Wisconsin Legislature: Trans 305.19(4)(a)

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (1), Register, October, 1997, No. 502, eff. 11-1-97.

Trans 305.17 Brakes.

(1) The brake system on every motor vehicle shall be maintained in proper working condition and in conformity with this section and s. 347.36, Stats.

(2) Every motor vehicle shall have:

(a) Braking ability on every wheel.

(b) No noticeable side pull or excessive vibration when the brakes are applied.

(d) A brake system fully connected and free of leaks.

(e) Linings, pads, drums and rotors that all meet manufacturer’s minimum recommendations.

(f) An adequate parking brake meeting the requirements of s. 347.35, Stats.

(3) All replacement brake lines shall be made only of materials meeting or exceeding the specifications of the brake system manufacturer.

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

Trans 305.18 Bumpers.

(1)

(a) Every motor vehicle manufactured after September 1, 1972, and required by federal law to be equipped with bumpers or crash resistance protection, or both, shall be equipped with bumpers which shall be maintained in good condition and in conformity with this section. Replacement equipment shall be the same type as originally required or of equivalent size, strength and surface area. The bumpers may be mounted externally on the vehicle or installed within the front and rear extremes of the vehicle.

(b) Every homemade or reconstructed motor vehicle registered after January 1, 1975, shall be equipped with front and rear bumpers which provide damage protection that is equivalent to that provided by the bumpers of vehicles manufactured for sale in the year the homemade or reconstructed vehicle is first registered. Such bumpers may be mounted externally on the vehicle or installed within the front and rear extremes of the vehicle. Homemade and reconstructed vehicles registered in Wisconsin prior to March 1, 1996 may comply with either this section or the previous rules governing homemade vehicles.

(c) Light trucks manufactured on or after January 1, 1997 are required to have rear end protection in accordance with s. Trans 305.56. Light trucks operated under s. 341.47 (1), Stats., are exempt from the requirements of this paragraph.

(2)

(a) All required bumpers shall be securely mounted to the vehicle and at a height that does not vary from the manufacturer’s specifications by more than is permitted under s. 347.455, Stats. In the absence of manufacturer’s specifications, every required bumper shall provide a contact point no higher than 30 inches from the level surface on which the vehicle stands.

(b) No required bumper may be constructed of wood except that an additional wood bumper may be added to a legal metal bumper.

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (1) (a), Register, October, 1997, No. 502, eff. 11-1-97.

Trans 305.19 Doors, hoods, locks, latches and door handles.

(1) Every door, hood and trunk lid of a motor vehicle shall be maintained in proper working condition and shall be equipped with sufficient hinges and latches so it can be opened and securely closed.

(2)

(a) Every motor vehicle, except those manufactured with removable doors or without doors, shall be equipped with doors. Open top designed vehicles are not required to have operating doors when the vehicle is operated without a top.

(b) The hood or engine of a vehicle shall have no protrusions that will restrict the driver’s view by extending more than 3 inches above a line that extends from the center of the hood at the base of the windshield, forward and parallel with the highway.

(3) A trunk lid or hatchback may be temporarily secured in an open position when transporting oversized objects that prevent complete lid closure.

(4)

(a) All door handles on every motor vehicle shall be maintained in proper working order.

(b) Except as provided in subs. (5) and (6), no person may operate, or allow to be operated, on a highway a motor vehicle on which the door handles installed by the manufacturer of the motor vehicle have been disabled, removed or made inoperative. This paragraph does not apply to replica or street modified vehicles.

(5) Nothing in this section prohibits the interior door handles of the rear door or side rear doors of authorized emergency vehicles being intentionally made inoperative.

(6) Nothing in this section prohibits the interior door handles of the rear door or side rear doors of a vehicle being intentionally made inoperative by use of a child security door latch system or other door locking mechanism installed by the manufacturer of the vehicle.

Note: The vehicles to which this section applies include a vehicle designed to transport at least 6, but not more than 14, passengers in addition to the driver and commonly called a “van.” In Wisconsin, a van is registered as an automobile if it is primarily used for the transportation of persons; a van is registered as a truck if it is primarily used for the transportation of property.

