Wisconsin Statutes 23.335 – Off-highway motorcycles

Attorney's Note

Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
Class H felony	up to 6 years	up to $10,000

For details, see § 939.50

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Wisconsin Statutes 23.335

Adult: means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arrest: Taking physical custody of a person by lawful authority.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
Freeway: means a highway with full control of access and with all crossroads separated in grade from the pavements for through traffic. See Wisconsin Statutes 990.01
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Highway: includes all public ways and thoroughfares and all bridges upon the same. See Wisconsin Statutes 990.01
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Motorcycle: has the meaning given in…. See Wisconsin Statutes 990.01
Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
Physician assistant: means a person who is licensed as a physician assistant under subch. See Wisconsin Statutes 990.01
Police department: includes a department under…. See Wisconsin Statutes 990.01
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
Property: includes real and personal property. See Wisconsin Statutes 990.01
Qualified: when applied to any person elected or appointed to office, means that such person has done those things which the person was by law required to do before entering upon the duties of the person's office. See Wisconsin Statutes 990.01
Registered nurse: includes a registered nurse who holds a multistate license, as defined in…. See Wisconsin Statutes 990.01
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01
Village: means incorporated village. See Wisconsin Statutes 990.01
Week: means 7 consecutive days. See Wisconsin Statutes 990.01
Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01

(1) Definitions. In this section:

(a) “Accompanied” has the meaning given in s. 23.33 (1) (a).

(b) “Agricultural purpose” includes a purpose related to the transportation of farm implements, equipment, supplies, or products on a farm or between farms.

(d) “Alcohol concentration” has the meaning given in s. 340.01 (1v).

(dm) “All-terrain vehicle” has the meaning given in s. 340.01 (2g).

(e) “All-terrain vehicle route” has the meaning given in s. 23.33 (1) (c).

(f) “All-terrain vehicle trail” has the meaning given in s. 23.33 (1) (d).

(g) “Approved public treatment facility” has the meaning specified under s. 51.45 (2) (c).

(gk) “Controlled substance” has the meaning given in s. 961.01 (4).

(gm) “Controlled substance analog” has the meaning given in s. 961.01 (4m).

(h) “Electric personal assistive mobility device” has the meaning given in s. 340.01 (15pm).

(hh) “Electric scooter” has the meaning given in s. 340.01 (15ps).

(hm) “Hazardous inhalant” means a substance that is ingested, inhaled, or otherwise introduced into the human body in a manner that does not comply with any cautionary labeling that is required for the substance under s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.

(i) “Highway” has the meaning given in s. 340.01 (22).

(j) “Immediate family” means persons who are related as spouses, who are related as siblings, or who are related as parent and child.

(k) “Intoxicant” means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog, or other drug or any combination thereof.

(L) “Intoxicated operation of an off-highway motorcycle law” means sub. (12) (a) or (b) or a local ordinance in conformity therewith or, if the operation of an off-highway motorcycle is involved, s. 940.09 or 940.25.

(m) “Junked” means dismantled for parts or scrapped.

(n) “Law enforcement officer” has the meaning given in s. 23.33 (1) (ig).

(o) “Limited use off-highway motorcycle” means an off-highway motorcycle that is not registered by the department of transportation for use on highways.

(p) “Local governmental unit” means a city, village, town, or county.

(q) “Off-highway motorcycle” means a 2-wheeled motor vehicle that is straddled by the operator, that is equipped with handlebars, and that is designed for use off a highway, regardless of whether it is also designed for use on a highway. “Off-highway motorcycle” does not include an electric bicycle, as defined under s. 340.01 (15ph).

(qm) “Off-highway motorcycle association” means a club or other association consisting of individuals that promotes the recreational operation of off-highway motorcycles.

(r) “Off-highway motorcycle club” means a club consisting of individuals that promotes use of off-highway motorcycles for recreational purposes off the highways within this state.

(s) “Off-highway motorcycle corridor” means an off-highway motorcycle trail or other established off-highway motorcycle corridor that is open to the public for the operation of off-highway motorcycles for recreational purposes but does not include an off-highway motorcycle route.

(t) “Off-highway motorcycle dealer” means a person who is engaged in this state in the sale of off-highway motorcycles for a profit at retail.

(u) “Off-highway motorcycle route” means a highway or sidewalk designated for recreational use by operators of off-highway motorcycles by the governmental agency having jurisdiction.

