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LRBs0043/1
ZDW:ahe
2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 78
May 24, 2019 - Offered by Representative Knodl.
AB78-ASA1,1,11 1An Act to repeal 340.01 (32) (a), 340.01 (32) (b) and 990.01 (43r); to renumber
2and amend
340.01 (32) (intro.) and 990.01 (43m); to amend 20.395 (5) (dr),
320.395 (5) (eh), 85.30, 340.01 (29m) (am) 2., 340.01 (38m) (a) 1., 341.10 (6),
4343.03 (3) (a), 343.04 (1) (e), 343.05 (3) (b), 343.07 (1g) (intro.), 343.07 (4) (title)
5and (a), 343.07 (4) (b), 343.08 (1) (a), 343.08 (2) (a), 343.16 (1) (d) 1., 343.16 (2)
6(b), 343.17 (3) (c) 5., 343.32 (4), 346.54 (1) (cm), 346.595 (1), 346.595 (3), 346.595
7(3m), 347.09 (1) (b), 347.15 (1), 347.35 (1a), 347.42, 347.485 (title) and (1),
8347.485 (2) (c), 347.485 (3), 347.485 (4), 347.486 (1), 347.486 (2), 347.487 and
9349.13 (6); and to create 218.0101 (2), 218.0114 (1m), 340.01 (3m) and 341.25
10(1) (bg) of the statutes; relating to: registration and operation of vehicles
11defined as autocycles.
Analysis by the Legislative Reference Bureau
This bill creates a definition of an autocycle, which is a three-wheeled motor
vehicle with operation controls similar to an automobile.

Under current law, there are two types of motorcycles. A “Type 1 motorcycle"
is a motor vehicle which has either two wheels in tandem and a seat for the operator
or three wheels and unenclosed seating for the operator and passengers. A “Type 2
motorcycle" is a motor vehicle with at least three wheels and an enclosed space for
the operator and passengers. The bill eliminates the Type 1 and Type 2 motorcycle
definitions and defines “motorcycle” as a motor vehicle originally manufactured with
motive power, a seat or saddle requiring the rider to sit astride, not more than three
wheels in contact with the ground, steering controlled by handlebars, and
acceleration and braking controlled with handlebar and foot controls and that is
capable of speeds in excess of 30 miles per hour.
The bill defines “autocycle” to mean a motor vehicle that has three wheels in
contact with the ground, is designed with seating that does not require operators or
any occupants to straddle or sit astride it, has a steering wheel, and is originally
manufactured to meet federal motor vehicle safety standards for motorcycles. Under
current law, no motor vehicle dealer may engage in business as a motor vehicle dealer
without the appropriate dealership license. The bill provides that a motor vehicle
dealer currently engaged in the sale of autocycles may continue selling autocycles
without having to acquire a different type of dealership license.
Under current law, a motor vehicle may not be operated upon a highway in this
state without a current, valid registration. Generally, the fee for registering an
automobile with the Department of Transportation is $75 annually. The fee for
registering a motorcycle is $23 biennially. Under this bill, the fee for registering an
autocycle is $45 annually.
Under current law, no person may operate a motor vehicle upon a highway in
this state unless the person possesses a valid operator's license. Additional
endorsements are required for the operation of certain vehicles, including
motorcycles. This bill classifies autocycles as “Class D" vehicles, which means they
may be operated with the regular license issued by DOT without the need for
additional endorsements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB78-ASA1,1 1Section 1. 20.395 (5) (dr) of the statutes is amended to read:
AB78-ASA1,2,42 20.395 (5) (dr) Transportation safety, state funds. The amounts in the schedule
3for activities related to highway safety under s. 85.07 and the Type 1 motorcycle,
4moped, and motor bicycle safety program under s. 85.30.
AB78-ASA1,2 5Section 2. 20.395 (5) (eh) of the statutes is amended to read:
AB78-ASA1,3,6
120.395 (5) (eh) Motorcycle safety program supplement, state funds. From the
2general fund, all moneys received under s. 341.14 (6r) (b) 14m., for activities under
3the Type 1 motorcycle, moped, and motor bicycle safety program under s. 85.30
4limited to evaluation of basic rider education courses, conducting public workshops,
5rallies, and programs related to Type 1 motorcycle safety and training, and making
6grants for providing motorcycle riding courses.
AB78-ASA1,3 7Section 3. 85.30 of the statutes is amended to read:
AB78-ASA1,3,16 885.30 Type 1 motorcycle Motorcycle, moped and motor bicycle safety
9program.
