Wisconsin Legislature: Trans 305.02(1)(d)

Trans 305.44 Mirrors.

Trans 305.45 Sidecars.

Trans 305.46 Suspension system.

Trans 305.47 Tires, wheels and rims.

Subchapter IV — Heavy Trucks, Trailers and Semitrailers

Trans 305.48 Definitions.

Trans 305.485 Applicability of subch. II.

Trans 305.49 Axle control valves.

Trans 305.50 Bed and body on trailers and semitrailers.

Trans 305.51 Brakes on heavy trucks, trailers and semitrailers.

Trans 305.52 Coupling devices.

Trans 305.53 Fenders and mud guards.

Trans 305.54 Frames on heavy trucks, trailers and semi-trailers.

Trans 305.55 Lighting devices.

Trans 305.56 Rear end protection.

Trans 305.57 Suspension system on heavy trucks, trailers and semitrailers.

Trans 305.58 Wiring.

Note: Chapter MVD 5 as it existed on February 29, 1996 was repealed and a new chapter Trans 305 was created effective March 1, 1996.

Subchapter I — General Provisions

Trans 305.01 Purpose and scope.

(1) The purpose of this chapter is to prescribe minimum equipment requirements for vehicles and standards for the equipment used on vehicles.

(2) This chapter includes equipment requirements for manufactured, homemade, street modified, replica and reconstructed vehicles and motor vehicles, including automobiles, light trucks, heavy trucks, motorcycles, motor homes, trailers and semi-trailers.

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.02 Applicability.

(1) This chapter does not apply to the following vehicles:

(a) Farm tractors and self-propelled farm implements.

(b) Implements of husbandry as defined in s. 340.01 (24), Stats.

(d) Road machinery.

(e) Bicycles.

(f) Motor bicycles or mopeds.

(g) Golf carts operated in accordance with s. 349.18 (1) (b), Stats.

(h) Homemade, street modified, replica or reconstructed motor vehicles owned by a nonresident that are domiciled and registered in a foreign jurisdiction and temporarily operated in Wisconsin.

(i) Homemade or reconstructed vehicles registered as homemade or reconstructed vehicles in Wisconsin before January 1, 1975.

(2) Except as provided in sub. (4):

(a) Subchapter II applies to automobiles, light trucks and motor homes.

(b) Subchapter III applies to motorcycles.

(3) Homemade or reconstructed vehicles registered in Wisconsin on or after January 1, 1975, shall meet the vehicle equipment standards in subchs. II, III and IV applicable to vehicles of the same type which are manufactured in the year in which the homemade or reconstructed vehicle is first registered in Wisconsin except as specifically provided. When subchs. II, III and IV make equipment standards applicable to vehicles manufactured after a certain date, the standards apply to homemade and reconstructed vehicles first registered in Wisconsin after that date.

(4) Vehicles covered under subchs. II, III and IV that are street modified or replica vehicles shall meet the following vehicle equipment requirements:

(a) The vehicle equipment requirements for a street modified vehicle shall be the same as the vehicle equipment requirements for a vehicle of the same type and model year that is not a street modified vehicle.

(b) The vehicle equipment requirements for a replica vehicle shall be the same as the vehicle equipment requirements for a vehicle of the same type and model year as the vehicle used for purposes of the reproduction.

(5) No section of this chapter requires vehicles meeting equipment requirements established by Wisconsin or federal law for the year of original manufacture to update vehicle equipment to meet increased requirements under this chapter unless updating is required by ch. 347, Stats., or sub. (3).

(6) Vehicles that were legally titled and registered in another jurisdiction and that met vehicle equipment standards established by the law of the other jurisdiction and are in compliance with Wisconsin equipment requirements for that model year are not required to update vehicle equipment to meet increased requirements under this chapter upon titling and registration in Wisconsin unless updating is required by ch. 347, Stats.

(7) Nothing in this chapter is intended to modify the provisions of ch. 347, Stats., and all vehicles to which this chapter applies shall also comply with the requirements of ch. 347, Stats.

(8) Nothing in this chapter is intended to modify the provisions of chs. Trans 308, 325, 326, and 327, and all vehicles to which subch. IV applies shall also comply with all applicable requirements of chs. Trans 308, 325, 326, and 327.

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (6), Register, October, 1997, No. 502, eff. 11-1-97; corrections in (8) made under s. 13.93 (2m) (b) 7., Stats., Register May 2004 No. 581.

Trans 305.03 Enforcement. No person may operate or allow to be operated on Wisconsin highways any vehicle subject to this chapter that is not in conformity with the applicable requirements of this chapter. Whenever this chapter requires a lamp or device to be mounted at a certain height, the distance shall be measured from the center of the lamp or device to the level ground upon which the vehicle stands when such vehicle is without load.

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.04 Penalty. Unless a different penalty is provided by statute, any violation of this chapter shall be punishable as prescribed in s. 110.075 (7), Stats.

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.05 Definitions. Words and phrases defined in chs. 340 and 341, Stats., are used in the same sense in this chapter unless a different definition is specified. In this chapter:

(1) “Adverse weather lamp” has the meaning provided in s. 340.01 (1m), Stats.

(2) “Air pollution control equipment” has the meaning provided in s. 285.30 (6), Stats.

