2019 - 2020 LEGISLATURE

2019 Assembly BILL 78

March 15, 2019 - Introduced by Representatives Knodl, Brandtjen, Brooks, Edming, Felzkowski, Gundrum, Horlacher, Kerkman, Kuglitsch, Kulp, Kurtz, Mursau, Novak, Oldenburg, Petryk, Plumer, Pronschinske, Ramthun, Rodriguez, Rohrkaste, Shankland, Tittl, Tranel, Tusler, VanderMeer and Wichgers, cosponsored by Senators Jacque, Marklein, Schachtner, Stroebel and Kapenga. Referred to Committee on Transportation.

AB78,1,11 An Act to repeal 340.01 (32) (a) (intro.); to renumber 340.01 (32) (a) 1., 340.01 (32) (a) 2. and 340.01 (32) (b); to renumber and amend 990.01 (43m); to amend 20.395 (5) (dr), 20.395 (5) (eh), 85.30, 340.01 (29m) (am) 2., 340.01 (32) (intro.), 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 990.01 (43r); and to create 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. This bill eliminates the definition for the Type 2 motorcycle and creates a definition for an autocycle. A “Type 1 autocycle" is defined as a motor vehicle, excluding a tractor, an all-terrain vehicle, or a utility terrain vehicle, that is designed and built to have a steering wheel, foot-operated pedals for controlling acceleration and braking, and at least three wheels in contact with the ground. A “Type 2 autocycle” is a vehicle meeting the current definition of a Type 2 motorcycle.

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.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB78,1 Section 1. 20.395 (5) (dr) of the statutes is amended to read:

AB78,2,4 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.

AB78,2 Section 2. 20.395 (5) (eh) of the statutes is amended to read:

AB78,3,2 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.

AB78,3 Section 3. 85.30 of the statutes is amended to read:

AB78,3,12 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.

AB78,4 Section 4. 340.01 (3m) of the statutes is created to read:

AB78,3,18 340.01 (3m) “Autocycle" means a motor vehicle, excluding a tractor, an all-terrain vehicle, or a utility terrain vehicle, that is capable of speeds in excess of 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, with a power source as an integral part of the vehicle, and that meets either of the following conditions:

AB78,3,21 (a) Type 1 is a motor vehicle designed and built to have at least 3 wheels in contact with the ground, seating for the operator and one passenger, a steering wheel, and foot-operated pedals for controlling acceleration and braking.