(v) “Off-highway motorcycle trail” means a marked corridor on public property or on private lands subject to public easement or lease, designated for recreational use by operators of off-highway motorcycles by the governmental agency having jurisdiction.

(y) “Off the highways” means off-highway motorcycle corridors, off-highway motorcycle routes, and areas where operation is authorized under sub. (10) or (11).

(z) “Operate” means to exercise physical control over the speed or direction of an off-highway motorcycle or to physically manipulate or activate any of the controls of an off-highway motorcycle necessary to put it in motion.

(zb) “Operation” means the exercise of physical control over the speed or direction of an off-highway motorcycle or the physical manipulation or activation of any of the controls of an off-highway motorcycle necessary to put it in motion.

(zc) “Operator” means a person who operates an off-highway motorcycle, who is responsible for the operation of an off-highway motorcycle, or who is supervising the operation of an off-highway motorcycle.

(zd) “Owner” means a person who has lawful possession of an off-highway motorcycle by virtue of legal title or an equitable interest in the off-highway motorcycle which entitles the person to possession of the off-highway motorcycle.

(zdm) “Proof,” when used in reference to evidence of a registration document, safety certificate, nonresident trail pass, or temporary trail use receipt, means the original registration document, safety certificate, nonresident trail pass, or temporary trail use receipt issued by the department or an agent appointed under sub. (4) (f) 2. or (6) (e) 1. or any alternative form of proof designated by rule under s. 23.47 (1).

(ze) “Purpose of authorized analysis” means for the purpose of determining or obtaining evidence of the presence, quantity, or concentration of any intoxicant in a person’s blood, breath, or urine.

(zf) “Refusal law” means sub. (12) (h) or a local ordinance in conformity therewith.

(zg) “Registration document” means an off-highway motorcycle registration certificate, a temporary operating receipt, or a registration decal.

(zgm) “Restricted controlled substance” means any of the following:

1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

2. A controlled substance analog of a controlled substance described in subd. 1.

3. Cocaine or any of its metabolites.

4. Methamphetamine.

5. Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person’s blood.

(zi) “Snowmobile” has the meaning given in s. 340.01 (58a).

(zj) “Snowmobile route” has the meaning given in s. 350.01 (16).

(zk) “Snowmobile trail” has the meaning given in s. 350.01 (17).

(zkm) “Temporary operating receipt” means a receipt issued by the department or an agent under sub. (4) (g) 1. a. that shows that an application and the required fees for a registration certificate have been submitted to the department or an agent appointed under sub. (4) (f) 2.

(zL) “Test facility” means a test facility or agency prepared to administer tests under s. 343.305 (2).

(zLm) “Utility terrain vehicle” has the meaning given in s. 23.33 (1) (ng).

(2) Registration.

(a) Requirement. No person may operate an off-highway motorcycle, and no owner may give permission for the operation of an off-highway motorcycle, off the highways unless the off-highway motorcycle is registered with the department under this section or is exempt from registration or the person operating the off-highway motorcycle holds a temporary operating receipt provided by an off-highway motorcycle dealer under sub. (3) (b).

(b) Exemptions. An off-highway motorcycle is exempt from the registration requirement under par. (a) if any of the following applies:

1. The off-highway motorcycle is covered by a valid registration of a federally recognized American Indian tribe or band, and all of the following apply:

a. The registration program of the tribe or band is covered by an agreement under s. 23.35.

b. The off-highway motorcycle displays the registration decal required by the tribe or band.

2. The off-highway motorcycle displays a plate or sign attached in the manner authorized under sub. (5) (c).

3. The off-highway motorcycle will be operated exclusively in racing on a raceway facility or as part of a special off-highway motorcycle event as authorized under sub. (10) (b).

4. The off-highway motorcycle is present in this state, for a period not to exceed 15 days, and is used exclusively as part of an advertisement being made for the manufacturer of the off-highway motorcycle.

5. The off-highway motorcycle is specified as exempt from registration by department rule.

(c) Weekend exemption. A person may operate an off-highway motorcycle off the highways in this state during the first full weekend in June of each year without registering the off-highway motorcycle as required under par. (a).

(3) Registration; application process.

23.335(3)(a) (a) Public or private use. Only the department may register off-highway motorcycles for off-highway operation. Any off-highway motorcycle may be registered for public use. An off-highway motorcycle may be registered for private use if the operation is limited to any of the following:

1. Operation for agricultural purposes.

2. Operation by the owner of the motorcycle or a member of his or her immediate family only on land owned or leased by the owner or a member of his or her immediate family.

