. If an off-highway motorcycle is junked, the owner shall
9return the certificate of registration to the department marked "junked."
AB694,17,15 10(5) Registration of off-highway motorcycle dealers. (a) A person who is an
11off-highway motorcycle dealer shall register with the department and obtain from
12the department a commercial off-highway motorcycle certificate. Upon receipt of
13the required fee under par. (e) and an application form provided by the department,
14the department shall issue the applicant a commercial registration certificate and
153 accompanying decals.
AB694,17,1616 (b) A commercial registration certificate is valid for 2 years.
AB694,17,2217 (c) A person who is required to obtain an off-highway motorcycle certificate
18under par. (a) shall attach in a clearly visible place a plate or sign that is removable
19and temporarily but firmly mounted to any off-highway motorcycle that the person
20offers for sale or otherwise allows to be used whenever the off-highway motorcycle
21is being operated. A registration decal issued by the department shall be affixed to
22the plate or sign.
AB694,18,223 (d) If a registration certificate or decal that was issued under par. (a) is lost or
24destroyed, the holder of the certificate or decal may apply for a duplicate on a form
25provided by the department. Upon receipt of the application and the required fee

1under par. (e), the department shall issue a duplicate certificate or decal to the
2applicant.
AB694,18,73 (e) The fee for the issuance or renewal of a commercial off-highway motorcycle
4certificate with 3 accompanying decals is $90. The fee for additional commercial
5registration decals is $30 for each decal. The fee for the issuance of a duplicate
6commercial off-highway motorcycle certificate is $5. The fee for each duplicate decal
7is $2.
AB694,18,88 (f) A commercial off-highway motorcycle certificate may not be transferred.
AB694,18,13 9(6) Nonresident trail passes. (a) Except as provided in par. (b), no person may
10operate an off-highway motorcycle on an off-highway motorcycle corridor unless a
11nonresident trail pass for off-highway motorcycle operation is issued by the
12department to the person and the pass is permanently affixed on the exterior of the
13motorcycle where it is clearly visible.
AB694,18,2214 (b) An off-highway motorcycle that is registered under sub. (3) or that is
15exempt from registration under sub. (2) (b) 2., 3., or 4. is exempt from having a
16nonresident trail pass. The department may promulgate a rule to provide additional
17exemptions from the requirement of being issued a nonresident trail pass or from
18having to pay a fee for the pass. The department may promulgate a rule to exempt
19off-highway motorcycles that are exempt from registration under sub. (2) (b) 5. from
20having nonresident trail passes affixed as required under par. (a) or may promulgate
21a rule to exempt owners of such vehicles from having to pay any applicable
22nonresident trail pass fee.
AB694,19,323 (c) There is no fee for a nonresident trail pass issued for an off-highway
24motorcycle that is registered under s. 23.35. The department or Indian tribe or band
25shall issue a nonresident trail pass for such an off-highway motorcycle when it

1issues the registration certificate for the motorcycle. The department shall provide
2Indian tribes or bands that register off-highway motorcycles under s. 23.35 with a
3supply of trail passes.
AB694,19,54 (d) The fee for an annual nonresident trail pass is $34.25. The fee for a 5-day
5nonresident trail pass is $19.25. Annual trail passes expire on March 31 of each year.
AB694,19,86 (e) 1. The department may appoint any person who is not an employee of the
7department as the department's agent to issue nonresident trail passes and collect
8the fees for these passes.
AB694,19,129 2. Any person, including the department, who issues a nonresident trail pass
10shall collect in addition to the fee under sub. (6) (d) an issuing fee of 75 cents. An
11agent appointed under subd. 1. may retain 50 cents of the issuing fee to compensate
12the agent for the agent's services in issuing the pass.
AB694,19,1513 3. The department shall establish, by rule, procedures for issuing nonresident
14trail passes, and the department may promulgate rules regulating the activities of
15persons who are appointed to be agents under this paragraph.
AB694,19,1816 (f) A person may operate an off-highway motorcycle off the highways in this
17state during the first full weekend in June of each year without having a nonresident
18trail pass as required under par. (a).
