Chapter 23

23.335(1)(q) (q) “Off-highway motorcycle” means a 2-wheeled motor vehicle that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway. “Off-highway motorcycle” does not include an electric bicycle, as defined under s. 340.01 (15ph).

23.335(1)(qm) (qm) “Off-highway motorcycle association” means a club or other association consisting of individuals that promotes the recreational operation of off-highway motorcycles.

23.335(1)(r) (r) “Off-highway motorcycle club” means a club consisting of individuals that promotes use of off-highway motorcycles for recreational purposes off the highways within this state.

23.335(1)(s) (s) “Off-highway motorcycle corridor” means an off-highway motorcycle trail or other established off-highway motorcycle corridor that is open to the public for the operation of off-highway motorcycles for recreational purposes but does not include an off-highway motorcycle route.

23.335(1)(t) (t) “Off-highway motorcycle dealer” means a person who is engaged in this state in the sale of off-highway motorcycles for a profit at retail.

23.335(1)(u) (u) “Off-highway motorcycle route” means a highway or sidewalk designated for recreational use by operators of off-highway motorcycles by the governmental agency having jurisdiction.

23.335(1)(v) (v) “Off-highway motorcycle trail” means a marked corridor on public property or on private lands subject to public easement or lease, designated for recreational use by operators of off-highway motorcycles by the governmental agency having jurisdiction.

23.335(1)(y) (y) “Off the highways” means off-highway motorcycle corridors, off-highway motorcycle routes, and areas where operation is authorized under sub. (10) or (11).

23.335(1)(z) (z) “Operate” means to exercise physical control over the speed or direction of an off-highway motorcycle or to physically manipulate or activate any of the controls of an off-highway motorcycle necessary to put it in motion.

23.335(1)(zb) (zb) “Operation” means the exercise of physical control over the speed or direction of an off-highway motorcycle or the physical manipulation or activation of any of the controls of an off-highway motorcycle necessary to put it in motion.

23.335(1)(zc) (zc) “Operator” means a person who operates an off-highway motorcycle, who is responsible for the operation of an off-highway motorcycle, or who is supervising the operation of an off-highway motorcycle.

23.335(1)(zd) (zd) “Owner” means a person who has lawful possession of an off-highway motorcycle by virtue of legal title or an equitable interest in the off-highway motorcycle which entitles the person to possession of the off-highway motorcycle.

23.335(1)(zdm) (zdm) “Proof,” when used in reference to evidence of a registration document, safety certificate, nonresident trail pass, or temporary trail use receipt, means the original registration document, safety certificate, nonresident trail pass, or temporary trail use receipt issued by the department or an agent appointed under sub. (4) (f) 2. or (6) (e) 1. or any alternative form of proof designated by rule under s. 23.47 (1).

23.335(1)(ze) (ze) “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.

23.335(1)(zf) (zf) “Refusal law” means sub. (12) (h) or a local ordinance in conformity therewith.

23.335(1)(zg) (zg) “Registration document” means an off-highway motorcycle registration certificate, a temporary operating receipt, or a registration decal.

23.335(1)(zgm) (zgm) “Restricted controlled substance” means any of the following:

23.335(1)(zgm)1. 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

23.335(1)(zgm)2. 2. A controlled substance analog of a controlled substance described in subd. 1.

23.335(1)(zgm)3. 3. Cocaine or any of its metabolites.

23.335(1)(zgm)4. 4. Methamphetamine.

23.335(1)(zgm)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.

23.335(1)(zi) (zi) “Snowmobile” has the meaning given in s. 340.01 (58a).

23.335(1)(zj) (zj) “Snowmobile route” has the meaning given in s. 350.01 (16).

23.335(1)(zk) (zk) “Snowmobile trail” has the meaning given in s. 350.01 (17).

23.335(1)(zkm) (zkm) “Temporary operating receipt” means a receipt issued by the department or an agent under sub. (4) (g) 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. (4) (f) 2.

23.335(1)(zL) (zL) “Test facility” means a test facility or agency prepared to administer tests under s. 343.305 (2).

23.335(1)(zLm) (zLm) “Utility terrain vehicle” has the meaning given in s. 23.33 (1) (ng).

23.335(2) (2) Registration.

23.335(2)(a) (a) Requirement. No person may operate an off-highway motorcycle, and no owner may give permission for the operation of an off-highway motorcycle, off the highways unless the off-highway motorcycle is registered with the department under this section or is exempt from registration or the person operating the off-highway motorcycle holds a temporary operating receipt provided by an off-highway motorcycle dealer under sub. (3) (b).

23.335(2)(b) (b) Exemptions. An off-highway motorcycle is exempt from the registration requirement under par. (a) if any of the following applies:

23.335(2)(b)1. 1. The off-highway motorcycle is covered by a valid registration of a federally recognized American Indian tribe or band, and all of the following apply:

23.335(2)(b)1.a. a. The registration program of the tribe or band is covered by an agreement under s. 23.35.

23.335(2)(b)1.b. b. The off-highway motorcycle displays the registration decal required by the tribe or band.

