HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 11 – VEHICLES AND TRAFFIC

SECTION 346 – RULES OF THE ROAD

ENACTED BY LEGISLATURE: 01-21-20

CITE AS: 11 HCC § 346

SUBCHAPTER I

GENERAL PROVISIONS

346.01 Words and phrases defined.

346.02 Applicability of chapter.

346.03 Applicability of rules of the road to authorized emergency vehicles.

346.04 Obedience to traffic officers, signs and signals; fleeing from officer.

SUBCHAPTER II

DRIVING, MEETING, OVERTAKING AND PASSING

346.05 Vehicles to be driven on right side of roadway; exceptions.

346.06 Meeting of vehicles.

346.07 Overtaking and passing on the left.

346.072 Passing stopped emergency vehicles, tow trucks and highway machinery equipment.

346.075 Overtaking and passing bicycles, electric personal assistive mobility devices, and motor

buses.

346.08 When overtaking and passing on the right permitted.

346.09 Limitations on overtaking on left or driving on left side of roadway.

346.10 When passing at a railroad crossing, intersection, bridge, viaduct or tunnel prohibited.

346.11 Passing or meeting frightened animal.

346.12 Driving through safety zones prohibited.

346.13 Driving on roadways laned for traffic.

346.14 Distance between vehicles.

346.15 Driving on divided highway.

346.16 Use of controlled−access highways, expressways and freeways.

346.17 Penalty for violating sections 346.04 to 346.16.

346.175 Vehicle owner’s liability for fleeing a traffic officer.

SUBCHAPTER III

RIGHT−OF−WAY

346.18 General rules of right−of−way.

346.19 What to do on approach of emergency vehicle.

346.195 Owner’s liability for vehicle failing to yield the right−of−way to an authorized emergency

vehicle.

346.20 Right−of−way of funeral processions and military convoys.

346.205 Owner’s liability for vehicle failing to yield the right−of−way to a funeral procession.

346.21 Right−of−way of livestock.

346.215 Police escorts and rights−of−way related to escorted vehicles.

346.22 Penalty for violating sections 346.18 to 346.21.

11HCC346

Page 2 of 65

SUBCHAPTER IV

RESPECTIVE RIGHTS AND DUTIES OF DRIVERS, PEDESTRIANS,

BICYCLISTS, AND RIDERS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY

DEVICES

346.23 Crossing controlled intersection or crosswalk.

346.24 Crossing at uncontrolled intersection or crosswalk.

346.25 Crossing at place other than crosswalk.

346.26 Blind pedestrian on highway.

346.27 Persons working on highway.

346.28 Pedestrians to walk on left side of highway; pedestrians, bicyclists, and riders of electric

personal assistive mobility devices on sidewalks.

346.29 When standing or loitering in roadway or highway prohibited.

346.30 Penalty for violating sections 346.23 to 346.29.

SUBCHAPTER V

TURNING AND STOPPING AND REQUIRED SIGNALS

346.31 Required position and method of turning at intersections.

346.32 Required position for turning into private road or driveway.

346.33 U−turns.

346.34 Turning movements and required signals on turning and stopping.

346.35 Method of giving signals on turning and stopping.

346.36 Penalty for violating sections 346.31 to 346.35.

SUBCHAPTER VI

TRAFFIC SIGNS, SIGNALS AND MARKINGS

346.37 Traffic−control signal legend.

346.38 Pedestrian control signals.

346.39 Flashing signals.

346.41 Display of unauthorized signs and signals prohibited.

346.42 Interference with signs and signals prohibited.

346.43 Penalty for violating sections 346.37 to 346.42.

SUBCHAPTER VII

REQUIRED STOPS

346.44 All vehicles to stop at signal indicating approach of train.

346.45 Certain vehicles to stop at railroad crossings.

346.457 Owner’s liability for vehicle illegally passing fire truck.

346.46 Vehicles to stop at stop signs and school crossings.

346.465 Owner’s liability for vehicle illegally crossing controlled school crossing.

346.47 When vehicles using alley or nonhighway access to stop.

346.475 Human service vehicles; loading or unloading children with disabilities.

346.48 Vehicles to stop for school buses displaying flashing lights.

346.485 Owner’s liability for vehicle illegally passing school bus.

346.49 Penalty for violating ss. 346.44 to 346.485.

SUBCHAPTER VIII

RESTRICTIONS ON STOPPING AND PARKING

346.50 Exceptions to stopping and parking restrictions.

346.503 Parking spaces for vehicles displaying special registration plates or special identification

cards.

11HCC346

Page 3 of 65

346.505 Stopping, standing or parking prohibited in parking spaces reserved for

vehicles displaying special registration plates or special identification cards.

346.51 Stopping, standing or parking outside of business or residence districts.

346.52 Stopping prohibited in certain specified places.

346.53 Parking prohibited in certain specified places.

346.54 How to park and stop on streets.

346.55 Other restrictions on parking and stopping.

346.56 Penalty for violating sections 346.503 to 346.55.

SUBCHAPTER IX

SPEED RESTRICTIONS

346.57 Speed restrictions.

346.58 Special speed restrictions for certain vehicles.

346.59 Minimum speed regulation.

346.595 Motorcycles and mopeds.

346.60 Penalty for violating sections 346.57 to 346.595.

SUBCHAPTER X

RECKLESS AND DRUNKEN DRIVING

346.61 Applicability of sections relating to reckless and drunken driving.

346.62 Reckless driving.

346.63 Operating under influence of intoxicant or other drug.

346.635 Report arrest or out−of−service order to department.

346.64 Employment of drunken operators.

346.65 Penalty for violating sections 346.62 to 346.64.

SUBCHAPTER XI

ACCIDENTS AND ACCIDENT REPORTS

346.66 Applicability of sections relating to accidents and accident reporting.

346.665 Definition.

346.67 Duty upon striking person or attended or occupied vehicle.

346.675 Vehicle owner’s liability for failing to stop at the scene of an accident.

346.68 Duty upon striking unattended vehicle.

346.69 Duty upon striking property on or adjacent to highway.

346.70 Duty to report accident; assistance following accident.

346.72 Garages to keep record of repairs of accident damage.

346.73 Accident reports not to be used in trial.

346.74 Penalty for violating sections 346.67 to 346.73.

SUBCHAPTER XII

BICYCLES, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, AND

PLAY VEHICLES

346.77 Responsibility of parent or guardian for violation of bicycle and play vehicle regulations.

346.78 Play vehicles not to be used on roadway.

346.79 Special rules applicable to bicycles.

346.80 Riding bicycle or electric personal assistive mobility device on roadway.

346.803 Riding bicycle or electric personal assistive mobility device on bicycle way.

346.804 Riding bicycle on sidewalk.

346.805 Riding electric personal assistive mobility device on sidewalk.

346.82 Penalty for violating sections 346.77 to 346.805.

11HCC346

Page 4 of 65

SUBCHAPTER XIII

MISCELLANEOUS RULES

346.87 Limitations on backing.

346.88 Obstruction of operator’s view or driving mechanism.

346.89 Inattentive driving.

346.90 Following emergency vehicle.

346.915 Following snowplows.

346.92 Illegal riding.

346.922 Transporting children in cargo areas of motor trucks.

346.923 Human service vehicles; minimum operator qualifications.

346.93 Intoxicants in vehicle; underage persons.

346.935 Intoxicants in motor vehicles.

346.94 Miscellaneous prohibited or restricted acts.

346.945 Vehicle owner’s liability for radios or other electric sound amplification devices.

346.95 Penalty for violating sections 346.87 to 346.94.

SUBCHAPTER I

GENERAL PROVISIONS

346.01 Words and phrases defined. (1) Words and phrases defined in s. 340.01 are used in

the same sense in this chapter unless a different definition is specifically provided.

(1m) In this chapter, in addition to the meaning given in s. 340.01 (22), “highway” includes a

private road or driveway that is subject to an agreement for traffic regulation enforcement within

a manufactured and mobile home community that is located within the boundaries of a political

subdivision.

(2) In this chapter, notwithstanding s. 340.01 (42), “owner” means, with respect to a vehicle that

is registered, or is required to be registered, the lessee of the vehicle for purposes of vehicle owner

liability under ss. 346.175, 346.195, 346.205, 346.457, 346.465, 346.485, 346.505 (3), 346.675,

and 346.945.

346.02 Applicability of chapter. (1) APPLIES PRIMARILY UPON HIGHWAYS. This

chapter applies exclusively upon highways except as otherwise expressly provided in this chapter.

(2) APPLICABILITY TO PERSONS RIDING OR DRIVING ANIMALS OR PROPELLING

PUSH CARTS. Every person riding an animal or driving any animal−drawn vehicle or propelling

any push cart upon a roadway is granted all the rights and is subject to all the duties

which this chapter grants or applies to the operator of a vehicle, except those provisions of this

chapter which by their very nature would have no application.

(4) APPLICABILITY TO PERSONS RIDING BICYCLES AND MOTOR BICYCLES. (a)

Subject to the special provisions applicable to bicycles, every person riding a bicycle upon a

roadway or shoulder of a highway is granted all the rights and is subject to all the duties which this

chapter grants or applies to the operator of a vehicle, except those provisions which by their express

terms apply only to motor vehicles or which by their very nature would have no application to

bicycles. For purposes of this chapter, provisions which apply to bicycles also apply to motor

bicycles, except as otherwise expressly provided.

(b) Provisions which apply to the operation of bicycles in crosswalks under ss. 346.23, 346.24,

346.37 (1) (a) 2., (c) 2 and (d) 2. and 346.38 do not apply to motor bicycles.

(5) APPLICABILITY TO PUBLIC OFFICERS AND EMPLOYEES. The provisions of this

chapter applicable to operators of vehicles apply also to operators of vehicles owned by or operated

11HCC346

Page 5 of 65

by or for any governmental agency, including the United States government, subject to the specific

exceptions set forth in this section and ss. 346.03 and 346.215 (2).

(6) APPLICABILITY TO PERSONS WORKING ON HIGHWAYS. This chapter applies to

persons, teams, motor vehicles and road machinery while traveling to or from highway

construction or maintenance work but the provisions of ss. 346.05 (3), 346.06 to 346.17, 346.28,

346.29 (2), 346.31 to 346.36, 346.52 to 346.56 and 346.59 do not apply to persons, teams, motor

vehicles or road machinery when actually engaged in maintenance or construction work upon a

highway.

(7) APPLICABILITY OF PROVISIONS REQUIRING SIGNPOSTING. No provision of this

chapter for which signs are required shall be enforced against an alleged violator if at the time and

place of the alleged violation an official sign is not in proper position and sufficiently legible to be

seen by an ordinarily observant person. Whenever a particular section does not state that signs are

required, such section is effective even though no signs are erected or in place.

(8) APPLICABILITY TO PEDESTRIANWAYS. (a) All of the applicable provisions of this

chapter pertaining to highways, streets, alleys, roadways and sidewalks also apply to pedestrian

ways. A pedestrian way means a walk designated for the use of pedestrian travel.

(b) Public utilities may be installed either above or below a pedestrian way, and assessments may

be made therefor as if such pedestrian way were a highway, street, alley, roadway or sidewalk.

(9) APPLICABILITY TO URBAN MASS TRANSIT SYSTEMS. Every person operating an

urban mass transportation vehicle or using related facilities is granted all the rights and is subject

to all the duties which this chapter grants or applies to such persons, except those provisions of

this chapter which by their very nature would have no application.

(10) APPLICABILITY TO SNOWMOBILES. The operator of a snowmobile upon a roadway

shall be subject to ss. 346.04, 346.06, 346.11, 346.14 (1), 346.18, 346.19, 346.20, 346.21, 346.215

(3), 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48,

346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91,

346.92 (1) and 346.94 (1) and (9).

(11) APPLICABILITY TO ALL−TERRAIN VEHICLES AND UTILITY TERRAIN

VEHICLES. The operator of an all−terrain vehicle or a utility terrain vehicle on a roadway is

subject to ss. 346.04, 346.06, 346.11, 346.14 (1), 346.18, 346.19, 346.20, 346.21, 346.215 (3),

346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50

(1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.71, 346.87, 346.88, 346.89, 346.90, 346.91,

346.92 (1) and 346.94 (1) and (9) but is not subject to any other provision of this chapter.

(12) APPLICABILITY TO ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES. An

electric personal assistive mobility device shall be considered a vehicle for purposes of ss. 346.04

to 346.10, 346.12, 346.13, 346.15, 346.16, 346.18, 346.19, 346.20, 346.215 (3), 346.23 to 346.28,

346.31 to 346.35, 346.37 to 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 to 346.55, 346.57,

346.59, 346.62, 346.65 (5m), 346.67 to 346.70, 346.78, 346.80, 346.87, 346.88, 346.90, 346.91,

and 346.94 (4), (5), (9), and (10), except those provisions which by their express terms apply only

to motor vehicles or which by their very nature would have no application to electric personal

assistive mobility devices.

346.03 Applicability of rules of the road to authorized emergency vehicles. (1) The

operator of an authorized emergency vehicle, when responding to an emergency call or when in

the pursuit of an actual or suspected violator of the law, when responding to but not upon returning

from a fire alarm, when transporting an organ for human transplantation, or when transporting

medical personnel for the purpose of performing human organ harvesting or transplantation

11HCC346

Page 6 of 65

immediately after the transportation, may exercise the privileges set forth in this section, but

subject to the conditions stated in subs. (2) to (5m).

(2) The operator of an authorized emergency vehicle may:

(a) Stop, stand or park, irrespective of the provisions of this chapter;

(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary

for safe operation;

(c) Exceed the speed limit;

(d) Disregard regulations governing direction of movement or turning in specified directions.

(2m) Notwithstanding s. 346.94 (20), a law enforcement officer, a fire fighter, or emergency

medical personnel may open and leave open any door of an authorized emergency vehicle when

the vehicle is stopped, standing, or parked and the person is performing official duties.

(3) The exemption granted the operator of an authorized emergency vehicle by sub. (2) (a) applies

only when the operator of the vehicle is giving visual signal by means of at least one flashing,

oscillating or rotating red light except that the visual signal given by a police vehicle may be by

means of a blue light and a red light which are flashing, oscillating or rotating, except as otherwise

provided in sub. (4m). The exemptions granted by sub. (2) (b), (c) and (d) apply only when the

operator of the emergency vehicle is giving both such visual signal and also an audible signal by

means of a siren or exhaust whistle, except as otherwise provided in sub. (4) or (4m).

(4) Except as provided in sub. (4m), a law enforcement officer operating a police vehicle shall

otherwise comply with the requirements of sub. (3) relative to the giving of audible and visual

signals but may exceed the speed limit without giving audible and visual signal under the following

circumstances:

(a) If the officer is obtaining evidence of a speed violation.

(b) If the officer is responding to a call which the officer reasonably believes involves a felony in

progress and the officer reasonably believes any of the following:

1. Knowledge of the officer’s presence may endanger the safety of a victim or other person.

2. Knowledge of the officer’s presence may cause the suspected violator to evade apprehension.

3. Knowledge of the officer’s presence may cause the suspected violator to destroy evidence of a

suspected felony or may otherwise result in the loss of evidence of a suspected felony.

4. Knowledge of the officer’s presence may cause the suspected violator to cease the commission

of a suspected felony before the officer obtains sufficient evidence to establish grounds for arrest.

(4m) A law enforcement officer operating a police vehicle that is a bicycle is not required to

comply with the requirements of sub. (3) relative to the giving of audible and visual signals.

(5) The exemptions granted the operator of an authorized emergency vehicle by this section do

not relieve such operator from the duty to drive or ride with due regard under the circumstances

for the safety of all persons nor do they protect such operator from the consequences of his or her

reckless disregard for the safety of others.