AB694,19,21 19(7) Rental of limited use off-highway motorcycles. (a) No person who is
20engaged in the rental or leasing of limited use off-highway motorcycles to the public
21may do any of the following:
AB694,19,2522 1. Rent or lease a limited use off-highway motorcycle for operation by a person
23who will be operating the limited use off-highway motorcycle for the first time unless
24the person engaged in the rental or leasing gives the person instruction on how to
25operate the limited use off-highway motorcycle.
AB694,20,2
12. Rent or lease a limited use off-highway motorcycle to a person under 12
2years of age.
AB694,20,53 3. Rent or lease a limited use off-highway motorcycle without first ascertaining
4that any person under the age of 18 who will be on the vehicle has protective
5headgear of the type required under s. 347.485 (1) (a).
AB694,20,96 (b) A person who is engaged in the rental or leasing of limited use off-highway
7motorcycles to the public shall have clean, usable protective headgear available for
8rent in sufficient quantity to provide headgear to all persons under the age of 18 who
9will be on the limited use off-highway motorcycles that the person rents or leases.
AB694,20,1110 (c) The department may promulgate rules to establish minimum standards for
11the instruction given under par. (a) 1.
AB694,20,16 12(8) Use of protective headgear. (a) Off highway. No person may operate an
13off-highway motorcycle on an off-highway motorcycle corridor, or be a passenger on
14an off-highway motorcycle that is being operated on an off-highway motorcycle
15corridor, without wearing protective headgear of the type required under s. 347.485
16(1) (a), with the chin strap properly fastened, unless one of the following applies:
AB694,20,1717 1. The person is at least 18 years of age.
AB694,20,1918 2. The person is traveling for the purpose of hunting or fishing and is at least
1912 years of age.
AB694,20,2020 3. The off-highway motorcycle is being operated for an agricultural purpose.
AB694,21,221 (b) On highway. No person may operate a limited use off-highway motorcycle
22on an off-highway motorcycle route or in an area where operation is authorized
23under sub. (10) (a) or (11) (a), or be a passenger on an off-highway motorcycle that
24is being operated on such a route or in such an area, without wearing protective

1headgear of the type required under s. 347.485 (1) (a), with the chin strap properly
2fastened, unless the person is at least 18 years of age.
AB694,21,63 (c) No person may operate or be a passenger on an off-highway motorcycle that
4is being operated on an off-highway motorcycle corridor or on an off-highway
5motorcycle route without wearing glasses, wearing goggles, or wearing a protective
6face shield that is attached to headgear approved by the department.
AB694,21,8 7(9) Rules of operation. (a) No person who is operating an off-highway
8motorcycle off a highway may do any of the following:
AB694,21,109 1. Operate the off-highway motorcycle in any careless way so as to endanger
10another person or the property of another.
AB694,21,1211 2. Operate the off-highway motorcycle at a rate of speed that is unreasonable
12under the circumstances.
AB694,21,1513 3. Operate the off-highway motorcycle on private property without the consent
14of the owner or lessee. Failure to post private property does not imply consent for
15off-highway motorcycle use.
AB694,21,1816 4. Operate the off-highway motorcycle on public property that is posted as
17closed to off-highway motorcycle operation or on which the operation of an
18off-highway motorcycle is prohibited by law.
AB694,21,2119 5. Operate the off-highway motorcycle on Indian lands without the consent of
20the tribal governing body or Indian owner. Failure to post Indian lands does not
21imply consent for off-highway motorcycle use.
AB694,21,2322 6. Operate the off-highway motorcycle at a speed exceeding 10 miles per hour,
23if the off-highway motorcycle is within 100 feet of a fishing shanty.
AB694,22,224 7. Operate the off-highway motorcycle at a speed exceeding 10 miles per hour,
25if the off-highway motorcycle is within 150 feet of a dwelling. The speed limit

1specified in this subsection does not apply to a person operating an off-highway
2motorcycle on a roadway that is designated as an off-highway motorcycle route.
AB694,22,63 8. Operate the off-highway motorcycle on the frozen surface of public waters
4or on an off-highway motorcycle trail at a speed exceeding 10 miles per hour or
5without yielding the right-of-way when within 100 feet of another person who is not
6operating a motor vehicle, an off-highway vehicle, or snowmobile.