The department shall develop and administer a Type 1 motorcycle,
10moped and motor bicycle safety program. The program shall include operational
11skills training, safety education and public awareness and such other elements as
12the department deems desirable. The safety education program for Type 1
13motorcycles shall include instruction as to the proper eye protection to be worn
14during hours of darkness. The department may make grants under this program for
15establishment of courses which further the aims of this program. The department
16shall adopt rules to implement this section.
AB78-ASA1,4 17Section 4 . 218.0101 (2) of the statutes is created to read:
AB78-ASA1,3,1818 218.0101 (2) “Autocycle” has the meaning given in s. 340.01 (3m).
AB78-ASA1,5 19Section 5 . 218.0114 (1m) of the statutes is created to read:
AB78-ASA1,3,2320 218.0114 (1m) A motor vehicle dealer engaged in the sale of autocycles with
21a license as provided in ss. 218.0101 to 218.0163 prior to the effective date of this
22subsection .... [LRB inserts date], may continue selling autocycles without having to
23acquire a different type of dealership license.
AB78-ASA1,6 24Section 6 . 340.01 (3m) of the statutes is created to read:
AB78-ASA1,4,5
1340.01 (3m) “Autocycle” means a motor vehicle that has 3 wheels in contact
2with the ground, is designed with seating that does not require operators or any
3occupants to straddle or sit astride it, has a steering wheel, and is originally
4manufactured to meet federal motor vehicle safety standards for motorcycles under
540 CFR part 571.
AB78-ASA1,7 6Section 7. 340.01 (29m) (am) 2. of the statutes is amended to read:
AB78-ASA1,4,97 340.01 (29m) (am) 2. A Type 1 motorcycle with an automatic transmission and
8an engine certified by the manufacturer at not more than 50 cubic centimeters or an
9equivalent power unit.
AB78-ASA1,8 10Section 8 . 340.01 (32) (intro.) of the statutes is renumbered 340.01 (32) and
11amended to read:
AB78-ASA1,4,1912 340.01 (32) “Motorcycle" means a motor vehicle , excluding a tractor, an
13all-terrain vehicle, or a utility terrain vehicle, which
originally manufactured with
14motive power, a seat or saddle requiring the rider to sit astride, not more than 3
15wheels in contact with the ground, steering controlled by handlebars, and
16acceleration and braking controlled with handlebar and foot controls and that
is
17capable of speeds in excess of 30 miles per hour with a 150-pound rider on a dry, level,
18hard surface with no wind, with a power source as an integral part of the vehicle, and
19which meets the conditions under par. (a) or (b):
.
AB78-ASA1,9 20Section 9 . 340.01 (32) (a) of the statutes is repealed.
AB78-ASA1,10 21Section 10 . 340.01 (32) (b) of the statutes is repealed.
AB78-ASA1,11 22Section 11. 340.01 (38m) (a) 1. of the statutes is amended to read:
AB78-ASA1,5,623 340.01 (38m) (a) 1. A motor vehicle that is designed and constructed to carry
24no more than 2 persons and to be used for collecting residential and commercial solid
25waste, such as yard waste, recyclable materials, and household garbage, refuse, and

1rubbish, landscaping, or incidental street maintenances; that is not certified by the
2manufacturer for on-road use or that is certified by the manufacturer as meeting the
3equipment standards for a low-speed vehicle under 49 CFR 571.500; and that
4satisfies the equipment standards for a Type 2 automobile or Type 2 motorcycle
5autocycle under ch. 347 or the equipment standards for a low-speed vehicle under
649 CFR 571.500.
AB78-ASA1,12 7Section 12. 341.10 (6) of the statutes is amended to read:
AB78-ASA1,5,158 341.10 (6) The vehicle was manufactured after 1969 and does not meet
9manufacturer or importer certification label requirements as specified in 49 CFR 567
10or the vehicle is a Kei class vehicle. This subsection does not apply to autocycles,
11former military vehicles, historic military vehicles, as defined in s. 341.269 (1) (a),
12for which the department receives an application, and which are eligible, for
13registration under s. 341.269, or special interest vehicles, as defined in s. 341.266 (1)
14(c), for which the department receives an application, and which are eligible, for
15registration under s. 341.266.
AB78-ASA1,13 16Section 13. 341.25 (1) (bg) of the statutes is created to read:
AB78-ASA1,5,1717 341.25 (1) (bg) For each autocycle, a fee of $45.