(3) “Auxiliary lamp” means any lamp mounted on a vehicle with a bulb having wattage in excess of 10 watts and which is not required equipment under ch. 347, Stats., or this chapter, except a spot lamp. Auxiliary lamps may include adverse weather lamps, fog lamps, driving lamps and off-road lamps.

(4) “Back-up lamp” means any lamp designed to provide road illumination to the rear of a vehicle when the vehicle is in reverse gear.

(5) “Braking system” means the components required to stop a motor vehicle including the braking pedal, master cylinder, connecting hoses, lines, fluids, linkage, drums, shoes, rotors, pads, calipers and parking brake.

(6) “Bumper” means a device mounted at the front or rear of a vehicle for absorbing shock and providing a contact point that may reduce damage to the vehicle in a collision.

(7) “Designated seating position” has the meaning provided in 49 CFR 571.3.

(7m) “Door handle” means a device including a knob, latch release or lever that is used to open or close, or both, a door either from the interior or exterior of a vehicle.

(8) “Driver’s compartment” means the interior part of the vehicle designed for use by the vehicle operator while controlling the movement of the vehicle.

(9) “Driving lamp” means an auxiliary lamp which projects a fixed narrow beam of light intended to illuminate objects beyond the normal distance illuminated by headlamps.

(10) “Exhaust system” means all components used on a motor vehicle for discharging exhaust fumes including mufflers.

(11) “Federal clean air act” has the meaning provided in s. 285.30 (1) (a), Stats.

(12) “Fender” means a guard or covering over the wheels of a vehicle to prevent the splashing of water, mud or other materials which may be thrown by the wheels.

(13) “Firewall” means that portion of the vehicle separating the passenger compartment from the engine compartment.

(14) “Floor pan” means that portion of a vehicle separating the passenger and trunk compartments from the road beneath a vehicle.

(15) “Fog lamp” means an auxiliary lamp using a fluted lens which projects a wide-angle beam of light intended to illuminate objects 400 to 700 feet in front of a vehicle. This lamp is also referred to as an adverse weather lamp.

(16) “Frame” means the structure which supports the body, drive train, steering mechanism and axles of the vehicle. The frame includes the structural components of unibodies and may include chassis components if they are an integral part of the structural integrity of the vehicle.

(17) “Fuel system” includes the fuel tank, cap, filler pipe, pump, carburetor, injector systems and all accompanying components.

(18) “Hazard warning lamps” means lamps that flash simultaneously to the front and rear on both the right and left sides of a motor vehicle to warn motorists of a hazard.

(19) “Heavy truck” means a motor truck, truck tractor, or road tractor with a gross vehicle weight rating or actual gross weight of more than 10,000 pounds. The term also includes any combination vehicle where one of the vehicles in the combination is a motor truck, truck tractor or road tractor and the gross combination weight rating or actual weight of the combination exceeds 10,000 pounds.

(20) “High-mounted stop lamp” means an additional lamp of a stop lamp system giving a brake-actuated, steady warning light to the rear of the vehicle intended to provide a signal to both the operator of the next following vehicle and through intervening vehicles to the operators of the other following vehicles.

(21) “Homemade vehicle” has the meaning provided in s. 341.268 (1) (b), Stats.

(22) “Horn” means a warning device, mounted on a motor vehicle, which produces audible sound.

(23) “Immediate family member” means a spouse, child, stepchild, foster child or other dependent if the spouse, child, stepchild, foster child or other dependent resides in the household of the owner of a motor vehicle.

(24) “Lash” means the condition in which the steering wheel may be turned through some part of a revolution without associated movement of the wheel or wheels that turn the vehicle.

(25) “Light truck” means a motor truck, truck tractor, road tractor or combination vehicle with a gross vehicle weight rating or actual gross weight of 10,000 pounds or less.

(26) “Manufactured” means produced by a manufacturer of vehicles as defined in s. 340.01 (28), Stats.

(27) “Nontransparent materials” means all materials, including those that may be sprayed or painted, on motor vehicle glazing, which reduce the amount of visible light passing through the motor vehicle glazing material or otherwise restrict or distort the clear view of any object or person. The term does not include tinted films applied to the interior or exterior surface of motor vehicle glazing material.

(28) “Parking lamps” means 2 lamps mounted on the front of a motor vehicle, one on each side, designed to mark the front of the vehicle when parked.

(29) “Reconstructed vehicle” has the meaning provided in s. 341.268 (1) (d), Stats.

(30) “Registration plate lamp” means a lamp designed to illuminate the rear registration plate of a vehicle.

(31) “Replica vehicle” has the meaning provided in s. 341.268 (1) (e), Stats.

(32) “Restraining device” means any device designed to secure persons in the seat of a motor vehicle, including safety belts and airbags, in order to mitigate the results of any accident.

(33) “Safety belt” has the meaning provided in s. Trans 310.02 (3).

(34) “Shock absorbing device” means an energy dissipating device on a vehicle which increases vehicle stability and improves steering, handling and ride performance. It includes shock absorbers and struts.

(35) “Side marker lamps” means lamps used on each side of a vehicle to indicate its length and to make the vehicle visible when approaching from the side.