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All the MRF White Papers have been added to this repository, except for those with one-time use copyrights.
If you have contributions, please send them to Eric with your suggested Category/Subcategory that it should be placed within...

 

Wisconsin ROW

AB 55 is the bill we just passed as Act 173 that modifies the ROW law in Wisconsin to remedy the problems we were seeing in the enforcement of Act 466.

 

2011 ASSEMBLY BILL 55

March 21, 2011 − Introduced by Representatives PRIDEMORE, KERKMAN, STRACHOTA
and SPANBAUER, cosponsored by Senators OLSEN and LASSA. Referred to
Committee on Transportation.

AN ACT to repeal 346.22 (1) (f); to renumber and amend 343.30 (1j) and 345.60

1

2

3

4

(4); and to amend 343.30 (1), 343.31 (3) (a), 343.38 (3), 345.60 (1), 346.22 (1)

(c), 346.22 (1) (d) and 346.22 (1) (e) of the statutes; relating to: vehicle

failure−to−yield violations.

Analysis by the Legislative Reference Bureau
Under current law, the operator of a vehicle must yield the right−of−way to
another vehicle under certain circumstances, including: 1) when turning left across
traffic; 2) at an intersection posted with a yield sign; 3) when entering a through
highway or a highway from an alley or driveway or from a parked or standing
position; or 4) when entering a highway from another highway that ends at a “T”
intersection. A person who fails to yield the right−of−way as required is subject to
a forfeiture of not less than $20 nor more than $50 for a first offense and not less than
$50 nor more than $100 for any subsequent offense within a year, except that the
forfeiture is doubled if the person fails to yield at a yield sign in a highway
maintenance or construction area or in a utility work area. In addition, if a person’s
failure to yield the right−of−way results in bodily harm or death to another, the court
must suspend the person’s motor vehicle operating privilege and the person must
forfeit $200 if bodily harm results, $500 if great bodily harm results, and $1,000 if
death results. For any failure−to−yield violation, the court must also order the
person who commits the violation to attend a traffic safety school approved by the
Department of Transportation (DOT) and conducted by a police department, sheriff ’s
office, or regularly established safety organization. The traffic safety school must acquaint the person with vehicle right−of−way rules and provide instruction on
motorcycle, pedestrian, and bicycle awareness.
Current law also allows a court to suspend a person’s operating privilege if the
person is convicted of violating any state or local traffic law.
Under this bill, if a person is convicted of a failure−to−yield violation that
results in bodily harm, great bodily harm, or death, DOT must suspend the person’s
operating privilege, but a court cannot suspend the person’s operating privilege.
This DOT suspension must be for a period of two months if the offense resulted in
bodily harm to another, three months if the offense resulted in great bodily harm to
another, and nine months if the offense resulted in the death of another. The bill
requires DOT, instead of a court, to order a person to attend traffic safety school for
a failure−to−yield violation. The traffic safety school must be conducted by a
regularly established safety organization, a licensed driver school, or a provider of
driver education courses and must be approved by DOT. The traffic safety school’s
course of instruction must acquaint the person with vehicle right−of−way rules and
provide instruction on motorcycle, pedestrian, and bicycle awareness. If the traffic
safety school is conducted by a driver school or provider of driver education courses,
the driver school or provider must issue a certificate upon successful completion of
the traffic safety school. If a person’s operating privilege has been suspended as a
result of a failure−to−yield violation that results in injury or death, DOT may not
reinstate the person’s operating privilege unless the person has successfully
completed the traffic safety school.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.

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

SECTION 1. 343.30 (1) of the statutes is amended to read:

343.30 (1) A court may suspend a person’s operating privilege for any period

not exceeding one year upon such person’s conviction in such court of violating any

of the state traffic laws or any local ordinance enacted under ch. 349, other than a

violation of s. 346.18 or a local ordinance in conformity with s. 346.18 for which

operating privilege suspension is required under s. 343.31 (2t) (a).

SECTION 2. 343.30 (1j) of the statutes is renumbered 343.31 (2t) (a), and 343.31

(2t) (a) (intro.), 1., and 2., as renumbered, are amended to read:

343.31 (2t) (a) (intro.) Upon conviction of a person for violating s. 346.18, the

court The department shall suspend the violator’s a person’s operating privilege

upon receiving a record of conviction for a violation of s. 346.18, or a local ordinance

in conformity with s. 346.18, resulting in bodily harm, as defined in s. 939.22 (4),

great bodily harm, as defined in s. 939.22 (14), or death, as follows:

1. For a period of 30 days 2 months, if the offense resulted in bodily harm to

another but did not result in great bodily harm or the death of another.

2. For a period of 90 days 3 months, if the offense resulted in great bodily harm

to another but did not result in the death of another.

SECTION 3. 343.31 (3) (a) of the statutes is amended to read:

343.31 (3) (a) Except as otherwise provided in this subsection or sub. (2m), (2s),

(2t), or (2x), all revocations or suspensions under this section shall be for a period of

one year.

SECTION 4. 343.38 (3) of the statutes is amended to read:

343.38 (3) REINSTATEMENT AFTER SUSPENSION. Except as provided in sub. (2) and

s. 343.10, the department shall not reinstate the operating privilege of a person

whose operating privilege has been duly suspended while the suspension remains in

effect. Upon Subject to s. 343.31 (2t) (b), upon the expiration of the period of

suspension, the person’s operating privilege is reinstated upon receipt by the

department of the fees specified in s. 343.21 (1) (j) and (n) and, for reinstatement of

an operating privilege suspended under ch. 344, the filing with the department of

proof of financial responsibility, if required, in the amount, form, and manner

specified under ch. 344.

SECTION 5. 345.60 (1) of the statutes is amended to read:

345.60 (1) Except as provided in subs. (3) and (4) sub. (3) and s. 343.31 (2t) (b),

in addition to or in lieu of other penalties provided by law for violation of chs. 346 to

348, the trial court may in its judgment of conviction order the convicted person to

attend, for a certain number of school days, a traffic safety school whose course and

mode of instruction is approved by the secretary, subject to sub. (4), and which is

conducted by the police department of the municipality, by the sheriff ’s office of the

county, or by any regularly established safety organization. The trial court may not

order a person to attend a traffic safety school under this subsection if the

department is required to order that the person attend a traffic safety school under

s. 343.31 (2t) (b).

SECTION 6. 345.60 (4) of the statutes is renumbered 343.31 (2t) (b) and amended

to read:

343.31 (2t) (b) If a person is convicted of violating s. 346.18 or a local ordinance

in conformity with s. 346.18, in addition to any other penalty provided by law, a court

the department shall order the person to attend a school under sub. (1), which, for

a certain number of school days, a traffic safety school whose course and mode of

instruction is approved by the secretary and which is conducted by any regularly

established safety organization, by the provider of driver education courses approved

under s. 38.04 (4) or 115.28 (11), or by a driver school licensed under s. 343.61. The

traffic safety school’s course of instruction shall acquaint the person with vehicle

right−of−way rules and provide instruction on motorcycle, pedestrian, and bicycle

awareness. If the traffic safety school is conducted by the provider of approved driver

education courses or a driver school, the provider or driver school shall issue to the

person a certificate upon successful completion of the traffic safety school. If a

person’s operating privilege has been suspended under par. (a), the department may not reinstate the person’s operating privilege unless the person has successfully

completed the traffic safety school required under this paragraph.

SECTION 7. 346.22 (1) (c) of the statutes is amended to read:

346.22 (1) (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 and shall

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

SECTION 8. 346.22 (1) (d) of the statutes is amended to read:

346.22 (1) (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 and

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

SECTION 9. 346.22 (1) (e) of the statutes is amended to read:

346.22 (1) (e) If a person violates s. 346.18 and the violation results in death

to another, the person shall forfeit $1,000 and shall have his or her operating

privilege suspended as provided in s. 343.30 (1j).

SECTION 10. 346.22 (1) (f) of the statutes is repealed.

SECTION 11.0Initial applicability.

(1) This act first applies to violations occurring on the effective date of this

subsection, but does not preclude the counting of other violations as prior violations

for purposes of sentencing a person.

SECTION 12.0Effective date.

(1) This act takes effect on the first day of the 4th month beginning after

publication.

Article details:
Author: admin
Posted: 2012-05-08 13:14:44
Number of Views: 1449
Keywords: Wisconsin ROW
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