Chapter NR 64

Register February 2006 No. 602

Chapter NR 64

ALL-TERRAIN VEHICLES

NR 64.01   Purpose and applicability.

NR 64.02   Definitions.

NR 64.03   Registration.

NR 64.04   Registration decals.

NR 64.05   Change of address.

NR 64.06   Completion of application for registration by all-terrain vehicle dealers.

NR 64.07   Operating rules.

NR 64.075   Sanctioned races and derbies.

NR 64.08   Owner permitting operation.

NR 64.085   Refusal to allow testing.

NR 64.09   Safety certification program.

NR 64.10   Accident report confidential.

NR 64.11   Coroners and medical examiners to report: require blood specimen.

NR 64.12   Routes.

NR 64.13   General aids provisions.

NR 64.14   All-terrain vehicle trail aid.

NR 64.01 NR 64.01 Purpose and applicability. This chapter applies to owners and operators of all-terrain vehicles, dealers who sell all-terrain vehicles, towns, villages, cities, counties, the state and federal agencies. This chapter establishes standards for the implementation of the all-terrain vehicle program under s. 23.33, Stats.

NR 64.01 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86.

NR 64.02 NR 64.02 Definitions. In this chapter:

NR 64.02(1) (1) “All-terrain vehicle area” means a designated area that contains all-terrain vehicle riding courses and support facilities.

NR 64.02(2) (2) “All-terrain vehicle route” means a highway or sidewalk designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction.

NR 64.02(3) (3) “All-terrain vehicle trail” means a marked corridor on public property or on private lands subject to public easement or lease, designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction, but excluding roadways of highways except those roadways which are not seasonally maintained for motor vehicle traffic.

NR 64.02(4) (4) “Applicant” means the unit of government or agency applying for a grant under this chapter.

NR 64.02(5) (5) “Approval” means the signing by the secretary or secretary’s designee of a project agreement encumbering a specified amount of state aid funds for a specific purpose.

NR 64.02(6) (6) “Department” means department of natural resources.

NR 64.02(7) (7) “Enforcement” means the detection and prevention of civil violations.

NR 64.02(8) (8) “Force account” means the performance of a development or maintenance project with the forces and resources of the sponsor, including personal services, equipment and materials.

NR 64.02(9) (9) “Fringe benefits” means employers’ contributions or expenses for social security, employee’s life and health insurance plans, unemployment insurance coverage, workers compensation insurance, pension retirement plans, and employee benefits in the form of regular compensation during authorized absences from the job (i.e., annual, sick, court or military leave). These contributions and expenses must be equitably distributed to all employee labor activities.

NR 64.02(9m) (9m) “Hybrid Trail (Troute)” means an all-terrain vehicle trail and route combination that allows all-terrain vehicles and motor vehicles to utilize the same linear surface and the combination is used as a trail connector as defined in sub. (15).

NR 64.02(10) (10) “Indirect costs” means those costs not directly assignable to a grant, program or project. Such costs are generally administrative in nature, are incurred for a common or joint purpose, or are not readily assignable to a project or program.

NR 64.02(11) (11) “Project agreement” means a contract between the sponsor and department setting forth the obligations with regard to a portion or all of a specific project.

NR 64.02(12) (12) “Project period” means the period of time specified in the project agreement during which all work shall be completed.

NR 64.02(12e) (12e) “Raceway facility” means an area, including a marked warmup and testing area, specifically designated by a sponsor for the purpose of conducting a sanctioned race or derby for which any required local permits have been obtained.

NR 64.02(12r) (12r) “Sanctioned race or derby” means a competitive all-terrain vehicle event sponsored by a local unit of government, chamber of commerce, an all-terrain vehicle club, promoter, or similar organization.

NR 64.02(13) (13) “Secretary” means the secretary of the department of natural resources.

NR 64.02(14) (14) “Sponsor” means local unit of government, state agency, or federal agency receiving assistance.

NR 64.02(15) (15) “Trail Connector” means an all-terrain vehicle trail that connects one trail to another trail or services.

NR 64.02 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; cr. (12e) and (12r), Register, November, 1989, No. 407, eff. 12-1-89; CR 11-050: cr. (9m), (15) Register July 2012 No. 679, eff. 8-1-12.

NR 64.03 NR 64.03 Registration.