AB78-ASA1,14 18Section 14. 343.03 (3) (a) of the statutes is amended to read:
AB78-ASA1,5,2519 343.03 (3) (a) Regular license. The standard license legend is “regular" or a
20readily recognizable abbreviation thereof. The regular license, without any express
21endorsements or restrictions as provided in this chapter, authorizes the licensee to
22operate only “class D" vehicles as described in s. 343.04 (1) (d), except as otherwise
23provided in this subsection. The license may be endorsed to permit operation of Type
241
motorcycles or school buses that are not commercial motor vehicles. A regular
25license may be subject to restrictions.
AB78-ASA1,15
1Section 15. 343.04 (1) (e) of the statutes is amended to read:
AB78-ASA1,6,22 343.04 (1) (e) Class M. A “Class M" vehicle is any Type 1 motorcycle.
AB78-ASA1,16 3Section 16. 343.05 (3) (b) of the statutes is amended to read:
AB78-ASA1,6,64 343.05 (3) (b) No person may operate a Type 1 motorcycle unless the person
5possesses a valid operator's license specifically authorizing the operation of Type 1
6motorcycles.
AB78-ASA1,17 7Section 17. 343.07 (1g) (intro.) of the statutes is amended to read:
AB78-ASA1,6,178 343.07 (1g) Regular permit; issuance, restrictions. (intro.) Upon application
9therefor by a person at least 15 years and 6 months of age who, except for age or lack
10of training in the operation of a motor vehicle, is qualified to obtain an operator's
11license and has passed such knowledge test as the department may require, the
12department may issue a regular instruction permit. If the application is made by a
13male who is at least 18 years of age but less than 26 years of age, the application shall
14include the information required under s. 343.14 (2) (em). The permit entitles the
15permittee to operate a motor vehicle, except a commercial motor vehicle, school bus,
16or Type 1 motorcycle, a motor bicycle, or a moped, upon the highways, subject to the
17following restrictions:
AB78-ASA1,18 18Section 18. 343.07 (4) (title) and (a) of the statutes are amended to read:
AB78-ASA1,6,2319 343.07 (4) (title) Instruction permits; Type 1 motorcycle, motor bicycle , and
20moped.
(a) Subject to s. 343.16 (1) (a), upon application by a person who qualifies for
21issuance of a license under s. 343.06 (1) (c) and who wishes to qualify for the operation
22of a Type 1 motorcycle, the department may issue an instruction permit for the
23operation of “Class M" vehicles.
AB78-ASA1,19 24Section 19. 343.07 (4) (b) of the statutes is amended to read:
AB78-ASA1,7,7
1343.07 (4) (b) The permit for Type 1 motorcycle operation shall be valid for 6
2months. The department shall issue no more than 3 permits for Type 1 motorcycle
3operation to a person unless the person has successfully completed a rider course
4approved by the department. The department may, by rule, exempt certain persons
5from the rider course requirement of this paragraph. The permit for Type 1
6motorcycle operation entitles the permittee to operate a Type 1 motorcycle subject
7to the following restrictions:
AB78-ASA1,7,108 1. No passenger may accompany the permittee except that a person with at
9least 2 years of licensed driving experience and whose license is endorsed for Type
101
motorcycle operation may ride as a passenger-instructor.
AB78-ASA1,7,1311 2. The permittee may not operate a Type 1 motorcycle during hours of darkness
12unless accompanied by a licensed person 25 years of age or more and meeting the
13requirements of subd. 1.
AB78-ASA1,20 14Section 20. 343.08 (1) (a) of the statutes is amended to read:
AB78-ASA1,7,2015 343.08 (1) (a) The department must be satisfied that it is necessary for the
16applicant to operate an automobile, farm truck, dual purpose farm truck, Type 1
17motorcycle powered with an engine of not more than 125 cubic centimeters
18displacement, Type 2 motorcycle autocycle, moped, or motor bicycle owned and
19registered by the applicant's parent or guardian or a farm truck leased to the
20applicant's parent or guardian.
AB78-ASA1,21 21Section 21. 343.08 (2) (a) of the statutes is amended to read:
AB78-ASA1,8,522 343.08 (2) (a) A restricted license issued pursuant to this section is valid only
23until the licensee secures an operator's license issued pursuant to s. 343.03 or
24reaches 18 years of age and, except as provided in par. (b), entitles the licensee to
25operate an automobile, farm truck, dual purpose farm truck, Type 1 motorcycle

1powered with an engine of not more than 125 cubic centimeters displacement, Type
22 motorcycle
autocycle, moped, or motor bicycle owned and registered by the
3licensee's parent or guardian or a farm truck leased to the licensee's parent or
4guardian or any combination of these vehicles, depending on the restrictions placed
5by the department on the particular license.
AB78-ASA1,22 6Section 22 . 343.16 (1) (d) 1. of the statutes is amended to read:
AB78-ASA1,8,167 343.16 (1) (d) 1. That the department will issue a regular license, as described
8in s. 343.03 (3) (a), to any person moving to this state who has been licensed by the
9other country, province or other subdivision for at least 3 years, who presently holds
10a license to operate that type of vehicle, other than an instructional permit, from the
11other country, province or other subdivision and who is at least 21 years of age.
12Notwithstanding s. 343.03 (3) (a), a regular license issued under this subdivision
13may be endorsed to permit operation of Type 1 motorcycles, but may not be endorsed
14to permit operation of school buses. The department shall issue a probationary
15license under s. 343.085 to any other applicant who holds a valid operator's license
16issued by the other country, province or other subdivision.
AB78-ASA1,23 17Section 23. 343.16 (2) (b) of the statutes is amended to read:
AB78-ASA1,9,1618 343.16 (2) (b) Specific requirements. The standards developed by the
19department under par. (c) shall provide that the examination for persons making
20their first application for an operator's license shall include, subject to sub. (3) (am),
21a test of the applicant's eyesight, ability to read and understand highway signs
22regulating, warning and directing traffic, knowledge of the traffic laws, including ss.
23346.072 and 346.26, understanding of fuel-efficient driving habits and the relative
24costs and availability of other modes of transportation, knowledge of the need for
25anatomical gifts and the ability to make an anatomical gift through the use of a donor

1card issued under s. 343.175 (2), and an actual demonstration of ability to exercise
2ordinary and reasonable control in the operation of a motor vehicle. The test of
3knowledge of the traffic laws shall include questions on the provisions of ss. 343.30
4(1q), 343.303 to 343.31 and 346.63 to 346.655, relating to the operation of a motor
5vehicle and the consumption of alcohol beverages. The test of knowledge may also
6include questions on the social, medical and economic effects of alcohol and other
7drug abuse. The examination of applicants for authorization to operate `Class M'
8vehicles shall test an applicant's knowledge of Type 1 motorcycle safety, including
9proper eye protection to be worn during hours of darkness. The department may
10require persons changing their residence to this state from another jurisdiction and
11persons applying for a reinstated license after termination of a revocation period to
12take all or parts of the examination required of persons making their first application
13for an operator's license. Any applicant who is required to give an actual
14demonstration of ability to exercise ordinary and reasonable control in the operation
15of a motor vehicle shall furnish a representative vehicle in safe operating condition
16for use in testing ability.
AB78-ASA1,24 17Section 24 . 343.17 (3) (c) 5. of the statutes is amended to read:
AB78-ASA1,9,1918 343.17 (3) (c) 5. Classification “M", which authorizes the operation of Type 1
19motorcycles.
AB78-ASA1,25 20Section 25. 343.32 (4) of the statutes is amended to read:
AB78-ASA1,9,2421 343.32 (4) In adopting rules for weighing traffic convictions by their
22seriousness under sub. (2), the secretary shall provide by rule for a reduction of up
23to 3 points if a person shows to the department satisfactory evidence of completion
24of a rider course approved by the secretary. This subsection applies only to demerit

1points relating to violations committed before completion of the rider course by a
2person while driving or operating a Type 1 motorcycle.
AB78-ASA1,26 3Section 26. 346.54 (1) (cm) of the statutes is amended to read:
AB78-ASA1,10,84 346.54 (1) (cm) 1. In a parallel parking area, a Type 1 motorcycle or moped may
5park at an angle. If parallel parking spaces are not indicated by pavement markings,
6no Type 1 motorcycle or moped may be parked within 2 feet of another vehicle.
7Where a parallel parking space is indicated by pavement markings or where angle
8parking is authorized, up to 3 Type 1 motorcycles or mopeds may park in the space.
AB78-ASA1,10,139 2. Up to 3 Type 1 motorcycles or mopeds may be parked in a parking space
10where a parking meter has been installed unless the space is restricted by official
11traffic sign or pavement markings to a single motorcycle or moped. The operator of
12each Type 1 motorcycle or moped parked in a single space regulated by a parking
13meter shall receive a citation for any violation of a time restriction.
AB78-ASA1,27 14Section 27 . 346.595 (1) of the statutes is amended to read:
AB78-ASA1,10,2015 346.595 (1) All motor vehicles including motorcycles and mopeds are entitled
16to the full use of a traffic lane and no vehicle may be driven or operated in such a
17manner so as to deprive any other vehicle of the full use of a traffic lane. With the
18consent of both drivers, Type 1 motorcycles may be operated not more than 2 abreast
19in a single lane, but mopeds may be so operated only where the speed limit is 25 miles
20per hour or less.
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