Chapter Trans 305

Trans 305.19 Note Note: The vehicles to which this section applies include a vehicle designed to transport at least 6, but not more than 14, passengers in addition to the driver and commonly called a “van.” In Wisconsin, a van is registered as an automobile if it is primarily used for the transportation of persons; a van is registered as a truck if it is primarily used for the transportation of property.

Trans 305.19 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (1) and (2) (b), Register, October, 1997, No. 502, eff. 11-1-97; CR 01-120: renum. (4) to be (5) and am., cr. (4) and (6) Register May 2002 No. 557, eff. 6-1-02.

Trans 305.20 Trans 305.20 Exhaust and air pollution control systems.

Trans 305.20(1) (1) The exhaust system on every motor vehicle shall be maintained in proper working condition and in conformity with this section and s. 347.39, Stats.

Trans 305.20(2) (2) Piping used in exhaust systems shall be of the rigid type. Convoluted pipe meets this requirement, but flexible tubing may not be used in the exhaust system.

Trans 305.20(3) (3) Every exhaust system located so as to be hazardous to a person outside the vehicle or to a person entering or leaving a vehicle shall be protected in order to prevent such person from being burned or otherwise injured. The exhaust system location shall be considered hazardous if it extends beyond the body line for those systems where the exhaust pipes are on or extend to the side of the vehicle. A system where the exhaust pipes extend upward along the side or rear of the body shall also be protected in order to prevent persons from being burned or otherwise injured.

Trans 305.20(4) (4) The muffler and all parts of the exhaust system shall be functioning and may not be repaired by an inadequate patch or improperly discharge fumes.

Trans 305.20(5) (5) The tail pipe shall extend to the outside body line of the vehicle, except that light trucks may have the exhaust outlet extend only to the rear of the vehicle cab if the cargo area is not enclosed and used for passenger transportation.

Trans 305.20(6) (6) The exhaust system may not be modified so as to pass through the passenger compartment.

Trans 305.20(7) (7) All air pollution control equipment required by the federal clean air act and its implementing regulations shall remain installed or be replaced with identical or comparable tested parts. Air pollution control equipment originally installed by the manufacturer or identical or comparable tested replacement equipment may not be removed, disconnected or physically altered to be ineffective.

Trans 305.20(8) (8) All air pollution control equipment required under sub. (7) shall be maintained in proper working condition and in conformity with s. 285.30 (6), Stats., and ch. Trans 131.

Trans 305.20 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (6) and (8), Register, October, 1997, No. 502, eff. 11-1-97.

Trans 305.21 Trans 305.21 Floor pan and firewall.

Trans 305.21(1) (1) The floor pan of every motor vehicle shall be maintained in good condition and in conformity with this section.

Trans 305.21(2) (2) The floor pan shall be free of rusted areas or holes which may allow entry of exhaust gases or would not adequately support vehicle occupants or cargo.

Trans 305.21(3) (3) No motor vehicle body may be raised above the frame more than 4 inches beyond the original manufacturer’s specifications. In the absence of such specifications, and on homemade and reconstructed vehicles, no body may be mounted with the floor pan more than 4 inches above the frame.

Trans 305.21(4) (4) The firewall shall be maintained free of any holes. Any mechanisms, cables or wires routed through the firewall shall be properly sealed to prevent the entry of exhaust gases into the passenger compartment.

Trans 305.21 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.22 Trans 305.22 Fenders and projecting parts.

Trans 305.22(1) (1) Every motor vehicle originally manufactured after January 1, 1950, every homemade vehicle registered after January 1, 1975, and every vehicle registered as a reconstructed vehicle after March 1, 1996 shall be equipped with adequate fenders covering the front and rear tires to prevent splashing of water and throwing of gravel, stones or other objects.

