23.33(1)(jc)(jc) “Proof,” when used in reference to evidence of a registration document, safety certificate, trail pass, or temporary trail use receipt, means the original registration document, safety certificate, trail pass, or temporary trail use receipt issued by the department or an agent appointed under sub. (2) (i) 3. or (2j) (f) 1. or any alternative form of proof designated by rule under s. 23.47 (1). 23.33(1)(je)(je) “Purpose of authorized analysis” means for the purpose of determining or obtaining evidence of the presence, quantity or concentration of any intoxicant in a person’s blood, breath or urine. 23.33(1)(jn)(jn) “Registration document” means an all-terrain vehicle or utility terrain vehicle registration certificate, a temporary operating receipt, or a registration decal. 23.33(1)(jo)(jo) “Restricted controlled substance” means any of the following: 23.33(1)(jo)1.1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol. 23.33(1)(jo)5.5. Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person’s blood. 23.33(1)(jp)(jp) “Small all-terrain vehicle” means an all-terrain vehicle that has 4 wheels and that has either an engine certified by the manufacturer at not more than 130 cubic centimeters or an equivalent power unit. 23.33(1)(jpm)(jpm) “Small utility terrain vehicle” means a utility terrain vehicle that has 4 wheels and that has either an engine certified by the manufacturer at not more than 200 cubic centimeters or an equivalent power unit. 23.33(1)(jq)(jq) “Snow removal device” means an attachment designed and installed for the purpose of removing snow. An attachment under this paragraph may be a plow blade, blower, bucket, or brush. 23.33(1)(jqm)(jqm) “State agency” means any office, department, or independent agency in the executive branch of state government. 23.33(1)(jr)(jr) “Temporary operating receipt” means a receipt issued by the department or an agent under sub. (2) (ig) 1. a. that shows that an application and the required fees for a registration certificate have been submitted to the department or an agent appointed under sub. (2) (i) 3. 23.33(1)(js)(js) “Test facility” means a test facility or agency prepared to administer tests under s. 343.305 (2). 23.33(1)(n)(n) “Used exclusively on private property” means use of an all-terrain vehicle or utility terrain vehicle by the owner of the vehicle or a member of his or her immediate family only on land owned or leased by the vehicle owner or a member of his or her immediate family. 23.33(1)(ng)(ng) “Utility terrain vehicle” means any of the following: 23.33(1)(ng)1.1. A commercially designed and manufactured motor driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was originally manufactured with, all of the following: 23.33(1)(ng)1.h.h. A width of not more than 65 inches as measured laterally between the outermost wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle’s basic operation. 23.33(1)(ng)1.j.j. A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident. 23.33(1)(ng)1.k.k. A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device. 23.33(1)(ng)2.2. A commercially designed and manufactured motor driven device to which all of the following applies: 23.33(1)(ng)2.a.a. It does not meet federal motor vehicle safety standards in effect on July 1, 2012; is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle; is designed to be used primarily off of a highway; and has, and was originally manufactured with, a weight, without fluids, of not more than 3,000 pounds. 23.33(1)(ng)2.b.b. It has a width of 65 inches or less as measured laterally between the outermost wheel rim on each side of the vehicle, exclusive of tires, mirrors, and accessories that are not essential to the vehicle’s basic operation. 23.33(1)(ng)2.c.c. It is equipped with a seat designed to be straddled by the operator. 23.33(1)(ni)(ni) “Utility terrain vehicle dealer” means a person engaged in the sale of utility terrain vehicles for a profit at wholesale or retail. 23.33(1)(nk)(nk) “Utility terrain vehicle distributor” means a person who sells or distributes utility terrain vehicles to utility terrain vehicle dealers or who maintains distributor representatives. 23.33(1)(nm)(nm) “Utility terrain vehicle manufacturer” means a person engaged in the manufacture of utility terrain vehicles for sale to the public. 23.33(1)(np)(np) “Utility terrain vehicle renter” means a person engaged in the rental or leasing of utility terrain vehicles to the public. 23.33 Cross-referenceCross-reference: See also definitions in s. 340.01. 23.33(1m)(1m) Utility terrain vehicle program. 23.33(1m)(b)(b) The department or a federal agency, county, or municipality may designate any of the following located within their respective jurisdictions: 23.33(1m)(b)1.1. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors that may be used by operators of utility terrain vehicles. 23.33(1m)(b)2.2. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors upon which utility terrain vehicle use is prohibited. 23.33(1m)(c)(c) No person may operate a utility terrain vehicle on an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor unless it is designated as an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor that may be used by operators of utility terrain vehicles as provided under this subsection. 