Wisconsin Legislature: Ch. Trans 305 TOC

Ch. Trans 305 NoteNote: Chapter MVD 5 as it existed on February 29, 1996 was repealed and a new chapter Trans 305 was created effective March 1, 1996.

subch. I of ch. Trans 305Subchapter I — General Provisions

Trans 305.01Trans 305.01 Purpose and scope.

Trans 305.01(1)(1) The purpose of this chapter is to prescribe minimum equipment requirements for vehicles and standards for the equipment used on vehicles.

Trans 305.01(2)(2) This chapter includes equipment requirements for manufactured, homemade, street modified, replica and reconstructed vehicles and motor vehicles, including automobiles, light trucks, heavy trucks, motorcycles, motor homes, trailers and semi-trailers.

Trans 305.01 HistoryHistory: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.02Trans 305.02 Applicability.

Trans 305.02(1)(1) This chapter does not apply to the following vehicles:

Trans 305.02(1)(a)(a) Farm tractors and self-propelled farm implements.

Trans 305.02(1)(b)(b) Implements of husbandry as defined in s. 340.01 (24), Stats.

Trans 305.02(1)(c)(c) Vehicles drawn by animals.

Trans 305.02(1)(d)(d) Road machinery.

Trans 305.02(1)(e)(e) Bicycles.

Trans 305.02(1)(f)(f) Motor bicycles or mopeds.

Trans 305.02(1)(g)(g) Golf carts operated in accordance with s. 349.18 (1) (b), Stats.

Trans 305.02(1)(h)(h) Homemade, street modified, replica or reconstructed motor vehicles owned by a nonresident that are domiciled and registered in a foreign jurisdiction and temporarily operated in Wisconsin.

Trans 305.02(1)(i)(i) Homemade or reconstructed vehicles registered as homemade or reconstructed vehicles in Wisconsin before January 1, 1975.

Trans 305.02(2)(2) Except as provided in sub. (4):

Trans 305.02(2)(a)(a) Subchapter II applies to automobiles, light trucks and motor homes.

Trans 305.02(2)(b)(b) Subchapter III applies to motorcycles.

Trans 305.02(2)(c)(c) Subchapter IV applies to heavy trucks, trailers and semi-trailers.

Trans 305.02(3)(3) Homemade or reconstructed vehicles registered in Wisconsin on or after January 1, 1975, shall meet the vehicle equipment standards in subchs. II, III and IV applicable to vehicles of the same type which are manufactured in the year in which the homemade or reconstructed vehicle is first registered in Wisconsin except as specifically provided. When subchs. II, III and IV make equipment standards applicable to vehicles manufactured after a certain date, the standards apply to homemade and reconstructed vehicles first registered in Wisconsin after that date.

Trans 305.02(4)(4) Vehicles covered under subchs. II, III and IV that are street modified or replica vehicles shall meet the following vehicle equipment requirements:

Trans 305.02(4)(a)(a) The vehicle equipment requirements for a street modified vehicle shall be the same as the vehicle equipment requirements for a vehicle of the same type and model year that is not a street modified vehicle.

Trans 305.02(4)(b)(b) The vehicle equipment requirements for a replica vehicle shall be the same as the vehicle equipment requirements for a vehicle of the same type and model year as the vehicle used for purposes of the reproduction.

Trans 305.02(5)(5) No section of this chapter requires vehicles meeting equipment requirements established by Wisconsin or federal law for the year of original manufacture to update vehicle equipment to meet increased requirements under this chapter unless updating is required by ch. 347, Stats., or sub. (3).

Trans 305.02(6)(6) Vehicles that were legally titled and registered in another jurisdiction and that met vehicle equipment standards established by the law of the other jurisdiction and are in compliance with Wisconsin equipment requirements for that model year are not required to update vehicle equipment to meet increased requirements under this chapter upon titling and registration in Wisconsin unless updating is required by ch. 347, Stats.

Trans 305.02(7)(7) Nothing in this chapter is intended to modify the provisions of ch. 347, Stats., and all vehicles to which this chapter applies shall also comply with the requirements of ch. 347, Stats.