23.335(2)(b)2. 2. The off-highway motorcycle displays a plate or sign attached in the manner authorized under sub. (5) (c).

23.335(2)(b)3. 3. The off-highway motorcycle will be operated exclusively in racing on a raceway facility or as part of a special off-highway motorcycle event as authorized under sub. (10) (b).

23.335(2)(b)4. 4. The off-highway motorcycle is present in this state, for a period not to exceed 15 days, and is used exclusively as part of an advertisement being made for the manufacturer of the off-highway motorcycle.

23.335(2)(b)5. 5. The off-highway motorcycle is specified as exempt from registration by department rule.

23.335(2)(c) (c) Weekend exemption. A person may operate an off-highway motorcycle off the highways in this state during the first full weekend in June of each year without registering the off-highway motorcycle as required under par. (a).

23.335(3) (3) Registration; application process.

23.335(3)(a) (a) Public or private use. Only the department may register off-highway motorcycles for off-highway operation. Any off-highway motorcycle may be registered for public use. An off-highway motorcycle may be registered for private use if the operation is limited to any of the following:

23.335(3)(a)1. 1. Operation for agricultural purposes.

23.335(3)(a)2. 2. Operation by the owner of the motorcycle or a member of his or her immediate family only on land owned or leased by the owner or a member of his or her immediate family.

23.335(3)(b) (b) Registration; sales by dealers. If the seller of an off-highway motorcycle is an off-highway motorcycle dealer, the dealer shall require each buyer to whom he or she sells an off-highway motorcycle to complete an application for registration for public or private use and collect the applicable fee required under sub. (4) (d) at the time of the sale if the off-highway motorcycle will be operated off the highways and is not exempt from registration under sub. (2) (b). The department shall provide application and temporary operating receipt forms to off-highway motorcycle dealers. Each off-highway motorcycle dealer shall provide the buyer a temporary operating receipt showing that the application and accompanying fee have been obtained by the off-highway motorcycle dealer. The off-highway motorcycle dealer shall mail or deliver the application and fee to the department no later than 7 days after the date of sale.

23.335(3)(c) (c) Registration; other sales. If an off-highway motorcycle is sold or otherwise transferred by a person other than an off-highway motorcycle dealer and is not registered with the department, the buyer or transferee shall complete an application for registration for public or private use if the buyer or transferee intends to operate the off-highway motorcycle off the highways and the off-highway motorcycle is not exempt from registration under sub. (2) (b).

23.335(3)(d) (d) Registration; action by department. Upon receipt of an application for registration of an off-highway motorcycle on a form provided by the department, and the payment of any applicable fees under sub. (4) (d) and of any sales or use taxes that may be due, the department shall issue a registration certificate to the applicant.

23.335(3)(e) (e) Transfers of registered motorcycles. Upon transfer of ownership of an off-highway motorcycle that is registered for public or private use, the transferor shall deliver the registration certificate to the transferee at the time of the transfer. The transferee shall complete an application for transfer on a form provided by the department and shall mail or deliver the form to the department within 10 days after the date of the transfer if the transferee intends to operate the off-highway motorcycle off the highways.

23.335(3)(f) (f) Transfers; action by department. Upon receipt of an application for transfer of an off-highway motorcycle registration certificate under par. (e), and the payment of the fee under sub. (4) (d) 3. and of any sales or use taxes that may be due, the department shall transfer the registration certificate to the applicant.

23.335(3)(g) (g) Trades; registration required. An off-highway motorcycle dealer may not accept a limited use off-highway motorcycle in trade unless the off-highway motorcycle is currently registered by the department or is exempt from being registered by the department under sub. (2) (b).

23.335(4) (4) Registration; certificates and decals.

23.335(4)(a) (a) Period of validity; expiration.

23.335(4)(a)1. 1. A registration certificate issued under sub. (3) for public use 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.

23.335(4)(a)1m. 1m. A registration certificate issued under sub. (3) for private use is valid from the date of issuance until ownership of the off-highway motorcycle is transferred.

23.335(4)(a)2. 2. For renewals of registration certificates for public use, the department shall notify each owner of the upcoming date of expiration at least 2 weeks before that date.

23.335(4)(b) (b) Content of certificate. Each registration certificate shall contain the registration number, the name and address of the owner, and any other information that the department determines is necessary.

23.335(4)(bm) (bm) Display of registration. The operator of an off-highway motorcycle shall have in his or her possession at all times while operating the vehicle proof of the registration certificate or, for an off-highway motorcycle 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 off-highway motorcycle shall display this proof upon demand for inspection by a law enforcement officer.

23.335(4)(c) (c) Decal required.

23.335(4)(c)1. 1. Each registration certificate issued under sub. (3) shall be accompanied by a registration decal. No person may operate an off-highway motorcycle for which registration is required without having the decal affixed as described in subd. 3., except as provided in subd. 4.

23.335(4)(c)2. 2. The decal shall contain a reference to the state and to the department, the vehicle identification number, and the expiration date of the registration, if the off-highway motorcycle is being registered for public use.