(b) Registration; sales by dealers. If the seller of an off-highway motorcycle is an off-highway motorcycle dealer, the dealer shall require each buyer to whom he or she sells an off-highway motorcycle to complete an application for registration for public or private use and collect the applicable fee required under sub. (4) (d) at the time of the sale if the off-highway motorcycle will be operated off the highways and is not exempt from registration under sub. (2) (b). The department shall provide application and temporary operating receipt forms to off-highway motorcycle dealers. Each off-highway motorcycle dealer shall provide the buyer a temporary operating receipt showing that the application and accompanying fee have been obtained by the off-highway motorcycle dealer. The off-highway motorcycle dealer shall mail or deliver the application and fee to the department no later than 7 days after the date of sale.

(c) Registration; other sales. If an off-highway motorcycle is sold or otherwise transferred by a person other than an off-highway motorcycle dealer and is not registered with the department, the buyer or transferee shall complete an application for registration for public or private use if the buyer or transferee intends to operate the off-highway motorcycle off the highways and the off-highway motorcycle is not exempt from registration under sub. (2) (b).

(d) Registration; action by department. Upon receipt of an application for registration of an off-highway motorcycle on a form provided by the department, and the payment of any applicable fees under sub. (4) (d) and of any sales or use taxes that may be due, the department shall issue a registration certificate to the applicant.

(e) Transfers of registered motorcycles. Upon transfer of ownership of an off-highway motorcycle that is registered for public or private use, the transferor shall deliver the registration certificate to the transferee at the time of the transfer. The transferee shall complete an application for transfer on a form provided by the department and shall mail or deliver the form to the department within 10 days after the date of the transfer if the transferee intends to operate the off-highway motorcycle off the highways.

(f) Transfers; action by department. Upon receipt of an application for transfer of an off-highway motorcycle registration certificate under par. (e), and the payment of the fee under sub. (4) (d) 3. and of any sales or use taxes that may be due, the department shall transfer the registration certificate to the applicant.

(g) Trades; registration required. An off-highway motorcycle dealer may not accept a limited use off-highway motorcycle in trade unless the off-highway motorcycle is currently registered by the department or is exempt from being registered by the department under sub. (2) (b).

(4) Registration; certificates and decals.

23.335(4)(a) (a) Period of validity; expiration.

23.335(4)(a)1. 1. A registration certificate issued under sub. (3) for public use is valid beginning on April 1 or the date of issuance or renewal and ending March 31 of the 2nd year following the date of issuance or renewal.

1m. A registration certificate issued under sub. (3) for private use is valid from the date of issuance until ownership of the off-highway motorcycle is transferred.

2. For renewals of registration certificates for public use, the department shall notify each owner of the upcoming date of expiration at least 2 weeks before that date.

(b) Content of certificate. Each registration certificate shall contain the registration number, the name and address of the owner, and any other information that the department determines is necessary.

(bm) Display of registration. The operator of an off-highway motorcycle shall have in his or her possession at all times while operating the vehicle proof of the registration certificate or, for an off-highway motorcycle the owner of which has received a temporary operating receipt but has not yet received the registration certificate, proof of the temporary operating receipt. The operator of an off-highway motorcycle shall display this proof upon demand for inspection by a law enforcement officer.

1. Each registration certificate issued under sub. (3) shall be accompanied by a registration decal. No person may operate an off-highway motorcycle for which registration is required without having the decal affixed as described in subd. 3., except as provided in subd. 4.

2. The decal shall contain a reference to the state and to the department, the vehicle identification number, and the expiration date of the registration, if the off-highway motorcycle is being registered for public use.

3. The person required to register an off-highway motorcycle shall affix the registration decal with its own adhesive in a position on the exterior of the motorcycle where it is clearly visible and shall maintain the decal so that it is in legible condition.

4. A person may operate an off-highway motorcycle without having a registration decal affixed if the owner has been issued a temporary operating receipt that shows that an application and the required fees for a registration certificate have been submitted to the department, and the person operating the off-highway motorcycle has the receipt in his or her possession. The person shall exhibit the receipt, upon demand, to any law enforcement officer.

(d) Fees for certificates and decals.

1. The fee for the issuance or renewal of a registration certificate for public use and the accompanying decal is $30. The department shall impose an additional late fee of $5 for the renewal of a registration certificate under this subdivision that is filed after the expiration date of the registration certificate unless the renewal is included with an application for transfer of the registration certificate.

