ZDW:ahe

2019 - 2020 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 86

May 21, 2019 - Offered by Senator Jacque.

SB86-SSA1,1,11 An Act to repeal 340.01 (32) (a), 340.01 (32) (b) and 990.01 (43r); to renumber and amend 340.01 (32) (intro.) and 990.01 (43m); to amend 20.395 (5) (dr), 20.395 (5) (eh), 85.30, 340.01 (29m) (am) 2., 340.01 (38m) (a) 1., 341.10 (6), 343.03 (3) (a), 343.04 (1) (e), 343.05 (3) (b), 343.07 (1g) (intro.), 343.07 (4) (title) and (a), 343.07 (4) (b), 343.08 (1) (a), 343.08 (2) (a), 343.16 (1) (d) 1., 343.16 (2) (b), 343.17 (3) (c) 5., 343.32 (4), 346.54 (1) (cm), 346.595 (1), 346.595 (3), 346.595 (3m), 347.09 (1) (b), 347.15 (1), 347.35 (1a), 347.42, 347.485 (title) and (1), 347.485 (2) (c), 347.485 (3), 347.485 (4), 347.486 (1), 347.486 (2), 347.487 and 349.13 (6); and to create 218.0101 (2), 218.0114 (1m), 340.01 (3m) and 341.25 (1) (bg) of the statutes; relating to: registration and operation of vehicles defined as autocycles.

Analysis by the Legislative Reference Bureau

This bill creates a definition of an autocycle, which is a three-wheeled motor vehicle with operation controls similar to an automobile.

Under current law, there are two types of motorcycles. A “Type 1 motorcycle" is a motor vehicle which has either two wheels in tandem and a seat for the operator or three wheels and unenclosed seating for the operator and passengers. A “Type 2 motorcycle" is a motor vehicle with at least three wheels and an enclosed space for the operator and passengers. The bill eliminates the Type 1 and Type 2 motorcycle definitions and defines “motorcycle” as a motor vehicle originally manufactured with motive power, a seat or saddle requiring the rider to sit astride, not more than three wheels in contact with the ground, steering controlled by handlebars, and acceleration and braking controlled with handlebar and foot controls and that is capable of speeds in excess of 30 miles per hour.

The bill defines “autocycle” to mean a motor vehicle that has three wheels in contact with the ground, is designed with seating that does not require operators or any occupants to straddle or sit astride it, has a steering wheel, and is originally manufactured to meet federal motor vehicle safety standards for motorcycles. Under current law, no motor vehicle dealer may engage in business as a motor vehicle dealer without the appropriate dealership license. The bill provides that a motor vehicle dealer currently engaged in the sale of autocycles may continue selling autocycles without having to acquire a different type of dealership license.

Under current law, a motor vehicle may not be operated upon a highway in this state without a current, valid registration. Generally, the fee for registering an automobile with the Department of Transportation is $75 annually. The fee for registering a motorcycle is $23 biennially. Under this bill, the fee for registering an autocycle is $45 annually.

Under current law, no person may operate a motor vehicle upon a highway in this state unless the person possesses a valid operator's license. Additional endorsements are required for the operation of certain vehicles, including motorcycles. This bill classifies autocycles as “Class D" vehicles, which means they may be operated with the regular license issued by DOT without the need for additional endorsements.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB86-SSA1,1 Section 1. 20.395 (5) (dr) of the statutes is amended to read:

SB86-SSA1,2,4 20.395 (5) (dr) Transportation safety, state funds. The amounts in the schedule for activities related to highway safety under s. 85.07 and the Type 1 motorcycle, moped, and motor bicycle safety program under s. 85.30.

SB86-SSA1,2 Section 2. 20.395 (5) (eh) of the statutes is amended to read:

SB86-SSA1,3,6 20.395 (5) (eh) Motorcycle safety program supplement, state funds. From the general fund, all moneys received under s. 341.14 (6r) (b) 14m., for activities under the Type 1 motorcycle, moped, and motor bicycle safety program under s. 85.30 limited to evaluation of basic rider education courses, conducting public workshops, rallies, and programs related to Type 1 motorcycle safety and training, and making grants for providing motorcycle riding courses.

SB86-SSA1,3 Section 3. 85.30 of the statutes is amended to read:

SB86-SSA1,3,16 85.30 Type 1 motorcycle Motorcycle, moped and motor bicycle safety program. The department shall develop and administer a Type 1 motorcycle, moped and motor bicycle safety program. The program shall include operational skills training, safety education and public awareness and such other elements as the department deems desirable. The safety education program for Type 1 motorcycles shall include instruction as to the proper eye protection to be worn during hours of darkness. The department may make grants under this program for establishment of courses which further the aims of this program. The department shall adopt rules to implement this section.

SB86-SSA1,4 Section 4 . 218.0101 (2) of the statutes is created to read: