Chapter 346

346.74(6)(c) (c) Imposition of liability under s. 346.675 shall not result in suspension or revocation of a person’s operating privilege under s. 343.30 or 343.31, nor shall it result in demerit points being recorded on a person’s driving record under s. 343.32 (2) (a).

346.74 History History: 1971 c. 278; 1973 c. 218; 1981 c. 20, 70; 1997 a. 258, 283; 2001 a. 109; 2003 a. 74; 2005 a. 411; 2011 a. 256.

346.74 Annotation Although sub. (5) (b) establishes a maximum of nine months’ imprisonment for a violation of s. 346.67 (1) when the accident involves injury to a person but not great bodily harm, and offenses punishable by a maximum period of incarceration of less than one year are ordinarily classified as misdemeanors under ss. 939.60 and 973.02, sub. (5) (e) states that a violation of s. 346.67 (1) is “a felony if the accident involved death or injury to a person.” Any inconsistency is resolved by the principle that when two statutes relate to the same subject matter, the more specific language controls, in this case the language providing that the offense is a felony. State v. Brandt, 2009 WI App 115, 321 Wis. 2d 84, 772 N.W.2d 674, 08-0550.

subch. XII of ch. 346 SUBCHAPTER XII

BICYCLES, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, PERSONAL DELIVERY DEVICES, AND PLAY VEHICLES

346.77 346.77 Responsibility of parent or guardian for violation of bicycle and play vehicle regulations. No parent or guardian of any child shall authorize or knowingly permit such child to violate any of the provisions of ss. 346.78 to 346.804 and 347.489.

346.77 History History: 1983 a. 243 s. 66; 2001 a. 90.

346.78 346.78 Play vehicles not to be used on roadway. No person riding upon any play vehicle may attach the same or himself or herself to any vehicle upon a roadway or go upon any roadway except while crossing a roadway at a crosswalk.

346.78 History History: 1983 a. 243.

346.79 346.79 Special rules applicable to bicycles. Whenever a bicycle is operated upon a highway, bicycle lane or bicycle way the following rules apply:

346.79(1) (1) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

346.79(2) (2) 

346.79(2)(a) (a) Except as provided in par. (b), no bicycle may be used to carry or transport more persons at one time than the number for which it is designed.

346.79(2)(b) (b) In addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child’s seat or trailer designed for attachment to a bicycle if the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer.

346.79(3) (3) No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handle bars.

346.79(4) (4) No person riding a bicycle shall attach himself or herself or his or her bicycle to any vehicle upon a roadway.

346.79(5) (5) No person may ride a moped or motor bicycle with the power unit in operation upon a bicycle way.

346.79 History History: 1973 c. 182; 1977 c. 288; 1983 a. 243; 1985 a. 298; 1991 a. 316.

346.79 Annotation Sub. (2) is violated when two persons ride on a single bicycle designed for one person to which an additional seat, but no footrests or handgrips, has been added. 61 Atty. Gen. 360.

346.80 346.80 Riding bicycle, electric scooter, or electric personal assistive mobility device on roadway.

346.80(1) (1) In this section, “substandard width lane” means a lane that is too narrow for a bicycle, electric scooter, or electric personal assistive mobility device and a motor vehicle to travel safely side by side within the lane.

346.80(2) (2) 

346.80(2)(a) (a) Any person operating a bicycle, electric scooter, or electric personal assistive mobility device upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand edge or curb of the unobstructed traveled roadway, including operators who are riding 2 or more abreast where permitted under sub. (3), except:

346.80(2)(a)1. 1. When overtaking and passing another vehicle proceeding in the same direction.

346.80(2)(a)2. 2. When preparing for a left turn or U-turn at an intersection or a left turn into a private road or driveway.

346.80(2)(a)3. 3. When reasonably necessary to avoid unsafe conditions, including fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to ride along the right-hand edge or curb.

346.80(2)(b) (b) Notwithstanding par. (a), any person operating a bicycle, electric scooter, or electric personal assistive mobility device upon a one-way highway having 2 or more lanes available for traffic may ride as near the left-hand edge or curb of the roadway as practicable.

346.80(2)(c) (c) Any person operating a bicycle, electric scooter, or electric personal assistive mobility device upon a roadway shall exercise due care when passing a standing or parked vehicle or a vehicle proceeding in the same direction and, when passing a standing or parked vehicle that is a school bus that is not displaying flashing red warning lights as provided in s. 346.48 (1) or a motor bus, shall allow a minimum of 3 feet between the bicycle, electric scooter, or electric personal assistive mobility device and the vehicle.

346.80(3) (3) 

346.80(3)(a) (a) Persons riding bicycles, electric scooters, or electric personal assistive mobility devices upon a roadway may ride 2 abreast if such operation does not impede the normal and reasonable movement of traffic. Bicycle, electric scooter, or electric personal assistive mobility device operators riding 2 abreast on a 2-lane or more roadway shall ride within a single lane.