AB694,22,87 9. Operate the off-highway vehicle to drive or pursue any animal except as part
8of normal farming operations involving livestock.
AB694,22,129 10. Operate the off-highway motorcycle in a manner which violates rules
10promulgated by the department. This subdivision does not authorize the
11department to promulgate or enforce a rule that imposes a speed restriction that is
12more stringent than a speed restriction specified under this paragraph.
AB694,22,1713 (b) The speed restrictions under par. (a) 6. and 8. do not apply to a race or derby
14sponsored by a local governmental unit, by an off-highway vehicle association, as
15defined in sub. (1) (x), or by a similar organization that is approved by a local
16governmental unit if the sponsor of the race or derby marks the race or derby route
17or track to warn spectators from entering the route or track.
AB694,22,2118 (c) 1. The distance restriction under par. (a) 8. does not apply to persons who
19are assisting in directing a race or derby sponsored by a local governmental unit, by
20an off-highway vehicle association or by a similar organization that is approved by
21a local governmental unit.
AB694,22,2422 2. The distance restriction under par. (a) 8. does not apply if the person who is
23not in the motor vehicle or on the snowmobile or off-highway vehicle gives his or her
24consent to have the person operating the off-highway motorcycle at a closer distance.
AB694,23,3
1(10) Operation on highways; limited use motorcycles. (a) Generally. No
2person may operate a limited use off-highway motorcycle on the roadway portion of
3any highway unless one of the following applies:
AB694,23,104 1. Operation on the roadway is necessary to cross the roadway. The crossing
5of a roadway is authorized only if the crossing is done in the most direct manner
6practicable, if the crossing is made at a place where no obstruction prevents a quick
7and safe crossing, and if the operator stops the limited use off-highway motorcycle
8prior to entering the crossing and yields the right-of-way to any other vehicles,
9pedestrians, or electric personal assistive mobility devices that are using the
10roadway.
AB694,23,1811 2. Operation is necessary to cross a bridge, culvert, or railroad right-of-way.
12The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the
13roadway is officially closed to off-highway motorcycle traffic. The crossing is
14authorized only if the crossing is done in the most direct manner practicable, if the
15crossing is made at a place where no obstruction prevents a quick and safe crossing,
16and if the operator stops the limited use off-highway motorcycle prior to entering the
17crossing and yields the right-of-way to any other vehicles, pedestrians, or electric
18personal assistive mobility devices that are using the roadway.
AB694,23,2219 3. Operation is on a roadway which is not maintained, or is only minimally
20maintained, on a seasonal basis for motor vehicle traffic. Such operation is
21authorized only during the seasons when no maintenance occurs and only if the
22roadway is not officially closed to off-highway motorcycle traffic.
AB694,24,223 4. Operation is on a roadway that is an off-highway motorcycle route. Such
24operation is authorized only for the extreme right side of the roadway except that left

1turns may be made from any part of the roadway which is safe given prevailing
2conditions.
AB694,24,53 5. The operator of the limited use off-highway motorcycle is a person who holds
4a Class A permit or a Class B permit under s. 29.193 (2) and who is traveling for the
5purpose of hunting or is otherwise engaging in an activity authorized by the permit.
AB694,24,106 6. Operation is on a roadway, and the limited use off-highway motorcycle is
7registered for private use under sub. (3) and is being used exclusively as an
8implement of husbandry or for agricultural purposes. Such operation is authorized
9only for the extreme right side of the roadway except that left turns may be made
10from any part of the roadway which is safe given prevailing conditions.
AB694,24,1211 7. The roadway part of the highway is blocked off for a special off-highway
12motorcycle event as authorized under par. (b).
AB694,24,2013 (b) Off-highway motorcycle events. A local governmental unit may block off
14highways under its jurisdiction for the purpose of allowing special off-highway
15motorcycle events. No state trunk highway or connecting highway, or part thereof,
16may be blocked off by any local governmental unit for any off-highway motorcycle
17race or derby. A local governmental unit shall notify the local police department and
18the county sheriff's office at least one week in advance of the time and place of any
19off-highway motorcycle race or derby which may result in any street, or part thereof,
20of the local governmental unit being blocked off.