(5m) The privileges granted under this section apply to the operator of an authorized emergency

vehicle under s. 340.01 (3) (dg) or (dh) only if the operator has successfully completed a safety

and training course in emergency vehicle operation that is taken at a technical college or that is

approved by the department and only if the vehicle being operated is plainly marked, in a manner

prescribed by the department, to identify it as an authorized emergency vehicle under s. 340.01 (3)

(dg) or (dh).

(6) Every law enforcement agency that uses authorized emergency vehicles shall provide written

guidelines for its officers and employees regarding exceeding speed limits under the circumstances

specified in sub. (4) and when otherwise in pursuit of actual or suspected violators. The guidelines

11HCC346

Page 7 of 65

shall consider, among other factors, road conditions, density of population, severity of crime and

necessity of pursuit by vehicle.

346.04 Obedience to traffic officers, signs and signals; fleeing from officer.

(1) No person shall fail or refuse to comply with any lawful order, signal or direction of a traffic

officer.

(2) No operator of a vehicle shall disobey the instructions of any official traffic sign or signal

unless otherwise directed by a traffic officer.

(2t) No operator of a vehicle, after having received a visible or audible signal to stop his or her

vehicle from a traffic officer or marked police vehicle, shall knowingly resist the traffic officer by

failing to stop his or her vehicle as promptly as safety reasonably permits.

(3) No operator of a vehicle, after having received a visual or audible signal from a traffic officer,

or marked police vehicle, shall knowingly flee or attempt to elude any traffic officer by willful or

wanton disregard of such signal so as to interfere with or endanger the operation of the police

vehicle, or the traffic officer or other vehicles or pedestrians, nor shall the operator increase the

speed of the operator’s vehicle or extinguish the lights of the vehicle in an attempt to elude or flee.

(4) Subsection (2t) is not an included offense of sub. (3), but a person may not be convicted of

violating both subs. (2t) and (3) for acts arising out of the same incident or occurrence.

SUBCHAPTER II

DRIVING, MEETING, OVERTAKING AND PASSING

346.06 Meeting of vehicles. Operators of vehicles proceeding in opposite directions shall pass

each other to the right, and upon roadways having width for not more than one line of traffic

in each direction each operator shall give to the other at least one−half of the main traveled portion

of the roadway as nearly as possible.

346.07 Overtaking and passing on the left. The following rules govern the overtaking and

passing of vehicles proceeding in the same direction, subject to those limitations, exceptions

and special rules stated in ss. 346.075 (2) and 346.08 to 346.11:

(2) The operator of a vehicle overtaking another vehicle proceeding in the same direction shall

pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway

until safely clear of the overtaken vehicle.

(3) Except when overtaking and passing on the right is permitted, the operator of an overtaken

vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall

not increase the speed of the vehicle until completely passed by the overtaking vehicle.

346.072 Passing stopped emergency vehicles, tow trucks and highway machinery

equipment. (1) If an authorized emergency vehicle giving visual signal, a tow truck flashing red

lamps, or any road machinery or motor vehicle used in highway construction or maintenance

displaying the proper safety lights or, with respect to a motor vehicle, displaying the proper hazard

lights, is parked or standing on or within 12 feet of a roadway, the operator of a motor vehicle

approaching such vehicle or machinery shall proceed with due regard for all other traffic and shall

do either of the following:

(a) Move the motor vehicle into a lane that is not the lane nearest the parked or standing vehicle

or machinery and continue traveling in that lane until safely clear of the vehicle or machinery. This

paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction

of the approaching motor vehicle and if the approaching motor vehicle may change lanes safely

and without interfering with any vehicular traffic.

(b) Slow the motor vehicle, maintaining a safe speed for traffic conditions, and operate the motor

vehicle at a reduced speed until completely past the vehicle or machinery. This paragraph applies

11HCC346

Page 8 of 65

only if the roadway has only one lane for traffic proceeding in the direction of the approaching

motor vehicle or if the approaching motor vehicle may not change lanes safely and without

interfering with any vehicular traffic.

(2) In addition to any penalty imposed under s. 346.17 (2), any person violating this section shall

have his or her operating privilege suspended as provided in s. 343.30 (1o).

346.075 Overtaking and passing bicycles, electric personal assistive mobility

devices, and motor buses.

(1) The operator of a motor vehicle overtaking a bicycle or electric personal assistive mobility

device proceeding in the same direction shall exercise due care, leaving a safe distance, but in no

case less than 3 feet clearance when passing the bicycle or electric personal assistive mobility

device, and shall maintain clearance until safely past the overtaken bicycle or electric personal

assistive mobility device.

(2) Except as provided in s. 346.48, if the operator of a motor vehicle overtakes a motor bus which

is stopped at an intersection on the right side of the roadway and is receiving or discharging

passengers, the operator shall pass at a safe distance to the left of the motor bus and shall not turn

to the right in front of the motor bus at that intersection.

346.08 When overtaking and passing on the right permitted.

The operator of a vehicle may overtake and pass another vehicle upon the right only under

conditions permitting the movement in safety and only if the operator can do so while remaining

on either the roadway or a paved shoulder, and then only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn or U−turn; or

(2) Upon a street or highway with unobstructed pavement of sufficient width to enable 2 or more

lines of vehicles lawfully to proceed, at the same time, in the direction in which the passing

vehicle is proceeding; or

(3) Upon a one−way street or divided highway with unobstructed pavement of sufficient width to

enable 2 or more lines of vehicles lawfully to proceed in the same direction at the same

time.

346.09 Limitations on overtaking on left or driving on left side of roadway. (1) Upon

any roadway where traffic is permitted to move in both directions simultaneously, the operator of

a vehicle shall not drive to the left side of the center of the roadway in overtaking and passing

another vehicle proceeding in the same direction unless such left side is clearly visible and is free

of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be

done in safety. In no case when overtaking and passing on a roadway divided into 4 or more clearly

indicated lanes shall the operator of a vehicle drive to the left of the pavement marking indicating

allocation of lanes to vehicles moving in the opposite direction or, in the absence of such marking,

to the left of the center of the roadway. Except as provided in sub. (3) (b), in no case shall the

operator of a vehicle drive in a lane when signs or signals indicate that such lane is allocated

exclusively to vehicles moving in the opposite direction.

(2) Upon any roadway where traffic is permitted to move in both directions simultaneously, the

operator of a vehicle shall not drive on the left side of the center of the roadway upon any part

of a grade or upon a curve in the roadway where the operator’s view is obstructed for such a

distance as to create a hazard in the event another vehicle might approach from the opposite

direction.

(3) (a) Except as provided in par. (b), the operator of a vehicle shall not drive on the left side of

the center of a roadway on any portion thereof which has been designated a no−passing zone,

11HCC346

Page 9 of 65

either by signs or by a yellow unbroken line on the pavement on the right−hand side of and adjacent

to the center line of the roadway, provided such signs or lines would be clearly visible to an

ordinarily observant person.

(b) The operator of a vehicle may drive on the left side of the center of a roadway on any portion

thereof which has been designated a no−passing zone, as described in par. (a), to overtake and

pass, with care, any vehicle traveling at a speed less than half of the applicable speed limit at the

place of passing.

(4) Other provisions of this section notwithstanding, the operator of a vehicle may not overtake

and pass on the left any other vehicle which, by means of signals as required by s. 346.34 (1),

indicates its intention to make a left turn or U−turn.

346.10 When passing at a railroad crossing, intersection, bridge, viaduct or tunnel

prohibited. (1) The operator of a vehicle shall not overtake and pass any other vehicle proceeding

in the same direction when approaching within 100 feet of or traversing any railroad crossing

unless the roadway is of sufficient width for 2 or more lines of vehicles to lawfully proceed

simultaneously in the direction in which such vehicle is proceeding or unless permitted or directed

by a traffic officer to pass at such crossing.

(2) Subject to the exception stated in sub. (3), the operator of a vehicle shall not overtake and pass

any other vehicle proceeding in the same direction when approaching within 100 feet of or

traversing any intersection unless the roadway is marked or posted for 2 or more lines of vehicles

moving simultaneously in the direction in which such vehicle is proceeding or unless permitted or

directed by a traffic officer to pass at such intersection.

(3) Outside of a business or residence district, the restrictions which sub. (2) places upon passing

at an intersection apply only if such intersection is designated in the direction of travel by a traffic

control signal, stop sign, yield sign or sign that warns traffic of existing or potentially hazardous

conditions on or adjacent to the roadway.

(4) The operator of a vehicle shall not overtake and pass any other vehicle proceeding in the same

direction when the view is obstructed upon approaching within 100 feet of any bridge, viaduct or

tunnel unless the roadway is of sufficient width for 2 or more lines of vehicles to lawfully proceed

simultaneously in the direction in which such vehicle is proceeding or unless permitted or directed

by a traffic officer to so overtake and pass.

346.11 Passing or meeting frightened animal. Whenever a person riding, driving or leading

an animal which is frightened gives a signal of distress to the operator of a motor vehicle

by a raising of the hand or otherwise, the operator of the motor vehicle shall promptly stop the

vehicle unless a movement forward is necessary to avoid an accident or injury and shall, upon

request, stop all motive power until such animal is under control.

346.12 Driving through safety zones prohibited. The operator of a vehicle shall not at any

time drive through or over a safety zone when such safety zone is clearly indicated.

346.13 Driving on roadways laned for traffic. Whenever any roadway has been divided into

2 or more clearly indicated lanes, including those roadways divided into lanes by clearly indicated

longitudinal joints, the following rules, in addition to all others consistent with this section, apply:

(1) The operator of a vehicle shall drive as nearly as practicable entirely within a single lane and

shall not deviate from the traffic lane in which the operator is driving without first ascertaining

that such movement can be made with safety to other vehicles approaching from the rear.

(2) Upon a 2−way roadway which is divided into 3 lanes the operator of a vehicle may not drive

in the center lane except when overtaking and passing another vehicle where the roadway is clearly

visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn

11HCC346

Page 10 of 65

or U−turn, or where the center lane is at the time allocated exclusively to traffic moving in the

direction the vehicle is proceeding and is marked or posted to give notice of the allocation.

(3) Notwithstanding sub. (2), when lanes have been marked or posted for traffic moving in a

particular direction or at designated speeds, the operator of a vehicle shall drive in the lane

designated.

346.14 Distance between vehicles. (1) The operator of a motor vehicle shall not follow

another vehicle more closely than is reasonable and prudent, having due regard for the speed of

such vehicle and the traffic upon and the condition of the highway.

(2) (a) Upon a highway outside a business or residence district, the operator of any motor truck

with a gross weight of more than 10,000 pounds or of any motor vehicle which is drawing or

towing another vehicle where the combined gross weight is more than 10,000 pounds shall do all

of the following:

1. Keep the vehicle he or she is operating at a distance of not less than 500 feet to the rear of any

vehicle immediately preceding it, being driven in the same direction.

2. Leave sufficient space so that an overtaking vehicle may enter and occupy such space without

danger.

(b) This subsection does not apply upon any lane especially designated for use by motor trucks or

by truck tractor−semitrailer or tractor−trailer units nor does it apply when overtaking and passing

another vehicle, but the fact that the operator of any vehicle or combination of vehicles mentioned

in this subsection follows the preceding vehicle more closely than 500 feet for one mile or more

or follows more closely than 500 feet when the preceding vehicle is moving at the maximum speed

then and there permissible for such following vehicle is prima facie evidence that the operator of

such following vehicle is violating this subsection.

346.15 Driving on divided highway. Whenever any highway has been divided into 2

roadways by an intervening unpaved or otherwise clearly indicated dividing space or by a physical

barrier constructed to substantially impede crossing by vehicular traffic, the operator of a vehicle

shall drive only to the right of the space or barrier and no operator of a vehicle shall drive over,

across, or within the space or barrier except through an opening or at a crossover or intersection

established by the authority in charge of the maintenance of the highway, except that the operator

of a vehicle when making a left turn to or from a private driveway, alley, or highway or making a

U−turn may drive across a paved dividing space or a physical barrier not constructed to impede

crossing by vehicular traffic, unless the crossing is prohibited by signs erected by the authority in

charge of the maintenance of the highway.

346.17 Penalty for violating sections 346.04 to 346.16.

(1) Except as provided in sub. (5), any person violating s. 346.04 (1) or (2), 346.06, 346.12 or

346.13 (1) or (3) may be required to forfeit not less than $20 nor more than $40 for the first offense

and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

(2) Any person violating ss. 346.05, 346.07 (2) or (3), 346.072, 346.08, 346.09, 346.10 (2) to (4),

346.11, 346.13 (2) or 346.14 to 346.16 may be required to forfeit not less than $30 nor more than

$300.

(2m) Any person violating s. 346.10 (1) shall forfeit not less than $60 nor more than $600.

(2t) Any person violating s. 346.04 (2t) may be fined not more than $10,000 or imprisoned for not

more than 9 months or both.

(3) (a) Except as provided in par. (b), (c) or (d), any person violating s. 346.04 (3) is guilty of a

felony.

11HCC346

Page 11 of 65

(b) If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage

to the property of another, as defined in s. 939.22 (28), the person is guilty of a

felony. (c) If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the

person is guilty of a felony.

(d) If the violation results in the death of another, the person is guilty of a felony.

(4) Any person violating s. 346.075 may be required to forfeit not less than $25 nor more than

$200 for the first offense and not less than $50 nor more than $500 for the 2nd or subsequent

violation within 4 years.

(5) If an operator of a vehicle violates s. 346.04 (1) or (2) where persons engaged in work in a

highway maintenance or construction area or in a utility work area are at risk from traffic, any

applicable minimum and maximum forfeiture specified in sub. (1) for the violation shall be

doubled.

346.175 Vehicle owner’s liability for fleeing a traffic officer. (1) (a) Subject to s. 346.01

(2), the owner of a vehicle involved in a violation of s. 346.04 (2t) or (3) for fleeing a traffic

officer shall be presumed liable for the violation as provided in this section.

(b) Notwithstanding par. (a), no owner of a vehicle involved in a violation of s. 346.04 (2t) or (3)

for fleeing a traffic officer may be convicted under this section if the person operating the vehicle

or having the vehicle under his or her control at the time of the violation has been convicted for

the violation under this section or under s. 346.04 (2t) or (3).

(2) A traffic officer may proceed under sub. (3) instead of pursuing the operator of a motor vehicle

who flees after being given a visual or audible signal by the officer or marked police vehicle.

(3) (a) Within 72 hours after observing the violation, the traffic officer shall investigate the

violation and may prepare a uniform traffic citation for the violation and, within 96 hours after

observing the violation, any traffic officer employed by the authority issuing the citation may

personally serve it upon the owner of the vehicle.

(b) If with reasonable diligence the owner cannot be served under par. (a), service may be made

by leaving a copy of the citation at the owner’s usual place of abode within this state in the

presence of a competent member of the family at least 14 years of age, who shall be informed of

the contents thereof. Service under this paragraph may be made by any traffic officer employed by

the authority issuing the citation and shall be performed within 96 hours after the violation was

observed.

(c) If with reasonable diligence the owner cannot be served under par. (a) or (b) or if the owner

lives outside of the jurisdiction of the issuing authority, service may be made by certified mail

addressed to the owner’s last−known address. Service under this paragraph shall be performed by

posting the certified mail within 96 hours after the violation was observed.

(4) Defenses to the imposition of liability under this section include:

(a) That a report that the vehicle was stolen was given to a traffic officer before the violation

occurred or within a reasonable time after the violation occurred.

(b) If the owner of the vehicle provides a traffic officer employed by the authority issuing the

citation with the name and address of the person operating the vehicle or having the vehicle

under his or her control at the time of the violation and sufficient information for the officer to

determine that probable cause does not exist to believe that the owner of the vehicle was operating

the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under this

section or under s. 346.04 (2t) or (3).

(c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was

in the possession of a lessee, and the lessor provides a traffic officer employed by the authority

11HCC346

Page 12 of 65

issuing the citation with the information required under s. 343.46 (3), then the lessee and not the

lessor shall be liable under this section or under s. 346.04 (2t) or (3).

(d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but including the persons

specified in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated

by or was under the control of any person on a trial run, and if the dealer provides a traffic officer

employed by the authority issuing the citation with the name, address and operator’s license

number of the person operating the vehicle, then that person, and not the dealer, shall be liable

under this section or under s. 346.04 (2t) or (3).

(5) Notwithstanding the penalty otherwise specified under s. 346.17 (2t) or (3) for a violation of

s. 346.04 (2t) or (3):

(a) A vehicle owner or other person found liable under this section for a violation of s. 346.04 (2t)

or (3) shall be required to forfeit not less than $300 nor more than $1,000.

(b) Imposition of liability under this section shall not result in suspension or revocation of a

person’s operating license under s. 343.30 or 343.31, nor shall it result in demerit points being

recorded on a person’s driving record under s. 343.32 (2) (a).

SUBCHAPTER III

RIGHT−OF−WAY

346.18 General rules of right−of−way. (1) GENERAL RULE AT INTERSECTIONS.

Except as otherwise expressly provided in this section or in s. 346.19, 346.20, 346.215, or 346.46

(1), when 2 vehicles approach or enter an intersection at approximately the same time, the operator

of the vehicle on the left shall yield the right−of−way to the vehicle on the right. The operator of

any vehicle driving at an unlawful speed forfeits any right− of−way which he or she would

otherwise have under this subsection.

(2) TURNING LEFT OR MAKING A U−TURN AT INTERSECTION. The operator of a vehicle

within an intersection intending to turn to the left or make a U−turn shall yield the right−of−way

to any vehicle approaching from the opposite direction.

(3) RULE AT INTERSECTION WITH THROUGH HIGHWAY. The operator of a vehicle shall

stop as required by s. 346.46 (2) (a), (b) or (c) before entering a through highway, and shall yield

the right−of−way to other vehicles which have entered or are approaching the intersection upon

the through highway.

(3m) UNCONTROLLED “T” INTERSECTION. At an intersection where traffic is not controlled

by an official traffic control device or by a traffic officer, the operator of a vehicle approaching the

intersection on a highway which terminates at the intersection shall yield the right−of−way to any

vehicle approaching the intersection on a highway which continues through the intersection.

(4) ENTERING HIGHWAY FROM ALLEY OR NONHIGHWAY ACCESS.

The operator of a vehicle entering a highway from an alley or from a point of access other than

another highway shall yield the right−of−way to all vehicles approaching on the highway which

the operator is entering.

(5) MOVING FROM PARKED POSITION. The operator of any vehicle that has been parked or

standing shall, while moving such vehicle from such position, yield the right−of−way to all

vehicles approaching on the highway.

(6) RIGHT−OF−WAYWHERE YIELD SIGN INSTALLED. The operator of a vehicle, when

approaching any intersection at which has been installed a yield sign, shall yield the right−of−way

to other vehicles which have entered the intersection from an intersecting highway or which are

11HCC346

Page 13 of 65

approaching so closely on the intersecting highway as to constitute a hazard of collision and, if

necessary, shall reduce speed or stop in order to so yield.

(7) ENTERING ALLEY OR DRIVEWAY FROM HIGHWAY. (a) The operator of any vehicle

intending to turn to the left into an alley or private driveway across the path of any vehicle

approaching from the opposite direction shall yield the right−of−way to the vehicle.

(b) The operator of any vehicle crossing a sidewalk or entering an alley or driveway from a

highway shall yield the right−of−way to any pedestrian, vehicle or conveyance on the sidewalk or

in the alley or driveway.

346.19 What to do on approach of emergency vehicle.

(1) Upon the approach of any authorized emergency vehicle giving audible signal by siren the

operator of a vehicle shall yield the right−of−way and shall immediately drive such vehicle to a

position as near as possible and parallel to the right curb or the right−hand edge of the shoulder of

the roadway, clear of any intersection and, unless otherwise directed by a traffic officer, shall stop

and remain standing in such position until the authorized emergency vehicle has passed.

(2) This section does not relieve the operator of an authorized emergency vehicle from the duty to

drive with due regard under the circumstances for the safety of all persons using the highway.

Section 346.19, regarding the requirements on the approach of an emergency vehicle, is the proper

statute to invoke when the proof requirements for fleeing under s. 346.04 are not met. 346.195

Owner’s liability for vehicle failing to yield the right−of−way to an authorized

emergency vehicle.

(1) Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.19 (1) for

failing to yield the right−of−way to an authorized emergency vehicle shall be liable for the

violation as provided in this section.

(2) The operator of an authorized emergency vehicle who observes a violation of s. 346.19 (1) for

failing to yield the right−of−way to an authorized emergency vehicle may prepare a written

report indicating that a violation has occurred. If possible, the report shall contain the following

information:

(a) The time and the approximate location at which the violation occurred.

(b) The license number and color of the vehicle involved in the violation.

(c) Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type

of vehicle.

(3) Within 24 hours after observing the violation, the operator of the authorized emergency vehicle

may deliver the report to a traffic officer of the county or municipality in which the violation

occurred. A report that does not contain all the information in sub. (2) shall, nevertheless, be

delivered and shall be maintained by the county or municipality for statistical purposes.

(4) (a) Within 48 hours after receiving a report containing all the information in sub. (2) and after

investigating the violation, the traffic officer may prepare a uniform traffic citation and may

personally serve it upon the owner of the vehicle.

(b) If with reasonable diligence the owner cannot be served under par. (a), service may be made

by leaving a copy of the citation at the owner’s usual place of abode within this state in the

presence of a competent member of the family at least 14 years of age, who shall be informed of

the contents thereof.

(c) If with reasonable diligence the owner cannot be served under par. (a) or (b) or if the owner

lives outside of the jurisdiction of the issuing authority, service may be made by certified mail

addressed to the owner’s last−known address.

11HCC346

Page 14 of 65

(5) (a) Except as provided in par. (b), it shall be no defense to a violation of this section that the

owner was not operating the vehicle at the time of the violation.

(b) The following are defenses to a violation of this section:

1. That a report that the vehicle was stolen was given to a traffic officer before the violation

occurred or within a reasonable time after the violation occurred.

2. That the owner of the vehicle provides a traffic officer with the name and address of the person

operating the vehicle at the time of the violation and the person so named admits operating the

vehicle at the time of the violation. In such case, the person operating the vehicle and not the owner

shall be charged under this section.

3. That the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was

in the possession of a lessee, and the lessor provides a traffic officer with the information

required under s. 343.46 (3). In such case, the lessee and not the lessor shall be charged under this

section.

4. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but including the

persons specified in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being

operated by any person on a trial run, and the dealer provides a traffic officer with the name,

address and operator’s license number of the person operating the vehicle. In such case, the person

operating the vehicle, and not the dealer, shall be charged under this section.

346.20 Right−of−way of funeral processions and military convoys. (1) Except as

provided in sub. (4), the operator of a vehicle not in a funeral procession or military convoy shall

yield the right−of−way at an intersection to vehicles in a funeral procession or military convoy

when vehicles comprising such procession have their headlights lighted.

(2) The operator of a vehicle not in a funeral procession shall not drive the vehicle between the

vehicles of the funeral procession, except when authorized to do so by a traffic officer or when

such vehicle is an authorized emergency vehicle giving audible signal by siren.

(3) Operators of vehicles not a part of a funeral procession or military convoy shall not form a

procession or convoy and have their headlights lighted for the purpose of securing the right−

of−way granted by this section to funeral processions or military convoys.

(4) (a) Operators of vehicles in a funeral procession or military convoy shall yield the

right−of−way in accordance with s. 346.19 upon the approach of an authorized emergency vehicle

giving audible signal by siren.

(b) Operators of vehicles in a funeral procession or military convoy shall yield the right−of−way

when directed to do so by a traffic officer.

(c) The operator of the leading vehicle in a funeral procession or military convoy shall comply

with stop signs and traffic control signals, but when the leading vehicle has proceeded across an

intersection in accordance with such signal or after stopping as required by the stop sign, all

vehicles in such procession may proceed without stopping, regardless of the sign or signal.

346.205 Owner’s liability for vehicle failing to yield the right−of−way to a funeral

procession. (1) Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s.

346.20 (1) for failing to yield the right−of−way to a funeral procession shall be liable for the

violation as provided in this section.

(2) The operator of a lead vehicle or a motorcycle escort in a funeral procession who observes a

violation of s. 346.20 (1) for failing to yield the right−of−way to a funeral procession may prepare

a written report indicating that a violation has occurred. If possible, the report shall contain the

following information:

(a) The time and the approximate location at which the violation occurred.

11HCC346

Page 15 of 65

(b) The license number and color of the vehicle involved in the violation.

(c) Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type

of vehicle.

(3) Within 24 hours after observing the violation, the operator of the lead vehicle or motorcycle

escort may deliver the report to a traffic officer of the county or municipality in which the violation

occurred. A report that does not contain all the information in sub. (2) shall nevertheless be

delivered and shall be maintained by the county or municipality for statistical purposes.

(4) (a) Within 48 hours after receiving a report containing all the information in sub. (2), the traffic

officer may prepare a uniform traffic citation and may personally serve it upon the owner of the

vehicle.

(b) If with reasonable diligence the owner cannot be served under par. (a), service may be made

by leaving a copy of the citation at the owner’s usual place of abode within this state in the presence

of a competent member of the family at least 14 years of age, who shall be informed of the contents

thereof.

(c) If with reasonable diligence the owner cannot be served under par. (a) or (b) or if the owner

lives outside of the jurisdiction of the issuing authority, service may be made by certified mail

addressed to the owner’s last−known address.

(5) (a) Except as provided in par. (b), it shall be no defense to a violation of this section that the

owner was not operating the vehicle at the time of the violation.

(b) The following are defenses to a violation of this section:

1. That a report that the vehicle was stolen was given to a traffic officer before the violation

occurred or within a reasonable time after the violation occurred.

2. If the owner of the vehicle provides a traffic officer with the name and address of the person

operating the vehicle at the time of the violation and the person so named admits operating the

vehicle at the time of the violation, then the person operating the vehicle and not the owner shall

be charged under this section.

3. If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in

the possession of a lessee, and the lessor provides a traffic officer with the information required

under s. 343.46 (3), then the lessee and not the lessor shall be charged under this section. 4. If the

vehicle is owned by a dealer as defined in s. 340.01 (11) (intro.) but including the persons specified

in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated by any

person on a trial run, and if the dealer provides a traffic officer with the name, address and

operator’s license number of the person operating the vehicle, then the person operating the

vehicle, and not the dealer, shall be charged under this section.

346.21 Right−of−way of livestock. The operator of a motor vehicle shall yield the

right−of−way to livestock being driven over or along any highway but any person in charge of

such livestock shall use reasonable care and diligence to open the roadway for vehicular traffic.

346.215 Police escorts and rights−of−way related to escorted vehicles. (1) In this

section, “police vehicle” means an authorized emergency vehicle as defined in s. 340.01 (3) (a).

(2) (a) Except as provided in par. (b), and notwithstanding s. 346.03 (1) and (4), the operator of a

police vehicle escorting any vehicle or procession of vehicles may exercise the privileges specified

in s. 346.03 (2) (b) if the operator of the police vehicle is giving visual signal as described in s.

346.03 (3). The operator of the police vehicle under this subsection is not required to give an

audible signal as described in s. 346.03 (3). This subsection applies only if the vehicle, or in the

case of a procession of vehicles the entire procession, is escorted by at least 2 police vehicles, at

least one of which is leading the vehicle or procession of vehicles and at least one of which is at

11HCC346

Page 16 of 65

the rear of the vehicle or procession of vehicles, and only if the requirement under sub. (4) is

satisfied. Notwithstanding ss. 346.18 (3), 346.37 (1) (c) 1., and 346.46 (1) and (2), any operator of

a vehicle being escorted under this subsection may accompany these police vehicles as they

proceed past any red or stop signal or stop sign in accordance with the privileges

specified in this subsection.

(b) The operator of a police vehicle escorting a vehicle or procession of vehicles, and the operator

of any vehicle being escorted, shall yield the right−of−way in accordance with s. 346.19 upon the

approach of an authorized emergency vehicle giving an audible signal by siren.

(3) Except as provided in sub. (2) (b), the operator of a vehicle other than an escorted vehicle or

escorting police vehicle shall yield the right−of−way at an intersection to an escorted vehicle or

escorting police vehicle and shall not, except when authorized to do so by a traffic officer, drive

between these escorting and escorted vehicles.

(4) The privileges specified in sub. (2) (a) do not apply to the operator of a police vehicle unless,

prior to escorting any vehicle as provided under sub. (2) (a), the law enforcement agency

employing the operator of the police vehicle has provided written guidelines for its officers and

employees regarding the escorting of vehicles under this section.

346.22 Penalty for violating sections 346.18 to 346.21.

(1) (a) Except as provided in par. (b), (c), (d), or (e), any person violating ss. 346.18, 346.20 (1),

or 346.215 (2) (b) or (3) may be required to forfeit not less than $20 nor more than $50 for the first

offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a

year.

(b) If an operator of a vehicle violates s. 346.18 (6) where persons engaged in work in a highway

maintenance or construction area or in a utility work area are at risk from traffic, any applicable

minimum and maximum forfeiture specified in par. (a), (c), (d), or (e) for the violation shall be

doubled.

(c) If a person violates s. 346.18 and the violation results in bodily harm, as defined in s. 939.22

(4), to another, the person shall forfeit $200.

(d) If a person violates s. 346.18 and the violation results in great bodily harm, as defined in s.

939.22 (14), to another, the person shall forfeit $500.

(e) If a person violates s. 346.18 and the violation results in death to another, the person shall

forfeit $1,000.

(2) Any person violating s. 346.19 or 346.20 (4) (a) may be required to forfeit not less than $30

nor more $300.

(3) Any person violating s. 346.20 (2), (3) or (4) (b) or (c) or 346.21 may be required to forfeit not

less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50

for the 2nd or subsequent conviction within a year.

(3m) A vehicle owner or other person found liable under s. 346.195 may be required to forfeit not

less than $30 nor more than $300. Imposition of liability under s. 346.195 shall not result in

suspension or revocation of a person’s operating license under s. 343.30, and shall not result in

demerit points being recorded on a person’s driving record under s. 343.32 (2) (a).

(4) A vehicle owner or other person found liable under s. 346.205 may be required to forfeit not

less than $20 nor more than $50 for the first offense and not less than $50 nor more than $100 for

the 2nd or subsequent conviction within a year. Imposition of liability under s. 346.205 shall not

result in suspension or revocation of a person’s operating license under s. 343.30, nor shall it

result in demerit points being recorded on a person’s driving record under s. 343.32 (2) (a).

11HCC346

Page 17 of 65

SUBCHAPTER IV

RESPECTIVE RIGHTS AND DUTIES OF DRIVERS, PEDESTRIANS, BICYCLISTS, AND

RIDERS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES

346.23 Crossing controlled intersection or crosswalk.

(1) At an intersection or crosswalk where traffic is controlled by traffic control signals or by a

traffic officer, the operator of a vehicle shall yield the right−of−way to a pedestrian, or to a person

who is riding a bicycle or electric personal assistive mobility device in a manner which is consistent

with the safe use of the crosswalk by pedestrians, who has started to cross the highway on a green

or “Walk” signal and in all other cases pedestrians, bicyclists, and riders of electric personal

assistive mobility devices shall yield the right−of−way to vehicles lawfully proceeding

directly ahead on a green signal. No operator of a vehicle proceeding ahead on a green signal may

begin a turn at a controlled intersection or crosswalk when a pedestrian, bicyclist, or rider of an

electric personal assistive mobility device crossing in the crosswalk on a green or “Walk” signal

would be endangered or interfered with in any way. The rules stated in this subsection are modified

at intersections or crosswalks on divided highways or highways provided with safety zones in the

manner and to the extent stated in sub. (2).