346.80(3)(b) (b) Persons riding bicycles upon a roadway may not ride more than 2 abreast except upon any path, trail, lane or other way set aside for the exclusive use of bicycles, electric scooters, and electric personal assistive mobility devices.

346.80(4) (4) No person may operate a bicycle, electric scooter, electric personal assistive mobility device, or moped upon a roadway where a sign is erected indicating that bicycle, electric scooter, electric personal assistive mobility device, or moped riding is prohibited.

346.80(5) (5) Except as provided in ss. 346.23, 346.24, 346.37, and 346.38, every rider of a bicycle, electric scooter, or electric personal assistive mobility device shall, upon entering on a highway, yield, and every personal delivery device operator shall ensure that the personal delivery device, upon entering on a highway, yield the right-of-way to motor vehicles.

346.80 History History: 1973 c. 182; 1977 c. 208, 288; 1979 c. 197; 1985 a. 69; 1995 a. 138; 2001 a. 90; 2009 a. 22, 97; 2017 a. 13; 2019 a. 11.

346.803 346.803 Riding bicycle, electric scooter, or electric personal assistive mobility device on bicycle way.

346.803(1) (1) Every person operating a bicycle, electric scooter, or electric personal assistive mobility device upon a bicycle way shall:

346.803(1)(a) (a) Exercise due care and give an audible signal when passing a bicycle, electric scooter, or electric personal assistive mobility device rider or a pedestrian proceeding in the same direction.

346.803(1)(b) (b) Obey each traffic signal or sign facing a roadway which runs parallel and adjacent to a bicycle way.

346.803(2) (2) Every person operating a bicycle, electric scooter, or electric personal assistive mobility device upon a bicycle way open to 2-way traffic shall ride on the right side of the bicycle way.

346.803(3) (3) Every operator of a bicycle, electric scooter, or electric personal assistive mobility device entering a bicycle way shall yield the right-of-way to all bicycles and pedestrians in the bicycle way.

346.803(4) (4) Except as provided in ss. 349.236 (1) (bm) and 349.237, a person may operate an electric personal assistive mobility device, or an electric scooter at a speed not to exceed 15 miles per hour, upon any bicycle path.

346.803 History History: 1973 c. 182; 2001 a. 90; 2019 a. 11.

346.804 346.804 Riding bicycle on sidewalk. When local authorities under s. 346.94 (1) permit bicycles on the sidewalk, every person operating a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle, electric scooter, or electric personal assistive mobility device rider or a pedestrian proceeding in the same direction.

346.804 History History: 1973 c. 182; 2001 a. 90; 2019 a. 11.

346.805 346.805 Riding electric scooter or electric personal assistive mobility device on sidewalk. Except as provided in ss. 346.94 (18) (a) 2. and (18s), 349.236 (1) (b), and 349.237, a person may operate an electric scooter or an electric personal assistive mobility device upon any sidewalk. Every person operating an electric scooter or an electric personal assistive mobility device upon a sidewalk shall yield the right-of-way to any pedestrian or bicyclist and shall exercise due care and give an audible signal when passing a bicycle or other electric scooter or electric personal assistive mobility device or a pedestrian proceeding in the same direction.

346.805 History History: 2019 a. 11.

346.806 346.806 Special rules applicable to electric bicycles.

346.806(1) (1) Except as otherwise expressly provided, an electric bicycle and an operator of an electric bicycle shall be afforded all the same rights and privileges, and be subject to the same duties, provided in chs. 340 to 351 as a bicycle or an operator of a bicycle. An electric bicycle shall be considered a vehicle to the same extent as a bicycle.

346.806(2) (2) A person operating an electric bicycle is not subject to the provisions under ch. 341, 342, 343, or 344 relating to financial responsibility, operator’s licenses, registration, or certificates of title.

346.806(3) (3) 

346.806(3)(a) (a) A person may ride, with the power unit in operation, an electric bicycle upon a bikeway, as defined under s. 84.60 (1) (a), under the jurisdiction of the department of natural resources, subject to any restrictions specified in a rule promulgated by the department of natural resources under s. 349.18 (4) (b), or under the jurisdiction of a municipality or county, subject to any restrictions specified in an ordinance enacted under s. 349.18 (4) (a).

346.806(3)(b) (b) A person may ride, with the power unit in operation, an electric bicycle upon a bikeway, as defined under s. 84.60 (1) (a), under the jurisdiction of the department, subject to any restrictions specified in a rule promulgated by the department.

346.806(4) (4) No person under the age of 16 years may operate a class 3 electric bicycle. A person under the age of 16 years may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.

346.806 History History: 2019 a. 34.

346.807 346.807 Operating personal delivery device on sidewalk.

346.807(1) (1) Except as provided in s. 346.94 (18m) (a) 2. and 349.236 (1) (b), a personal delivery device may be operated upon any sidewalk or crosswalk.