Trans 305.22(2) (2) All fenders shall be free of severely rusted or damaged material which may cause injury or cause the fenders to be ineffective. All required fenders shall be of sufficient width and length to cover the tire tread from 15 degrees to the front to 60 degrees to the rear when measured at the center of the axle, to the top of the tire, on a vertical plane.

Trans 305.22(3) (3) All fenders shall be securely mounted.

Trans 305.22(4) (4) Fenders may be extended up to 4 inches beyond the original fender line or the manufacturer’s optional equipment fender flare line in order to cover tires that also extend beyond the original fender or flare line.

Trans 305.22(5) (5) No part of the vehicle or any vehicle accessory shall project away from the vehicle in a hazardous manner.

Trans 305.22 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; correction of transcription error in (2) Register December 2010 No. 660.

Trans 305.23 Trans 305.23 Frames.

Trans 305.23(1) (1) The frame on every motor vehicle shall be maintained in proper condition and in conformity with this section.

Trans 305.23(2) (2) Repairs, modifications or additional frame support are acceptable if they do not reduce the structural integrity or affect the alignment of the vehicle. Braze type welding may not be used on any repairs made to the frame.

Trans 305.23(3) (3) The frame may not be rusted or twisted to the extent that it no longer properly supports the vehicle or no longer provides the structural integrity necessary for correct alignment or safety.

Trans 305.23(4) (4) The vehicle may not be noticeably out of wheel alignment due to inadequate or improper repair or modification of the frame.

Trans 305.23(5) (5) No part of the frame may be missing due to excessive rust or uncorrected damage.

Trans 305.23 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (4), Register, October, 1997, No. 502, eff. 11-1-97.

Trans 305.24 Trans 305.24 Fuel systems.

Trans 305.24(1) (1) The fuel system of every motor vehicle shall be in proper working condition and in conformity with this section.

Trans 305.24(2) (2) The fuel system shall be free of any leaks.

Trans 305.24(3) (3) The fuel tank shall be closed with a fitted metal or plastic cap and shall be rigidly attached to the vehicle.

Trans 305.24(4) (4) No fuel tank may be located in the passenger compartment of a motor vehicle unless it was installed by a motor vehicle manufacturer licensed under ss. 218.0101 to 218.0163, Stats., or is a replacement of such a tank.

Trans 305.24(5) (5) Replacement, auxiliary and alternate fuel tanks may be installed by the owner of the vehicle or by a person in the business of fuel system installation. All fuel tanks shall meet or exceed industry standards for commercially manufactured fuel tanks which are certified for use in the type of vehicle in which the fuel tank is installed and for use with the type of fuel the tank is intended to contain. All installations shall be in accordance with commercially acceptable practices.

Trans 305.24 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; r. (5), renum. (6) to be (5) and am., Register, October, 1997, No. 502, eff. 11-1-97; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register May 2002 No. 557.

Trans 305.25 Trans 305.25 Horn.

Trans 305.25(1) (1) The horn of every motor vehicle shall be maintained in proper working condition and in conformity with this section and s. 347.38, Stats.

Trans 305.25(2) (2) The horn wiring and connections shall be maintained in good condition.

Trans 305.25(3) (3) The horn shall be securely fastened to the vehicle.

Trans 305.25(4) (4) Every motor vehicle shall be equipped with a bar, button, ring or other actuation device for making electrical connection. The device shall be easily reached from the driver’s seat while the driver is secured by a safety belt. A hand-activated horn utilizing an air bulb does not meet the requirements of this section.

Trans 305.25 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.26 Trans 305.26 Mirrors.

Trans 305.26(1) (1) All motor vehicles originally manufactured with an inside mounted rearview mirror and all homemade and reconstructed motor vehicles registered after January 1, 1975, shall be equipped with an inside mounted rearview mirror. All motor vehicles originally manufactured with a left outside rearview mirror and all homemade and reconstructed motor vehicles registered after January 1, 1975, shall be equipped with a left outside rearview mirror.