(2) At intersections or crosswalks on divided highways or highways provided with safety zones

where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle

shall yield the right−of−way to a pedestrian, bicyclist, or rider of an electric personal assistive

mobility device who has started to cross the roadway either from the near curb or shoulder or from

the center dividing strip or a safety zone with the green or “Walk” signal in the favor of the

pedestrian, bicyclist, or rider of an electric personal assistive mobility device.

346.24 Crossing at uncontrolled intersection or crosswalk.

(1) At an intersection or crosswalk where traffic is not controlled by traffic control signals or by a

traffic officer, the operator of a vehicle shall yield the right−of−way to a pedestrian, or to a person

riding a bicycle or electric personal assistive mobility device in a manner which is consistent with

the safe use of the crosswalk by pedestrians, who is crossing the highway within a marked or

unmarked crosswalk.

(2) No pedestrian, bicyclist, or rider of an electric personal assistive mobility device shall suddenly

leave a curb or other place of safety and walk, run, or ride into the path of a vehicle which is so

close that it is difficult for the operator of the vehicle to yield.

(3) Whenever any vehicle is stopped at an intersection or crosswalk to permit a pedestrian,

bicyclist, or rider of an electric personal assistive mobility device to cross the roadway, the operator

of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

346.25 Crossing at place other than crosswalk. Every pedestrian, bicyclist, or rider of an

electric personal assistive mobility device crossing a roadway at any point other than within a

marked or unmarked crosswalk shall yield the right−of−way to all vehicles upon the roadway.

346.26 Blind pedestrian on highway. (1) An operator of a vehicle shall stop the vehicle

before approaching closer than 10 feet to a pedestrian who is carrying a cane or walking stick

which is white in color or white trimmed with red and which is held in an extended or raised

position or who is using a service animal, defined as a guide dog, signal dog, or other animal that

is individually trained or is being trained to do work or perform tasks for the benefit of a person

with a disability, including the work or task of guiding a person with impaired vision, alerting a

person with impaired hearing to intruders or sound, providing minimal protection or rescue work,

pulling a wheelchair, or fetching dropped items, and shall take such precautions as may be

necessary to avoid accident or injury to the pedestrian. The fact that the pedestrian may be violating

11HCC346

Page 18 of 65

any of the laws applicable to pedestrians does not relieve the operator of a vehicle from the duties

imposed by this subsection.

(2) Nothing in this section shall be construed to deprive any totally or partially blind person not

carrying the white or the red and white cane or walking stick or not using a service animal, defined

as a guide dog, signal dog, or other animal that is individually trained or is being trained to do

work or perform tasks for the benefit of a person with a disability, including the work or task of

guiding a person with impaired vision, alerting a person with impaired hearing to intruders or

sound, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped

items, of the rights of other pedestrians crossing highways, nor shall the failure of such totally or

partially blind pedestrian to carry such cane or walking stick or to use a service animal be evidence

of any negligence.

(3) No person who is not totally or partially blind shall carry or use on any street, highway or other

public place any cane or walking stick which is white in color, or white trimmed with red.

346.27 Persons working on highway. The operator of a vehicle shall yield the right−of−way

to persons engaged in maintenance or construction work on a highway whenever the operator is

notified of their presence by flagmen or warning signs.

346.28 Pedestrians to walk on left side of highway; pedestrians, bicyclists, and

riders of electric personal assistive mobility devices on sidewalks.

(1) Any pedestrian traveling along and upon a highway other than upon a sidewalk shall travel on

and along the left side of the highway and upon meeting a vehicle shall, if practicable, move to the

extreme outer limit of the traveled portion of the highway.

(2) Operators of vehicles shall yield the right−of−way to pedestrians, bicyclists, and riders of

electric personal assistive mobility devices on sidewalks as required by s. 346.47.

346.29 When standing or loitering in roadway or highway prohibited.

(1) No person shall be on a roadway for the purpose of soliciting a ride from the operator of any

vehicle other than a public passenger vehicle.

(2) No person shall stand or loiter on any roadway other than in a safety zone if such act interferes

with the lawful movement of traffic.

(3) No person shall be on a bridge or approach thereto for the purpose of utilizing such bridge or

approach for fishing or swimming when signs have been erected by the authority in charge of

maintenance of the highway indicating that fishing or swimming off of such bridge or approach is

prohibited.

346.30 Penalty for violating sections 346.23 to 346.29.

(1) (a) Any pedestrian violating s. 346.23, 346.24 (2), 346.25, 346.28 or 346.29 may be required

to forfeit not less than $2 nor more than $20 for the first offense and not less than $10 nor more

than $50 for the 2nd or subsequent conviction within a year.

(b) 1. Unless otherwise provided in subd. 2., any operator of a vehicle violating s. 346.23 or 346.28

may be required to forfeit not less than $20 nor more than $40 for the first offense and not less

than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

2. Any operator of a bicycle or electric personal assistive mobility device violating s. 346.23,

346.24 or 346.25 may be required to forfeit not more than $20.

(2) Unless otherwise provided in sub. (1) (b) 2., any person violating s. 346.24 (1) or (3) may be

required to forfeit not less than $30 nor more than $300.

(3) Any person violating s. 346.26 may be required to forfeit not less than $25 nor more than $200

for the first offense and may be required to forfeit not less than $50 nor more than $500 for the

2nd or subsequent conviction within a year.

11HCC346

Page 19 of 65

(4) Any person violating s. 346.27 may be required to forfeit not less than $60 nor more than $600.

SUBCHAPTER V

TURNING AND STOPPING AND REQUIRED SIGNALS

346.31 Required position and method of turning at intersections.

(1) TURNS INDICATED BY MARKERS. Where state or local authorities have placed markers,

buttons or signs within or adjacent to an intersection directing traffic turning at such intersection

to follow a particular course, the operator of a vehicle turning at such intersection shall comply

with such directions. In the absence of such markers, buttons or signs, the operator of a vehicle

intending to turn at an intersection shall do as provided in subs. (2) to (4).

(2) RIGHT TURNS. Both the approach for a right turn and the right turn shall be made as closely

as practicable to the right−hand edge or curb of the roadway. If, because of the size of the vehicle

or the nature of the intersecting roadway, the turn cannot be made from the traffic lane next to the

right−hand edge of the roadway, the turn shall be made with due regard for all other traffic.

(3) LEFT TURNS AND U−TURNS. Except as otherwise provided in sub. (4), left turns at

intersections shall be made as follows:

(a) The approach for a left turn or U−turn shall be made in the lane farthest to the left which is

lawfully available to traffic moving in the direction of travel of the vehicle about to turn left.

Unless otherwise marked or posted, this means the lane immediately to the right of the center line

or center dividing strip of a 2−way highway and the lane next to the left−hand curb or edge of the

roadway of a one−way highway.

(b) The intersection shall be entered in the lane of approach and, whenever practicable, the left

turn or U−turn shall be made in that portion of the intersection immediately to the left of the center

of the intersection. For the purposes of this paragraph, a divided highway intersected by any other

highway is considered to be one intersection.

(c) A left turn shall be completed so as to enter the intersecting highway in that lane farthest to the

left which is lawfully available to traffic moving in the direction of the vehicle completing the left

turn. Unless otherwise marked or posted, this means the lane immediately to the right of the center

line or center dividing strip of a 2−way highway and the lane next to the left−hand curb or edge of

the roadway of a one−way highway.

(4) LEFT TURNS AND U−TURNS ON 3−LANE HIGHWAYS. On a 2−way highway having an

uneven number of lanes the approach for a left turn or U−turn shall be made in the center lane,

unless otherwise posted or marked. A left turn into a 2−way highway having an uneven number of

lanes shall be made so as to enter the highway in the lane immediately to the right of the center

lane.

346.32 Required position for turning into private road or driveway. The operator of a

vehicle on a highway who intends to turn into a private road or driveway shall make the approach

for the turn in the same manner as specified in s. 346.31 for vehicles making an approach for a

right or left turn at an intersection. If, because of the size of the vehicle or the nature of the

intersecting private road or driveway, the turn cannot be made from the specified lane of approach,

the turn shall be made with due regard for all other traffic.

346.33 U−turns. (1) The operator of a vehicle may not make a U−turn upon a highway at any

of the following places:

(a) At any intersection at which traffic is being controlled by a traffic officer unless instructed by

the officer to make a U−turn.

11HCC346

Page 20 of 65

(b) In mid−block on any street in a business district, except where the highway is a divided

highway and where the U−turn is made at an opening or crossover established by the authority in

charge of the maintenance of the highway.

(c) In mid−block on any through highway in a residence district, except where the highway is a

divided highway and where the U−turn is made at an opening or crossover established by the

authority in charge of the maintenance of the highway.

(d) At any place where signs prohibiting a U−turn have been erected by the authority in charge of

the maintenance of the highway. (e) Upon a curve or upon the approach to or near the crest of

a grade on any undivided highway where the vehicle cannot be seen by the driver of any other

vehicle within 500 feet approaching from any direction.

(f) At any place where a U−turn cannot be made safely or without interfering with other traffic.

(1m) The operator of a vehicle shall exercise due care when making a U−turn upon a highway and

shall only make a U−turn when the movement can be made safely and without interfering

with other traffic.

(2) The operator of a vehicle may not back the vehicle at an intersection controlled by an official

traffic control device for the purpose of making a U−turn.

(3) In this section, “mid−block” means any part of a street or highway other than an intersection.

346.34 Turning movements and required signals on turning and stopping.

(1) TURNING. (a) No person may:

1. Turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as

required in s. 346.31.

2. Turn a vehicle to enter a private road or driveway unless the vehicle is in proper position on the

roadway as required in s. 346.32.

3. Turn a vehicle from a direct course or move right or left upon a roadway unless and until such

movement can be made with reasonable safety.

(b) In the event any other traffic may be affected by the movement, no person may turn any vehicle

without giving an appropriate

signal in the manner provided in s. 346.35. A person making a U−turn shall use the same signal

used to indicate a left turn. When given by the operator of a vehicle other than a bicycle or

electric personal assistive mobility device, the signal shall be given continuously during not less

than the last 100 feet traveled by the vehicle before turning. The operator of a bicycle or electric

personal assistive mobility device shall give the signal continuously during not less than the last

50 feet traveled before turning. A signal by the hand and arm need not be given continuously

if the hand is needed in the control or operation of the bicycle or electric personal assistive mobility

device.

(2) STOPPING. No person may stop or suddenly decrease the speed of a vehicle without first

giving an appropriate signal in the manner provided in s. 346.35 to the operator of any vehicle

immediately to the rear when there is opportunity to give such signal. This subsection does not

apply to the operator of a bicycle approaching an official stop sign or traffic control signal.

346.35 Method of giving signals on turning and stopping.

Whenever a stop or turn signal is required by s. 346.34, such signal may in any event be given by

a signal lamp or lamps of a type meeting the specifications set forth in applicable laws. Except as

provided under applicable law, such signals also may be given by the hand and arm in lieu of or

in addition to signals by signal lamp. When given by hand and arm, such signals, except signals

by the operator of a bicycle, who may use either hand and arm, shall be given from the left side of

the vehicle in the following manner and shall indicate as follows:

11HCC346

Page 21 of 65

(1) Left turn or U−turn — Hand and arm extended horizontally.

(2) Right turn — Hand and arm extended upward.

(3) Stop or decrease speed — Hand and arm extended downward.

346.36 Penalty for violating sections 346.31 to 346.35.

(1) Unless otherwise provided in sub. (2), any person violating ss. 346.31 to 346.35 may be

required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50

nor more than $100 for the 2nd or subsequent conviction within a year.

(2) Any operator of a bicycle or electric personal assistive mobility device violating ss. 346.31 to

346.35 may be required to forfeit not more than $20.

SUBCHAPTER VI

TRAFFIC SIGNS, SIGNALS AND MARKINGS

346.38 Pedestrian control signals. Whenever special pedestrian control signals exhibiting

the words “Walk” or “Don’t Walk” are in place, such signals indicate as follows:

(1) WALK. A pedestrian, or a person riding a bicycle or electric personal assistive mobility device

in a manner which is consistent with the safe use of the crossing by pedestrians, facing a “Walk”

signal may proceed across the roadway or other vehicular crossing in the direction of the signal

and the operators of all vehicles shall yield the right−of−way to the pedestrian, bicyclist, or electric

personal assistive mobility device rider.

(2) DON’T WALK. No pedestrian, bicyclist, or rider of an electric personal assistive mobility

device may start to cross the roadway or other vehicular crossing in the direction of a “Don’t Walk”

signal, but any pedestrian, bicyclist, or rider of an electric personal assistive mobility device who

has partially completed crossing on the “Walk” signal may proceed to a sidewalk or safety zone

while a “Don’t Walk” signal is showing.

346.39 Flashing signals. Whenever flashing red or yellow signals are used they require

obedience by vehicular traffic as follows:

(1) FLASHING RED (STOP SIGNAL). When a red lens is illuminated with rapid intermittent

flashes, operators of vehicles shall stop before entering the nearest crosswalk at an intersection or

at a limit line when marked, or, if none, then before entering the intersection, and the right to

proceed is subject to the rules applicable after making a stop at a stop sign.

(2) FLASHING YELLOW (CAUTION SIGNAL). When a yellow lens is illuminated with rapid

intermittent flashes, operators of vehicles may proceed through the intersection or past such signal

only with caution.

346.41 Display of unauthorized signs and signals prohibited.

(1) No person shall place, maintain or display upon or in view of any highway or at or in view of

any railroad crossing any unauthorized sign, light, reflector, signal, marking or device

which:

(a) Purports to be or is an imitation of or resembles or may be mistaken for an official traffic sign

or signal or railroad sign or signal; or

(b) Attempts to direct the movement of traffic; or

(c) Hides from view or by its color, location, brilliance or manner of operation interferes with the

effectiveness of any official traffic sign or signal or railroad sign or signal.

(2) No person may place or maintain, and no public authority may permit upon any highway, any

traffic control device bearing any advertising, except that a federal or fluorescent yellow flag, not

less than 20 inches nor more than 24 inches square and bearing either the words “Safety Patrol” or

“School,” attached to a light weight pole 8 feet or less in length may be used by members of school

11HCC346

Page 22 of 65

safety patrols standing adjacent to but off the roadway to warn traffic that children are about to

cross the roadway.

(3) No person shall place or maintain, or allow to be displayed any red or amber reflector within

the limits of the highway boundaries at or near the entrance to a private road or driveway. The use

of blue reflectors is permitted provided there is no disapproval by the highway authority in charge

of maintenance of the highway.

346.42 Interference with signs and signals prohibited.

No person may intentionally damage, deface, move, or obstruct an official traffic sign or signal or

neighborhood watch sign that has been authorized by the local jurisdiction or intentionally interfere

with the effective operation of such sign or signal.

346.43 Penalty for violating sections 346.37 to 346.42.

(1) (a) Any pedestrian violating ss. 346.37 or 346.38 may be required to forfeit not less than $2

nor more than $20 for the first offense and not less than $10 nor more than $50 for the 2nd or

subsequent conviction within a year.

(b) 1. Unless otherwise provided in subd. 2. or 3., any operator of a vehicle violating ss. 346.37 to

346.39 may be required to forfeit not less than $20 nor more than $40 for the first offense and

not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

2. Any operator of a bicycle or electric personal assistive mobility device violating s. 346.37,

346.38 or 346.39 may be required to forfeit not more than $20.

3. If an operator of a vehicle violates ss. 346.37 or 346.39 where persons engaged in work in a

highway maintenance or construction area or in a utility work area are at risk from traffic, any

applicable minimum and maximum forfeiture specified in subd. 1. for the violation shall be

doubled.

(2) Any person violating s. 346.42 may be required to forfeit not less than $30 nor more than $300.

(3) Any person violating s. 346.41 may be required to forfeit not less than $25 nor more than $200

for the first offense and may be required to forfeit not less than $50 nor more than $500 for the

2nd or subsequent conviction within a year.

