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23.33(4p)(c)3. 3. `Compliance with request.' A test facility shall comply with a request under this paragraph to administer any chemical test it is able to perform.
23.33(4p)(c)4. 4. `Inability to obtain chemical test.' The failure or inability of a person to obtain a chemical test at his or her own expense does not preclude the admission of evidence of the results of a chemical test required and administered under pars. (a) and (b).
23.33(4p)(d) (d) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under par. (a), (b) or (c) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.
23.33(4p)(e) (e) Refusal. No person may refuse a lawful request to provide one or more samples of his or her breath, blood or urine or to submit to one or more chemical tests under par. (a). A person shall not be deemed to refuse to provide a sample or to submit to a chemical test if it is shown by a preponderance of the evidence that the refusal was due to a physical inability to provide the sample or to submit to the test due to a physical disability or disease unrelated to the use of an intoxicant. Issues in any action concerning violation of par. (a) or this paragraph are limited to:
23.33(4p)(e)1. 1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law.
23.33(4p)(e)2. 2. Whether the person was lawfully placed under arrest for violating the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law.
23.33(4p)(e)3. 3. Whether the law enforcement officer requested the person to provide a sample or to submit to a chemical test and provided the information required under par. (a) 2. or whether the request and information was unnecessary under par. (a) 3.
23.33(4p)(e)4. 4. Whether the person refused to provide a sample or to submit to a chemical test.
23.33(4t) (4t) Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.
23.33(4x) (4x) Officer's action after arrest for operating an all-terrain vehicle or utility terrain vehicle while under influence of intoxicant. A person arrested for a violation of sub. (4c) (a) 1. or 2. or a local ordinance in conformity therewith or sub. (4c) (b) 1. or 2. may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under sub. (4p) (a) 1. shows that the person has an alcohol concentration of 0.05 or less, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.
23.33(4z) (4z) Public education program.
23.33(4z)(a)(a) The department shall promulgate rules to provide for a public education program to:
23.33(4z)(a)1. 1. Inform all-terrain vehicle and utility terrain vehicle operators of the prohibitions and penalties included in the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law.
23.33(4z)(a)2. 2. Provide for the development of signs briefly explaining the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law.
23.33(4z)(a)3. 3. Provide for the development of safety information signs.
23.33(4z)(b) (b) The department shall develop and issue an educational pamphlet on the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law to be distributed, beginning in 1989, to persons issued all-terrain vehicle or utility terrain vehicle registration certificates under subs. (2) and (2g).
23.33(5) (5) Age restrictions; safety certification program.
23.33(5)(a) (a) All-terrain vehicles; age restriction.
23.33(5)(a)1. 1. Subject to subds. 2. to 5., no person under 12 years of age may operate an all-terrain vehicle unless any of the following applies:
23.33(5)(a)1.a. a. He or she is operating the all-terrain vehicle for an agricultural purpose and he or she is under the supervision of a person over 18 years of age. For purposes of this subd. 1. a., supervision does not require that the person under 12 years of age be subject to continuous direction or control by the person over 18 years of age.
23.33(5)(a)1.b. b. He or she is operating a small all-terrain vehicle on an all-terrain vehicle trail designated by the department and he or she is accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.
23.33(5)(a)2. 2. No person who is under 12 years of age may operate an all-terrain vehicle that is an implement of husbandry on a roadway under any circumstances.
23.33(5)(a)3. 3. No person who is under 12 years of age may operate an all-terrain vehicle on a roadway under the authorization provided under sub. (4) (d) 6. under any circumstances.
23.33(5)(a)4. 4. No person who is under 16 years of age may operate an all-terrain vehicle under the authority provided under sub. (4) (d) 4. or 7. unless the person is accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.
23.33(5)(a)5. 5. No person who is under 16 years of age may operate an all-terrain vehicle under the authorization provided under sub. (4) (f) under any circumstances.
23.33(5)(a)6. 6. No person who is under 12 years of age may rent or lease an all-terrain vehicle.
23.33(5)(am) (am) Utility terrain vehicles; age restriction.
23.33(5)(am)1.1. No person under 16 years of age may operate, rent, or lease a utility terrain vehicle unless any of the following apply:
23.33(5)(am)1.a. a. He or she is operating the utility terrain vehicle for an agricultural purpose and he or she is under the supervision of a person over 18 years of age. For purposes of this subd. 1. a., supervision does not require that the person under 16 years of age be subject to continuous direction or control by the person over 18 years of age.
