Chapter 350

350.11(4) (4) In addition to the penalties under this section, the court may order the defendant to restore or replace any uniform snowmobile trail sign or standard that the defendant removed, damaged, defaced, moved or obstructed.

350.11 History History: 1971 c. 277; 1973 c. 218; 1975 c. 365; 1987 a. 399; 1991 a. 269; 1993 a. 119, 436; 1995 a. 417, 448; 1997 a. 27, 283; 2001 a. 109; 2003 a. 97.

350.11 Cross-reference Cross-reference: See s. 23.50 concerning enforcement procedures.

350.115 350.115 Snowmobile registration restitution surcharge.

350.115(1) (1) Levy of snowmobile registration restitution surcharge.

350.115(1)(a) (a) If a court imposes a forfeiture for a violation of a provision of this chapter where the payment of a registration fee is required, the court shall impose a snowmobile registration restitution surcharge under ch. 814 equal to the amount of the fee that was required and should have been obtained.

350.115(1)(b) (b) If a forfeiture is suspended in whole or in part, the snowmobile registration restitution surcharge shall be reduced in proportion to the suspension unless the court directs otherwise.

350.115(1)(c) (c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the snowmobile registration restitution surcharge under this section. If the deposit is forfeited, the amount of the snowmobile registration restitution surcharge shall be transmitted to the secretary of administration under par. (d). If the deposit is returned, the snowmobile registration restitution surcharge shall also be returned.

350.115(1)(d) (d) The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

350.115(2) (2) Use of snowmobile registration restitution surcharge funds. All moneys collected from snowmobile registration restitution surcharges shall be deposited in the conservation fund.

350.115 History History: 1991 a. 39; 1995 a. 201; 2003 a. 33, 139, 326.

350.12 350.12 Registration of snowmobiles; trail use stickers.

350.12(1) (1) Registration requirement. After January 1, 1970, no person shall operate, and no owner shall give permission for the operation of any snowmobile within this state unless the operation of the snowmobile complies with sub. (3) (a) 1. or (5) (cm) or is exempt from registration. No political subdivision shall have authority to register or license snowmobiles.

350.12(2) (2) Exemption. A snowmobile is exempt from registration if it is one of the following:

350.12(2)(a) (a) Owned by the United States, another state or a political subdivision thereof, but such snowmobiles shall display the name of the owner on the cowling thereof.

350.12(2)(b) (b) Covered by a valid registration in another state, province or country, provided there is some identification of registration displayed on the snowmobile and it has not been in this state for more than 15 consecutive days.

350.12(2)(bm) (bm) Covered by a valid registration of a federally recognized American Indian tribe or band, if all of the following apply:

350.12(2)(bm)1. 1. The registration program of the tribe or band is covered by an agreement under s. 23.35.

350.12(2)(bm)2. 2. The snowmobile displays the registration decal required by the tribe or band.

350.12(2)(bm)3. 3. The snowmobile has not been, for more than 15 consecutive days, in that portion of this state that is outside the boundaries of the reservation where it is registered.

350.12(2)(bn) (bn) In the registration application process in another state, province or country, if proof of the application for registration is carried on the operator and the snowmobile has not been in this state for more than 15 consecutive days.

350.12(2)(c) (c) Used exclusively for racing on a raceway facility.

350.12(2)(d) (d) 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 snowmobile.

350.12(3) (3) Applications, issuances, renewals, fees.