Trans 305.26(2) (2) The mirrors of every motor vehicle shall be maintained in proper working condition and in conformity with this section and s. 347.40, Stats.

Trans 305.26(3) (3) No mirror may be broken, cracked, discolored, non-reflective or otherwise reflect an inadequate image. All mirrors shall be securely mounted on the vehicle.

Trans 305.26(4) (4) If the vehicle is constructed, loaded, or towing another vehicle so as to prevent the operator’s clear view to the right rear, adequate additional mirrors shall be installed on both sides of the outside of the vehicle.

Trans 305.26 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.27 Trans 305.27 Restraining devices and seats.

Trans 305.27(1) (1) All automobiles manufactured on or after January 1, 1972, shall have safety belts installed at all designated seating positions which meet the specifications of the safety belt system with which the vehicle was originally manufactured. All light trucks and motor homes manufactured after January 1, 1976, shall have safety belts installed at all designated seating positions which meet the specifications of the safety belt system with which the vehicle was originally manufactured. All homemade and reconstructed motor vehicles registered on or after January 1, 1975, shall have safety belts installed at all designated seating positions.

Trans 305.27(2) (2) All automobiles manufactured after January 1, 1969, and all light trucks and motor homes manufactured after September 1, 1991, shall be equipped with head restraints meeting the specifications of the head restraints with which the vehicle was originally manufactured. All homemade and reconstructed vehicles registered after January 1, 1975, shall be equipped with head restraints for the left and right front seating positions which meet the specifications of head restraints installed in vehicles manufactured in the year in which the homemade or reconstructed vehicle is first registered.

Trans 305.27(3) (3) 

Trans 305.27(3)(a) (a) Except as provided in par. (b), the restraining devices, including air bags, of every motor vehicle shall be maintained in proper working condition and in conformity with this section and s. 347.48, Stats. All required and optional restraining devices, including air bags, shall remain installed or be replaced by like equipment. All air bags that have been deployed shall be replaced with a comparable functioning air bag system.

Trans 305.27(3)(b) (b) Front passenger side and driver side airbags may be deactivated by use of a manual cutoff switch installed in accordance with federal law or by any other means expressly permitted by federal law or when deactivation has been approved in writing by the United States department of transportation. Front passenger side airbags may be deactivated through use of a rear-facing child restraint system which automatically deactivates the airbag for the period of time in which the child seat is placed in the front passenger seat.

Trans 305.27 Note Note: For regulations relating to deactivation of front passenger side or driver side airbags, see 49 CFR Part 571.208 and 49 CFR Part 595.

Trans 305.27(4) (4) All safety belts shall be free of excessive fraying and be securely mounted to the motor vehicle.

Trans 305.27(5) (5) The seat and seat mechanisms of every motor vehicle shall be in proper working condition. All seats shall be securely fastened to the motor vehicle.

Trans 305.27 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; renum. (3) to be (3) (a) and am., cr. (3) (b), Register, October, 1997, No. 502, eff. 11-1-97; am. (3) (a), Register, April, 1999, No. 520, eff. 5-1-99.

Trans 305.28 Trans 305.28 Speed indicator and odometer.

Trans 305.28(1) (1) The speed indicator of every motor vehicle primarily designed for use upon a highway shall be maintained in proper working condition within 4% accuracy at all speeds between 40 miles per hour and 65 miles per hour and in conformity with this section and s. 347.41, Stats.

Trans 305.28(2) (2) All speed indicators shall be equipped with a lamp that clearly illuminates the speed indicator when the vehicle’s headlights or parking lamps are actuated.

Trans 305.28(3) (3) Every motor vehicle subject to registration under ch. 341, Stats., shall be equipped with a mileage odometer that registers the miles accumulated within 4% accuracy. The odometer shall be maintained in proper working condition.

Trans 305.28(4) (4) Every speed indicator and odometer shall be so mounted and positioned as to be clearly visible to the driver at all times.

Trans 305.28 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96.

Trans 305.29 Trans 305.29 Steering and suspension.

Trans 305.29(1) (1) The steering and suspension of every motor vehicle shall be maintained in proper working condition and in conformity with this section and s. 347.455, Stats.

Trans 305.29(2) (2) The steering linkage may not be worn, jammed or bind, nor shall the steering system have excessive lash. Lash of more than 1/8 of one complete turn of the steering wheel is excessive.

Trans 305.29(3) (3) The belts assisting the power steering unit shall be in proper working condition and may not be missing, loose, or excessively frayed or cracked.

Trans 305.29(4) (4) The power steering unit shall be in proper working condition. No portion of a power steering unit or steering linkage may be disconnected. The power steering unit shall contain the proper fluid levels. All hoses and connections shall be in proper working condition and will have no leaks or visible cuts or cracks.

Trans 305.29(5) (5) 

Trans 305.29(5)(a) (a) Every motor vehicle shall be equipped with a steering wheel the same size as the one with which the vehicle was manufactured or a replacement not less than 13 inches in diameter. Every homemade and reconstructed vehicle registered after January 1, 1975, shall have a steering wheel of not less than 13 inches in diameter.

Trans 305.29(5)(b) (b) All steering wheels shall be in proper working condition. The steering wheel shall be secured to the steering shaft by a locking device which prevents accidental removal. All steering wheels will be positioned to be operated with the driver seated in the front seat.

Trans 305.29(6) (6) All springs, shackles and cross stabilization linkage, including torsion bars, shall be in proper adjustment and may not be loose, disconnected or broken.

Trans 305.29(7) (7) 

Trans 305.29(7)(a) (a) Every motor vehicle originally manufactured with shock absorbing devices and every homemade and reconstructed vehicle registered on or after January 1, 1975, shall have shock absorbing devices which function at suspension points.

Trans 305.29(7)(b) (b) All shock absorbing devices shall be in proper and effective working condition, free of leaks, and securely attached to the unit mountings. The mountings and housings may not be loose or weakened. Shock absorbing devices are ineffective when the vehicle continues a free rocking motion for more than 2 cycles. The inspection procedure for shock absorbing devices is as follows: With the vehicle on a level surface, push down on one corner of the vehicle and release. Note the number of cycles of free rocking motion. Repeat the procedure at the other corners of the vehicle.

Trans 305.29(8) (8) Extended shackles in excess of 2 inches beyond original manufacturer’s specifications is an unsafe modification and may not be used. Extended shackles up to 2 inches shall provide the same level of support and stability as provided by original equipment.

Trans 305.29(9) (9) No vehicle may be operated noticeably out of alignment.

Trans 305.29 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (2), (6) and (7) (b), Register, October, 1997, No. 502, eff. 11-1-97.

Trans 305.30 Trans 305.30 Tires and rims.

Trans 305.30(1) (1) The tires and rims on every vehicle shall be maintained in proper condition and in conformity with this section and s. 347.45, Stats.

Trans 305.30(2) (2) Every tire shall have at least 2/32 inch tread depth in every major tire groove measured at 2 points no less than 15 inches apart.

Trans 305.30(3) (3) The tires on any vehicle required to have fenders may not protrude more than 2 inches beyond the fender line at the highest point of the tire. The measurement shall be from the original fender line of the vehicle as equipped by the original manufacturer.

Trans 305.30(4) (4) Weight imposed on the tires or rims may not exceed that weight which is specified by the manufacturer of the tires or rims.

Trans 305.30(5) (5) No vehicle may have tires of different size or construction on the same axle, or directly across from each other on vehicles without a common axle, except that this subsection does not prohibit the use of mini spare tires temporarily used in accordance with manufacturer’s specifications or other spare tires and rims that are temporarily used.

Example: Mounting a radial tire on the left front side and a bias ply tire on the right front side of an automobile is prohibited.