SUBCHAPTER VII

REQUIRED STOPS

346.457 Owner’s liability for vehicle illegally passing fire truck.

(1) Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of ss. 346.455 (1) or (2)

shall be liable for the violation as provided in this subsection.

(2) A member of the fire department or fire patrol who observes a violation of ss. 346.455 (1) or

(2) may prepare a written report indicating that a violation has occurred. The report shall contain

the following information:

(a) The time and location at which the violation occurred.

(b) The license number and color of the vehicle involved in the violation.

(c) Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type

of vehicle.

(3) Within 24 hours after observing the violation, the member of the fire department or fire patrol

may deliver the report to a traffic officer of the political subdivision in which the violation

occurred. A report which does not contain all of the information in sub. (2) may nevertheless be

delivered and shall be maintained by the political subdivision for statistical purposes.

(4) (a) Within 48 hours after receiving a report containing all of the information in sub. (2) and

after conducting an investigation, the traffic officer may prepare a uniform traffic citation for the

violation and may personally serve it upon the owner of the vehicle.

11HCC346

Page 23 of 65

(b) If with reasonable diligence the owner of the vehicle cannot be served under par. (a) or if the

owner lives outside of the jurisdiction of the issuing authority, service may be made by certified

mail addressed to the owner’s last−known address.

(5) (a) Except as provided in par. (b), it is not a defense to a violation of ss. 346.455 (1) or (2) that

the owner of the vehicle was not in control of the vehicle at the time of the violation.

(b) The following are defenses to a violation of ss. 346.455 (1) or (2):

1. That a report that the vehicle was stolen was given to a traffic officer before the violation

occurred or within a reasonable time after the violation occurred.

2. That the owner of the vehicle provides a traffic officer with the name and address of the person

who was in control of the vehicle at the time of the violation and the person so named admits

having the vehicle under his or her control at the time of the violation. In such a case, that person

and not the owner shall be charged with the violation.

3. That the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was

in the possession of a lessee, and the lessor provides a traffic officer with the information

required under s. 343.46 (3). In such a case, the lessee and not the lessor shall be charged with the

violation.

4. That the vehicle is owned by a dealer as defined in s. 340.01 (11) (intro.) but including the

persons specified in ss. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was under

the control of a person on a trial run and the dealer provides a traffic officer with the name, address

and operator’s license number of that person. In such a case, that person and not the dealer shall

be charged with the violation.

346.46 Vehicles to stop at stop signs and school crossings.

(1) Except when directed to proceed by a traffic officer or traffic control signal, every operator of

a vehicle approaching an official stop sign at an intersection shall cause such vehicle to stop before

entering the intersection and shall yield the right−of−way to other vehicles which have entered or

are approaching the intersection upon a highway which is not controlled by an official stop sign

or traffic signal.

(2) Stops required by sub. (1) shall be made in the following manner:

(a) If there is a clearly marked stop line, the operator shall stop the vehicle immediately before

crossing such line.

(b) If there is no clearly marked stop line, the operator shall stop the vehicle immediately before

entering the crosswalk on the near side of the intersection.

(c) If there is neither a clearly marked stop line nor a marked or unmarked crosswalk at the

intersection or if the operator cannot efficiently observe traffic on the intersecting roadway from

the stop made at the stop line or crosswalk, the operator shall, before entering the intersection, stop

the vehicle at such point as will enable the operator to efficiently observe the traffic on the

intersecting roadway.

(2m) Every operator of a motor vehicle approaching a school crossing which is controlled by an

adult school crossing guard shall follow the directions of the school crossing guard. If directed by

the school crossing guard to stop, the operator shall stop the vehicle not less than 10 feet nor more

than 30 feet from the school crossing and shall remain stopped until the school crossing guard

directs the operator to proceed.

(3) Every operator of a vehicle approaching an official stop sign at a railroad crossing shall, before

proceeding on or over such crossing, stop the vehicle immediately before crossing a clearly marked

stop line. If there is no clearly marked stop line, the operator shall stop the vehicle not less than 15

nor more than 50 feet from the nearest rail.

11HCC346

Page 24 of 65

(4) (a) Every operator of a vehicle approaching an official stop sign or official temporary stop sign

erected mid−block on or in the roadway by local authorities shall cause such vehicle to stop not

less than 10 nor more than 30 feet from such official sign except when directed to proceed by a

traffic officer.

(b) As used in this subsection “mid−block” has the meaning given it in s. 346.33 (3).

346.465 Owner’s liability for vehicle illegally crossing controlled school crossing.

(1) Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.46 (2m) shall

be liable for the violation as provided in this section.

(2) An adult school crossing guard who observes a violation of s. 346.46 (2m) may prepare a

written report indicating that a violation has occurred. If possible, the report shall contain the

following information:

(a) The time and the approximate location at which the violation occurred.

(b) The license number and color of the vehicle involved in the violation.

(c) Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type

of vehicle.

(3) Within 24 hours after observing the violation, the school crossing guard may deliver the report

to a traffic officer of the county or municipality in which the violation occurred. A report

which does not contain all the information in sub. (2) shall nevertheless be delivered and shall be

maintained by the county or municipality for statistical purposes.

(4) (a) Within 48 hours after receiving a report containing all the information in sub. (2), the traffic

officer may prepare a uniform traffic citation and may personally serve it upon the owner of the

vehicle.

(b) If with reasonable diligence the owner cannot be served under par. (a), service may be made

by leaving a copy of the citation at the owner’s usual place of abode within this state in the

presence of a competent member of the family at least 14 years of age, who shall be informed of

the contents thereof.

(c) If with reasonable diligence the owner cannot be served under par. (a) or (b) or if the owner

lives outside of the jurisdiction of the issuing authority, service may be made by certified mail

addressed to the owner’s last−known address.

(5) (a) Except as provided in par. (b), it shall be no defense to a violation of this section that the

owner was not operating the vehicle at the time of the violation.

(b) The following are defenses to a violation of this section:

1. That a report that the vehicle was stolen was given to a traffic officer before the violation

occurred or within a reasonable time after the violation occurred.

1m. If the owner of the vehicle provides a traffic officer with the name and address of the person

operating the vehicle at the time of the violation and the person so named admits operating the

vehicle at the time of the violation, then the person operating the vehicle and not the owner shall

be charged under this section.

2. If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in

the possession of a lessee, and the lessor provides a traffic officer with the information required

under s. 343.46 (3), then the lessee and not the lessor shall be charged under this section.

3. If the vehicle is owned by a dealer as defined in s. 340.01 (11) (intro.) but including the persons

specified in ss. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated

by any person on a trial run, and if the dealer provides a traffic officer with the name, address and

operator’s license number of the person operating the vehicle, then the person operating the

vehicle, and not the dealer, shall be charged under this section.

11HCC346

Page 25 of 65

346.47 When vehicles using alley or nonhighway access to stop.

(1) The operator of a vehicle emerging from an alley or about to cross or enter a highway from

any point of access other than another highway shall stop such vehicle immediately prior to moving

on to the sidewalk or on to the sidewalk area extending across the path of such vehicle and shall

yield the right−of−way to any pedestrian, bicyclist, or rider of an electric personal assistive

mobility device, and upon crossing or entering the roadway shall yield the right−of−way to all

vehicles approaching on such roadway.

(2) The operator of a vehicle on an alley shall stop such vehicle immediately before crossing or

entering an intersecting alley, whether or not such intersecting alley crosses the alley on

which the vehicle is being operated.

(3) The operator of a vehicle about to cross or enter a highway from a point of access other than

another highway is not required to stop in compliance with sub. (1) if a traffic control officer or

official traffic control device directs or permits otherwise.

346.475 Human service vehicles; loading or unloading children with disabilities. No

person who operates a human service vehicle may stop to load or unload passengers who

are children with disabilities unless the vehicle is entirely off the traveled portion of the roadway

in an area where stopping, standing or parking is not prohibited and the children do not have to

cross the roadway in order to be loaded or unloaded.

346.48 Vehicles to stop for school buses displaying flashing lights.

(1) The operator of a vehicle which approaches from the front or rear any school bus which has

stopped on a street or highway when the bus is equipped with the proper lights and equipment

under applicable law and when it is displaying flashing red warning lights, shall stop the vehicle

not less than 20 feet from the bus and shall remain stopped until the bus resumes motion or the

operator extinguishes the flashing red warning lights. The operator of any school bus which

approaches from the front or rear any school bus which has stopped and is displaying flashing red

warning lights shall display its flashing red lights while stopped. This subsection does not apply

to operators of vehicles proceeding in the opposite direction on a divided highway.

(2) (a) Except as provided in par. (b) the operator of a school bus equipped with flashing red

warning lights as required by applicable law shall actuate such lights at least 100 feet before

stopping to load or unload pupils or other authorized passengers, and shall not extinguish such

lights until loading or unloading is completed and persons who must cross the highway are safely

across. Where the curb and sidewalk are laid on one side of the road only, the operator shall use

the flashing red warning lights when loading or unloading passengers from either side.

(b) School bus operators shall not use the flashing red warning lights in:

1. Special school bus loading areas where the bus is entirely off the traveled portion of the highway.

2. Residence or business districts when pupils or other authorized passengers are to be loaded or

unloaded where a sidewalk and curb are laid on both sides of the road, unless required otherwise

by municipal ordinance.

(bm) Except as provided in par. (b) 2. or unless prohibited by municipal ordinance, a school bus

operator shall use the flashing red warning lights as provided in par. (a) in a zone designated by

“school” warning signs as provided by applicable law in which a street or highway borders the

grounds of a school when pupils or other authorized passengers are loaded or unloaded directly

from or onto the school grounds or that portion of the right−of−way between the roadway and the

school grounds.

(c) When a school bus is being used on a highway for purposes other than those specified in ss.

340.01 (56) (a) and (am), the flashing red warning lights shall not be used, and all markings on the

11HCC346

Page 26 of 65

front and rear of the bus indicating it is a school bus shall be removed or completely concealed;

except that any time a motor vehicle is equipped with the required proper lights and equipment

under applicable law and is transporting children for any purpose, the school bus markings may

remain unconcealed and the flashing red signals may be used as provided in this section and when

so used, sub. (1) applies to operators of other motor vehicles.

(3) If the operator of a motor vehicle overtakes a school bus which is stopped and is loading or

unloading pupils or other authorized passengers at an intersection on the right side of a roadway

in a business or residence district in which the display of the flashing red warning lights on the

school bus is not permitted, the operator shall pass at a safe distance to the left of the school bus

and shall not turn to the right in front of the school bus at that intersection.

346.485 Owner’s liability for vehicle illegally passing school bus.

(1) Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.48 (1) shall be

liable for the violation as provided in this section.

(2) The operator of a school bus who observes a violation of s. 346.48 (1) may prepare a written

report indicating that a violation has occurred. If possible, the report shall contain the following

information:

(a) The time and the approximate location at which the violation occurred.

(b) The license number and color of the vehicle involved in the violation.

(c) Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type

of vehicle.

(3) Within 24 hours after observing the violation, the school bus operator may deliver the report

to a traffic officer of the county or municipality in which the violation occurred. A report which

does not contain all the information in sub. (2) shall nevertheless be delivered and shall be

maintained by the county or municipality for statistical purposes.

(4) (a) Within 48 hours after receiving a report containing all the information in sub. (2), the traffic

officer may prepare a uniform traffic citation and may personally serve it upon the owner of the

vehicle.

(b) If with reasonable diligence the owner cannot be served under par. (a), service may be made

by leaving a copy of the citation at the owner’s usual place of abode within this state in the

presence of a competent member of the family at least 14 years of age, who shall be informed of

the contents thereof.

(c) If with reasonable diligence the owner cannot be served under par. (a) or (b) or if the owner

lives outside of the jurisdiction of the issuing authority, service may be made by certified mail

addressed to the owner’s last−known address.

(5) (a) Except as provided in par. (b), it shall be no defense to a violation of this section that the

owner was not operating the vehicle at the time of the violation.

(b) The following are defenses to a violation of this section:

1. That a report that the vehicle was stolen was given to a traffic officer before the violation

occurred or within a reasonable time after the violation occurred.

1m. If the owner of the vehicle provides a traffic officer with the name and address of the person

operating the vehicle at the time of the violation and the person so named admits operating the

vehicle at the time of the violation, then the person operating the vehicle and not the owner shall

be charged under this section.

2. If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in

the possession of a lessee, and the lessor provides a traffic officer with the information required

under s. 343.46 (3), then the lessee and not the lessor shall be charged under this section.

11HCC346

Page 27 of 65

3. If the vehicle is owned by a dealer as defined in s. 340.01 (11) (intro.) but including the persons

specified in ss. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated

by any person on a trial run, and if the dealer provides a traffic officer with the name, address and

operator’s license number of the person operating the vehicle, then the person operating the

vehicle, and not the dealer, shall be charged under this section.

346.49 Penalty for violating ss. 346.44 to 346.485.

(1) (a) Unless otherwise provided in par. (b) or (c), any person violating ss. 346.46 (1), (2m) or

(4) or 346.47 may be required to forfeit not less than $20 nor more than $40 for the first offense

and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

(b) Any operator of a bicycle or electric personal assistive mobility device violating ss. 346.46 (1),

(2m) or (4) may be required to forfeit not more than $20.

(c) If an operator of a vehicle violates s. 346.46 (1) where persons engaged in work in a highway

maintenance or construction area or in a utility work area are at risk from traffic, any applicable

minimum and maximum forfeiture specified in par. (a) for the violation shall be doubled.

(1g) (a) Unless otherwise provided in par. (b), any person violating s. 346.46 (3) shall forfeit not

less than $40 nor more than $80 for the first offense and not less than $100 nor more than $200

for the 2nd or subsequent conviction within a year.

(b) Any operator of a bicycle or electric personal assistive mobility device violating s. 346.46 (3)

shall forfeit not more than $40.

(1m) A vehicle owner or other person found liable under s. 346.465 may be required to forfeit not

less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for

the 2nd or subsequent conviction within a year. Imposition of liability under s. 346.465 shall not

result in suspension or revocation of a person’s operating license under s. 343.30, nor shall it result

in demerit points being recorded on a person’s driving record under s. 343.32 (2)(a).

(2) Any person violating ss. 346.455 or 346.48 may be required to forfeit not less than $30 nor

more than $300.

(2m) (a) Unless otherwise provided in par. (b), any person violating s. 346.44 may be required to

forfeit not more than $1,000.

(am) Any person violating s. 346.45 shall forfeit not less than $60 nor more than $600.

(b) Any operator of a bicycle or electric personal assistive mobility device violating s. 346.44 may

be required to forfeit not more than $40.

(2r) (a) A vehicle owner or other person found liable under s. 346.452 with respect to a violation

of s. 346.44 may be required to forfeit not more than $1,000, except that, if the vehicle involved

in the violation was a bicycle, the bicycle owner or other person may be required to forfeit not

more than $40.

(b) A vehicle owner or other person found liable under s. 346.452 with respect to a violation of s.

346.45 shall forfeit not less than $60 nor more than $600.

(c) Imposition of liability under s. 346.452 shall not result in suspension or revocation of a person’s

operating license under ss. 343.30 or 343.31, nor shall it result in demerit points being

recorded on a person’s driving record under s. 343.32 (2) (a).

(3) A vehicle owner or other person found liable under ss. 346.485 or 346.457 may be required to

forfeit not less than $30 nor more than $300. Imposition of liability under ss. 346.485 or 346.457

shall not result in suspension or revocation of a person’s operating license under s. 343.30, nor

shall it result in demerit points being recorded on a person’s driving record under s. 343.32 (2) (a).

(4) Any person violating s. 346.475 may be required to forfeit not less than $50 nor more than

$200.