23.335(4)(c)3. 3. The person required to register an off-highway motorcycle shall affix the registration decal with its own adhesive in a position on the exterior of the motorcycle where it is clearly visible and shall maintain the decal so that it is in legible condition.

23.335(4)(c)4. 4. A person may operate an off-highway motorcycle without having a registration decal affixed if the owner has been issued a temporary operating receipt that shows that an application and the required fees for a registration certificate have been submitted to the department, and the person operating the off-highway motorcycle has the receipt in his or her possession. The person shall exhibit the receipt, upon demand, to any law enforcement officer.

23.335(4)(d) (d) Fees for certificates and decals.

23.335(4)(d)1. 1. The fee for the issuance or renewal of a registration certificate for public use and the accompanying decal 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 for transfer of the registration certificate.

23.335(4)(d)2. 2. The fee for the issuance or renewal of a registration certificate for private use and the accompanying decal is $15.

23.335(4)(d)3. 3. The fee for transferring a certificate under sub. (3) (e) is $5.

23.335(4)(e) (e) Duplicate certificates and decals.

23.335(4)(e)1. 1. If a registration certificate issued under sub. (3) or accompanying decal is lost or destroyed, the holder of the certificate or decal may apply for a duplicate on a form provided by the department. Upon receipt of the application and the fee required under subd. 2., the department shall issue a duplicate certificate or decal to the applicant.

23.335(4)(e)2. 2. The fee for the issuance of a duplicate certificate for public or private use is $5, and the fee for a duplicate decal is $5.

23.335(4)(f) (f) Registration 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:

23.335(4)(f)1. 1. Directly issue, transfer, or renew the registration documents with or without using the service specified in par. (g) 1. and directly issue the reprints.

23.335(4)(f)2. 2. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documents using either or both of the services specified in par. (g) 1. and to issue the reprints.

23.335(4)(g) (g) Methods of issuance.

23.335(4)(g)1. 1. For the issuance of original or duplicate registration documents and for the transfer or renewal of registration documents, the department may implement either or both of the following procedures to be provided by the department and any agents appointed under par. (f) 2.:

23.335(4)(g)1.a. a. A procedure under which the department or an agent appointed under par. (f) 2. accepts applications for registration documents and issues temporary operating receipts at the time applicants submit applications accompanied by the required fees.

23.335(4)(g)1.b. b. A procedure under which the department or an agent appointed under par. (f) 2. 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.

23.335(4)(g)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.

23.335(4)(h) (h) Registration; supplemental fee. In addition to the applicable fee under par. (d) 1., 2., or 3. or (e) 2., when an agent appointed under par. (f) 2. 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. (g) 1. or 2. The agent or the department shall retain the entire amount of each issuing fee and transaction fee the agent or the department collects.

23.335(4)(hm) (hm) Receipt of fees. All fees remitted to or collected by the department under par. (d) 1., 2., or 3. or (h) shall be credited to the appropriation account under s. 20.370 (9) (hu).

23.335(4)(i) (i) Junked motorcycles. If an off-highway motorcycle is junked, the owner shall return the certificate of registration to the department marked “junked.”

23.335(5) (5) Registration of off-highway motorcycle dealers.

23.335(5)(a) (a) A person who is an off-highway motorcycle dealer shall register with the department and obtain from the department a commercial off-highway motorcycle certificate. Upon receipt of the required fee under par. (e) and an application form provided by the department, the department shall issue the applicant a commercial off-highway motorcycle certificate and 3 accompanying decals.

23.335(5)(b) (b) A commercial off-highway motorcycle certificate is valid for 2 years.

23.335(5)(c) (c) A person who is required to obtain a commercial off-highway motorcycle certificate under par. (a) shall attach in a clearly visible place a plate or sign that is removable and temporarily but firmly mounted to any off-highway motorcycle that the person offers for sale or otherwise allows to be used whenever the off-highway motorcycle is being operated. A decal issued by the department under par. (a) shall be affixed to the plate or sign.

23.335(5)(d) (d) If a certificate or decal that was issued under par. (a) is lost or destroyed, the holder of the certificate or decal may apply for a duplicate on a form provided by the department. Upon receipt of the application and the required fee under par. (e), the department shall issue a duplicate certificate or decal to the applicant.

23.335(5)(e) (e) The fee for the issuance or renewal of a commercial off-highway motorcycle certificate with 3 accompanying decals is $90. The fee for additional decals is $30 for each decal. The fee for the issuance of a duplicate commercial off-highway motorcycle certificate is $5. The fee for each duplicate decal is $2.

23.335(5)(f) (f) A commercial off-highway motorcycle certificate may not be transferred.

23.335(5)(g) (g) Any off-highway motorcycle dealer or creditor may offer or sell guaranteed asset protection waivers in connection with the retail sale or lease of off-highway motorcycles 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 paragraph shall be treated the same as one offered or sold under s. 218.0148, including that the guaranteed asset protection waiver is not insurance.

23.335(5)(h) (h) All fees remitted to or collected by the department under par. (e) shall be credited to the appropriation account under s. 20.370 (9) (hu).

23.335(5m) (5m) Alterations and falsifications prohibited.