AB159: Bill Text

AB159,57 Section 57. 346.49 (1) (b) of the statutes is amended to read:

AB159,19,3 346.49 (1) (b) Any operator of a bicycle , electric scooter, or electric personal assistive mobility device violating s. 346.46 (1), (2m) or (4) may be required to forfeit not more than $20.

AB159,58 Section 58. 346.49 (1g) (b) of the statutes is amended to read:

AB159,19,6 346.49 (1g) (b) Any operator of a bicycle, electric scooter, or electric personal assistive mobility device violating s. 346.46 (3) shall forfeit not more than $40.

AB159,59 Section 59. 346.49 (2m) (b) of the statutes is amended to read:

AB159,19,11 346.49 (2m) (b) Any operator of a bicycle, electric scooter, or electric personal assistive mobility device violating s. 346.44 may be required to forfeit not less than $100 nor more than $250 for the first offense and not less than $225 nor more than $750 for the 2nd or subsequent conviction within 3 years.

AB159,60 Section 60. 346.54 (1) (e) of the statutes is amended to read:

AB159,19,20 346.54 (1) (e) Except as provided in par. (cm) and s. 349.13 (6), for the purpose of parking, mopeds, electric scooters, and electric personal assistive mobility devices shall be considered bicycles. Except as provided in s. 349.13 (6), where possible without impeding the flow of pedestrian traffic, a bicycle, moped, electric scooter, or electric personal assistive mobility device may be parked on a sidewalk. Except as provided in s. 349.13 (6), a bicycle, moped, electric scooter, or electric personal assistive mobility device may be parked in a bike rack or other similar area designated for bicycle parking.

AB159,61 Section 61. 346.60 (5) (a) of the statutes is amended to read:

AB159,19,24 346.60 (5) (a) Any operator of a bicycle, electric scooter, or electric personal assistive mobility device who violates s. 346.57 may be required to forfeit not more than $20.

AB159,62 Section 62. 346.60 (5) (b) of the statutes is amended to read:

AB159,20,3 346.60 (5) (b) Any operator of a bicycle , electric scooter, or electric personal assistive mobility device who violates s. 346.59 may be required to forfeit not more than $10.

AB159,63 Section 63. 346.71 (2) of the statutes is amended to read:

AB159,21,4 346.71 (2) In cases of death involving a motor vehicle in which the decedent was the operator of a motor vehicle, a pedestrian 14 years of age or older or a bicycle, electric scooter, or electric personal assistive mobility device operator 14 years of age or older and who died within 6 hours of the time of the accident, the coroner or medical examiner of the county where the death occurred shall require that a blood specimen of at least 10 cc. be withdrawn from the body of the decedent within 12 hours after his or her death, by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of the physician. All funeral directors shall obtain a release from the coroner or medical examiner of the county where the accident occurred as provided in s. 979.01 (4) prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health services for analysis of the alcoholic content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health services. If the death involved a motor vehicle, the department shall keep a record of all such examinations to be used for statistical purposes only and the department shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved. If the death involved an all-terrain vehicle, a utility terrain vehicle, or an off-highway motorcycle, as defined in s. 23.335 (1) (q), that was being operated off the highways, as defined in s. 23.335 (1) (y), the department of natural resources shall keep a record of all such examinations to be used for statistical purposes only and the department of natural resources shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved.

AB159,64 Section 64. 346.80 (title) of the statutes is amended to read:

AB159,21,7 346.80 (title) Riding bicycle , electric scooter, or electric personal assistive mobility device on roadway.

AB159,65 Section 65. 346.80 (1) of the statutes is amended to read:

AB159,21,11 346.80 (1) In this section, “substandard width lane" means a lane that is too narrow for a bicycle, electric scooter, or electric personal assistive mobility device and a motor vehicle to travel safely side by side within the lane.