23.33(2)(a)(a) Requirement. Except as provided in sub. (2k), no person may operate and no owner may give permission for the operation of an all-terrain vehicle or utility terrain vehicle within this state unless the all-terrain vehicle or utility terrain vehicle is registered for public use or for private use under this subsection or sub. (2g), is exempt from registration, or is operated with a plate or a sign to which a registration decal is attached in the manner specified under par. (dm) 3. Except as provided in sub. (2k), no person may operate and no owner may give permission for the operation of an all-terrain vehicle or utility terrain vehicle on an all-terrain vehicle route or an all-terrain vehicle trail unless the all-terrain vehicle or utility terrain vehicle is registered for public use under this subsection or sub. (2g). 23.33(2)(b)(b) Exemptions. An all-terrain vehicle or utility terrain vehicle is exempt from registration if it is: 23.33(2)(b)1.1. Owned or leased by a federal agency, state agency, political subdivision of the state, or another state or a political subdivision thereof, if the exterior of the all-terrain vehicle or utility terrain vehicle displays the name of the government entity in a visible manner, except as provided in subd. 1m. 23.33(2)(b)1m.1m. Owned or leased by a federal agency, state agency, political subdivision of the state, or another state or a political subdivision thereof and used for enforcement purposes. 23.33(2)(b)2m.2m. Covered by a valid registration of a federally recognized American Indian tribe or band, if all of the following apply: 23.33(2)(b)2m.a.a. The registration program of the tribe or band is covered by an agreement under s. 23.35. 23.33(2)(b)2m.b.b. The all-terrain vehicle or utility terrain vehicle displays the registration decal required by the tribe or band. 23.33(2)(b)3.3. Used exclusively for racing on a raceway facility. 23.33(2)(b)3m.3m. Present in this state, for a period not to exceed 15 days, and if it is used exclusively as part of an advertisement being made for the manufacturer of the all-terrain vehicle or utility terrain vehicle. 23.33(2)(b)5.5. Specified as exempt from registration by department rule. 23.33(2)(c)1.1. Any all-terrain vehicle or utility terrain vehicle may be registered for public use. The fee for the issuance or renewal of a registration certificate for public use for an all-terrain vehicle or utility terrain vehicle is $30. The department shall impose an additional late fee of $5 for the renewal of a registration certificate under this subdivision that is filed after the expiration date of the registration certificate unless the renewal is included with an application to transfer the registration certificate. 23.33(2)(c)2.2. A person who is required to register an all-terrain vehicle or utility terrain vehicle for public use shall attach his or her own plate to the rear of the vehicle and shall affix a registration decal, furnished by the department, to each side of the vehicle in a place that is forward of the operator of the vehicle and that is in a place that is clearly visible. The plate shall be a minimum of 4 inches in height and a minimum of 7 1/2 inches in width. The plate shall be white and shall display, in black lettering, the registration number for the all-terrain vehicle or utility terrain vehicle issued by the department. The registration number shall be displayed so that it is a minimum of 1 1/2 inches in height, with a minimum of a 3/16 inch stroke. The person required to register the all-terrain vehicle or utility terrain vehicle shall maintain the plate so that it is in legible condition. 23.33(2)(d)(d) Registration; private use; fee. An all-terrain vehicle or utility terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance of a registration certificate for private use is $15. A person who registers an all-terrain vehicle or utility terrain vehicle for private use shall affix a registration decal, furnished by the department, to each side of the vehicle in a place that is forward of the operator of the vehicle and that is in a place that is clearly visible. 23.33(2)(dg)1.1. The operator of an all-terrain vehicle or utility terrain vehicle shall have in his or her possession at all times while operating the vehicle proof of the registration certificate or, for an all-terrain vehicle or utility terrain vehicle the owner of which has received a temporary operating receipt but has not yet received the registration certificate, proof of the temporary operating receipt. The operator of an all-terrain vehicle or utility terrain vehicle shall display this proof upon demand for inspection by a law enforcement officer. 23.33(2)(dg)2.2. A person may operate an all-terrain vehicle or a utility terrain vehicle without having the plate or sign attached as required under par. (c) 2. if the owner or operator has proof of a temporary operating receipt and if the operator of the all-terrain vehicle or utility terrain vehicle complies with subd. 1. 23.33(2)(dg)3.3. This paragraph does not apply to any all-terrain vehicle or utility terrain vehicle to which a plate or sign is attached as required under sub. (2) (dm) 3. 23.33(2)(dm)1.1. Every person who is an all-terrain vehicle or utility terrain vehicle manufacturer, all-terrain vehicle or utility terrain vehicle dealer, all-terrain vehicle or utility terrain vehicle distributor, or all-terrain vehicle or utility terrain vehicle renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial all-terrain vehicle and utility terrain vehicle certificate. 23.33(2)(dm)2.2. The fee for the issuance or renewal of a commercial all-terrain vehicle and utility terrain vehicle certificate is $90. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial all-terrain vehicle and utility terrain vehicle certificate and 3 registration decals. The fee for additional registration decals is $30 per decal. 