2. The fee for the issuance or renewal of a registration certificate for private use and the accompanying decal is $15.

3. The fee for transferring a certificate under sub. (3) (e) is $5.

(e) Duplicate certificates and decals.

1. If a registration certificate issued under sub. (3) or accompanying decal is lost or destroyed, the holder of the certificate or decal may apply for a duplicate on a form provided by the department. Upon receipt of the application and the fee required under subd. 2., the department shall issue a duplicate certificate or decal to the applicant.

2. The fee for the issuance of a duplicate certificate for public or private use is $5, and the fee for a duplicate decal is $5.

(f) Registration issuers. For the issuance of original or duplicate registration documents, for the issuance of reprints under s. 23.47 (3), and for the transfer or renewal of registration documents, the department may do any of the following:

1. Directly issue, transfer, or renew the registration documents with or without using the service specified in par. (g) 1. and directly issue the reprints.

2. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documents using either or both of the services specified in par. (g) 1. and to issue the reprints.

(g) Methods of issuance.

1. For the issuance of original or duplicate registration documents and for the transfer or renewal of registration documents, the department may implement either or both of the following procedures to be provided by the department and any agents appointed under par. (f) 2.:

a. A procedure under which the department or an agent appointed under par. (f) 2. accepts applications for registration documents and issues temporary operating receipts at the time applicants submit applications accompanied by the required fees.

b. A procedure under which the department or an agent appointed under par. (f) 2. accepts applications for registration documents and issues to each applicant all or some of the registration documents at the time the applicant submits the application accompanied by the required fees.

2. Under either procedure under subd. 1., the department or agent shall issue to the applicant any remaining registration documents directly from the department at a later date. Any registration document issued under subd. 1. b. is sufficient to allow the vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection.

(h) Registration; supplemental fee. In addition to the applicable fee under par. (d) 1., 2., or 3. or (e) 2., when an agent appointed under par. (f) 2. accepts an application to renew registration documents, or the department accepts an application to renew registration documents through a statewide automated system, the agent or the department shall collect an issuing fee of 50 cents and a transaction fee of 50 cents each time the agent or the department issues renewal registration documents under par. (g) 1. or 2. The agent or the department shall retain the entire amount of each issuing fee and transaction fee the agent or the department collects.

(hm) Receipt of fees. All fees remitted to or collected by the department under par. (d) 1., 2., or 3. or (h) shall be credited to the appropriation account under s. 20.370 (9) (hu).

(i) Junked motorcycles. If an off-highway motorcycle is junked, the owner shall return the certificate of registration to the department marked “junked.”

(5) Registration of off-highway motorcycle dealers.

23.335(5)(a) (a) A person who is an off-highway motorcycle dealer shall register with the department and obtain from the department a commercial off-highway motorcycle certificate. Upon receipt of the required fee under par. (e) and an application form provided by the department, the department shall issue the applicant a commercial off-highway motorcycle certificate and 3 accompanying decals.

(b) A commercial off-highway motorcycle certificate is valid for 2 years.

(c) A person who is required to obtain a commercial off-highway motorcycle certificate under par. (a) shall attach in a clearly visible place a plate or sign that is removable and temporarily but firmly mounted to any off-highway motorcycle that the person offers for sale or otherwise allows to be used whenever the off-highway motorcycle is being operated. A decal issued by the department under par. (a) shall be affixed to the plate or sign.

(d) If a certificate or decal that was issued under par. (a) is lost or destroyed, the holder of the certificate or decal may apply for a duplicate on a form provided by the department. Upon receipt of the application and the required fee under par. (e), the department shall issue a duplicate certificate or decal to the applicant.

(e) The fee for the issuance or renewal of a commercial off-highway motorcycle certificate with 3 accompanying decals is $90. The fee for additional decals is $30 for each decal. The fee for the issuance of a duplicate commercial off-highway motorcycle certificate is $5. The fee for each duplicate decal is $2.

(f) A commercial off-highway motorcycle certificate may not be transferred.

(g) Any off-highway motorcycle dealer or creditor may offer or sell guaranteed asset protection waivers in connection with the retail sale or lease of off-highway motorcycles in this state if the dealer or creditor complies with the same requirements applicable with respect to motor vehicles under s. 218.0148. Any guaranteed asset protection waiver offered or sold under this paragraph shall be treated the same as one offered or sold under s. 218.0148, including that the guaranteed asset protection waiver is not insurance.