Trans 305.02(8)(8) Nothing in this chapter is intended to modify the provisions of chs. Trans 308, 325, 326, and 327, and all vehicles to which subch. IV applies shall also comply with all applicable requirements of chs. Trans 308, 325, 326, and 327.

Trans 305.02 HistoryHistory: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (6), Register, October, 1997, No. 502, eff. 11-1-97; corrections in (8) made under s. 13.93 (2m) (b) 7., Stats., Register May 2004 No. 581.

Trans 305.03Trans 305.03 Enforcement. No person may operate or allow to be operated on Wisconsin highways any vehicle subject to this chapter that is not in conformity with the applicable requirements of this chapter. Whenever this chapter requires a lamp or device to be mounted at a certain height, the distance shall be measured from the center of the lamp or device to the level ground upon which the vehicle stands when such vehicle is without load.

Trans 305.03 HistoryHistory: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.04Trans 305.04 Penalty. Unless a different penalty is provided by statute, any violation of this chapter shall be punishable as prescribed in s. 110.075 (7), Stats.

Trans 305.04 HistoryHistory: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.05Trans 305.05 Definitions. Words and phrases defined in chs. 340 and 341, Stats., are used in the same sense in this chapter unless a different definition is specified. In this chapter:

Trans 305.05(1)(1) “Adverse weather lamp” has the meaning provided in s. 340.01 (1m), Stats.

Trans 305.05(2)(2) “Air pollution control equipment” has the meaning provided in s. 285.30 (6), Stats.

Trans 305.05(3)(3) “Auxiliary lamp” means any lamp mounted on a vehicle with a bulb having wattage in excess of 10 watts and which is not required equipment under ch. 347, Stats., or this chapter, except a spot lamp. Auxiliary lamps may include adverse weather lamps, fog lamps, driving lamps and off-road lamps.

Trans 305.05(4)(4) “Back-up lamp” means any lamp designed to provide road illumination to the rear of a vehicle when the vehicle is in reverse gear.

Trans 305.05(5)(5) “Braking system” means the components required to stop a motor vehicle including the braking pedal, master cylinder, connecting hoses, lines, fluids, linkage, drums, shoes, rotors, pads, calipers and parking brake.

Trans 305.05(6)(6) “Bumper” means a device mounted at the front or rear of a vehicle for absorbing shock and providing a contact point that may reduce damage to the vehicle in a collision.

Trans 305.05(7)(7) “Designated seating position” has the meaning provided in 49 CFR 571.3.

Trans 305.05(7m)(7m) “Door handle” means a device including a knob, latch release or lever that is used to open or close, or both, a door either from the interior or exterior of a vehicle.

Trans 305.05(8)(8) “Driver’s compartment” means the interior part of the vehicle designed for use by the vehicle operator while controlling the movement of the vehicle.

Trans 305.05(9)(9) “Driving lamp” means an auxiliary lamp which projects a fixed narrow beam of light intended to illuminate objects beyond the normal distance illuminated by headlamps.

Trans 305.05(10)(10) “Exhaust system” means all components used on a motor vehicle for discharging exhaust fumes including mufflers.

Trans 305.05(11)(11) “Federal clean air act” has the meaning provided in s. 285.30 (1) (a), Stats.

Trans 305.05(12)(12) “Fender” means a guard or covering over the wheels of a vehicle to prevent the splashing of water, mud or other materials which may be thrown by the wheels.

Trans 305.05(13)(13) “Firewall” means that portion of the vehicle separating the passenger compartment from the engine compartment.

Trans 305.05(14)(14) “Floor pan” means that portion of a vehicle separating the passenger and trunk compartments from the road beneath a vehicle.

Trans 305.05(15)(15) “Fog lamp” means an auxiliary lamp using a fluted lens which projects a wide-angle beam of light intended to illuminate objects 400 to 700 feet in front of a vehicle. This lamp is also referred to as an adverse weather lamp.

Trans 305.05(16)(16) “Frame” means the structure which supports the body, drive train, steering mechanism and axles of the vehicle. The frame includes the structural components of unibodies and may include chassis components if they are an integral part of the structural integrity of the vehicle.

Trans 305.05(17)(17) “Fuel system” includes the fuel tank, cap, filler pipe, pump, carburetor, injector systems and all accompanying components.