347.35 (1a) Parking brakes. Every such vehicle and combination of vehicles, except mopeds and Type 1 motorcycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading on a surface free from snow, ice or loose material. The parking brakes shall be capable of being applied by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.
50,33
Section
33. 347.42 of the statutes is amended to read:
347.42 Windshield wipers. No person may operate on a highway any motor vehicle equipped with a windshield, except a moped or Type 1 motorcycle, unless the motor vehicle also is equipped with a device for cleaning rain, snow or other moisture from the windshield. The device shall be so constructed as to be controlled or operated by the operator of the vehicle and shall at all times be maintained in good working order.
50,34
Section
34. 347.485 (title) and (1) of the statutes are amended to read:
347.485 (title) Protective headgear for use on Type 1 motorcycles. (1) (a) No person who holds an instructional permit under s. 343.07 (4) or who is under 18 years of age may operate or ride upon a Type 1 motorcycle on any highway unless the person is wearing protective headgear of a type which meets the standards established for motorcycle operation in 49 CFR 571.218 and the chin strap is properly fastened.
(am) No person may operate a Type 1 motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear.
(b) No person may sell or offer for sale any protective headgear for use by a driver or passenger on a Type 1 motorcycle, not meeting the standards established for motorcycle operation in 49 CFR 571.218.
50,35
Section
35. 347.485 (2) (c) of the statutes is amended to read:
347.485 (2) (c) Notwithstanding par. (a), if the motorcycle vehicle is a Type 2 motorcycle an autocycle equipped with a windshield or a Type 1 motorcycle equipped with a windshield that rises a minimum of 15 inches above the handlebar, the use of other eye protective devices is not mandatory.
50,36
Section
36. 347.485 (3) of the statutes is amended to read:
347.485 (3) No person may rent, lease or loan a
Type 1 motorcycle to another unless he or she has ascertained that such party has the required eye protection and, if the party holds an instructional permit under s. 343.07 (4) or is under 18 years of age, that the party has the required protective headgear for operating the Type 1 motorcycle.
50,37
Section
37. 347.485 (4) of the statutes is amended to read:
347.485 (4) Every person in the Type 1 motorcycle rental business shall have clean, usable protective headgear for rent in sufficient quantity to care for the needs of all customers.
50,38
Section
38. 347.486 (1) of the statutes is amended to read:
347.486 (1) No person may operate a Type 1 motorcycle if the handlegrips of the handlebars rise more than 30 inches above the lowest point of the top of the driver's seat when the seat is occupied.
50,39
Section
39. 347.486 (2) of the statutes is amended to read:
347.486 (2) No person may operate a Type 1 motorcycle with an improvised, defective or repaired handlebar.
50,40
Section
40. 347.487 of the statutes is amended to read:
347.487 Seating requirements. Except as provided in s. 346.595 (3m), no more than 2 persons may ride on a Type 1 motorcycle during operation, and then only if the vehicle is equipped and designed with adequate seats and foot rests or pegs. Foot rests or pegs shall be mounted in accordance with manufacturer's specifications. In the absence of manufacturer's specifications, foot rests or pegs for the passenger shall be located on the same horizontal plane as those of the operator.
50,41
Section 41
. 349.13 (6) of the statutes is amended to read:
349.13 (6) Notwithstanding s. 346.54 (1) (e), the governing body of any municipality may, by ordinance, consider mopeds as Type 1 motorcycles rather than bicycles for the purpose of parking, may establish parking areas for mopeds only marked by appropriate signs, and may regulate the parking of mopeds.
50,42
Section
42. 990.01 (43m) of the statutes is renumbered 990.01 (21m) and amended to read:
990.01 (21m) Type 1 motorcycle. “
Type 1 motorcycle” Motorcycle. “Motorcycle" is a motor vehicle as defined in s. 340.01 (32) (a).
50,43
Section 43
. 990.01 (43r) of the statutes is repealed.
50,43m
Section 43m.
Nonstatutory provisions.
(1) (a) In this subsection, “autocycle” means a motor vehicle that has 3 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 49 CFR part 571.
(b) Beginning on the effective date of this paragraph, an autocycle is a “Class D” vehicle, as described in s. 343.04 (1) (d), and a person may operate an autocycle with a regular license, as described in s. 343.03 (3) (a).
50,44m
Section 44m.
Effective dates. This act takes effect on the first day of the 6th month beginning after publication, except as follows:
(1) Section 43m of this act takes effect on the day after publication.