23.33(5)(am)1.b. b. He or she is at least 12 years of age, is operating a small utility terrain vehicle on an all-terrain vehicle trail designated by the department and he or she is accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.
23.33(5)(am)3. 3. Except as provided in par. (4) (d) 1., 2., and 3. a., no person who is under 16 years of age may operate a utility terrain vehicle on a roadway.
23.33(5)(b) (b) Safety certificate.
23.33(5)(b)1.1. No person who is at least 12 years of age and who is born on or after January 1, 1988, may operate an all-terrain vehicle unless he or she holds a valid safety certificate issued by the department, another state, or a province of Canada.
23.33(5)(b)1m. 1m. No person who is at least 12 years of age and who is born on or after January 1, 1988, may operate a utility terrain vehicle unless he or she holds a valid safety certificate issued by the department, another state, or a province of Canada.
23.33(5)(b)2. 2. Any person who is required to hold an all-terrain vehicle or utility terrain vehicle safety certificate while operating an all-terrain vehicle or utility terrain vehicle shall carry proof that the person holds a valid safety certificate and shall display this proof to a law enforcement officer on request.
23.33(5)(b)3. 3. Persons enrolled in a safety certification program approved by the department may operate an all-terrain vehicle or utility terrain vehicle in an area designated by the instructor.
23.33(5)(c) (c) Exceptions.
23.33(5)(c)1.1. In this paragraph, “ land on which operation is authorized" means land under the management and control of a person who consents to the operation of an all-terrain vehicle or utility terrain vehicle on the land.
23.33(5)(c)2. 2. Paragraphs (a), (am), and (b) do not apply to a person who operates an all-terrain vehicle or utility terrain vehicle exclusively on land that is either of the following:
23.33(5)(c)2.a. a. Land under the management and control of the person's immediate family.
23.33(5)(c)2.b. b. Land, other than land described under subd. 2. a., on which operation is authorized.
23.33(5)(c)3. 3. A person who operates an all-terrain vehicle or utility terrain vehicle on land on which operation is authorized qualifies for the exception under subd. 2. b. only if the person is under 12 years of age and operates the all-terrain vehicle or utility terrain vehicle when accompanied by his or her parent or guardian or by a person who is at least 18 years of age who is designated by the parent or guardian.
23.33(5)(c)4. 4. Notwithstanding the safety certificate requirements under par. (b), a person is not required to hold a safety certificate if all of the following apply:
23.33(5)(c)4.a. a. The person operates an all-terrain vehicle or utility terrain vehicle at an all-terrain vehicle or utility terrain vehicle demonstration event.
23.33(5)(c)4.b. b. The event under subd. 4. a. is sponsored by an all-terrain vehicle dealer, a utility terrain vehicle dealer, an all-terrain vehicle club, a utility terrain vehicle club, this state, a city, a village, a town, or a county.
23.33(5)(c)4.c. c. If the person is under 18 years of age, the person is accompanied by his or her parent or guardian or is accompanied by a person over 18 years of age who is designated by the parent or guardian.
23.33(5)(c)4.d. d. Notwithstanding sub. (3g) (a), the person wears protective headgear of the type required under s. 347.485 (1).
23.33(5)(c)4.e. e. The person operates the all-terrain vehicle or utility terrain vehicle in a closed-course area in the manner prescribed by the event sponsor.
23.33(5)(d) (d) Safety certification program established. The department shall establish or supervise the establishment of a program of instruction on all-terrain vehicle and utility terrain vehicle laws, including the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law, regulations, safety and related subjects. The department shall establish by rule an instruction fee for this program. The department shall issue certificates to persons successfully completing the program. An instructor conducting the program of instruction under this paragraph shall collect the fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50 percent, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.
23.33(5m) (5m) Safety enhancement program.
23.33(5m)(a)(a) The department shall establish a program to provide funding to organizations that meet the eligibility requirements under par. (b).
23.33(5m)(b) (b) To be eligible for funding under this subsection, an organization shall meet all of the following requirements:
23.33(5m)(b)1. 1. The organization is a nonstock corporation organized in this state.
23.33(5m)(b)2. 2. The organization promotes the operation of all-terrain vehicles and utility terrain vehicles in a manner that is safe and responsible and that does not harm the environment.
23.33(5m)(b)3. 3. The organization promotes the operation of all-terrain vehicles and utility terrain vehicles in a manner that does not conflict with the laws, rules, and departmental policies that relate to the operation of all-terrain vehicles or utility terrain vehicles.