11HCC346

Page 28 of 65

SUBCHAPTER VIII

RESTRICTIONS ON STOPPING AND PARKING

346.50 Exceptions to stopping and parking restrictions.

(1) The prohibitions against stopping or leaving a vehicle stand contained in ss. 346.51 to 346.54

and 346.55 do not apply when:

(a) The vehicle becomes disabled while on the highway in such a manner or to such an extent that

it is impossible to avoid stopping or temporarily leaving the vehicle in the prohibited place; or

(b) The stopping of the vehicle is necessary to avoid conflict with other traffic or to comply with

traffic regulations or the directions of a traffic officer or traffic control sign or signal.

(c) The vehicle of a public utility, a telecommunications carrier, or a rural electric cooperative is

stopped or left standing and is required for maintenance, installation, repair, construction or

inspection of its facilities by the public utility or a rural electric cooperative when warning signs,

flags, traffic cones, or flashing yellow lights or barricades, have been placed to warn approaching

motorists of any obstruction to the traveled portion of the highway.

(1m) In subs. (2) and (2a), the terms “municipal” and “municipally” include county.

(2) Except as provided in sub. (3m), a motor vehicle bearing a special registration plate issued to

an authorized jursidiction to a disabled veteran or on his or her behalf is exempt from any ordinance

imposing time limitations on parking in any street or highway zone and parking lot, whether

municipally owned or leased, or both municipally owned and leased or a parking place owned or

leased, or both owned and leased by a municipal parking utility, with one−half hour or more

limitation but otherwise is subject to the laws relating to parking. Where the time limitation on a

metered stall is one−half hour or more, no meter payment is required. Parking privileges granted

by this subsection are limited to the disabled veteran to whom or on whose behalf the special plates

were issued and to qualified operators acting under the disabled veteran’s express direction with

the disabled veteran present.

(2a) Except as provided in sub. (3m), a motor vehicle bearing special registration plates issued

under applicable law or a motor vehicle, other than a motorcycle, upon which a special

identification card issued under s. 343.51 is displayed or a motor vehicle registered in another

jurisdiction upon which is displayed a registration plate, a card or an emblem issued by the other

jurisdiction designating the vehicle as a vehicle used by a physically disabled person is exempt

from any ordinance imposing time limitations on parking in any street or highway zone and

parking lot, whether municipally owned or leased, or both municipally owned and leased or a

parking place owned or leased, or both owned and leased by a municipal parking utility, with

one−half hour or more limitation but otherwise is subject to the laws relating to parking. Where

the time limitation on a metered stall is one−half hour or more, no meter payment is required.

Parking privileges granted by this subsection are limited to the following:

(a) A person to whom plates or special identification card were issued under applicable law of this

or another jurisdiction as disabled.

(b) A qualified operator acting under the express direction of a person to whom plates were issued

in accordance with par. (a) when such person is present.

(3) Except as provided in sub. (3m), a vehicle bearing special registration plates issued under

applicable law or a motor vehicle, other than a motorcycle, upon which a special identification

card issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction upon

which is displayed a registration plate, a card or an emblem issued by the other jurisdiction

designating the vehicle as a vehicle used by a person with a physical disability is exempt from s.

11HCC346

Page 29 of 65

346.505 (2) (a) or any ordinance in conformity therewith prohibiting parking, stopping or standing

upon any portion of a street, highway or parking facility reserved for persons with physical

disabilities by official traffic signs indicating the restriction. Stopping, standing and parking

privileges granted by this subsection are limited to the persons listed under subs. (2) and (2a) (a)

to (m).

(3m) (a) In this subsection, “motor vehicle used by a physically disabled person” has the meaning

given in s. 346.503 (1).

(b) The city council of a 1st or 2nd class city may enact an ordinance imposing a 3−hour or less

limitation on parking of a motor vehicle used by a physically disabled person upon any portion of

a street, highway or parking facility reserved by the city for physically disabled persons by official

traffic signs indicating the restriction if the following conditions are complied with:

1. Before enactment, the city council seeks the advice and recommendation of a disabled parking

council of at least 7 members established by an ordinance of the city or, if the city has established

a disabled parking enforcement assistance council, by that council, and holds a public hearing on

the proposal. The majority of the members of any disabled parking council shall be appointed by

the city council from among those residents of the city to whom or on whose behalf the department

has issued a special registration plate or a special identification card under s. 343.51.

2. The ordinance may apply to not more than one−third of the number of spaces reserved by the

city for use by a motor vehicle used by a physically disabled person, and no time limitation may

be imposed on a reserved space in a parking facility unless an adjacent space without any such

time limitation is reserved for use by a motor vehicle used by a physically disabled person. The

ordinance shall require that the disabled parking council or, if applicable, the disabled parking

enforcement assistance council give advice and make a recommendation on the location of such

reserved spaces.

3. The official traffic sign for such reserved spaces shall include information on the applicable

time limitation for use by a motor vehicle used by a physically disabled person.

4. The ordinance may not impose a penalty for a violation of the ordinance that is greater than the

penalty for violation of any ordinance of the city imposing time limitations on parking upon

any portion of a street, highway or parking facility.

5. With respect to spaces reserved by the city for use by a motor vehicle used by a physically

disabled person upon any portion of a street, highway or parking facility, the report shall include

the total number of spaces; the total number of spaces in a parking facility and the number of those

spaces that are subject to a time limitation, and the duration of any such limitation; and the total

number of spaces upon a street or highway and the number of those spaces that are subject to a

time limitation, and the duration of any such limitation.

346.503 Parking spaces for vehicles displaying special registration plates or

special identification cards.

(1) In this section, “motor vehicle used by a physically disabled person” means a motor vehicle

bearing special registration plates issued under applicable law or a motor vehicle, other than a

motorcycle, upon which a special identification card issued under s. 343.51 is displayed or a motor

vehicle registered in another jurisdiction and displaying a registration plate, card or emblem issued

by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled

person.

(1m) (a) The owner or lessee of any public building or place of employment and the owner or

lessee of any parking facility which offers parking to the public shall reserve at least the following

number of spaces for use by a motor vehicle used by a physically disabled person:

11HCC346

Page 30 of 65

1. At least one space for a facility offering 26 to 49 spaces.

2. At least 2% of all spaces for a facility offering 50 to 1,000 spaces.

3. At least one percent, in addition to that specified in subd. 2., of each 1,000 spaces over the first

1,000 for a facility offering more than 1,000 spaces.

(b) Parking spaces reserved under this subsection shall be at least 12 feet wide.

(c) Parking spaces reserved under this subsection shall be located as close as possible to an entrance

of the parking facility and to an entrance of a public building or place of employment

which allows a physically disabled person to enter and leave without assistance. Parking spaces

reserved under this subsection in a parking ramp shall be located as close as possible to the main

entrance of the parking ramp, to an adjacent public walk, or to an elevator which allows a

physically disabled person to enter and leave without assistance.

(d) If the state or any other employer maintains a parking facility restricted to use by employees,

the employer shall, at the request of a physically disabled employee, reserve a parking space

for the employee as provided by pars. (b) and (c) for use by a motor vehicle used by a physically

disabled person.

(e) Instead of complying with the requirements under par. (a), a nonprofit organization, an

institution of higher education or a government unit which owns more than one parking facility

which offers parking to the public may reserve at least 2% of the total number of parking spaces

in its facilities. A nonprofit organization, institution of higher education or government unit which

reserves parking space under this paragraph shall reserve at least one parking space in each facility

for use by a motor vehicle used by any physically disabled person. If the number of spaces so

reserved in a facility is fewer than would be reserved under par. (a), upon request of a physically

disabled person the nonprofit organization, institution of higher education or government unit shall

reserve one additional space in the facility for use by a motor vehicle used by any physically

disabled person.

(f) The owner or lessee of a parking facility which is ancillary to a building and restricted wholly

or in part to use by tenants of the building shall, at the request of a physically disabled tenant,

reserve a parking space in the facility as provided by pars. (b) and (c) for use by a motor vehicle

used by the physically disabled tenant.

(g) This subsection does not affect the authority of the department of safety and professional

services to require by rule the reservation of parking spaces for use by a motor vehicle used by a

physically disabled person.

(2) The owner or lessee subject to the requirements of sub. (1m) shall post official traffic signs

indicating that the spaces are reserved.

(2e) The owner or lessee subject to the requirements of sub. (1m) shall keep the parking spaces

reserved for vehicles designated under sub. (1m) or (2m) clear of snow and ice in a timely

manner and make other reasonable efforts to ensure that the spaces are available for use by a motor

vehicle used by a physically disabled person.

(2m) In addition to the requirements of sub. (1m), the owner or lessee of a parking facility not

open to the public and the owner or lessee of a parking facility which offers parking for 25 or fewer

motor vehicles to the public may reserve one or more spaces as provided under sub. (1m) (b) and

(c) for use by a motor vehicle used by a physically disabled person. An owner or lessee reserving

spaces under this subsection shall post official traffic signs indicating that the spaces are reserved.

(3) The official traffic sign shall include the international symbol for barrier−free environments

and a statement to inform the public that the parking space is reserved for vehicles designated

under sub. (1m) or (2m).

11HCC346

Page 31 of 65

(4) The department, after consulting with the department of safety and professional services, shall

promulgate rules governing the design, size and installation of the official traffic signs required

under sub. (2) or (2m).

(5) (b) A member of a disabled parking enforcement assistance council who observes a violation

of this section may prepare a written report indicating that a violation has occurred. The report

shall contain the time and location at which the violation occurred and any other relevant

information relating to the violation.

(c) Within 24 hours after observing the violation, the member may deliver the report to a traffic

officer of the political subdivision in which the violation occurred. A report which does not contain

all of the information in par. (b) shall nevertheless be delivered and shall be maintained by the

political subdivision for statistical purposes.

(d) 1. Within 48 hours after receiving a report containing all of the information in par. (b) and after

conducting an investigation, the traffic officer may prepare a uniform traffic citation for the

violation and may personally serve it upon the owner or lessee.

2. If with reasonable diligence the owner or lessee cannot be served under subd. 1. or if the owner

or lessee lives outside of the jurisdiction of the issuing authority, service may be made by certified

mail addressed to the owner’s or lessee’s last−known address.

346.505 Stopping, standing or parking prohibited in parking spaces reserved for

vehicles displaying special registration plates or special identification cards.

(1) The legislature finds that parking facilities which are open to use by the public without a permit,

whether publicly or privately owned, are public places. By enacting this section the legislature

intends to ensure that people who are physically disabled have clear and reasonable access to

public places. The legislature, therefore, urges the police, sheriff’s and traffic departments of every

unit of government and each authorized department of the state to enforce this section vigorously

and see that all violations of this section are promptly prosecuted.

(2) (a) Except for a motor vehicle used by a physically disabled person as defined under s. 346.503

(1), no person may park, stop or leave standing any vehicle, whether attended or unattended and

whether temporarily or otherwise, upon any portion of a street, highway or parking facility

reserved, by official traffic signs indicating the restriction, for vehicles displaying special

registration plates issued under applicable law or a special identification card issued under s.

343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or

emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a

physically disabled person.

(b) No person may park, stop or leave standing any vehicle, whether attended or unattended and

whether temporarily or otherwise, upon any portion of a street, highway or parking facility so

as to obstruct, block or otherwise limit the use of any portion of a street, highway or parking facility

reserved, by official traffic signs indicating the restriction, for vehicles displaying special

registration plates issued under applicable law or a special identification card issued under s.

343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or

emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a

physically disabled person.

(c) Notwithstanding par. (b), no person may park, stop or leave standing any vehicle, whether

attended or unattended and whether temporarily or otherwise, upon any portion of a street,

highway or parking facility that is clearly marked as and intended to be an access aisle to provide

entry to and exit from vehicles by persons with physical disabilities and which is immediately

adjacent to any portion of a street, highway or parking facility reserved, by official traffic signs

11HCC346

Page 32 of 65

indicating the restriction, for vehicles displaying special registration plates issued under applicable

law or a special identification card issued under s. 343.51 or vehicles registered in another

jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction

which designates the vehicle as a vehicle used by a person with a physical disability.

(3) (a) Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of sub. (2) shall be

liable for the violation as provided in this subsection.

(b) A member of a disabled parking enforcement assistance council who observes a violation of

sub. (2), or any person who observes a violation of sub. (2) (c), may prepare a written report

indicating that a violation has occurred. The report shall contain the following information:

1. The time and location at which the violation occurred.

2. The license number and color of the vehicle involved in the violation.

3. Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type

of vehicle.

(c) Within 24 hours after observing the violation, the member or other person may deliver the

report to a traffic officer of the political subdivision in which the violation occurred. A report

which does not contain all of the information in par. (b) shall nevertheless be delivered and shall

be maintained by the political subdivision for statistical purposes.

(d) 1. Within 48 hours after receiving a report containing all of the information in par. (b) and after

conducting an investigation, the traffic officer may prepare a uniform traffic citation for the

violation and may personally serve it upon the owner of the vehicle.

2. If with reasonable diligence the owner cannot be served under subd. 1. or if the owner lives

outside of the jurisdiction of the issuing authority, service may be made by certified mail

addressed to the owner’s last−known address.

(e) 1. Except as provided in subd. 2., it shall be no defense to a violation of sub. (2) that the owner

was not in control of the vehicle at the time of the violation.

2. The following are defenses to a violation of sub. (2):

a. That a report that the vehicle was stolen was given to a traffic officer before the violation

occurred or within a reasonable time after the violation occurred.

b. If the owner of the vehicle provides a traffic officer with the name and address of the person

who was in control of the vehicle at the time of the violation and the person so named admits

having the vehicle under his or her control at the time of the violation, then that person and not the

owner shall be charged with the violation.

c. If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in

the possession of a lessee, and the lessor provides a traffic officer with the information required

under s. 343.46 (3), then the lessee and not the lessor shall be charged with the violation.

d. If the vehicle is owned by a dealer as defined in s. 340.01 (11) (intro.) but including the persons

specified in ss. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was under the

control of any person on a trial run, and if the dealer provides a traffic officer with the name,

address and operator’s license number of that person, then that person and not the dealer shall be

charged with the violation.

346.51 Stopping, standing or parking outside of business or residence districts. (1)

No person shall park, stop or leave standing any vehicle, whether attended or unattended,

upon the roadway of any highway outside a business or residence district when it is practical to

park, stop or leave such vehicle standing off the roadway, but even the parking, stopping or

standing of a vehicle off the roadway of such highway is unlawful unless the following

requirements are met:

11HCC346

Page 33 of 65

(a) An unobstructed width of at least 15 feet upon the roadway of such highway must be left

opposite such standing vehicle for the free passage of other vehicles. This section shall not apply

to a school bus when the school bus is loading or unloading pupils or other authorized passengers

where red flashing signal lights are used as required by s. 346.48 (2).

(b) Such standing vehicle must be capable of being seen by operators of other vehicles from a

distance of 500 feet in each direction along such highway.

(2) This section also applies to vehicles or equipment used in highway maintenance or construction

work unless the nature of the work is such as to require the stopping or standing of the vehicle or

equipment on the roadway.

346.52 Stopping prohibited in certain specified places.

(1) No person may stop or leave standing any vehicle, whether attended or unattended and whether

temporarily or otherwise, in any of the following places:

(a) Within an intersection.

(b) On a crosswalk.

(c) Between a safety zone and the adjacent curb, or within 15 feet of a point on the curb

immediately opposite the end of a safety zone unless a different distance is clearly indicated by an

official traffic sign or marker or parking meter.

(d) On a sidewalk or sidewalk area, except when parking on the sidewalk or sidewalk area is clearly

indicated by official traffic signs or markers or parking meters.

(e) Alongside or opposite any highway excavation or obstruction when stopping or standing at that

place would obstruct traffic or when pedestrian traffic would be required to travel in the roadway.

(f) On the roadway side of any parked vehicle unless double parking is clearly indicated by official

traffic signs or markers.

(g) Within 15 feet of the driveway entrance to a fire station or directly across the highway from a

fire station entrance.

(h) Upon any portion of a highway where, and at the time when, stopping or standing is prohibited

by official traffic signs indicating the prohibition of any stopping or standing.

(i) Within 25 feet of the nearest rail at a railroad crossing.