(h) All fees remitted to or collected by the department under par. (e) shall be credited to the appropriation account under s. 20.370 (9) (hu).

(5m) Alterations and falsifications prohibited.

23.335(5m)(a) (a) No person may intentionally do any of the following:

1. Make a false statement on an application for a registration issued under sub. (2).

2. Alter, remove, or change any number or other character in an engine serial number.

3. Alter, remove or change any number or other character in a vehicle identification number.

(b) No person may do any of the following:

1. Manufacture a vehicle identification number tag that the person knows to contain false information to be placed on an off-highway motorcycle that is manufactured on or after October 1, 2016.

2. Place a vehicle identification number tag that the person knows to be false on an off-highway motorcycle.

(6) Nonresident trail passes.

(a) In this subsection, “temporary trail use receipt” means a receipt issued by the department or an agent under this subsection that shows that an application and the required fees for a nonresident trail pass for off-highway motorcycle operation have been submitted to the department or an agent appointed under par. (e) 1.

(am) Except as provided in pars. (b) and (f), no person may operate an off-highway motorcycle on an off-highway motorcycle corridor unless a nonresident trail pass for off-highway motorcycle operation is issued by the department to the person and the pass is permanently affixed on the exterior of the motorcycle where it is clearly visible or the person is carrying proof of a valid temporary trail use receipt.

(b) An off-highway motorcycle that is registered under sub. (3) or that is exempt from registration under sub. (2) (b) 2., 3., or 4. is exempt from having a nonresident trail pass or temporary trail use receipt. The department may promulgate a rule to provide additional exemptions from the requirement of being issued a nonresident trail pass or from having to pay a fee for the pass. The department may promulgate a rule to exempt off-highway motorcycles that are exempt from registration under sub. (2) (b) 5. from having nonresident trail passes or temporary trail use receipts displayed as required under par. (am) or may promulgate a rule to exempt owners of such vehicles from having to pay any applicable nonresident trail pass fee.

(c) There is no fee for a nonresident trail pass issued for an off-highway motorcycle that is registered under s. 23.35. The department or Indian tribe or band shall issue a nonresident trail pass for such an off-highway motorcycle when it issues the registration certificate for the motorcycle. The department shall provide Indian tribes or bands that register off-highway motorcycles under s. 23.35 with a supply of trail passes.

(d) The fee for an annual nonresident trail pass is $34.25. The fee for a 5-day nonresident trail pass is $19.25. Annual trail passes expire on March 31 of each year.

(e)

1. The department may appoint any person who is not an employee of the department as the department’s agent to issue temporary trail use receipts and collect the fees for these receipts.

2. Any person, including the department, who issues a nonresident trail pass or a temporary trail use receipt shall collect in addition to the fee under par. (d) an issuing fee of 75 cents. An agent appointed under subd. 1. may retain 50 cents of the issuing fee to compensate the agent for the agent’s services in issuing the temporary trail use receipt.

3. The department shall establish, by rule, procedures for issuing nonresident trail passes and temporary trail use receipts, and the department may promulgate rules regulating the activities of persons who are appointed to be agents under this paragraph.

(f) A person may operate an off-highway motorcycle off the highways in this state during the first full weekend in June of each year without having a nonresident trail pass or temporary trail use receipt as required under par. (am).

(7) Rental of limited use off-highway motorcycles.

23.335(7)(a) (a) No person who is engaged in the rental or leasing of limited use off-highway motorcycles to the public may do any of the following:

1. Rent or lease a limited use off-highway motorcycle for operation by a person who will be operating the limited use off-highway motorcycle for the first time unless the person engaged in the rental or leasing gives the person instruction on how to operate the limited use off-highway motorcycle.

2. Rent or lease a limited use off-highway motorcycle to a person under 12 years of age.

3. Rent or lease a limited use off-highway motorcycle without first ascertaining that any person under the age of 18 who will be on the vehicle has protective headgear of the type required under s. 347.485 (1) (a).

(b) A person who is engaged in the rental or leasing of limited use off-highway motorcycles to the public shall have clean, usable protective headgear available for rent in sufficient quantity to provide headgear to all persons under the age of 18 who will be on the limited use off-highway motorcycles that the person rents or leases.

(8) Use of protective headgear.

(a) Off highway. No person may operate an off-highway motorcycle on an off-highway motorcycle corridor, or be a passenger on an off-highway motorcycle that is being operated on an off-highway motorcycle corridor, without wearing protective headgear of the type required under s. 347.485 (1) (a), with the chin strap properly fastened, unless one of the following applies:

1. The person is at least 18 years of age.

2. The person is traveling for the purpose of hunting or fishing and is at least 12 years of age.

3. The off-highway motorcycle is being operated for an agricultural purpose.

(b) On highway. No person may operate a limited use off-highway motorcycle on an off-highway motorcycle route or in an area where operation is authorized under sub. (10) (a) or (11) (a), or be a passenger on an off-highway motorcycle that is being operated on such a route or in such an area, without wearing protective headgear of the type required under s. 347.485 (1) (a), with the chin strap properly fastened, unless the person is at least 18 years of age.

(c) On corridors and routes. No person may operate or be a passenger on an off-highway motorcycle that is being operated on an off-highway motorcycle corridor or on an off-highway motorcycle route without wearing glasses, wearing goggles, or wearing a protective face shield that is attached to headgear approved by the department.

(9) Rules of operation.

(a) No person who is operating an off-highway motorcycle off a highway may do any of the following:

1. Operate the off-highway motorcycle in any careless way so as to endanger another person or the property of another.

2. Operate the off-highway motorcycle at a rate of speed that is unreasonable under the circumstances.

3. Operate the off-highway motorcycle on private property without the consent of the owner or lessee. Failure to post private property does not imply consent for off-highway motorcycle use.

4. Operate the off-highway motorcycle on public property that is posted as closed to off-highway motorcycle operation or on which the operation of an off-highway motorcycle is prohibited by law.

5. Operate the off-highway motorcycle on Indian lands without the consent of the tribal governing body or Indian owner. Failure to post Indian lands does not imply consent for off-highway motorcycle use.

6. Operate the off-highway motorcycle at a speed exceeding 10 miles per hour, if the off-highway motorcycle is within 100 feet of a fishing shanty.

7. Operate the off-highway motorcycle at a speed exceeding 10 miles per hour, if the off-highway motorcycle is within 150 feet of a dwelling. The speed limit specified in this subsection does not apply to a person operating an off-highway motorcycle on a roadway that is designated as an off-highway motorcycle route.

8. Operate the off-highway motorcycle on the frozen surface of public waters or on an off-highway motorcycle trail at a speed exceeding 10 miles per hour or without yielding the right-of-way when within 100 feet of another person who is not operating a motor vehicle, an all-terrain vehicle, a utility terrain vehicle, an off-highway motorcycle, or a snowmobile.

9. Operate the off-highway motorcycle to drive or pursue any animal except as part of normal farming operations involving livestock.

10. Operate the off-highway motorcycle in a manner which violates rules promulgated by the department. This subdivision does not authorize the department to promulgate or enforce a rule that imposes a speed restriction that is more stringent than a speed restriction specified under this paragraph.

(b) The speed restrictions under par. (a) 6. and 8. do not apply to a race or derby sponsored by a local governmental unit, by an off-highway motorcycle association, or by a similar organization that is approved by a local governmental unit if the sponsor of the race or derby marks the race or derby route or track to warn spectators from entering the route or track.

(c)

1. The distance restriction under par. (a) 8. does not apply to persons who are assisting in directing a race or derby sponsored by a local governmental unit, by an off-highway motorcycle association, or by a similar organization that is approved by a local governmental unit.

2. The distance restriction under par. (a) 8. does not apply if the person who is not operating the motor vehicle, all-terrain vehicle, utility terrain vehicle, off-highway motorcycle, or snowmobile gives his or her consent to have the person operating the off-highway motorcycle at a closer distance.

(10) Operation on highways; limited use motorcycles.

23.335(10)(a) (a) Generally. No person may operate a limited use off-highway motorcycle on the roadway portion of any highway unless one of the following applies:

1. Operation on the roadway is necessary to cross the roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the limited use off-highway motorcycle prior to entering the crossing and yields the right-of-way to any other vehicles, pedestrians, electric scooters, or electric personal assistive mobility devices that are using the roadway.

2. Operation on the roadway is necessary to cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to off-highway motorcycle traffic. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the limited use off-highway motorcycle prior to entering the crossing and yields the right-of-way to any other vehicles, pedestrians, electric scooters, or electric personal assistive mobility devices that are using the roadway.

2m. Operation is on the roadway or shoulder for the purpose of crossing a bridge that is 1,000 feet in length or less if the operation is in compliance with a county ordinance adopted under sub. (21) (am) that applies to that bridge and a city, village, or town ordinance adopted under sub. (21) (am) that applies to that bridge.

3. Operation is on a roadway which is not maintained, or is only minimally maintained, on a seasonal basis for motor vehicle traffic. Such operation is authorized only during the seasons when no maintenance occurs and only if the roadway is not officially closed to off-highway motorcycle traffic.

4. Operation is on a roadway that is an off-highway motorcycle route. Such operation is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.

5. The operator of the limited use off-highway motorcycle is a person who holds a Class A permit or a Class B permit under s. 29.193 (2) and who is traveling for the purpose of hunting or is otherwise engaging in an activity authorized by the permit.

6. The limited use off-highway motorcycle is registered for private use under sub. (3) and is being used exclusively as an implement of husbandry or for agricultural purposes. Such operation is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.

7. The roadway part of the highway is blocked off for a special off-highway motorcycle event as authorized under par. (b).

(b) Off-highway motorcycle events. A local governmental unit may block off highways under its jurisdiction for the purpose of allowing special off-highway motorcycle events. No state trunk highway or connecting highway, or part thereof, may be blocked off by any local governmental unit for any off-highway motorcycle event. A local governmental unit shall notify the local police department and the county sheriff’s office at least one week in advance of the time and place of any off-highway motorcycle event that may result in any street, or part thereof, of the local governmental unit being blocked off.

(c) Freeways. No person may operate a limited use off-highway motorcycle on any part of any freeway which is a part of the federal system of interstate and defense highways under any circumstances. No person may operate a limited use off-highway motorcycle on any part of any other freeway unless the department of transportation authorizes the use of limited use off-highway motorcycles on that freeway.

(11) Operation adjacent to roadway.

23.335(11)(a) (a) Location of operation.

1. A person may operate an off-highway motorcycle adjacent to a roadway of a city, village, or town highway that is designated as an off-highway motorcycle route or an off-highway motorcycle trail without any restriction on how close the off-highway motorcycle is to the roadway.

2. A person may operate an off-highway motorcycle adjacent to a roadway of a U.S. numbered highway, a state highway, or a county highway that is designated an off-highway motorcycle route or an off-highway motorcycle trail provided that the operation occurs at a distance of 10 or more feet from the roadway or such greater distance as is reasonably necessary in order to avoid an obstruction. Travel on the median of a divided highway is prohibited except to cross.

(b) Direction of operation.

1. Except as provided in subd. 2., a person may operate an off-highway motorcycle on an off-highway motorcycle route or off-highway motorcycle trail adjacent to a roadway only in the same direction as motor vehicle traffic in the nearest lane.

2. A person may operate the off-highway motorcycle in either direction if any of the following applies:

a. The off-highway motorcycle is being operated during hours of daylight.

b. The off-highway motorcycle is being operated during hours of darkness and the off-highway motorcycle route or off-highway motorcycle trail is located at least 40 feet from the roadway or is separated from the roadway by a head lamp barrier.

(c) Other limitation. A person operating an off-highway motorcycle on an off-highway motorcycle route or off-highway motorcycle trail adjacent to a roadway shall comply with the speed limits of the adjacent roadway and with rules promulgated by the department and approved by the department of transportation.

(12) Intoxicated operation.

(a) Operation.

1. No person may operate an off-highway motorcycle while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of the off-highway motorcycle.

2. No person may engage in the operation of an off-highway motorcycle while the person has an alcohol concentration of 0.08 or more.

2m. No person may engage in the operation of an off-highway motorcycle while the person has a detectable amount of a restricted controlled substance in his or her blood.

3. If a person has not attained the age of 21, the person may not engage in the operation of an off-highway motorcycle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.

4. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the person is found guilty of any combination of subd. 1., 2., or 2m. 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 sub. (23) (c) 2. and 3. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which the others do not require.

5. In an action under subd. 2m. 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.

(b) Operation causing injury.

1. No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an off-highway motorcycle may cause injury to another person by the operation of an off-highway motorcycle.

2. No person who has an alcohol concentration of 0.08 or more may cause injury to another person by the operation of an off-highway motorcycle.

2m. No person who has a detectable amount of a restricted controlled substance in his or her blood may cause injury to another person by the operation of an off-highway motorcycle.

3. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 2m. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of subd. 1., 2., or 2m. 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 sub. (23) (c) 2. and 3. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which the others do not require.