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (1) and (2) (b), Register, October, 1997, No. 502, eff. 11-1-97; CR 01-120: renum. (4) to be (5) and am., cr. (4) and (6) Register May 2002 No. 557, eff. 6-1-02.

Trans 305.20 Exhaust and air pollution control systems.

(1) The exhaust system on every motor vehicle shall be maintained in proper working condition and in conformity with this section and s. 347.39, Stats.

(2) Piping used in exhaust systems shall be of the rigid type. Convoluted pipe meets this requirement, but flexible tubing may not be used in the exhaust system.

(3) Every exhaust system located so as to be hazardous to a person outside the vehicle or to a person entering or leaving a vehicle shall be protected in order to prevent such person from being burned or otherwise injured. The exhaust system location shall be considered hazardous if it extends beyond the body line for those systems where the exhaust pipes are on or extend to the side of the vehicle. A system where the exhaust pipes extend upward along the side or rear of the body shall also be protected in order to prevent persons from being burned or otherwise injured.

(4) The muffler and all parts of the exhaust system shall be functioning and may not be repaired by an inadequate patch or improperly discharge fumes.

(5) The tail pipe shall extend to the outside body line of the vehicle, except that light trucks may have the exhaust outlet extend only to the rear of the vehicle cab if the cargo area is not enclosed and used for passenger transportation.

(6) The exhaust system may not be modified so as to pass through the passenger compartment.

(7) All air pollution control equipment required by the federal clean air act and its implementing regulations shall remain installed or be replaced with identical or comparable tested parts. Air pollution control equipment originally installed by the manufacturer or identical or comparable tested replacement equipment may not be removed, disconnected or physically altered to be ineffective.

(8) All air pollution control equipment required under sub. (7) shall be maintained in proper working condition and in conformity with s. 285.30 (6), Stats., and ch. Trans 131.

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (6) and (8), Register, October, 1997, No. 502, eff. 11-1-97.

Trans 305.21 Floor pan and firewall.

(1) The floor pan of every motor vehicle shall be maintained in good condition and in conformity with this section.

(2) The floor pan shall be free of rusted areas or holes which may allow entry of exhaust gases or would not adequately support vehicle occupants or cargo.

(3) No motor vehicle body may be raised above the frame more than 4 inches beyond the original manufacturer’s specifications. In the absence of such specifications, and on homemade and reconstructed vehicles, no body may be mounted with the floor pan more than 4 inches above the frame.

(4) The firewall shall be maintained free of any holes. Any mechanisms, cables or wires routed through the firewall shall be properly sealed to prevent the entry of exhaust gases into the passenger compartment.

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

Trans 305.22 Fenders and projecting parts.

(1) Every motor vehicle originally manufactured after January 1, 1950, every homemade vehicle registered after January 1, 1975, and every vehicle registered as a reconstructed vehicle after March 1, 1996 shall be equipped with adequate fenders covering the front and rear tires to prevent splashing of water and throwing of gravel, stones or other objects.

(2) All fenders shall be free of severely rusted or damaged material which may cause injury or cause the fenders to be ineffective. All required fenders shall be of sufficient width and length to cover the tire tread from 15 degrees to the front to 60 degrees to the rear when measured at the center of the axle, to the top of the tire, on a vertical plane.

(3) All fenders shall be securely mounted.

(4) Fenders may be extended up to 4 inches beyond the original fender line or the manufacturer’s optional equipment fender flare line in order to cover tires that also extend beyond the original fender or flare line.

(5) No part of the vehicle or any vehicle accessory shall project away from the vehicle in a hazardous manner.

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; correction of transcription error in (2) Register December 2010 No. 660.

Trans 305.23 Frames.

(1) The frame on every motor vehicle shall be maintained in proper condition and in conformity with this section.

(2) Repairs, modifications or additional frame support are acceptable if they do not reduce the structural integrity or affect the alignment of the vehicle. Braze type welding may not be used on any repairs made to the frame.

(3) The frame may not be rusted or twisted to the extent that it no longer properly supports the vehicle or no longer provides the structural integrity necessary for correct alignment or safety.