350.12(3)(a) (a)

350.12(3)(a)1. 1. Except as provided under subs. (2) and (5) (cm), no person may operate and no owner may give permission for the operation of any snowmobile within this state unless the snowmobile is registered for public use or private use under this paragraph or s. 350.122 or as an antique under par. (b) and has the registration decals displayed as required under sub. (5) or s. 350.122 or unless the snowmobile has a plate and a registration decal attached as required under par. (c) 3. A snowmobile that is not registered as an antique under par. (b) may be registered for public use. A snowmobile that is not registered as an antique under par. (b) and that is used exclusively on private property, as defined under s. 23.33 (1) (n), may be registered for private use. A snowmobile public-use registration certificate is valid for 3 years beginning on the July 1 prior to the date of application if registration is made prior to April 1 and beginning on the July 1 subsequent to the date of application if registration is made after April 1 and ending on June 30, 3 years thereafter. A snowmobile private-use registration certificate is valid from the date of issuance until ownership of the snowmobile is transferred. The fee for the issuance or renewal of a public-use registration certificate is $30, except that the fee is $5 if it is a snowmobile owned and operated by a political subdivision of this state. There is no fee for the issuance of a private-use registration certificate or for the issuance of a registration certificate to the state.

350.12(3)(a)2. 2. Upon transfer of ownership of a snowmobile for which a registration certificate has been issued by this state or by another state, province, or country, the seller shall, at time of sale, deliver the assigned certificate to the purchaser.

350.12(3)(a)3. 3. The purchaser shall complete the application for transfer and cause it to be delivered to the department or an agent appointed under sub. (3h) (a) 3. within 10 days from the date of purchase. A fee of $5 shall be paid for transfer of a current registration certificate.

350.12(3)(a)4. 4. Whenever a snowmobile is junked, the owner shall return the certificate of registration to the department marked “junked”.

350.12(3)(b) (b)

350.12(3)(b)1. 1. An owner of a snowmobile may register the snowmobile as an antique snowmobile if it is at least 35 years old at the time that the owner applies for such registration. Upon payment of a fee of $20, the owner shall be furnished a registration certificate and decals of a distinctive design, in lieu of the design on the decals issued under par. (d). The design shall show that the snowmobile is an antique. The registration certificate shall be valid for 3 years. If the snowmobile is registered before April 1, the 3-year period begins on the July 1 before the date of application. If the snowmobile is registered on or after April 1 of a given year, the 3-year period begins on the July 1 after the date of application. The fee for issuance of the initial registration certificate is $20. The fee for renewal of the registration is $5.

350.12(3)(b)2. 2. An owner who has applied to register a snowmobile under this paragraph before April 10, 2014, is exempt from the initial registration requirement under subd. 1. if the person submits an application to renew the registration under subd. 1. before March 1, 2015.

350.12(3)(b)3. 3. Unless inconsistent with this paragraph, the provisions of this chapter applicable to other snowmobiles shall apply to antique snowmobiles.

350.12(3)(c) (c)

350.12(3)(c)1. 1. Every person who is a snowmobile manufacturer, snowmobile dealer, snowmobile distributor or snowmobile renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial snowmobile certificate.

350.12(3)(c)2. 2. The fee for issuing or renewing a commercial snowmobile 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 snowmobile certificate and 3 registration decals. The fee for additional registration decals is $30 per decal.

350.12(3)(c)3. 3. A person who is required to obtain a commercial snowmobile certificate under subd. 1. shall attach in a clearly visible place a plate that is removable and temporarily but firmly mounted to any snowmobile that is not registered for public use and that the person leases, rents, offers for sale or otherwise allows to be used whenever the snowmobile is being operated. A registration decal issued under subd. 2. shall be attached to the plate.

350.12(3)(c)4. 4. The period of validity for a commercial snowmobile certificate is 3 years, to be calculated in the same manner as is the period of validity for a public-use registration certificate under par. (a).

350.12(3)(c)5. 5. Any snowmobile dealer or creditor may offer or sell guaranteed asset protection waivers in connection with the retail sale or lease of snowmobiles 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.

350.12(3)(cm) (cm) Subsection (3h) does not apply to commercial snowmobile certificates and registration decals issued under par. (c) 2. or to registration certificates issued for antique snowmobiles under par. (b).

350.12(3)(d) (d)

350.12(3)(d)1. 1. Upon receipt of the required fee, a sales report, payment of sales and use taxes due under s. 77.61 (1), and an application on forms prescribed by the department, a temporary operating receipt or a registration certificate and 2 registration decals shall be issued to the applicant using one of the procedures specified in sub. (3h) (ag) 1.