23.33(5m)(b)4. 4. The interest of the organization is the recreational operation of all-terrain vehicles and utility terrain vehicles on all-terrain vehicle trails and other interconnected areas.
23.33(5m)(b)5. 5. The organization has a board of directors that has a majority of members who are representatives of all-terrain vehicle or utility terrain vehicle clubs.
23.33(5m)(b)6. 6. The organization provides support to all-terrain vehicle and utility terrain vehicle clubs.
23.33(5m)(c) (c) An organization receiving funding under this subsection shall use the moneys to promote and provide support to the program established under sub. (5) by conducting activities that include all of the following:
23.33(5m)(c)1. 1. Collecting data on the recreational operation of all-terrain vehicles and utility terrain vehicles.
23.33(5m)(c)2. 2. Providing assistance to the department in locating, recruiting, and training instructors for the program established under sub. (5) (d).
23.33(5m)(c)3. 3. Attempting to increase participation by current and future all-terrain vehicle and utility terrain vehicle operators and owners in the program established under sub. (5) (d).
23.33(5m)(c)4. 4. Assisting the department of natural resources and the department of tourism in creating an outreach program to inform local communities of appropriate all-terrain vehicle and utility terrain vehicle use in their communities and of the economic benefits that may be gained from promoting tourism to attract all-terrain vehicle and utility terrain vehicle operators.
23.33(5m)(c)5. 5. Attempting to improve and maintain its relationship with the department of natural resources, the department of tourism, all-terrain vehicle and utility terrain vehicle dealers, all-terrain vehicle and utility terrain vehicle manufacturers, off-highway motorcycle clubs, as defined in s. 23.335 (1) (r), off-highway motorcycle alliances, other organizations that promote the recreational operation of off-highway motorcycles, snowmobile clubs, as defined in s. 350.138 (1) (e), snowmobile alliances, as defined in s. 350.138 (1) (d), and other organizations that promote the recreational operation of snowmobiles.
23.33(5m)(c)6. 6. Recruiting, assisting in the training of, and providing support to a corps of volunteers that will assist in providing instruction on the safe and responsible operation of all-terrain vehicles and utility terrain vehicles that is given in the field to all-terrain vehicle and utility terrain vehicle operators.
23.33(5m)(c)7. 7. Cooperating with the department to recruit, train, and manage volunteer trail patrol ambassadors in monitoring the recreational operation of all-terrain vehicles and utility terrain vehicles for safety issues and other issues that relate to the responsible operation of all-terrain vehicles and utility terrain vehicles.
23.33(5m)(d) (d) The department shall provide funding under this subsection from the appropriation under s. 20.370 (5) (cx).
23.33(5m)(e) (e) The department shall annually determine the amount necessary to provide funding under this subsection. The amount shall be the greater of $297,000 or the amount calculated by multiplying 80 cents by the number of all-terrain vehicles and utility terrain vehicles registered as of the last day of February of the previous fiscal year.
23.33(6) (6) Equipment requirements.
23.33(6)(a)(a) A person who operates an all-terrain vehicle or utility terrain vehicle is required to display a lighted headlamp and tail lamp on the all-terrain vehicle or utility terrain vehicle.
23.33(6)(b) (b) The headlamp on an all-terrain vehicle or utility terrain vehicle is required to display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle or utility terrain vehicle.
23.33(6)(c) (c) The tail lamp on an all-terrain vehicle or utility terrain vehicle is required to display a red light plainly visible during hours of darkness from a distance of 500 feet to the rear.
23.33(6)(cd) (cd) Except as provided in sub. (11m), no person may operate an all-terrain vehicle or utility terrain vehicle that is equipped with any of the following:
23.33(6)(cd)1. 1. A lamp that emits any color of light other than white or amber and that is visible from directly in front of the all-terrain vehicle or utility terrain vehicle.
23.33(6)(cd)2. 2. A lamp that emits any color of light other than red, yellow, amber, or white and that is visible from directly behind the all-terrain vehicle or utility terrain vehicle.
23.33(6)(cd)3. 3. A flashing, oscillating, or rotating lamp that emits any color other than yellow or amber.