AB694,25,221 (c) Freeways. No person may operate a limited use off-highway motorcycle on
22any part of any freeway which is a part of the federal system of interstate and defense
23highways under any circumstances. No person may operate a limited use
24off-highway motorcycle on any part of any other freeway unless the department of

1transportation authorizes the use of limited use off-highway motorcycles on that
2freeway.
AB694,25,7 3(11) Operation adjacent to roadway. (a) Location of operation. 1. A person
4may operate an off-highway motorcycle adjacent to a roadway of a town highway
5that is designated as an off-highway motorcycle route or an off-highway motorcycle
6trail without any restriction on how close the limited use off-highway motorcycle is
7to the roadway.
AB694,25,128 2. A person may operate an off-highway motorcycle adjacent to a roadway of
9a U.S. numbered highway, a state highway, or a county highway that is designated
10an off-highway motorcycle route or an off-highway motorcycle trail provided that
11the operation occurs at a distance of 10 or more feet from the roadway. Travel on the
12median of a divided highway is prohibited except to cross.
AB694,25,1613 (b) Direction of operation. 1. Except as provided in subd. 2., a person may
14operate an off-highway motorcycle on an off-highway motorcycle route or
15off-highway motorcycle trail adjacent to a road only in the same direction as motor
16vehicle traffic in the nearest lane.
AB694,25,1817 2. A person may operate the off-highway motorcycle in either direction if any
18of the following applies:
AB694,25,1919 a. The off-highway motorcycle is being operated during hours of daylight.
AB694,25,2220 b. The off-highway motorcycle is being operated during hours of darkness and
21the off-highway motorcycle route or off-highway motorcycle trail is located at least
2240 feet from the roadway or is separated from the roadway by a head lamp barrier.
AB694,26,223 (c) Other limitation. A person operating an off-highway motorcycle on an
24off-highway motorcycle route adjacent to a roadway shall comply with the speed

1limits of the adjacent roadway and with rules promulgated by the department and
2approved by the department of transportation.
AB694,26,5 3(12) Intoxicated operation. (a) Operation. 1. No person may operate an
4off-highway motorcycle while under the influence of an intoxicant to a degree which
5renders him or her incapable of safe operation of the off-highway motorcycle.
AB694,26,76 2. No person may engage in the operation of an off-highway motorcycle while
7the person has an alcohol concentration of 0.08 or more.
AB694,26,108 3. If a person has not attained the age of 21, the person may not engage in the
9operation of an off-highway motorcycle while he or she has an alcohol concentration
10of more than 0.0 but not more than 0.08.
AB694,26,1811 4. A person may be charged with and a prosecutor may proceed upon a
12complaint based upon a violation of any combination of subd. 1. or 2. for acts arising
13out of the same incident or occurrence. If the person is charged with violating any
14combination of subd. 1. or 2., the offenses shall be joined. If the person is found guilty
15of any combination of subd. 1. or 2. for acts arising out of the same incident or
16occurrence, there shall be a single conviction for purposes of sentencing and for
17purposes of counting convictions under sub. (21) (c) 2. and 3. Subdivisions 1. and 2.
18each require proof of a fact for conviction which the others do not require.
AB694,26,2219 (b) Operation causing injury. 1. No person while under the influence of an
20intoxicant to a degree which renders him or her incapable of safe operation of an
21off-highway motorcycle may cause injury to another person by the operation of an
22off-highway motorcycle.
AB694,26,2423 2. No person who has an alcohol concentration of 0.08 or more may cause injury
24to another person by the operation of an off-highway motorcycle.
AB694,27,9
13. A person may be charged with and a prosecutor may proceed upon a
2complaint based upon a violation of any combination of subd. 1. or 2. for acts arising
3out of the same incident or occurrence. If the person is charged with violating any
4combination of subd. 1. or 2. in the complaint, the crimes shall be joined under s.