AB159,66 Section 66. 346.80 (2) (a) (intro.) of the statutes is amended to read:

AB159,21,18 346.80 (2) (a) (intro.) Any person operating a bicycle, electric scooter, or electric personal assistive mobility device upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand edge or curb of the unobstructed traveled roadway, including operators who are riding 2 or more abreast where permitted under sub. (3), except:

AB159,67 Section 67. 346.80 (2) (b) of the statutes is amended to read:

AB159,21,23 346.80 (2) (b) Notwithstanding par. (a), any person operating a bicycle, electric scooter, or electric personal assistive mobility device upon a one-way highway having 2 or more lanes available for traffic may ride as near the left-hand edge or curb of the roadway as practicable.

AB159,68 Section 68. 346.80 (2) (c) of the statutes is amended to read:

AB159,22,7 346.80 (2) (c) Any person operating a bicycle , electric scooter, or electric personal assistive mobility device upon a roadway shall exercise due care when passing a standing or parked vehicle or a vehicle proceeding in the same direction and, when passing a standing or parked vehicle that is a school bus that is not displaying flashing red warning lights as provided in s. 346.48 (1) or a motor bus, shall allow a minimum of 3 feet between the bicycle, electric scooter, or electric personal assistive mobility device and the vehicle.

AB159,69 Section 69. 346.80 (3) (a) of the statutes is amended to read:

AB159,22,13 346.80 (3) (a) Persons riding bicycles, electric scooters, or electric personal assistive mobility devices upon a roadway may ride 2 abreast if such operation does not impede the normal and reasonable movement of traffic. Bicycle , electric scooter, or electric personal assistive mobility device operators riding 2 abreast on a 2-lane or more roadway shall ride within a single lane.

AB159,70 Section 70. 346.80 (3) (b) of the statutes is amended to read:

AB159,22,17 346.80 (3) (b) Persons riding bicycles upon a roadway may not ride more than 2 abreast except upon any path, trail, lane or other way set aside for the exclusive use of bicycles, electric scooters, and electric personal assistive mobility devices.

AB159,71 Section 71. 346.80 (4) of the statutes is amended to read:

AB159,22,22 346.80 (4) No person may operate a bicycle, electric scooter, electric personal assistive mobility device, or moped upon a roadway where a sign is erected indicating that bicycle, electric scooter, electric personal assistive mobility device, or moped riding is prohibited.

AB159,72 Section 72. 346.80 (5) of the statutes is amended to read:

AB159,23,3 346.80 (5) Except as provided in ss. 346.23, 346.24, 346.37, and 346.38, every rider of a bicycle, electric scooter, or electric personal assistive mobility device shall, upon entering on a highway, yield, and every personal delivery device operator shall ensure that the personal delivery device, upon entering on a highway, yield the right-of-way to motor vehicles.

AB159,73 Section 73. 346.803 (title) of the statutes is amended to read:

AB159,23,6 346.803 (title) Riding bicycle , electric scooter, or electric personal assistive mobility device on bicycle way.

AB159,74 Section 74. 346.803 (1) (intro.) of the statutes is amended to read:

AB159,23,9 346.803 (1) (intro.) Every person operating a bicycle , electric scooter, or electric personal assistive mobility device upon a bicycle way shall:

AB159,75 Section 75. 346.803 (1) (a) of the statutes is amended to read:

AB159,23,13 346.803 (1) (a) Exercise due care and give an audible signal when passing a bicycle, electric scooter, or electric personal assistive mobility device rider or a pedestrian proceeding in the same direction.

AB159,76 Section 76. 346.803 (2) of the statutes is amended to read:

AB159,23,17 346.803 (2) Every person operating a bicycle , electric scooter, or electric personal assistive mobility device upon a bicycle way open to 2-way traffic shall ride on the right side of the bicycle way.

AB159,77 Section 77. 346.803 (3) of the statutes is amended to read:

AB159,23,21 346.803 (3) Every operator of a bicycle, electric scooter, or electric personal assistive mobility device entering a bicycle way shall yield the right-of-way to all bicycles and pedestrians in the bicycle way.