350.12(3)(d)2. 2. The registration certificate issued under this paragraph or sub. (3h) (ag) 2. shall contain the registration number, the name and address of the owner, and other information the department considers necessary.

350.12(3)(d)3. 3. The decals issued under this paragraph or sub. (3h) (ag) 2. shall be no larger than 3 inches in height and 6 inches in width. The decals shall contain reference to the state, the department, whether the snowmobile is registered for public use or private use under par. (a), or as an antique under par. (b), and shall show the expiration date of the registration.

350.12(3)(e) (e) If a registration certificate, registration decal, or commercial snowmobile certificate is lost or destroyed, the holder of the certificate or decal may apply for a duplicate on forms provided for by the department accompanied by a fee of $5. Upon receipt of a proper application and the required fee, the department or an agent appointed under sub. (3h) (a) 3. shall issue a duplicate certificate, decal, or plate to the applicant.

350.12(3)(f) (f) All fees remitted to or collected by the department under pars. (a) and (e) shall be credited to the appropriation account under s. 20.370 (9) (hu).

350.12(3g) (3g) Registration of certain snowmobiles.

350.12(3g)(a) (a) Registration certificates issued to persons under s. 350.12 (3) (c) (intro.), 1989 stats., before August 15, 1991, shall remain valid until their expiration dates.

350.12(3g)(b) (b) A snowmobile put into use by a snowmobile renter before August 15, 1991, shall be subject to the requirements that are applicable under s. 350.12 (3) (c) (intro.) and 5., 1989 stats., s. 350.12 (3) (d), 1989 stats., s. 350.12 (3) (dm), 1989 stats., and s. 350.12 (5) (b), 1989 stats., and is exempt from the requirement under sub. (3) (c) 3. until the expiration date of the snowmobile registration.

350.12(3h) (3h) Registration; procedures.

350.12(3h)(a) (a) 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:

350.12(3h)(a)1. 1. Directly issue, transfer, or renew registration documents with or without using the services specified in par. (ag) 1. and directly issue reprints.

350.12(3h)(a)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. (ag) 1. and to issue reprints.

350.12(3h)(ag) (ag) Registration; methods of issuance.

350.12(3h)(ag)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. (a) 3.:

350.12(3h)(ag)1.a. a. A procedure under which the department or agent appointed under par. (a) 3. accepts applications for registration documents and issues temporary operating receipts at the time applicants submit applications accompanied by the required fees.

350.12(3h)(ag)1.b. b. A procedure under which the department or agent appointed under par. (a) 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.

350.12(3h)(ag)2. 2. Under either procedure under subd. 1., the applicant shall be issued any remaining registration documents directly from the department at a later date. Any registration document issued under subd. 1. b. shall be sufficient to allow the snowmobile for which the application is submitted to be operated in compliance with the registration requirements under this section.

350.12(3h)(ar) (ar) Registration; supplemental fees. In addition to the applicable fee under sub. (3) (a), when an agent appointed under par. (a) 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 or a renewal temporary operating receipt under par. (ag) 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.

350.12(3h)(g) (g) Receipt of fees. All fees remitted to or collected by the department under par. (ar) shall be credited to the appropriation account under s. 20.370 (9) (hu).

350.12(3h)(h) (h) Rules. The department may promulgate rules to establish eligibility and other criteria for the appointment of agents under par. (a) 3. and to regulate the activities of these agents.

350.12(3i) (3i) Alterations and falsifications prohibited.

350.12(3i)(a) (a) No person may intentionally do any of the following:

350.12(3i)(a)1. 1. Make a false statement on an application for a registration issued under sub. (3).

350.12(3i)(a)2. 2. Alter, remove, or change any number or other character in a vehicle identification number.

350.12(3i)(b) (b) No person may do any of the following:

350.12(3i)(b)1. 1. Manufacture a vehicle identification number tag that the person knows to contain false information to be placed on a snowmobile.