(4) The vehicle may not be noticeably out of wheel alignment due to inadequate or improper repair or modification of the frame.

(5) No part of the frame may be missing due to excessive rust or uncorrected damage.

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (4), Register, October, 1997, No. 502, eff. 11-1-97.

Trans 305.24 Fuel systems.

(1) The fuel system of every motor vehicle shall be in proper working condition and in conformity with this section.

(2) The fuel system shall be free of any leaks.

(3) The fuel tank shall be closed with a fitted metal or plastic cap and shall be rigidly attached to the vehicle.

(4) No fuel tank may be located in the passenger compartment of a motor vehicle unless it was installed by a motor vehicle manufacturer licensed under ss. 218.0101 to 218.0163, Stats., or is a replacement of such a tank.

(5) Replacement, auxiliary and alternate fuel tanks may be installed by the owner of the vehicle or by a person in the business of fuel system installation. All fuel tanks shall meet or exceed industry standards for commercially manufactured fuel tanks which are certified for use in the type of vehicle in which the fuel tank is installed and for use with the type of fuel the tank is intended to contain. All installations shall be in accordance with commercially acceptable practices.

History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; r. (5), renum. (6) to be (5) and am., Register, October, 1997, No. 502, eff. 11-1-97; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register May 2002 No. 557.

Trans 305.25 Horn.

(1) The horn of every motor vehicle shall be maintained in proper working condition and in conformity with this section and s. 347.38, Stats.

(2) The horn wiring and connections shall be maintained in good condition.

(3) The horn shall be securely fastened to the vehicle.

(4) Every motor vehicle shall be equipped with a bar, button, ring or other actuation device for making electrical connection. The device shall be easily reached from the driver’s seat while the driver is secured by a safety belt. A hand-activated horn utilizing an air bulb does not meet the requirements of this section.

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

Trans 305.26 Mirrors.

(1) All motor vehicles originally manufactured with an inside mounted rearview mirror and all homemade and reconstructed motor vehicles registered after January 1, 1975, shall be equipped with an inside mounted rearview mirror. All motor vehicles originally manufactured with a left outside rearview mirror and all homemade and reconstructed motor vehicles registered after January 1, 1975, shall be equipped with a left outside rearview mirror.

(2) The mirrors of every motor vehicle shall be maintained in proper working condition and in conformity with this section and s. 347.40, Stats.

(3) No mirror may be broken, cracked, discolored, non-reflective or otherwise reflect an inadequate image. All mirrors shall be securely mounted on the vehicle.

(4) If the vehicle is constructed, loaded, or towing another vehicle so as to prevent the operator’s clear view to the right rear, adequate additional mirrors shall be installed on both sides of the outside of the vehicle.

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

Trans 305.27 Restraining devices and seats.

(1) All automobiles manufactured on or after January 1, 1972, shall have safety belts installed at all designated seating positions which meet the specifications of the safety belt system with which the vehicle was originally manufactured. All light trucks and motor homes manufactured after January 1, 1976, shall have safety belts installed at all designated seating positions which meet the specifications of the safety belt system with which the vehicle was originally manufactured. All homemade and reconstructed motor vehicles registered on or after January 1, 1975, shall have safety belts installed at all designated seating positions.

(2) All automobiles manufactured after January 1, 1969, and all light trucks and motor homes manufactured after September 1, 1991, shall be equipped with head restraints meeting the specifications of the head restraints with which the vehicle was originally manufactured. All homemade and reconstructed vehicles registered after January 1, 1975, shall be equipped with head restraints for the left and right front seating positions which meet the specifications of head restraints installed in vehicles manufactured in the year in which the homemade or reconstructed vehicle is first registered.

(3)

(a) Except as provided in par. (b), the restraining devices, including air bags, of every motor vehicle shall be maintained in proper working condition and in conformity with this section and s. 347.48, Stats. All required and optional restraining devices, including air bags, shall remain installed or be replaced by like equipment. All air bags that have been deployed shall be replaced with a comparable functioning air bag system.