347.48(4)(as)(as) A child under the age of 8 years who is being transported in a motor vehicle shall be restrained as follows: 347.48(4)(as)1.1. If the child is less than one year old or weighs less than 20 pounds, the child shall be properly restrained in a rear-facing child safety restraint system, positioned at a designated seating position in a back passenger seat of the vehicle if the vehicle is equipped with a back passenger seat. 347.48(4)(as)2.2. Subject to subd. 1., if the child is at least one year old and weighs at least 20 pounds but is less than 4 years old or weighs less than 40 pounds, the child shall be properly restrained as provided in subd. 1. or properly restrained in a forward-facing child safety restraint system, positioned at a designated seating position in a back passenger seat of the vehicle if the vehicle is equipped with a back passenger seat. 347.48(4)(as)3.3. Subject to subds. 1. and 2., if the child is at least 4 years old but less than 8 years old, weighs at least 40 pounds but not more than 80 pounds, and is not more than 57 inches in height, the child shall be properly restrained as provided in subd. 2. or properly restrained in a child booster seat. 347.48(4)(as)4.4. Subject to subds. 1. to 3., if the child is less than 8 years old, the child shall be properly restrained as provided in subds. 1. to 3. or properly restrained in a safety belt approved by the department under sub. (2). 347.48(4)(b)(b) The department may, by rule, exempt from the requirements under pars. (am) and (as) any child who because of a physical or medical condition or body size cannot be placed in a child safety restraint system, child booster seat, or safety belt. 347.48(4)(c)(c) This subsection does not apply if the motor vehicle is a motor bus, school bus, taxicab, moped, motorcycle or is not required to be equipped with safety belts under sub. (1) or 49 CFR 571. 347.48(4)(d)(d) Evidence of compliance or failure to comply with pars. (am) and (as) is admissible in any civil action for personal injuries or property damage resulting from the use or operation of a motor vehicle but failure to comply with pars. (am) and (as) does not by itself constitute negligence. 347.48 Annotation“Seat belt negligence” and “passive negligence” are distinguished. Jury instructions regarding seat belts are recommended. A method for apportioning damages in seat belt negligence cases is adopted. Foley v. City of West Allis, 113 Wis. 2d 475, 335 N.W.2d 824 (1983). 347.48 AnnotationA common law action for contribution may not be brought against a person who violates sub. (2m) (g). Gaertner v. Holcka, 219 Wis. 2d 436, 580 N.W.2d 271 (1998), 96-2726. 347.48 AnnotationA statute requiring the wearing of seat belts in motor vehicles would be constitutional. 58 Atty. Gen. 241.
347.48 AnnotationThe seat belt defense — state of the law. Kircher, 53 MLR 172.
347.48 AnnotationThe seat belt defense — the trial lawyer’s view. Bowman, 53 MLR 191.
347.48 AnnotationPractical defense problems — the expert’s view. Huelke, 53 MLR 203.
347.48 AnnotationThe seat belt as a cause of injury. Snyder, 53 MLR 211.
347.485347.485 Protective headgear for use on motorcycles. 347.485(1)(a)(a) No person who holds an instructional permit under s. 343.07 (4) or who is under 18 years of age may operate or ride upon a motorcycle on any highway unless the person is wearing protective headgear of a type which meets the standards established for motorcycle operation in 49 CFR 571.218 and the chin strap is properly fastened. 347.485(1)(am)(am) No person may operate a motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear. 347.485(1)(b)(b) No person may sell or offer for sale any protective headgear for use by a driver or passenger on a motorcycle, not meeting the standards established for motorcycle operation in 49 CFR 571.218. 347.485(2)(a)(a) No person may operate a motorcycle on any highway without wearing any of the following eye protection: 347.485(2)(b)(b) Except for photosensitive corrective glasses prescribed by an ophthalmologist, physician, oculist or optometrist, eye protection worn during hours of darkness may not be tinted or darkened. 347.485(2)(c)(c) Notwithstanding par. (a), if the vehicle is an autocycle equipped with a windshield or a motorcycle equipped with a windshield that rises a minimum of 15 inches above the handlebar, the use of other eye protective devices is not mandatory. 347.485(2)(d)(d) This subsection shall not apply to persons operating a motorcycle in a parade sanctioned by the local municipality. 347.485(3)(3) No person may rent, lease or loan a motorcycle to another unless he or she has ascertained that such party has the required eye protection and, if the party holds an instructional permit under s. 343.07 (4) or is under 18 years of age, that the party has the required protective headgear for operating the motorcycle. 347.485(4)(4) Every person in the motorcycle rental business shall have clean, usable protective headgear for rent in sufficient quantity to care for the needs of all customers. 347.485 AnnotationThree-wheeled trucks and automobiles, golf carts, and other special purpose vehicles such as street sweepers, industrial fork-lifts, and motorized wheelbarrows are not motorcycles, and operators are not subject to this section. 58 Atty. Gen. 17.