AB159,78 Section 78. 346.803 (4) of the statutes is amended to read:

AB159,23,25 346.803 (4) Except as provided in s. ss. 349.236 (1) (bm) and 349.237, a person may operate an electric personal assistive mobility device, or an electric scooter at a speed not to exceed 15 miles per hour, upon any bicycle path.

AB159,79 Section 79. 346.804 of the statutes is amended to read:

AB159,24,6 346.804 Riding bicycle on sidewalk. When local authorities under s. 346.94 (1) permit bicycles on the sidewalk, every person operating a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle, electric scooter, or electric personal assistive mobility device rider or a pedestrian proceeding in the same direction.

AB159,80 Section 80. 346.805 of the statutes is amended to read:

AB159,24,15 346.805 Riding electric scooter or electric personal assistive mobility device on sidewalk. Except as provided in ss. 346.94 (18) (a) 2. and (18s), 349.236 (1) (b), and 349.237, a person may operate an electric scooter or an electric personal assistive mobility device upon any sidewalk. Every person operating an electric scooter or an electric personal assistive mobility device upon a sidewalk shall yield the right-of-way to any pedestrian or bicyclist and shall exercise due care and give an audible signal when passing a bicycle or other electric scooter or electric personal assistive mobility device or a pedestrian proceeding in the same direction.

AB159,81 Section 81. 346.94 (12) of the statutes is amended to read:

AB159,24,23 346.94 (12) Driving on bicycle lane or bicycle way. No operator of a motor vehicle may drive upon a bicycle lane or bicycle way except to enter a driveway, to merge into a bicycle lane before turning at an intersection, or to enter or leave a parking space located adjacent to the bicycle lane or bicycle way. Persons operating a motor vehicle upon a bicycle lane or bicycle way shall yield the right-of-way to all bicycles, electric scooters, and electric personal assistive mobility devices within the bicycle lane or bicycle way.

AB159,82 Section 82 . 346.94 (18s) of the statutes is created to read:

AB159,25,5 346.94 (18s) Electric scooters on roadways, sidewalks, bicycle lanes, and bicycle ways. (a) Except as otherwise prohibited in this chapter, a person may operate an electric scooter upon any roadway, sidewalk, bicycle lane, or bicycle way that is under the jurisdiction of the department or that is open to operation of bicycles.

AB159,25,9 (b) A person may operate an electric scooter upon any roadway, sidewalk, bicycle lane, or bicycle way under the jurisdiction of a local authority, subject to any restrictions or prohibitions specified by municipal ordinance enacted under s. 349.237.

AB159,25,11 (c) No person may operate an electric scooter upon any roadway, sidewalk, bicycle lane, or bicycle way at a speed in excess of 15 miles per hour.

AB159,83 Section 83. 347.02 (1) (i) of the statutes is amended to read:

AB159,25,13 347.02 (1) (i) Electric scooters and electric personal assistive mobility devices.

AB159,84 Section 84. 347.245 (1) of the statutes is amended to read:

AB159,26,6 347.245 (1) No person may operate on a highway any vehicle or equipment, any implement of husbandry, any animal-drawn vehicle, or any other machinery, including all road machinery, that usually travels at speeds of less than 25 miles per hour or any vehicle operated under a special restricted operator's license issued under s. 343.135 or any lightweight utility vehicle, as defined in s. 346.94 (21) (a) 2., unless there is displayed on the most practicable visible rear area of the vehicle or combination of vehicles, a slow moving vehicle (SMV) emblem as described in and displayed as provided in sub. (2). Any towed vehicle or machine is exempt from this provision if the towing vehicle is visible from the rear and is in compliance with this section. All road machinery is excluded when it is engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs. The requirement of the emblem shall be in addition to any lighting devices required or permitted by law. Mopeds and motor bicycles are excluded from the provisions of this section unless they are operated under a special restricted operator's license issued under s. 343.135. Electric scooters, electric personal assistive mobility devices, and personal delivery devices are excluded from the provisions of this section. The SMV emblem need not be displayed on vehicles moving directly across the highway.

