Chapter NR 64

Register February 2006 No. 602

Chapter NR 64

ALL-TERRAIN VEHICLES

NR 64.01   Purpose and applicability.

NR 64.02   Definitions.

NR 64.03   Registration.

NR 64.04   Registration decals.

NR 64.05   Change of address.

NR 64.06   Completion of application for registration by all-terrain vehicle dealers.

NR 64.07   Operating rules.

NR 64.075   Sanctioned races and derbies.

NR 64.08   Owner permitting operation.

NR 64.085   Refusal to allow testing.

NR 64.09   Safety certification program.

NR 64.10   Accident report confidential.

NR 64.11   Coroners and medical examiners to report: require blood specimen.

NR 64.12   Routes.

NR 64.13   General aids provisions.

NR 64.14   All-terrain vehicle trail aid.

NR 64.01 NR 64.01 Purpose and applicability. This chapter applies to owners and operators of all-terrain vehicles, dealers who sell all-terrain vehicles, towns, villages, cities, counties, the state and federal agencies. This chapter establishes standards for the implementation of the all-terrain vehicle program under s. 23.33, Stats.

NR 64.01 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86.

NR 64.02 NR 64.02 Definitions. In this chapter:

NR 64.02(1) (1) “All-terrain vehicle area” means a designated area that contains all-terrain vehicle riding courses and support facilities.

NR 64.02(2) (2) “All-terrain vehicle route” means a highway or sidewalk designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction.

NR 64.02(3) (3) “All-terrain vehicle trail” means a marked corridor on public property or on private lands subject to public easement or lease, designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction, but excluding roadways of highways except those roadways which are not seasonally maintained for motor vehicle traffic.

NR 64.02(4) (4) “Applicant” means the unit of government or agency applying for a grant under this chapter.

NR 64.02(5) (5) “Approval” means the signing by the secretary or secretary’s designee of a project agreement encumbering a specified amount of state aid funds for a specific purpose.

NR 64.02(6) (6) “Department” means department of natural resources.

NR 64.02(7) (7) “Enforcement” means the detection and prevention of civil violations.

NR 64.02(8) (8) “Force account” means the performance of a development or maintenance project with the forces and resources of the sponsor, including personal services, equipment and materials.

NR 64.02(9) (9) “Fringe benefits” means employers’ contributions or expenses for social security, employee’s life and health insurance plans, unemployment insurance coverage, workers compensation insurance, pension retirement plans, and employee benefits in the form of regular compensation during authorized absences from the job (i.e., annual, sick, court or military leave). These contributions and expenses must be equitably distributed to all employee labor activities.

NR 64.02(9m) (9m) “Hybrid Trail (Troute)” means an all-terrain vehicle trail and route combination that allows all-terrain vehicles and motor vehicles to utilize the same linear surface and the combination is used as a trail connector as defined in sub. (15).

NR 64.02(10) (10) “Indirect costs” means those costs not directly assignable to a grant, program or project. Such costs are generally administrative in nature, are incurred for a common or joint purpose, or are not readily assignable to a project or program.

NR 64.02(11) (11) “Project agreement” means a contract between the sponsor and department setting forth the obligations with regard to a portion or all of a specific project.

NR 64.02(12) (12) “Project period” means the period of time specified in the project agreement during which all work shall be completed.

NR 64.02(12e) (12e) “Raceway facility” means an area, including a marked warmup and testing area, specifically designated by a sponsor for the purpose of conducting a sanctioned race or derby for which any required local permits have been obtained.

NR 64.02(12r) (12r) “Sanctioned race or derby” means a competitive all-terrain vehicle event sponsored by a local unit of government, chamber of commerce, an all-terrain vehicle club, promoter, or similar organization.

NR 64.02(13) (13) “Secretary” means the secretary of the department of natural resources.

NR 64.02(14) (14) “Sponsor” means local unit of government, state agency, or federal agency receiving assistance.

NR 64.02(15) (15) “Trail Connector” means an all-terrain vehicle trail that connects one trail to another trail or services.

NR 64.02 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; cr. (12e) and (12r), Register, November, 1989, No. 407, eff. 12-1-89; CR 11-050: cr. (9m), (15) Register July 2012 No. 679, eff. 8-1-12.

NR 64.03 NR 64.03 Registration.

NR 64.03(1) (1) Application. Upon receipt of the required fees under s. 23.33 (2), Stats., payment of any sales and use taxes due under s. 77.61 (1), Stats., and an application on a form provided by the department, the department shall issue to the applicant a registration certificate stating the registration number, the name and address of the owner, and other information the department deems necessary.

NR 64.03(2) (2) Issuance.

NR 64.03(2)(a) (a) The department shall issue 2 registration decals with the registration certificate for each all-terrain vehicle owned by an individual owner. The decals shall be no larger than 4 inches in height and 4 inches in width or 4 inches in diameter and shall contain reference to the state, the department, and a machine identification number. Registration decals for all-terrain vehicles registered for public use shall also contain a reference to the expiration date of the registration.

NR 64.03(2)(b) (b) The department may designate authorized distributors of registration decals.

NR 64.03(3) (3) Expiration.

NR 64.03(3)(a) (a) All-terrain vehicle public use registration shall be valid for 2 years beginning July 1 or the date of issuance or renewal and ending June 30 of the second year following the date of issuance or renewal.

NR 64.03(3)(b) (b) All-terrain vehicle private use registration shall be valid from the date of issuance until ownership of the all-terrain vehicle is transferred.

NR 64.03(4) (4) Duplicate. If a registration certificate or registration decal is lost or destroyed, the owner may apply for a duplicate on a form provided by the department. Upon receipt of a proper application and the required fee, the department or its authorized agents shall issue a duplicate registration certificate or registration decal to the owner.

NR 64.03(5) (5) Transfer. Upon transfer of ownership of an all-terrain vehicle for which a registration certificate has been issued, the seller shall deliver the assigned certificate to the purchaser at the time of sale. The purchaser shall complete an application for transfer on a form provided by the department and mail or deliver it to the department within 10 days after the date of purchase.

NR 64.03(6) (6) Renewal. Prior to the end of the registration period, the department shall send the owner of each all-terrain vehicle registered for public use a 2 part renewal application. The owner shall complete and sign both portions of the renewal application and return one portion and the proper fee to the department. Upon receipt of the registration certificate and the registration decals, the owner shall destroy the remaining portion of the application. Failure to receive a renewal application does not relieve the owner of the obligation to renew the all-terrain vehicle registration.

NR 64.03(7) (7) If an all-terrain vehicle is junked, the owner shall return the registration certificate to the department marked “junked.”

NR 64.03(8) (8) All-terrain vehicles owned and operated by the state or by any county or municipality of this state shall display registration decals.

NR 64.03(9) (9) No municipality may register or license all-terrain vehicles. Municipalities may charge a seasonal or daily all-terrain vehicle area use fee but may not charge a seasonal or daily trail use fee if the municipality receives trail maintenance aids under s. NR 64.14.

NR 64.03(10) (10) 

NR 64.03(10)(a) (a) An all-terrain vehicle that is not registered pursuant to s. 23.33 (2) (a), Stats., or is not exempt from registration under s. 23.33 (2) (b) 1., 3. or 4., Stats., is exempt from displaying out of state registration if the all-terrain vehicle displays a current Wisconsin all-terrain vehicle nonresident trailpass and has not been in Wisconsin for more than 15 consecutive days.