347.486347.486 General requirements. 347.486(1)(1) No person may operate a motorcycle if the handlegrips of the handlebars rise more than 30 inches above the lowest point of the top of the driver’s seat when the seat is occupied. 347.486(2)(2) No person may operate a motorcycle with an improvised, defective or repaired handlebar. 347.486(3)(3) No person may operate a motorcycle without a functioning muffler. 347.487347.487 Seating requirements. Except as provided in s. 346.595 (3m), no more than 2 persons may ride on a motorcycle during operation, and then only if the vehicle is equipped and designed with adequate seats and foot rests or pegs. Foot rests or pegs shall be mounted in accordance with manufacturer’s specifications. In the absence of manufacturer’s specifications, foot rests or pegs for the passenger shall be located on the same horizontal plane as those of the operator. 347.488347.488 Moped equipment. No person may operate a moped unless: 347.488(1)(1) The moped complies with all federal emission, equipment and safety standards applicable at the time of manufacture; 347.488(2)(2) None of the original equipment installed on the moped by the manufacturer has been replaced with equipment of lesser performance characteristics; and 347.488(3)(3) The performance characteristics of the moped have not been altered so as to enable it to exceed the maximum design speed authorized for a moped under s. 340.01 (29m). 347.488 HistoryHistory: 1977 c. 288. 347.489347.489 Lamps and other equipment on bicycles and other vehicles and devices. 347.489(1)(1) No person may operate a bicycle, motor bicycle, personal delivery device, electric scooter, or electric personal assistive mobility device upon a highway, sidewalk, bicycle lane, or bicycle way during hours of darkness unless the bicycle, motor bicycle, personal delivery device, electric scooter, or electric personal assistive mobility device is equipped with or, with respect to a bicycle or motor bicycle, the operator is wearing, a lamp emitting a white light visible from a distance of at least 500 feet to the front of the bicycle, motor bicycle, personal delivery device, electric scooter, or electric personal assistive mobility device. A bicycle, motor bicycle, personal delivery device, electric scooter, or electric personal assistive mobility device shall also be equipped with a red reflector that has a diameter of at least 2 inches of surface area or, with respect to an electric scooter or an electric personal assistive mobility device, that is a strip of reflective tape that has at least 2 square inches of surface area, on the rear so mounted and maintained as to be visible from all distances from 50 to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in lieu of the red reflector. 347.489(1m)(1m) No person may operate a personal delivery device upon a sidewalk unless the device is equipped with a braking system that, when engaged, will enable the personal delivery device to come to a controlled stop. 347.489(2)(2) No person may operate a bicycle, motor bicycle, electric scooter, or electric personal assistive mobility device upon a highway, bicycle lane, or bicycle way unless it is equipped with a brake in good working condition, adequate to control the movement of and to stop the bicycle, motor bicycle, electric scooter, or electric personal assistive mobility device whenever necessary. 347.489(3)(3) No bicycle, motor bicycle, electric scooter, or electric personal assistive mobility device may be equipped with nor may any person riding upon a bicycle, motor bicycle, electric scooter, or electric personal assistive mobility device use any siren or compression whistle. 347.489(3m)(a)1.1. After January 1, 2018, a manufacturer or distributor of electric bicycles shall permanently affix to the electric bicycle a label containing all of the following information in Arial font of a minimum size of 9 point: 347.489(3m)(a)1.b.b. The speed at which the motor will cease to provide assistance or power. 347.489(3m)(a)2.2. If a person modifies an electric bicycle so as to change the classification of the electric bicycle, the person shall prepare and affix to the electric bicycle a revised label satisfying the requirements of subd. 1. 