346.807(2) (2) Every personal delivery device operator shall ensure that the operation of the personal delivery device upon a sidewalk or crosswalk satisfies all of the following:

346.807(2)(a) (a) The personal delivery device operator shall control or monitor the navigation and operation of the device.

346.807(2)(b) (b) The device may not go upon any roadway except while crossing a roadway at a crosswalk.

346.807(2)(c) (c) The device shall be operated with due care.

346.807(2)(d) (d) The device shall comply with each traffic signal and sign.

346.807(2)(e) (e) The speed of the device may not exceed 10 miles per hour.

346.807(2)(f) (f) The device shall yield the right-of-way to a pedestrian.

346.807 History History: 2001 a. 90; 2017 a. 13.

346.82 346.82 Penalty for violating sections 346.77 to 346.807.

346.82(1) (1) Any person violating ss. 346.77, 346.79 (1) to (3), or 346.80 to 346.807 may be required to forfeit not more than $20.

346.82(2) (2) Any person violating s. 346.78 or 346.79 (4) may be required to forfeit not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the 2nd or subsequent conviction within a year.

346.82 History History: 1971 c. 278; 1973 c. 182; 1983 a. 243; 2001 a. 90; 2003 a. 321; 2017 a. 13.

subch. XIII of ch. 346 SUBCHAPTER XIII

MISCELLANEOUS RULES

346.87 346.87 Limitations on backing. The operator of a vehicle shall not back the same unless such movement can be made with reasonable safety.

346.88 346.88 Obstruction of operator’s view or driving mechanism.

346.88(1) (1) No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, or any persons so situated, as to obstruct the view of the operator to the front or to the sides or as to interfere with the operator having free use of both hands and feet to the operating mechanisms or controls of the vehicle.

346.88(2) (2) No passenger in a vehicle shall ride in such a position as to interfere with the operator’s view ahead or to the sides or to interfere with the operator’s control of the operating mechanism of the vehicle.

346.88(3) (3) 

346.88(3)(a) (a) No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, front side wings, side windows in the driver’s compartment or rear window of such vehicle other than a certificate or other sticker issued by order of a governmental agency. Such permitted sticker shall not cover more than 15 square inches of glass surface and shall be placed in the lower left-hand corner of the windshield; the left corner being on the driver’s left when seated behind the wheel.

346.88(3)(b) (b) No person shall drive any motor vehicle upon a highway with any object so placed or suspended in or upon the vehicle so as to obstruct the driver’s clear view through the front windshield.

346.88(3)(c) (c) No person shall drive any motor vehicle upon a highway so loaded or with any object so placed or suspended in or upon the vehicle so as to obstruct the driver’s clear vision through the rear window unless such vehicle is equipped with an outside rear view mirror meeting the requirements of s. 347.40.

346.88(3)(d) (d) Signal lamps used by authorized emergency vehicles shall not be considered a violation of this section.

346.88(4) (4) The windshield, side wings and side and rear windows of a motor vehicle shall be kept reasonably clean at all times.

346.88 Annotation Sub. (3) (a) creates an absolute prohibition on “any sign, poster or other nontransparent material upon the front windshield.” By contrast, sub. (4) states, “The windshield, side wings and side and rear windows of a motor vehicle shall be kept reasonably clean at all times.” There is no reason why the legislature would choose to ban oil change stickers, often no more than one or two square inches in size and placed in a top corner of a windshield, but require that same area of a windshield be only “reasonably” clean. Instead, sub. (3) (a) is interpreted to prohibit the attachment of signs, posters, and other items of a similar nature to the front windshield of a motor vehicle. State v. Houghton, 2015 WI 79, 364 Wis. 2d 234, 868 N.W.2d 143, 13-1581.

346.88 Annotation Sub. (3) (b), which requires that an object obstruct a driver’s clear view to be a violation, does not mean that every object in a driver’s clear view is a violation. Rather, sub. (3) (b) requires a material obstruction, even if minor, in order to be considered a violation of the statute. State v. Houghton, 2015 WI 79, 364 Wis. 2d 234, 868 N.W.2d 143, 13-1581.

346.89 346.89 Inattentive driving.

346.89(1) (1) No person while driving a motor vehicle may be engaged or occupied with an activity, other than driving the vehicle, that interferes or reasonably appears to interfere with the person’s ability to drive the vehicle safely.

346.89(3) (3) 

346.89(3)(a) (a) No person may drive, as defined in s. 343.305 (1) (b), any motor vehicle while composing or sending an electronic text message or an electronic mail message.

346.89(3)(b) (b) This subsection does not apply to any of the following:

346.89(3)(b)1. 1. The operator of an authorized emergency vehicle.

346.89(3)(b)2. 2. The use of any device whose primary function is transmitting and receiving emergency alert messages and messages related to the operation of the vehicle or an accessory that is integrated into the electrical system of a vehicle, including a global positioning system device.