23.33(6)(ch) (ch) Except as provided in sub. (11m), if an all-terrain vehicle or utility terrain vehicle with headlamps is equipped with additional adverse weather lamps, spot lamps, auxiliary lamps, or any other lamp on the front of the all-terrain vehicle or utility terrain vehicle that is capable of projecting a beam of intensity of more than 300 candlepower, the operator of the all-terrain vehicle or utility terrain vehicle may not light more than 4 lamps on the front of the all-terrain vehicle or utility terrain vehicle simultaneously, not including flashing amber or yellow lights, within 500 feet of an oncoming all-terrain vehicle, utility terrain vehicle, or other vehicle upon a roadway, all-terrain vehicle route, all-terrain vehicle trail, or public area.
23.33(6)(cp) (cp) Except as provided in sub. (11m), when the operator of an all-terrain vehicle or utility terrain vehicle equipped with multiple-beam headlamps, adverse weather lamps, spot lamps, auxiliary lamps, high-beam lamps, or any other lamps other than those required by this subsection approaches an oncoming all-terrain vehicle, utility terrain vehicle, or other vehicle within 500 feet or approaches or follows an all-terrain vehicle, utility terrain vehicle, or other vehicle within 500 feet to the rear of that vehicle, the operator shall dim, depress, or tilt the multiple-beam headlamps, adverse weather lamps, spot lamps, auxiliary lamps, high-beam lamps, or any other lamps of the all-terrain vehicle or utility terrain vehicle so that the glaring rays are not directed or reflected into the eyes of the operator of the other vehicle, all-terrain vehicle, or utility terrain vehicle. This paragraph does not prohibit an operator from intermittently flashing the high-beam headlamps of the all-terrain vehicle or utility terrain vehicle at an oncoming all-terrain vehicle, utility terrain vehicle, or other vehicle whose high-beam headlamps are lit.
23.33(6)(ct)1.1. Any all-terrain vehicle or utility terrain vehicle may be equipped with not more than 2 backup lamps that shall be directed to project a white or amber light illuminating the area to the rear of the vehicle for a distance not to exceed 75 feet.
23.33(6)(ct)2. 2. No lighted backup lamp or white lamp visible from directly behind may be displayed on any all-terrain vehicle or utility terrain vehicle upon a highway, all-terrain vehicle route, all-terrain vehicle trail, frozen water, or public area where use of all-terrain vehicles or utility terrain vehicles is allowed except when the all-terrain vehicle or utility terrain vehicle is about to be or is being driven backward. Whenever a backup lamp on an all-terrain vehicle or utility terrain vehicle is lighted, the tail lamp or tail lamps on the all-terrain vehicle or utility terrain vehicle shall also be lighted.
23.33(6)(d) (d) Every all-terrain vehicle and utility terrain vehicle is required to be equipped with at least one brake operated either by hand or by foot.
23.33(6)(e) (e) Every all-terrain vehicle and utility terrain vehicle is required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester of a type approved by the U.S. forest service. This paragraph does not apply to an all-terrain vehicle or utility terrain vehicle that is operated exclusively by means of an electric motor.
23.33(6)(f) (f) An all-terrain vehicle or utility terrain vehicle may not be modified so that its maximum width exceeds the width allowed for a utility terrain vehicle under sub. (1) (ng) 1. h. or 2. b. or the width allowed for an all-terrain vehicle under s. 340.01 (2g). This paragraph does not apply to the operation of an all-terrain vehicle or utility terrain vehicle on private property.
23.33(6)(g) (g) An all-terrain vehicle or utility terrain vehicle may not be operated with anything other than tires. This paragraph does not apply to the operation of an all-terrain vehicle or utility terrain vehicle on private property or on frozen waters.
23.33(6)(h) (h) A person who operates an all-terrain vehicle or utility terrain vehicle with a snow removal device attached as authorized under sub. (4) (f) is required to display at least one or more flashing or rotating amber or yellow lights, and at least one of these lights shall be visible from every direction.
23.33(6)(i) (i) No person may operate a utility terrain vehicle unless each passenger is wearing a safety belt installed by the manufacturer and fastened in a manner prescribed by the manufacturer of the safety belt which permits the safety belt to act as a body restraint.
23.33(6m) (6m) Noise limits. No person may manufacture, sell, rent or operate an all-terrain vehicle or utility terrain vehicle that is constructed in such a manner that noise emitted from the vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the department.
23.33(6r) (6r) Passenger restrictions. Except as provided in sub. (11m), no person may ride in or on any part of an all-terrain vehicle or utility terrain vehicle that is not designed or intended to be used by passengers.
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2019-20 Wisconsin Statutes updated through 2021 Wis. Act 267 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 29, 2022. Published and certified under s. 35.18. Changes effective after June 29, 2022, are designated by NOTES. (Published 6-29-22)