(1m) Notwithstanding sub. (1) (a) and (b), if snow accumulation at the usual bus passenger loading

area makes it difficult to load or discharge bus passengers, the driver may stop a motor bus to load

or discharge passengers on a crosswalk at an intersection where traffic is not controlled by a traffic

control signal or a traffic officer.

(2) During the hours of 7:30 a.m. to 4:30 p.m. during school days, no person may stop or leave

any vehicle standing, whether temporarily or otherwise, upon the near side of a through highway

adjacent to a schoolhouse used for any children below the 9th grade. If the highway adjacent to the

schoolhouse is not a through highway, the operator of a vehicle may stop upon the near side

thereof during such hours, provided such stopping is temporary and only for the purpose of

receiving or discharging passengers. This subsection shall not apply to villages, towns or cities

when the village or town board or common council thereof by ordinance permits parking of any

vehicle or of school buses only on the near side of specified highways adjacent to schoolhouses

during specified hours, or to the parking of vehicles on the near side of highways adjacent to

schoolhouses.

346.53 Parking prohibited in certain specified places.

No person shall stop or leave any vehicle standing in any of the following places except

temporarily for the purpose of and while actually engaged in loading or unloading or in receiving

11HCC346

Page 34 of 65

or discharging passengers and while the vehicle is attended by a licensed operator so that it may

promptly be moved in case of an emergency or to avoid obstruction of traffic:

(1) In a loading zone.

(2) In an alley in a business district.

(3) Within 10 feet of a fire hydrant, unless a greater distance is indicated by an official traffic sign.

(4) Within 4 feet of the entrance to an alley or a private road or driveway.

(5) Closer than 15 feet to the near limits of a crosswalk.

(6) Upon any portion of a highway where and at the time when parking is prohibited, limited or

restricted by official traffic signs.

346.54 How to park and stop on streets.

(1) Upon streets where stopping or parking is authorized or permitted, a vehicle is

not lawfully stopped or parked unless it complies with the following

requirements:

(a) Upon a street where traffic is permitted to move in both directions simultaneously and where

angle parking is not clearly designated by official traffic signs or markers, a vehicle must be parked

parallel to the edge of the street, headed in the direction of traffic on the right side of the street.

(b) Upon a one−way street or divided street where parking on the left side of the roadway is clearly

authorized by official traffic signs or markers, vehicles may be parked only as indicated by the

signs or markers.

(c) Upon streets where angle parking is clearly authorized by official traffic signs or markers,

vehicles shall be parked at the angle and within the spaces indicated.

(cm) 1. In a parallel parking area, a Type 1 motorcycle or moped may park at an angle. If parallel

parking spaces are not indicated by markers, no Type 1 motorcycle or moped may be parked within

2 feet of another vehicle. Where a parallel parking space is indicated by a marker or where angle

parking is authorized, up to 3 Type 1 motorcycles or mopeds may park in the space.

2. Up to 3 Type 1 motorcycles or mopeds may be parked in a parking space where a parking meter

has been installed unless the space is restricted by official traffic sign or marker to a single

motorcycle or moped. The operator of each Type 1 motorcycle or moped parked in a single space

regulated by a parking meter shall receive a citation for any violation of a time restriction.

(d) In parallel parking, a vehicle shall be parked facing in the direction of traffic with the right

wheels within 12 inches of the curb or edge of the street when parked on the right side and with

the left wheels within 12 inches of the curb or edge of the street when parked on the left side. In

parallel parking, a vehicle shall be parked with its front end at least 2 feet from the vehicle in front

and with its rear end at least 2 feet from the vehicle in the rear, unless a different system of parallel

parking is clearly indicated by official traffic signs or markers.

(e) Except as provided in par. (cm) and if the local jurisdiction has declared special regulations

for mopeds, for the purpose of parking, mopeds and electric personal assistive mobility devices

shall be considered bicycles. Except as provided by a local jurisdiction which has declared special

regulations for mopeds, where possible without impeding the flow of pedestrian traffic, a bicycle,

moped, or electric personal assistive mobility device may be parked on a sidewalk. Except when

a local jurisdiction has declared special regulations for mopeds, a bicycle, moped, or electric

personal assistive mobility device may be parked in a bike rack or other similar area designated

for bicycle parking.

(2) No person shall stop or leave a vehicle standing in violation of this section.

346.55 Other restrictions on parking and stopping.

11HCC346

Page 35 of 65

(1) No person shall stop or leave standing any vehicle on the left side of a highway except as

provided under applicable law and s. 346.54.

(3) No person may leave or park any motor vehicle on private property without the consent of the

owner or lessee of the property.

(4) Owners or lessees of public or private property may permit parking by certain persons and

limit, restrict or prohibit parking as to other persons if the owner or lessee posts a sign on the

property indicating for whom parking is permitted, limited, restricted or prohibited. No person

may leave or park any motor vehicle on public or private property contrary to a sign posted thereon.

346.56 Penalty for violating sections 346.503 to

346.55. (1) (a) Except as provided in sub. (1g), any person violating ss. 346.503 (1m) to (3) or a

rule of the department under s. 346.503 (4) may be required to forfeit not less than $50 nor more

than $200.

(b) No forfeiture may be assessed under par. (a) if within 30 days after the uniform traffic citation

was issued the person provides proof that he or she has complied with the provision of s.

346.503 for which the citation was issued.

(1g) Any person violating s. 346.503 (2e) shall forfeit not less than $20 nor more than $40 for the

first offense. For a 2nd or subsequent conviction within 3 years, a person shall forfeit not less

than $50 nor more than $100.

(1m) Any person violating ss. 346.52 to 346.54 or 346.55 (3) or (4) may be required to forfeit not

less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100

for the 2nd or subsequent conviction within a year.

(2) Any person violating ss. 346.51 or 346.55 (1) may be required to forfeit not less than $30 nor

more than $300.

(4) Any person violating s. 346.505 (2) shall forfeit not less than $50 nor more than $300.

SUBCHAPTER IX

SPEED RESTRICTIONS

346.57 Speed restrictions.

(1) DEFINITIONS. In this section: (ag) “Expressway” means a state trunk highway that, as

determined by the department, has 4 or more lanes of traffic physically separated by a median or

barrier and that gives preference to through traffic by utilizing interchanges or limiting at−grade

access to selected public roads and public driveways.

(am) “Freeway” means a state trunk highway that has 4 or more lanes of traffic physically

separated by a median or barrier and that gives preference to through traffic by limiting access to

interchanges only.

(ar) “Outlying district” means the territory contiguous to and including any highway within the

corporate limits of a city or village where on each side of the highway within any 1,000 feet

along such highway the buildings in use for business, industrial or residential purposes fronting

thereon average more than 200 feet apart.

(b) “Semiurban district” means the territory contiguous to and including any highway where on

either side of the highway within any 1,000 feet along such highway the buildings in use for

business, industrial or residential purposes fronting thereon average not more than 200 feet apart

or where the buildings in use for such purposes fronting on both sides of the highway considered

collectively average not more than 200 feet apart.

(2) REASONABLE AND PRUDENT LIMIT. No person shall drive a vehicle at a speed greater

than is reasonable and prudent under the conditions and having regard for the actual and potential

11HCC346

Page 36 of 65

hazards then existing. The speed of a vehicle shall be so controlled as may be necessary to avoid

colliding with any object, person, vehicle or other conveyance on or entering the highway in

compliance with legal requirements and using due care.

(3) CONDITIONS REQUIRING REDUCED SPEED. The operator of every vehicle shall,

consistent with the requirements of sub. (2), drive at an appropriate reduced speed when

approaching and crossing an intersection or railway grade crossing, when approaching and going

around a curve, when approaching a hillcrest, when traveling upon any narrow or winding

roadway, when passing school children, highway construction or maintenance workers or other

pedestrians, and when special hazard exists with regard to other traffic or by reason of weather or

highway conditions.

(4) FIXED LIMITS. In addition to complying with the speed restrictions imposed by subs. (2) and

(3), no person shall drive a vehicle at a speed in excess of the following limits unless different

limits are indicated by official traffic signs:

(a) Fifteen miles per hour when passing a schoolhouse at those times when children are going to

or from school or are playing within the sidewalk area at or about the school.

(b) Fifteen miles per hour when passing an intersection or other location properly marked with a

“school crossing” sign of a type approved by the department when any of the following conditions

exists:

1. Any child is present.

2. A school crossing guard is within a crosswalk at the intersection or the other location or, if no

crosswalk exists, is in the roadway at the intersection or the other location.

3. A school crossing guard is placing in or removing from the roadway at or near the intersection

or the other location a temporary sign or device that guides, warns, or regulates traffic.

(c) Fifteen miles per hour when passing a safety zone occupied by pedestrians and at which a

public passenger vehicle has stopped for the purpose of receiving or discharging passengers.

(d) Fifteen miles per hour in any alley.

(e) Twenty−five miles per hour on any highway within the corporate limits of a city or village,

other than on highways in outlying districts in such city or village.

(em) Twenty−five miles per hour on any service road within the corporate limits of a city or village

unless modified by the authority in charge of the highway.

(f) Thirty−five miles per hour in any outlying district within the corporate limits of a city or village.

(g) Thirty−five miles per hour on any highway in a semiurban district outside the corporate limits

of a city or village.

(gm) Sixty−five miles per hour on any freeway or expressway.

(h) In the absence of any other fixed limits or the posting of limits as required or authorized by

law, 55 miles per hour.

(i) Fifteen miles per hour on any street or town road, except a state trunk highway or connecting

highway, within, contiguous to or adjacent to a public park or recreation area when children are

going to or from or are playing within such area, when the local authority has enacted an ordinance

regulating such traffic and has properly marked such area with official traffic control devices

erected at such points as said authority deems necessary and at those points on the streets or town

roads concerned where persons traversing the same would enter such area from an area where a

different speed limit is in effect.

(j) Thirty−five miles per hour on any town road where on either side of the highway within any

1,000 feet along such highway the buildings in use for business, industrial or residential purposes

11HCC346

Page 37 of 65

fronting thereon average less than 150 feet apart, provided the town board has adopted an

ordinance determining such speed limit and has posted signs at such points as the town board

deems necessary to give adequate warning to users of the town road.

(k) Forty−five miles per hour on any highway designated as a rustic road under applicable law.

(5) ZONED AND POSTED LIMITS. In addition to complying with the speed restrictions imposed

by subs. (2) and (3), no person shall drive a vehicle in excess of any speed limit established

pursuant to law by state or local authorities and indicated by official signs.

(6) CERTAIN STATUTORY LIMITS TO BE POSTED. (a) On state trunk highways and

connecting highways and on county trunk highways or highways marked and signed as county

trunks, the speed limits specified in sub. (4) (e) and (f) are not effective unless official signs giving

notice thereof have been erected by the authority in charge of maintenance of the highway in

question. The speed limit specified in sub. (4) (g) and (k) is not effective on any highway unless

official signs giving notice thereof have been erected by the authority in charge of maintenance of

the highway in question. The signs shall be erected at such points as the authority

in charge of maintenance deems necessary to give adequate warning to users of the highway in

question, but an alleged failure to post a highway as required by this paragraph is not a defense to

a prosecution for violation of the speed limits specified in sub. (4) (e), (f), (g) or (k), or in an

ordinance enacted in conformity therewith, if official signs giving notice of the speed limit have

been erected at those points on the highway in question where a person traversing such highway

would enter it from an area where a different speed limit is in effect.

(b) The limit specified under sub. (4) (gm) is not effective unless official signs giving notice of the

limit have been erected by the department.

346.58 Special speed restrictions for certain vehicles.

(1) In this section:

(a) “Metal tire” means a tire the surface of which in contact with the highway is wholly or partially

of metal or other hard, nonresilient material.

(b) “Solid rubber tire” means a tire made of rubber but not inflated with compressed air.

(2) In addition to complying with other speed restrictions imposed by law, no person may drive

any vehicle equipped with metal tires or solid rubber tires at a speed in excess of 15 miles per

hour. This subsection does not apply to operation of a bicycle.

346.59 Minimum speed regulation.

(1) No person shall drive a motor vehicle at a speed so slow as to impede the normal and reasonable

movement of traffic except when reduced speed is necessary for safe operation or is necessary to

comply with the law.

(2) The operator of a vehicle moving at a speed so slow as to impede the normal and reasonable

movement of traffic shall, if practicable, yield the roadway to an overtaking vehicle whenever

the operator of the overtaking vehicle gives audible warning with a warning device and shall move

at a reasonably increased speed or yield the roadway to overtaking vehicles when directed to do

so by a traffic officer.

346.595 Motorcycles and mopeds. Whenever a motorcycle or a moped is operated the

following rules apply:

(1) All motor vehicles including motorcycles and mopeds are entitled to the full use of a traffic

lane and no vehicle may be driven or operated in such a manner so as to deprive any other vehicle

of the full use of a traffic lane. With the consent of both drivers, Type 1 motorcycles may be

operated not more than 2 abreast in a single lane, but mopeds may be so operated only where the

speed limit is 25 miles per hour or less.

11HCC346

Page 38 of 65

(2) No person shall ride any motorcycle or moped while in a side−saddle position.

(3) No passenger may ride a Type 1 motorcycle who, when properly seated, cannot rest the feet

on assigned foot rests or pegs. No passenger may ride on a moped.

(3m) No more than 2 persons may ride on a motorcycle having 2 wheels in tandem during

operation unless a sidecar has been attached to the motorcycle as provided in s. 340.01 (32) (a) 1.

and the additional passengers are provided with adequate seating within the sidecar.

(4) No passenger shall ride in front of the operator on a motorcycle.

(5) The headlamps on motorcycles shall be lighted whenever the motorcycle is in operation.

Motorcycles may be operated to the nearest repair facility for headlamp repair in the event of

mechanical or electrical headlamp failure except during hours of darkness. Mopeds shall observe

the requirements for lighted headlamps and tail lamps.

(6) On any road for which the speed limit is more than 25 miles per hour, mopeds shall be operated

only when riding single−file in the extreme right−hand lane. No person may operate a moped on

any restricted access highway.

346.60 Penalty for violating sections 346.57 to 346.595.

(1) Except as provided in sub. (5), any person violating s. 346.59 may be required to forfeit not

less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100

for the 2nd or subsequent conviction within a year.

(2) (a) Except as provided in sub. (3m) or (5), any person violating ss. 346.57 (4) (d) to (g) or (h)

or (5) or 346.58 may be required to forfeit not less than $30 nor more than $300.

(b) Except as provided in sub. (3m) or (5), any person violating s. 346.57 (4) (gm) may be required

to forfeit not less than $50 nor more than $300.

(3) Except as provided in sub. (3m) or (5), any person violating ss. 346.57 (2), (3) or (4) (a) to (c)

may be required to forfeit not less than $40 nor more than $300 for the first offense and may be

required to forfeit not less than $80 nor more than $600 for the 2nd or subsequent conviction within

a year.

(3m) (a) If an operator of a vehicle violates ss. 346.57 (2), (3), (4) (d) to (h) or (5) where persons

engaged in work in a highway maintenance or construction area or in a utility work area are at risk

from traffic, any applicable minimum and maximum forfeiture specified in sub. (2) or (3) for the

violation shall be doubled.

(b) If an operator of a vehicle violates ss. 346.57 (2) to (5) when children are present in a zone

designated by “school” warning signs as provided in s. 118.08 (1), any applicable minimum and

maximum forfeiture specified in sub. (2) or (3) for the violation shall be doubled.

(4) Any person violating s. 346.595 may be required to forfeit not less than $30 nor more than

$300.

(5) (a) Any operator of a bicycle or electric personal assistive mobility device who violates s.

346.57 may be required to forfeit not more than $20.

(b) Any operator of a bicycle or electric personal assistive mobility device who violates s. 346.59

may be required to forfeit not more than $10.