NR 64.03(1) (1) Application. Upon receipt of the required fees under s. 23.33 (2), Stats., payment of any sales and use taxes due under s. 77.61 (1), Stats., and an application on a form provided by the department, the department shall issue to the applicant a registration certificate stating the registration number, the name and address of the owner, and other information the department deems necessary.

NR 64.03(2) (2) Issuance.

NR 64.03(2)(a) (a) The department shall issue 2 registration decals with the registration certificate for each all-terrain vehicle owned by an individual owner. The decals shall be no larger than 4 inches in height and 4 inches in width or 4 inches in diameter and shall contain reference to the state, the department, and a machine identification number. Registration decals for all-terrain vehicles registered for public use shall also contain a reference to the expiration date of the registration.

NR 64.03(2)(b) (b) The department may designate authorized distributors of registration decals.

NR 64.03(3) (3) Expiration.

NR 64.03(3)(a) (a) All-terrain vehicle public use registration shall be valid for 2 years beginning July 1 or the date of issuance or renewal and ending June 30 of the second year following the date of issuance or renewal.

NR 64.03(3)(b) (b) All-terrain vehicle private use registration shall be valid from the date of issuance until ownership of the all-terrain vehicle is transferred.

NR 64.03(4) (4) Duplicate. If a registration certificate or registration decal is lost or destroyed, the owner may apply for a duplicate on a form provided by the department. Upon receipt of a proper application and the required fee, the department or its authorized agents shall issue a duplicate registration certificate or registration decal to the owner.

NR 64.03(5) (5) Transfer. Upon transfer of ownership of an all-terrain vehicle for which a registration certificate has been issued, the seller shall deliver the assigned certificate to the purchaser at the time of sale. The purchaser shall complete an application for transfer on a form provided by the department and mail or deliver it to the department within 10 days after the date of purchase.

NR 64.03(6) (6) Renewal. Prior to the end of the registration period, the department shall send the owner of each all-terrain vehicle registered for public use a 2 part renewal application. The owner shall complete and sign both portions of the renewal application and return one portion and the proper fee to the department. Upon receipt of the registration certificate and the registration decals, the owner shall destroy the remaining portion of the application. Failure to receive a renewal application does not relieve the owner of the obligation to renew the all-terrain vehicle registration.

NR 64.03(7) (7) If an all-terrain vehicle is junked, the owner shall return the registration certificate to the department marked “junked.”

NR 64.03(8) (8) All-terrain vehicles owned and operated by the state or by any county or municipality of this state shall display registration decals.

NR 64.03(9) (9) No municipality may register or license all-terrain vehicles. Municipalities may charge a seasonal or daily all-terrain vehicle area use fee but may not charge a seasonal or daily trail use fee if the municipality receives trail maintenance aids under s. NR 64.14.

NR 64.03(10) (10) 

NR 64.03(10)(a) (a) An all-terrain vehicle that is not registered pursuant to s. 23.33 (2) (a), Stats., or is not exempt from registration under s. 23.33 (2) (b) 1., 3. or 4., Stats., is exempt from displaying out of state registration if the all-terrain vehicle displays a current Wisconsin all-terrain vehicle nonresident trailpass and has not been in Wisconsin for more than 15 consecutive days.

NR 64.03(10)(b) (b) The nonresident trail pass shall be permanently affixed to the forward half of the all-terrain vehicle in a manner that is visible at all times.

NR 64.03 Note Note: This exemption will allow nonresidents to operate their ATVs in the state for up to 15 days without obtaining Wisconsin registration even though the ATV is not registered in the nonresident’s home state.

NR 64.03 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; am. (4), Register, December, 1999, No. 528, eff. 1-1-00; CR 05-053: cr. (10) Register February 2006 No. 602, eff. 3-1-06.

NR 64.04 NR 64.04 Registration decals.

NR 64.04(1) (1) Registration decals shall be permanently affixed to the all-terrain vehicle by the decal’s own adhesive on both sides of the vehicle in a position forward of the operator that is clearly visible. The owner of an all-terrain vehicle shall maintain the registration decals in a legible condition at all times.

NR 64.04(2) (2) Except as provided in sub. (3), the decals shall be permanently attached and displayed on the all-terrain vehicle before any person operates the vehicle.

NR 64.04(3) (3) A person may operate an all-terrain vehicle without having the registration decals displayed as provided in sub. (2) if the owner has a receipt validated by the department or its authorized agents. The operator shall have the validated receipt in his or her possession at all times when operating the all-terrain vehicle and shall exhibit it upon demand for inspection by any person authorized to enforce this section under s. 23.33 (12), Stats. Upon receipt, the registration decals shall be displayed in the manner indicated in sub. (2).

NR 64.04 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; am. (2), cr. (3), Register, May, 1991, No. 425, eff. 6-1-91; am. (3), Register, December, 1999, No. 528, eff. 1-1-00.

NR 64.05 NR 64.05 Change of address. If the owner of a registered all-terrain vehicle changes his or her address, the owner shall notify the department in writing of the new address within 15 days after the address change.

NR 64.05 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86.

NR 64.06 NR 64.06 Completion of application for registration by all-terrain vehicle dealers.

NR 64.06(1) (1) When an all-terrain vehicle dealer sells an all-terrain vehicle, the dealer shall require the buyer to complete an application for a registration certificate and collect the required fee at the time of sale. The dealer shall mail the application and fee to the department no later than 7 days after the date of sale. The department shall provide combination application and receipt forms and the dealer shall furnish the buyer with a complete receipt showing that application for registration has been made. The operator of the all-terrain vehicle shall have this completed receipt in his or her possession while operating the all-terrain vehicle until the registration decals are received. No dealer may charge an additional fee to the buyer for performing the service required under this section.

NR 64.06(2) (2) When an all-terrain vehicle dealer sells an all-terrain vehicle to a person from another state who wishes to register that all-terrain vehicle in his or her home state, the dealer shall complete an application that the all-terrain vehicle is to be registered in another state, furnish the buyer with one copy and retain one copy for the dealer’s records and shall mail one copy to the department no later than 7 days after the date of sale.

NR 64.06(3) (3) Every all-terrain vehicle dealer shall maintain, for one year, a record in the form prescribed by the department for each new all-terrain vehicle sold. These records shall be open for inspection by the department.

NR 64.06(4) (4) Commencing 6 months after August 1, 1986, no dealer may accept an all-terrain vehicle in trade unless it is registered with the department or another state.

NR 64.06 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86.

NR 64.07 NR 64.07 Operating rules.

NR 64.07(1) (1) In addition to the provisions of s. 23.33 (3), Stats., no person may operate an all-terrain vehicle:

NR 64.07(1)(a) (a) On or across a cemetery, burial ground, campground, park, school property or church property without consent of the owner.

NR 64.07(1)(b) (b) On the lands of an operating airport or landing facility except for personnel in performance of their duties or with consent.

NR 64.07(1)(c) (c) At a rate of speed that is unreasonable or improper under the circumstances.

NR 64.07(2) (2) The operator of an all-terrain vehicle shall slow his or her vehicle to a speed not to exceed 10 miles per hour and yield the right-of-way when traveling within 100 feet of a person who is not on an all-terrain vehicle, a snowmobile or a motorcycle except as provided under ch. 346, Stats., where applicable.

NR 64.07(3) (3) All-terrain vehicle noise emissions and testing. No person may manufacture, sell, rent or operate an all-terrain vehicle that is constructed or altered in a manner that noise emitted from the all-terrain vehicle exceeds 96 decibels on the A scale when measured in the manner prescribed in the reaffirmed 1998-07, Society of Automotive Engineers Standard J1287, entitled Measurement of Exhaust Sound Levels of Stationary Motorcycles.

NR 64.07(4) (4) Copies and amendments of the Society of Automotive Engineers Technical Report 1998-07, Society of Automotive Engineers Standard J1287, entitled Measurement of Exhaust Sound Levels of Stationary Motorcycles, is available for inspection in the following offices:

NR 64.07(4)(a) (a) The Department of Natural Resources, 101 S. Webster St., Madison, Wisconsin 53707.

NR 64.07(4)(b) (b) The Office of the Secretary of State, 30 W. Mifflin St., Madison, Wisconsin 53707.

NR 64.07(4)(c) (c) The Legislative Reference Bureau, One E. Main St., Madison, Wisconsin.

NR 64.07(4)(d) (d) The Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, Pennsylvania 15096.

NR 64.07 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; CR 05-054: cr. (3) and (4) Register February 2006 No. 602, eff. 3-1-06; correction in (4) (c) made under s. 13.92 (4) (b) 6., Stats., Register April 2013 No. 688.