347.489(3m)(c)(c) An electric bicycle shall operate so that the motor ceases to provide assistance or power when the brakes are applied or the motor ceases to provide assistance or power when the rider stops pedaling. 347.489(3m)(d)(d) No person may operate a class 3 electric bicycle unless the electric bicycle is equipped with a speedometer that with reasonable accuracy registers the speed of the electric bicycle in miles per hour. 347.489(4)(4) No person may operate a personal delivery device upon a sidewalk unless the device is equipped with a plate or marker that is in a position to be clearly visible and that identifies the name and contact information of the personal delivery device operator. 347.49347.49 Equipment of vehicles transporting flammable liquids. 347.49(1)(1) In this section, “flammable liquid” means any gasoline, naphtha, benzine, fuel oil, crude oil, kerosene or other liquid which has a flashpoint of 80 degrees Fahrenheit or less as determined by a Tagliabue or equivalent closed-cup test device. 347.49(2)(2) No person shall transport in or on any motor vehicle, trailer or semitrailer upon a highway any flammable liquid except by tank mounted on or attached to or structurally a part of such motor vehicle, trailer or semitrailer and which is plainly marked to show that flammable liquids are being transported therein. 347.49(3)(3) This section does not apply to transportation of flammable liquids as freight only by the consumer from the place of purchase to the place of consumption if such liquids are transported in drums or other containers having a capacity of not more than 100 gallons each and if the total amount of such liquids so transported in any one vehicle or combination of vehicles does not exceed 500 gallons. 347.49 HistoryHistory: 2017 a. 365 s. 111. 347.50(1m)(1m) Any person violating s. 347.385 (5) may be fined not more than $10,000 or imprisoned for not more than one year in the county jail, or both, for each violation. 347.50(1s)(1s) Any person violating s. 347.413 (1) or 347.417 (1) may be fined not less than $150 nor more than $600, or may be imprisoned for not more than 6 months, or both for the first offense. For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000, or imprisoned for not more than 6 months, or both. 347.50(1t)(1t) In addition to the penalty under sub. (1s), if a person who is subject to an order under s. 343.301 violates s. 347.413, the court shall extend the order restricting the person’s operating privilege under s. 343.301 (1g) or (2m) for 6 months for each violation. 347.50(2)(2) Any person violating s. 347.415 (1m), (2), and (3) to (5) or 347.475 may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation. 347.50(2m)(b)(b) No forfeiture may be assessed for a violation of s. 347.48 (2m) (d) if the violator is less than 16 years of age when the offense occurs. 347.50(3)(a)(a) Any person violating s. 347.48 (4) (am) may be required to forfeit not less than $30 nor more than $75 if the child is less than 4 years old. 347.50(3)(b)(b) No forfeiture may be assessed under par. (a) if all of the following apply: 347.50(3)(b)1.1. The motor vehicle was not equipped with a child safety restraint system meeting the requirements under s. 347.48 (4) (am) at the time the uniform traffic citation was issued. 347.50(3)(b)2.2. The person provides proof that, within 30 days after the uniform traffic citation was issued, a child safety restraint system meeting the requirements under s. 347.48 (4) (am) was purchased or leased and properly installed in the motor vehicle. 347.50(3)(b)3.3. The person has not, within the immediately preceding 3 years, been issued a uniform traffic citation for a violation of s. 347.48 (4) (am). 347.50(4)(4) Any person violating s. 347.48 (4) (am) may be required to forfeit not less than $10 nor more than $25 for the first offense if the child is at least 4 years old and less than 8 years old. For a 2nd or subsequent conviction within 3 years involving a child who is at least 4 years old and less than 8 years old, a person may be required to forfeit not less than $25 nor more than $200. 347.50(5)(5) Any person violating s. 347.489 may be required to forfeit not more than $20.