SUBCHAPTER X

RECKLESS AND DRUNKEN DRIVING

346.61 Applicability of sections relating to reckless and drunken driving. In addition

to being applicable upon highways, ss. 346.62 to 346.64 are applicable upon all premises held out

to the public for use of their motor vehicles, all premises provided by employers to employees for

the use of their motor vehicles and all premises provided to tenants of rental housing in buildings

11HCC346

Page 39 of 65

of 4 or more units for the use of their motor vehicles, whether such premises are publicly or

privately owned and whether or not a fee is charged for the use thereof. Sections 346.62 to 346.64

do not apply to private parking areas at farms or single−

family residences.

346.62 Reckless driving. (1) In this section:

(a) “Bodily harm” has the meaning designated in s. 939.22 (4).

(b) “Great bodily harm” has the meaning designated in s. 939.22 (14).

(c) “Negligent” has the meaning designated in s. 939.25 (2).

(d) “Vehicle” has the meaning designated in s. 939.22 (44), except that for purposes of sub. (2m)

“vehicle” has the meaning given in s. 340.01 (74).

(2) No person may endanger the safety of any person or property by the negligent operation of a

vehicle.

(2m) No person may recklessly endanger the safety of any person by driving a vehicle on or across

a railroad crossing in violation of s. 346.44 (1) or through, around or under any crossing

gate or barrier at a railroad crossing in violation of s. 346.44 (2).

(3) No person may cause bodily harm to another by the negligent operation of a vehicle.

(4) No person may cause great bodily harm to another by the negligent operation of a vehicle.

346.63 Operating under influence of intoxicant or other drug.

(1) No person may drive or operate a motor vehicle while:

(a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or

any combination of an intoxicant, a controlled substance and a controlled substance analog, under

the influence of any other drug to a degree which renders him or her incapable of safely driving,

or under the combined influence of an intoxicant and any other drug to a degree which

renders him or her incapable of safely driving; or

(am) The person has a detectable amount of a restricted controlled substance in his or her blood.

(b) The person has a prohibited alcohol concentration.

(c) A person may be charged with and a prosecutor may proceed upon a complaint based upon a

violation of any combination of par. (a), (am), or (b) for acts arising out of the same incident or

occurrence. If the person is charged with violating any combination of par. (a), (am), or (b), the

offenses shall be joined. If the person is found guilty of any combination of par. (a), (am), or (b)

for acts arising out of the same incident or occurrence, there shall be a single conviction for

purposes of sentencing and for purposes of counting convictions under ss. 343.30 (1q) and

343.305. Paragraphs (a), (am), and (b) each require proof of a fact for conviction which the others

do not require.

(d) In an action under par. (am) that is based on the defendant allegedly having a detectable amount

of methamphetamine, gamma−hydroxybutyric acid, or delta−9−tetrahydrocannabinol in

his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence

that at the time of the incident or occurrence he or she had a valid prescription for

methamphetamine or one of its metabolic precursors, gamma−hydroxybutyric acid, or

delta−9−tetrahydrocannabinol.

(2) (a) It is unlawful for any person to cause injury to another person by the operation of a vehicle

while:

1. Under the influence of an intoxicant, a controlled substance, a controlled substance analog or

any combination of an intoxicant, a controlled substance and a controlled substance analog,

under the influence of any other drug to a degree which renders him or her incapable of safely

driving, or under the combined influence of an intoxicant and any other drug to a degree which

11HCC346

Page 40 of 65

renders him or her incapable of safely driving; or

2. The person has a prohibited alcohol concentration.

3. The person has a detectable amount of a restricted controlled substance in his or her blood.

(am) A person may be charged with and a prosecutor may proceed upon a complaint based upon

a violation of any combination of par. (a) 1., 2., or 3. for acts arising out of the same incident or

occurrence. If the person is charged with violating any combination of par. (a) 1., 2., or 3. in the

complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any

combination of par. (a) 1., 2., or 3. for acts arising out of the same incident or occurrence, there

shall be a single conviction for purposes of sentencing and for purposes of counting convictions

under ss. 343.30 (1q) and 343.305. Paragraph (a) 1., 2., and 3. each require proof of a fact for

conviction which the others do not require.

(b) 1. In an action under this subsection, the defendant has a defense if he or she proves by a

preponderance of the evidence that the injury would have occurred even if he or she had been

exercising due care and he or she had not been under the influence of an intoxicant, a controlled

substance, a controlled substance analog or a combination thereof, under the influence of any other

drug to a degree which renders him or her incapable of safely driving, or under the combined

influence of an intoxicant and any other drug to a degree which renders him or her incapable of

safely driving, did not have a prohibited alcohol concentration described under

par. (a) 2., or did not have a detectable amount of a restricted controlled substance in his or her

blood.

2. In an action under par. (a) 3. that is based on the defendant allegedly having a detectable amount

of methamphetamine, gamma−hydroxybutyric acid, or delta−9−tetrahydrocannabinol in

his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence

that at the time of the incident or occurrence he or she had a valid prescription for

methamphetamine or one of its metabolic precursors, gamma−hydroxybutyric acid, or

delta−9−tetrahydrocannabinol.

(2m) If a person has not attained the legal drinking age, the person may not drive or operate a

motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than

0.08. One penalty for violation of this subsection is suspension of a person’s operating privilege

under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10 at any time.

If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the

refusal is a separate violation and the person is subject to revocation of the person’s operating

privilege under s. 343.305 (10) (em).

(3) In this section:

(a) “Drive” means the exercise of physical control over the speed and direction of a motor vehicle

while it is in motion.

(b) “Operate” means the physical manipulation or activation of any of the controls of a motor

vehicle necessary to put it in motion.

(4) If a person is convicted under sub. (1) or a local ordinance in conformity therewith, or sub. (2),

the court shall proceed under s. 343.30 (1q).

(5) (a) No person may drive or operate a commercial motor vehicle while the person has an alcohol

concentration of 0.04 or more but less than 0.08.

(b) A person may be charged with and a prosecutor may proceed upon a complaint based on a

violation of par. (a) or sub. (1) (a) or both for acts arising out of the same incident or occurrence.

If the person is charged with violating both par. (a) and sub. (1) (a), the offenses shall be joined.

Paragraph (a) and sub. (1) (a) each require proof of a fact for conviction which the other does not

11HCC346

Page 41 of 65

require. If the person is found guilty of violating both par. (a) and sub. (1) (a) for acts arising out

of the same incident or occurrence, there shall be a single conviction for purposes of sentencing

and for purposes of counting convictions. Each conviction shall be reported to the department and

counted separately for purposes of suspension or revocation of the operator’s license and

disqualification.

(6) (a) No person may cause injury to another person by the operation of a commercial motor

vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08.

(b) A person may be charged with and a prosecutor may proceed upon a complaint based upon a

violation of par. (a) or sub. (2) (a) 1. or both for acts arising out of the same incident or occurrence.

If the person is charged with violating both par. (a) and sub. (2) (a) 1. in the complaint, the crimes

shall be joined. If the person is found guilty of violating both par. (a) and sub. (2) (a) 1. for acts

arising out of the same incident or occurrence, there shall be a single conviction for purposes of

sentencing and for purposes of counting convictions. Paragraph (a) and sub. (2) (a) 1. each require

proof of a fact for conviction which the other does not require.

(c) Under par. (a), the person charged has a defense if it appears by a preponderance of the evidence

that the injury would have occurred even if he or she had not been under the influence of an

intoxicant, a controlled substance, a controlled substance analog or a combination thereof, under

the influence of any other drug to a degree which renders him or her incapable of safely driving,

or under the combined influence of an intoxicant and any other drug to a degree which renders him

or her incapable of safely driving or did not have an alcohol concentration described under par.

(a).

(7) (a) No person may drive or operate or be on duty time with respect to a commercial motor

vehicle under any of the following circumstances:

1. While having an alcohol concentration above 0.0.

2. Within 4 hours of having consumed or having been under the influence of an intoxicating

beverage, regardless of its alcohol content.

3. While possessing an intoxicating beverage, regardless of its alcohol content. This subdivision

does not apply to possession of an intoxicating beverage if the beverage is unopened and is

manifested and transported as part of a shipment.

(b) A person may be charged with and a prosecutor may proceed upon complaints based on a

violation of this subsection and sub. (1) (a) or (b) or both, or sub. (1) (a) or (5) (a), or both, for acts

arising out of the same incident or occurrence. If the person is charged with violating this

subsection and sub. (1) or (5), the proceedings shall be joined. If the person is found guilty of

violating both this subsection and sub. (1) or (5) for acts arising out of the same incident or

occurrence, there shall be a single conviction for purposes of sentencing and for purposes of

counting convictions. This subsection and subs. (1) and (5) each require proof of a fact for

conviction which the others do not require. Each conviction shall be reported to the department

and counted separately for purposes of suspension or revocation of the operator’s license and

disqualification.

346.635 Report arrest or out−of−service order to department. Whenever a law

enforcement officer arrests a person for a violation of ss. 346.63 (1), (5) or (7), or a local ordinance

in conformity therewith, or ss. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved

the use of a vehicle, the officer shall notify the department of the arrest and of issuance of an

out−of−service order under ss. 343.305 (7) (b) or (9) (am) as soon as practicable.

346.64 Employment of drunken operators.

11HCC346

Page 42 of 65

(1) No person who owns or has direct control of a commercial motor vehicle or any vehicle

operated upon a highway for the conveyance of passengers for hire shall employ as an operator of

such vehicle and retain in the person’s employment any person who is addicted to the excessive

use of intoxicating liquor or to the use of a controlled substance or controlled substance analog

under ch. 961. In addition to being subject to fine or imprisonment as prescribed by law, such

person shall forfeit $5 for each day such operator is retained in the person’s employ.

(2) Upon conviction of an operator of a commercial motor vehicle or any vehicle operated for the

conveyance of passengers for hire, for driving or operating such vehicle while under the

influence of an intoxicant, the owner or person having direct control of such vehicle shall discharge

such operator from such employment. No person shall employ or retain in employment as an

operator of a commercial motor vehicle or a vehicle operated upon a highway for the conveyance

of passengers for hire any person who has been so convicted within the preceding 6−month period

or any person during a period of disqualification under s. 343.315, unless s. 343.055 (2) applies.

In addition to being subject to fine or imprisonment as prescribed by law, such person shall forfeit

$5 for each day such operator is retained in the person’s employ contrary to the provisions of this

subsection.

346.65 Penalty for violating sections 346.62 to 346.64.

(1) Except as provided in sub. (5m), any person who violates s. 346.62 (2):

(a) May be required to forfeit not less than $25 nor more than $200, except as provided in par. (b).

(b) May be fined not less than $50 nor more than $500 or imprisoned for not more than one year

in the county jail or both if the total of convictions under s. 346.62 (2) or a local ordinance in

conformity therewith or a law of a federally recognized American Indian tribe or band in this state

in conformity with s. 346.62 (2) equals 2 or more in a 4−year period. The 4−year period shall be

measured from the dates of the violations which resulted in the convictions.

(2) (am) Any person violating s. 346.63 (1):

1. Shall forfeit not less than $150 nor more than $300, except as provided in subds. 2. to 5. and

par. (f).

2. Except as provided in pars. (bm) and (f), shall be fined not less than $350 nor more than $1,100

and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under

ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions,

revocations, and other convictions counted under s. 343.307 (1) within a 10−year period, equals

2, except that suspensions, revocations, or convictions arising out of the same incident or

occurrence shall be counted as one.

3. Except as provided in pars. (cm), (f), and (g), shall be fined not less than $600 nor more than

$2,000 and imprisoned for not less than 45 days nor more than one year in the county jail if the

number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total

number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 3,

except that suspensions, revocations, or convictions arising out of the same incident or occurrence

shall be counted as one.

4. Except as provided in subd. 4m. and pars. (dm), (f), and (g), shall be fined not less than $600

nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the

county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime,

plus the total number of suspensions, revocations, and other convictions counted under s. 343.307

(1), equals 4, except that suspensions, revocations, or convictions arising out of the same incident

or occurrence shall be counted as one.

11HCC346

Page 43 of 65

4m. Except as provided in pars. (f) and (g), is guilty of a felony and shall be fined not less than

$600 and imprisoned for not less than 6 months if the number of convictions under ss.

940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations,

and other convictions counted under s. 343.307 (1), equals 4 and the person committed an

offense that resulted in a suspension, revocation, or other conviction counted under s. 343.307 (1)

within 5 years prior to the day of current offense, except that suspensions, revocations, or

convictions arising out of the same incident or occurrence shall be counted as one.

5. Except as provided in pars. (f) and (g), is guilty of a felony and shall be fined not less than $600

and imprisoned for not less than 6 months if the number of convictions under ss.

940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations

and other convictions counted under s. 343.307 (1), equals 5 or 6, except that suspensions,

revocations or convictions arising out of the same incident or occurrence shall be counted as one.

6. Except as provided in par. (f), is guilty of a felony if the number of convictions under ss. 940.09

(1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations, and other

convictions counted under s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations,

or convictions arising out of the same incident or occurrence shall be counted as one. The

confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not

less than 3 years.

7. Except as provided in par. (f), is guilty of a felony if the number of convictions under ss. 940.09

(1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations, and other

convictions counted under s. 343.307 (1), equals 10 or more except that suspensions, revocations,

or convictions arising out of the same incident or occurrence shall be counted as one. The

confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not

less than 3 years.

(bm) In any county that opts to offer a reduced minimum period of imprisonment for the successful

completion of a probation period that includes alcohol and other drug treatment, if the

number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total

number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a

10−year period, equals 2, except that suspensions, revocations, or convictions arising out of the

same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am)

2., but the period of imprisonment shall be not less than 5 days, except that if the person

successfully completes a period of probation that includes alcohol and other drug treatment, the

period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced

under this paragraph or under par. (cm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his

or her lifetime.

(cm) In any county that opts to offer a reduced minimum period of imprisonment for the successful

completion of a probation period that includes alcohol and other drug treatment, if the

number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total

number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 3,

except that suspensions, revocations, or convictions arising out of the same incident or occurrence

shall be counted as one, the fine shall be the same as under par. (am) 3., but the period of

imprisonment shall be not less than 45 days, except that if the person successfully completes a

period of probation that includes alcohol and other drug treatment, the period of imprisonment

shall be not less than 14 days. A person may be sentenced under this paragraph or under par. (bm)

or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.

11HCC346

Page 44 of 65

(dm) In any county that opts to offer a reduced minimum period of imprisonment for the successful

completion of a probation period that includes alcohol and other drug treatment, if the

number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total

number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 4,

and par. (am) 4m. does not apply, except that suspensions, revocations, or convictions arising out

of the same incident or occurrence shall be counted as one, the fine shall be the same as under par.

(am) 4., but the period of imprisonment shall be not less than 60 days, except that if the person

successfully completes a period of probation that includes alcohol and other drug treatment, the

period of imprisonment shall be not less than 29 days. A person may be sentenced under this

paragraph or under par. (bm) or (cm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her

lifetime.

(f) 1. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the

violation that gave rise to the conviction under s. 346.63 (1), the person shall be fined not less

than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months,

except as provided in subd. 2.

2. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the

violation that gave rise to the conviction under s. 346.63 (1), the applicable minimum and

maximum fines and imprisonment under par. (am) 2. to 7. for the conviction are doubled. An

offense under s. 346.63 (1) that subjects a person to a penalty under par. (am) 3., 4., 4m., 5., 6., or

7. When there is a minor passenger under 16 years of age in the motor vehicle is a felony and the

place of imprisonment shall be determined under s. 973.02.

(g) 1. If a person convicted had an alcohol concentration of 0.17 to 0.199, the applicable minimum

and maximum fines under par. (am) 3. to 5. are doubled.

2. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum

and maximum fines under par. (am) 3. to 5. are tripled.

3. If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum

and maximum fines under par. (am) 3. to 5. are quadrupled.

(2c) In sub.

This text is long and has been trimmed here. Open the source document for the complete record.