Chapter NR 64

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.

NR 64.075 NR 64.075 Sanctioned races and derbies. The sponsor conducting a sanctioned race or derby on a raceway facility shall:

NR 64.075(1) (1) Make provisions to keep spectators at least 100 feet away from race competitors on the frozen surfaces of public waters.

NR 64.075(2) (2) Give notice of the race or derby to the local conservation warden or law enforcement agency having jurisdiction.

NR 64.075 History History: Cr. Register, November, 1989, No. 407, eff. 12-1-89.

NR 64.08 NR 64.08 Owner permitting operation. An owner or other person having charge or control of an all-terrain vehicle may not authorize or permit any person to operate the all-terrain vehicle if the person is:

NR 64.08(1) (1) Prohibited from operating an all-terrain vehicle under s. 23.33 (5), Stats.,

NR 64.08(2) (2) Incapable of operating an all-terrain vehicle because of a physical or mental disability, or

NR 64.08(3) (3) Under the influence of fermented malt beverages, intoxicating liquor or controlled substances.

NR 64.08 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86.

NR 64.085 NR 64.085 Refusal to allow testing. No operator or owner of any all-terrain vehicle may deny inspection or may refuse to operate his or her all-terrain in a manner prescribed by the law enforcement officer who reasonably suspects a violation of all-terrain equipment requirements found in s. 23.33, Stats.

NR 64.085 History History: Cr. Register, December, 1999, No. 528, eff. 1-1-00.

NR 64.09 NR 64.09 Safety certification program. The department shall establish a program of instruction on all-terrain vehicle laws, regulations, safety and related subjects. The program shall include the following:

NR 64.09(1) (1) The program may be conducted by instructors certified by the department or the department may establish a correspondence-type course.

NR 64.09(2) (2) The department shall procure liability insurance coverage for certified instructors for work within the scope of their duties under this section.

NR 64.09 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; CR 00-110: r. (3) and (4) Register April 2002 No. 556, eff. 5-1-02.

NR 64.10 NR 64.10 Accident report confidential. No report required under s. 23.33 (7), Stats., to be filed with the department may be used as evidence in any trial, civil or criminal, arising out of an accident, except that the department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department. This information will be provided solely to prove a compliance or failure to comply with the requirement that such a report be made.

NR 64.10 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86.

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

NR 64.11(1) (1) Every coroner or medical examiner shall, on or before the 10th day of each month, report in writing to the department the death of any person within his or her jurisdiction during the preceding calendar month as the result of an accident involving an all-terrain vehicle and the circumstances of such accident.

NR 64.11(2) (2) In cases of death involving an all-terrain vehicle in which the decedent died within 6 hours of the time of the accident, a blood specimen of at least 10 cc. shall be withdrawn from the body of the decedent within 12 hours after death by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of a physician. All morticians shall obtain a release from the coroner or medical examiner prior to proceeding with embalming any body coming under the scope of this section. The blood drawn shall be forwarded to a laboratory approved by the department of health services for analysis of the alcoholic and controlled substance content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each analysis to the department of health services. The department of health services shall keep a record of all such examinations to be used for statistical purposes only. The cumulative results of the examinations, without identifying the individuals involved, shall be disseminated and made public by the department of health services. The department shall reimburse coroners and medical examiners for the costs incurred in submitting reports and taking blood specimens and laboratories for the costs incurred in analyzing blood specimens under this section.

NR 64.11 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; correction in (2) made under s. 13.93 (2m) (b) 6., Stats., Register, December, 1999, No. 528; corrections in (2) made under s. 13.92 (4) (b) 6., Stats., Register April 2013 No. 688.

NR 64.12 NR 64.12 Routes.

NR 64.12(1) (1) An all-terrain vehicle route may be established by a town, city, village or county by adopting an ordinance designating a highway as an all-terrain vehicle route and signing the highway in accord with s. 23.33 (8), Stats., and rules of the department.

NR 64.12(2) (2) A town, city, village or county may adopt an ordinance designating a state trunk highway or connecting highway as an all-terrain vehicle route if the department of transportation approves the designation.

NR 64.12(3) (3) A town, city, village or county may adopt an ordinance designating a sidewalk of a state trunk highway bridge as an all-terrain vehicle route with the approval of the department of transportation.

NR 64.12(4) (4) A town, city, village or county may designate a route as an all-terrain vehicle route during certain periods of the year and prohibit the operation of all-terrain vehicles on that route during other periods of the year.

NR 64.12(5) (5) All-terrain vehicle operation is not permitted on state trunk highways or connecting highways except as provided for under s. 23.33 (4), Stats., or sub. (2) or (3).

NR 64.12(6) (6) No person may operate an all-terrain vehicle on a restricted all-terrain vehicle route during any period of the year when the operation of all-terrain vehicles is prohibited.

NR 64.12(7) (7) Signs for all-terrain vehicle routes on highways, hybrid trails, and sidewalks designated for use by the governmental unit having jurisdiction as authorized under s. 23.33 (8), Stats., shall meet the following requirements:

NR 64.12(7)(a) (a) The all-terrain vehicle route sign shall have a reflectorized white symbol, border and message on a reflectorized green background. The sign, including the stylized all-terrain vehicle symbol and the word message “ATV ROUTE”, shall conform to the standard design on file in the department of transportation.

NR 64.12 Note Note: For information on whom to contact for the construction of signs for all-terrain vehicle routes, contact your DNR Regional Community Service Specialist shown online at http://dnr.wi.gov/files/PDF/pubs/cf/CF0023.pdf.