Chapter NR 64

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.

NR 64.12(7)(am) (am) The standard and minimum size of an all-terrain vehicle route sign shall be:

NR 64.12(7)(am)1. 1. For an all-terrain vehicle route sign on a hybrid trail that is not receiving gas tax funding: no smaller than 6 inches by 6 inches and no larger than 24 inches by 18 inches.

NR 64.12(7)(am)2. 2. For all other all-terrain vehicle route signs not identified in subd. 1., the minimum size shall be 24 inches by 18 inches.

NR 64.12(7)(b) (b) The directional arrow marker (M7 series) shall have a reflectorized white arrow and border on a reflectorized green background. The standard and minimum size of a directional arrow shall be 12 inches by 9 inches.

NR 64.12(7)(c) (c) An all-terrain vehicle route sign with directional arrow, where appropriate, shall be placed at the beginning of an all-terrain vehicle route and at such locations and intervals as necessary to enable all-terrain vehicle operators to follow the route.

ALL TERRAIN VEHICLE ROUTE SIGN AND ARROWS
(M-7 SERIES)

GREEN REFLECTORIZED BACKGROUND WITH WHITE REFLECTORIZED LETTERS, SYMBOLS, AND BORDER

NR 64.12(7)(d) (d) All-terrain vehicle route signing shall be done by or under the direction of and is the responsibility of the unit of government which designates the all-terrain vehicle route.

NR 64.12 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; CR 11-050: am. (7) (intro.), (a), cr. (7) (am) Register July 2012 No. 679, eff. 8-1-12.

NR 64.13 NR 64.13 General aids provisions. The following provisions are applicable to the all-terrain vehicle aids program and law enforcement aids to counties.

NR 64.13(1) (1) Acquisition of real property shall be in accord with state guidelines for preparation of appraisals and relocation assistance.

NR 64.13(2) (2) Before development of certain public facilities begins, formal approval may be required from state agencies concerning health, safety or sanitation requirements.

NR 64.13(3) (3) Assistance may be given to develop leased real property provided control and tenure of such property is commensurate with the proposed development.

NR 64.13(4) (4) Donated labor, materials, land or other activities which do not result in an actual expenditure by the sponsor and indirect costs are not allowable in the claim.

NR 64.13(5) (5) Direct costs which are supported by time sheets, vouchers or similar documentation reflecting specific assignment to a project are eligible project costs.

NR 64.13(6) (6) Actual costs of force account labor and equipment is allowable. Equipment rental rates may not exceed the county machinery rates established annually by the department of transportation.

NR 64.13(7) (7) Where a machinery rate schedule is established by the department for both equipment and operator, the total of force account labor and equipment may not exceed the rate specified in the schedule.

NR 64.13(8) (8) Actual fringe benefits paid as part of the direct labor costs claimed are eligible project costs.

NR 64.13(9) (9) Claims for payment shall be submitted within 6 months of the project termination date.

NR 64.13(10) (10) 

NR 64.13(10)(a) (a) Except as provided in pars. (b) and (c), project expenditures shall be within the project period, project scope and project amount as shown on the project agreement.

NR 64.13(10)(b) (b) Expenditures for land acquisition made prior to entering into a project agreement may be reimbursed upon prior written approval of the department. To receive approval, the sponsor shall submit a written statement demonstrating a need to acquire land prior to the approval of a project agreement.

NR 64.13(10)(c) (c) Expenditures for necessary engineering or planning costs made prior to entering a project agreement may be reimbursed by the department.

NR 64.13(11) (11) A request for a project extension shall be submitted prior to the project termination date.

NR 64.13(12) (12) All payments are contingent upon final audit. Financial records including all documentation to support entries in the accounting records to substantiate charges for each project shall be kept available for review by state officials for a period of 3 years after final payment.

NR 64.13(13) (13) Reasonable entrance or user fees may be charged to offset operation and maintenance costs of all-terrain vehicle use areas. Fees are subject to department review.

NR 64.13(14) (14) 

NR 64.13(14)(a) (a) The department may approve a variance from nonstatutory requirements of this chapter upon the request of a sponsor if:

NR 64.13(14)(a)1. 1. The department determines that the variance is essential to effect necessary grant actions or program objectives; and

NR 64.13(14)(a)2. 2. Special circumstances indicate that the variance is in the best interest of the program.

NR 64.13(14)(b) (b) In determining whether to grant a variance under par. (a), the department shall take into account such factors as good cause and circumstances beyond the control of the sponsor.

NR 64.13 History History: Cr. Register, July, 1986, No. 367, eff. 8-1-86; renum. (10) to be (10) (a) and am., cr. (10) (b) and (c) and (14), Register, May, 1991, No. 425, eff. 6-1-91; am. (8), Register, December, 1999, No. 528, eff. 1-1-00.

NR 64.14 NR 64.14 All-terrain vehicle trail aid.

NR 64.14(1) (1) Distribution. The department shall distribute all-terrain vehicle project aids on the basis of a priority system according to the following priority ranked purposes;

NR 64.14(1)(a) (a) Maintenance of existing approved all-terrain vehicle areas and trails, including routes;

NR 64.14(1)(b) (b) Purchase of liability insurance;

NR 64.14(1)(c) (c) Acquisition of land by easement, lease or other agreements for the use of land;