AB159,85 Section 85. 347.489 (1) of the statutes is amended to read:

AB159,26,24 347.489 (1) No person may operate a bicycle, motor bicycle, personal delivery device, electric scooter, or electric personal assistive mobility device upon a highway, sidewalk, bicycle lane, or bicycle way during hours of darkness unless the bicycle, motor bicycle, personal delivery device, electric scooter, or electric personal assistive mobility device is equipped with or, with respect to a bicycle or motor bicycle, the operator is wearing, a lamp emitting a white light visible from a distance of at least 500 feet to the front of the bicycle, motor bicycle, personal delivery device, electric scooter, or electric personal assistive mobility device. A bicycle, motor bicycle, personal delivery device, electric scooter, or electric personal assistive mobility device shall also be equipped with a red reflector that has a diameter of at least 2 inches of surface area or, with respect to an electric scooter or an electric personal assistive mobility device, that is a strip of reflective tape that has at least 2 square inches of surface area, on the rear so mounted and maintained as to be visible from all distances from 50 to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in lieu of the red reflector.

AB159,86 Section 86. 347.489 (2) of the statutes is amended to read:

AB159,27,5 347.489 (2) No person may operate a bicycle, motor bicycle, electric scooter, or electric personal assistive mobility device upon a highway, bicycle lane, or bicycle way unless it is equipped with a brake in good working condition, adequate to control the movement of and to stop the bicycle, motor bicycle, electric scooter, or electric personal assistive mobility device whenever necessary.

AB159,87 Section 87. 347.489 (3) of the statutes is amended to read:

AB159,27,10 347.489 (3) No bicycle, motor bicycle, electric scooter, or electric personal assistive mobility device may be equipped with nor may any person riding upon a bicycle, motor bicycle, electric scooter, or electric personal assistive mobility device use any siren or compression whistle.

AB159,88 Section 88. 348.01 (2) (d) of the statutes is amended to read:

AB159,27,16 348.01 (2) (d) “Vehicle for recreational use" includes a bicycle, moped, motor bicycle, motorcycle, all-terrain vehicle, utility terrain vehicle, snowmobile, boat, as defined in s. 30.50 (2), sailboard, as defined in s. 30.50 (11), personal watercraft, electric scooter, or electric personal assistive mobility device, but does not include an automobile, motor truck, motor home, play vehicle, or in-line skates.

AB159,89 Section 89. 349.015 of the statutes is amended to read:

AB159,27,23 349.015 Applicability of chapter to electric scooters and electric personal assistive mobility devices. An electric scooter and an electric personal assistive mobility device shall be considered a vehicle for purposes of this chapter, except those provisions which by their express terms apply only to motor vehicles or which by their very nature would have no application to electric scooters or electric personal assistive mobility devices.

AB159,90 Section 90 . 349.237 of the statutes is created to read:

AB159,28,7 349.237 Authority to regulate operation of electric scooters. The governing body of any municipality or county may, by ordinance, regulate the rental and operation of electric scooters in a manner consistent with the provisions of this chapter and with the regulation of bicycles, including by restricting or prohibiting operation on sidewalks or on streets with speed limits in excess of 25 miles per hour or by restricting or prohibiting the short-term commercial rental of electric scooters to the general public.

AB159,91 Section 91. 779.41 (2) of the statutes is amended to read:

AB159,28,18 779.41 (2) Every keeper of a garage or repair shop who alters, repairs, or does any work on any detached accessory, fitting, or part of an automobile, a truck, a motorcycle, a moped, a motor bicycle or similar motor vehicle, a bicycle, an electric scooter, or an electric personal assistive mobility device, at the request of the owner or legal possessor thereof, shall have a lien upon and may retain possession of any such accessory, fitting, or part until the charges for such alteration, repairing, or other work have been paid. If the detached article becomes attached to such motor vehicle, bicycle, electric scooter, or electric personal assistive mobility device while in the possession of the keeper, the keeper has a lien on the motor vehicle, bicycle, electric scooter, or electric personal assistive mobility device under sub. (1).

AB159,28,19 (End)