350.12(3i)(b)2. 2. Place a vehicle identification number tag that the person knows to be false on a snowmobile.

350.12(3j) (3j) Trail use stickers.

350.12(3j)(a) (a)

350.12(3j)(a)1. 1. In this paragraph:

350.12(3j)(a)1.a. a. “Public snowmobile corridor” means a snowmobile trail or other established snowmobile corridor that is open to the public but does not include a snowmobile route.

350.12(3j)(a)1.b. b. “Temporary trail use receipt” means a receipt issued by the department or an agent under this subsection that shows that an application and the required fees for a trail use sticker have been submitted to the department or an agent appointed under par. (e) 1.

350.12(3j)(a)2. 2. No person who is the owner of a snowmobile may operate, or give permission for another person to operate, a snowmobile on a public snowmobile corridor in this state unless any of the following apply:

350.12(3j)(a)2.a. a. Except as provided in this subd. 2. a., a trail use sticker issued under this subsection is displayed on the snowmobile. For a snowmobile that is required to have a plate attached under sub. (3) (c) 3., the trail use sticker may be displayed on the plate.

350.12(3j)(a)2.b. b. The operator of the snowmobile is carrying proof of a valid temporary trail use receipt for the snowmobile.

350.12(3j)(b) (b) The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b) or (bn) is $49.25. A trail use sticker issued for such a snowmobile may be issued only by the department and persons appointed by the department and expires on June 30 of each year.

350.12(3j)(bg) (bg)

350.12(3j)(bg)1. 1. In this paragraph, “snowmobile club” means an association organized in this state that is a member of the Association of Wisconsin Snowmobile Clubs, that meets at least 3 times per year, that has at least 10 members, and that promotes responsible snowmobiling.

350.12(3j)(bg)3. 3. The fee for a trail use sticker issued for a snowmobile that is registered under sub. (3) and that is owned by a person who is both a member of a snowmobile club and a member of the Association of Wisconsin Snowmobile Clubs is $9.25.

350.12(3j)(bg)4. 4. The fee for a trail use sticker issued for a snowmobile that is registered under sub. (3) and that is owned by a person who does not meet the requirements under subd. 3. is $29.25.

350.12(3j)(bg)5. 5. A trail use sticker issued for a snowmobile for which a fee is charged under this paragraph may be issued only by the department and persons appointed by the department and expires on June 30 of each year.

350.12(3j)(c) (c) There is no fee for a trail use sticker issued for a snowmobile that is registered under s. 23.35 or 350.122. The department or Indian tribe or band shall issue a trail use sticker for such a snowmobile when it issues the registration certificate for the snowmobile. The department shall provide Indian tribes or bands that register snowmobiles under s. 23.35 or 350.122 with a supply of trail use stickers.

350.12(3j)(d) (d) A snowmobile that is registered as an antique under sub. (3) (b) or that is exempt from registration under sub. (2) (a) or (d) is exempt from having a trail use sticker displayed, and from carrying a temporary trail use receipt, under par. (a).

350.12(3j)(e) (e)

350.12(3j)(e)1. 1. The department may appoint any person who is not an employee of the department as the department’s agent to issue temporary trail use receipts and collect the fees for these receipts.

350.12(3j)(e)2. 2. Any person, including the department, who issues a trail use sticker or a temporary trail use receipt shall collect in addition to the fee under par. (b) or (bg) 3. or 4. an issuing fee of 75 cents. The agent may retain 50 cents of the issuing fee to compensate the agent for the agent’s services in issuing the temporary trail use receipt.

350.12(3j)(e)3. 3. The department shall establish by rule procedures for issuing trail use stickers and temporary trail use receipts, and the department may promulgate rules regulating the activities of persons who are authorized to be agents under this paragraph.

350.12(3j)(e)4. 4. All fees remitted to or collected by the department under subd. 2. shall be credited to the appropriation account under s. 20.370 (9) (hu).