23.33(2)(dm)3.3. A person who is required to obtain a commercial all-terrain vehicle and utility terrain vehicle certificate under subd. 1. shall attach in a clearly visible place a plate or sign that is removable and temporarily but firmly mounted to any all-terrain vehicle or utility terrain vehicle that the person leases, rents, offers for sale, or otherwise allows to be used whenever the all-terrain vehicle or utility terrain vehicle is being operated. A registration decal issued under subd. 2. shall be attached to the plate or sign. 23.33(2)(dm)4.4. Paragraphs (i), (ig), and (ir) do not apply to commercial all-terrain vehicle and utility terrain vehicle certificates or registration decals issued under subd. 2. 23.33(2)(dm)5.5. Any all-terrain vehicle or utility terrain vehicle dealer or creditor may offer or sell guaranteed asset protection waivers in connection with the retail sale or lease of all-terrain vehicles or utility terrain vehicles in this state if the dealer or creditor complies with the same requirements applicable with respect to motor vehicles under s. 218.0148. Any guaranteed asset protection waiver offered or sold under this subdivision shall be treated the same as one offered or sold under s. 218.0148, including that the guaranteed asset protection waiver is not insurance. 23.33(2)(e)(e) Other fees. The fee for the transfer of an all-terrain vehicle and utility terrain vehicle registration certificate is $5. The fee for the issuance of a duplicate all-terrain vehicle or utility terrain vehicle registration certificate, duplicate commercial all-terrain vehicle and utility terrain vehicle certificate or duplicate registration decals is $5. The fee for the issuance of registration decals to a county or municipality is $5. There is no fee for the issuance of registration decals to the state. 23.33(2)(f)(f) Effective periods; public use. A public-use registration certificate for an all-terrain vehicle or utility terrain vehicle is valid beginning on April 1 or the date of issuance or renewal and ending March 31 of the 2nd year following the date of issuance or renewal. 23.33(2)(g)(g) Effective period; private use. An all-terrain vehicle or utility terrain vehicle private-use registration certificate is valid from the date of issuance until ownership of the all-terrain vehicle or utility terrain vehicle is transferred. 23.33(2)(gm)(gm) Effective period; commercial owners. A commercial all-terrain vehicle and utility terrain vehicle certificate is valid beginning on April 1 or the date of issuance or renewal and ending March 31 of the 2nd year following the date of issuance or renewal. 23.33(2)(i)(i) Registration and reprints; issuers. For the issuance of original or duplicate registration documents, for the issuance of reprints under s. 23.47 (3), and for the transfer or renewal of registration documents, the department may do any of the following: 23.33(2)(i)1.1. Directly issue, transfer, or renew registration documents with or without using the service specified in par. (ig) 1. and directly issue reprints. 23.33(2)(i)3.3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew registration documents using either or both of the services specified in par. (ig) 1. and to issue reprints. 23.33(2)(ig)1.1. For the issuance of original or duplicate registration documents and for the transfer or renewal of registration documents, the department shall implement either or both of the following procedures to be provided by the department and any agents appointed under par. (i) 3.: 23.33(2)(ig)1.a.a. A procedure under which the department or an agent appointed under par. (i) 3. accepts applications for registration documents and issues temporary operating receipts at the time applicants submit applications accompanied by the required fees. 23.33(2)(ig)1.b.b. A procedure under which the department or agent appointed under par. (i) 3. accepts applications for registration documents and issues to each applicant all or some of the registration documents at the time the applicant submits the application accompanied by the required fees. 23.33(2)(ig)2.2. Under either procedure under subd. 1., the department or agent shall issue to the applicant any remaining registration documents directly from the department at a later date. Any registration document issued under subd. 1. b. is sufficient to allow the vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection. 23.33(2)(im)(im) Registration; duplicates. If an all-terrain vehicle or utility terrain vehicle registration certificate or a registration decal is lost or destroyed, the person to whom it was issued may apply to the department for, and the department may issue to the person, a duplicate. 23.33(2)(ir)(ir) Registration; supplemental fee. In addition to the applicable fee under par. (c), (d), or (e), when an agent appointed under par. (i) 3. accepts an application to renew registration documents, or the department accepts an application to renew registration documents through a statewide automated system, the agent or the department shall collect an issuing fee of 50 cents and a transaction fee of 50 cents each time the agent or the department issues renewal registration documents under par. (ig) 1. a. or b. The agent or the department shall retain the entire amount of each issuing fee and transaction fee the agent or the department collects. 23.33(2)(o)(o) Receipt of all-terrain vehicle and utility terrain vehicle fees. All fees remitted to or collected by the department under par. (c) 1., (e), or (ir) for services provided regarding all-terrain vehicles and utility terrain vehicles shall be credited to the appropriation account under s. 20.370 (9) (hu).
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Chs. 23-34, Public Domain and the Trust Funds
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