5971.12. If the person is found guilty of any combination of subd. 1. or 2. for acts
6arising out of the same incident or occurrence, there shall be a single conviction for
7purposes of sentencing and for purposes of counting convictions under sub. (21) (c)
82. and 3. Subdivisions 1. and 2. each require proof of a fact for conviction which the
9others do not require.
AB694,27,1310 4. In an action under this paragraph, the defendant has a defense if he or she
11proves by a preponderance of the evidence that the injury would have occurred even
12if he or she had been exercising due care and even if he or she did not have an alcohol
13concentration of 0.08 or more.
AB694,27,2114 (c) Implied consent. Any person who engages in the operation of an
15off-highway motorcycle upon the public highways of this state, or in those areas
16enumerated in par. (d), is considered to have given consent to provide one or more
17samples of his or her breath, blood, or urine for the purpose of authorized analysis
18as required under pars. (f) and (g). Any person who engages in the operation of an
19off-highway motorcycle within this state is considered to have given consent to
20submit to one or more chemical tests of his or her breath, blood, or urine for the
21purpose of authorized analysis as required under pars. (f) and (g).
AB694,27,2322 (d) Applicability of law. The intoxicated operation of an off-highway
23motorcycle law applies to all of the following:
AB694,27,2524 1. The operation of an off-highway motorcycle on any off-highway motorcycle
25corridor or any off-highway motorcycle route.
AB694,28,4
12. The operation of any off-highway motorcycle on other premises or areas
2located off the highways that are held out to the public for the recreational use of
3off-highway motorcycles whether such premises or areas are publicly or privately
4owned and whether or not a fee is charged for the use of an off-highway motorcycle.
AB694,28,65 3. The operation of a limited use off-highway motorcycle on a highway as
6authorized under sub. (10).
AB694,28,87 4. The operation of an off-highway motorcycle adjacent to a highway as
8authorized under sub. (11).
AB694,28,139 (e) Preliminary breath screening. 1. A person shall provide a sample of his or
10her breath for a preliminary breath screening test if a law enforcement officer has
11probable cause to believe that the person is violating or has violated the intoxicated
12operation of an off-highway motorcycle law and if, prior to an arrest, the law
13enforcement officer requested the person to provide this sample.
AB694,28,1914 2. A law enforcement officer may use the results of a preliminary breath
15screening test for the purpose of deciding whether or not to arrest a person for a
16violation of the intoxicated operation of an off-highway motorcycle law or for the
17purpose of deciding whether or not to request a chemical test under par. (f).
18Following the preliminary breath screening test, chemical tests may be required of
19the person under par. (f).
AB694,28,2320 3. The result of a preliminary breath screening test is not admissible in any
21action or proceeding except to show probable cause for an arrest, if the arrest is
22challenged, or to show that a chemical test was properly required of a person under
23par. (f).
AB694,28,2524 4. There is no penalty for a violation of subd. 1. Subsection (21) (a) and the
25general penalty provision under s. 939.61 do not apply to the violation.
AB694,29,8
1(f) Chemical tests; requirement. 1. A person shall provide one or more samples
2of his or her breath, blood, or urine for the purpose of authorized analysis if he or she
3is arrested for a violation of the intoxicated operation of an off-highway motorcycle
4law and if he or she is requested to provide the sample by a law enforcement officer.
5A person shall submit to one or more chemical tests of his or her breath, blood, or
6urine for the purpose of authorized analysis if he or she is arrested for a violation of
7the intoxicated operation of an off-highway motorcycle law and if he or she is
8requested to submit to the test by a law enforcement officer.
AB694,29,119 2. A law enforcement officer requesting a person to provide a sample or to
10submit to a chemical test under subd. 1. shall inform the person of all of the following
11at the time of the request and prior to obtaining the sample or administering the test:
AB694,29,1212 a. That he or she is deemed to have consented to tests under par. (c).
AB694,29,1513 b. That a refusal to provide a sample or to submit to a chemical test constitutes
14a violation under par. (h) and is subject to the same penalties and procedures as a
15violation of par. (a) 1.
AB694,29,1716 c. That in addition to the designated chemical test under par. (g) 2., he or she
17may have an additional chemical test under par. (g) 4.
Loading...
Loading...