4. In an action under this paragraph, 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 even if he or she had not been under the influence of an intoxicant to a degree which rendered him or her incapable of safe operation, did not have an alcohol concentration of 0.08 or more, or did not have a detectable amount of a restricted controlled substance in his or her blood.

(c) Implied consent. Any person who engages in the operation of an off-highway motorcycle upon the public highways of this state, or in those areas enumerated in par. (d), is considered to have given consent to provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis as required under pars. (f) and (g). Any person who engages in the operation of an off-highway motorcycle within this state is considered to have given consent to submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis as required under pars. (f) and (g).

(d) Applicability of law. The intoxicated operation of an off-highway motorcycle law applies to all of the following:

1. The operation of an off-highway motorcycle on any off-highway motorcycle corridor or any off-highway motorcycle route.

2. The operation of any off-highway motorcycle on other premises or areas located off the highways that are held out to the public for the recreational use of off-highway motorcycles whether such premises or areas are publicly or privately owned and whether or not a fee is charged for the use of an off-highway motorcycle.

3. The operation of a limited use off-highway motorcycle on a highway as authorized under sub. (10).

4. The operation of an off-highway motorcycle adjacent to a highway as authorized under sub. (11).

(e) Preliminary breath screening.

1. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated operation of an off-highway motorcycle law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.

2. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated operation of an off-highway motorcycle law or for the purpose of deciding whether or not to request a chemical test under par. (f). Following the preliminary breath screening test, chemical tests may be required of the person under par. (f).

3. The result of a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to show that a chemical test was properly required of a person under par. (f).

4. There is no penalty for a violation of subd. 1. Subsection (23) (a) and the general penalty provision under s. 939.61 do not apply to the violation.

(f) Chemical tests; requirement.

1. A person shall provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an off-highway motorcycle law and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an off-highway motorcycle law and if he or she is requested to submit to the test by a law enforcement officer.

2. A law enforcement officer requesting a person to provide a sample or to submit to a chemical test under subd. 1. shall inform the person of all of the following at the time of the request and prior to obtaining the sample or administering the test:

a. That he or she is deemed to have consented to tests under par. (c).

b. That a refusal to provide a sample or to submit to a chemical test constitutes a violation under par. (h) and is subject to the same penalties and procedures as a violation of par. (a) 1.

c. That in addition to the designated chemical test under par. (g) 2., he or she may have an additional chemical test under par. (g) 4.

3. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated operation of an off-highway motorcycle law, one or more chemical tests may be administered to the person without a request under subd. 1. and without providing information under subd. 2.

(g) Chemical tests; procedures.

1. Upon the request of a law enforcement officer, a test facility shall administer a chemical test of breath, blood, or urine for the purpose of authorized analysis. A test facility shall be prepared to administer 2 out of 3 of these tests for the purpose of authorized analysis. The department may enter into agreements for the cooperative use of test facilities.

2. A test facility shall designate one chemical test of breath, blood, or urine which it is prepared to administer first as the primary test for the purpose of authorized analysis.

3. A test facility shall designate another chemical test of breath, blood, or urine, other than the test designated under subd. 2., which it is prepared to administer as an additional chemical test for the purpose of authorized analysis.

4. If a person is arrested for a violation of the intoxicated operation of an off-highway motorcycle law or is the operator of an off-highway motorcycle involved in an accident resulting in great bodily harm to or the death of someone and if the person is requested to provide a sample or to submit to a test under par. (f) 1., the person may request the test facility to administer the additional chemical test specified under subd. 3. or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis.

5. If a person is arrested for a violation of the intoxicated operation of an off-highway motorcycle law and if the person is not requested to provide a sample or to submit to a test under par. (f) 1., the person may request the test facility to administer a chemical test of his or her breath or may request, at his or her own expense, a reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the chemical test designated under subd. 2. or the additional chemical test designated under subd. 3.

6. A test facility shall comply with a request under this paragraph to administer any chemical test it is able to perform.

7. The failure or inability of a person to obtain a chemical test at his or her own expense does not preclude the admission of evidence of the results of a chemical test required and administered under this paragraph or par. (f).

8. A chemical test of blood or urine conducted for the purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of the laboratory of hygiene, department of health services, and department of transportation under s. 343.305 (6) apply to a chemical test of blood or urine conducted for the purpose of authorized analysis under this paragraph and par. (f). Blood may be withdrawn from a person arrested for a violation of the intoxicated operation of an off-highway motorcycle law only by a physician, registered nurse, medical technologist, physician assistant, phlebotomist, or other medical professional who is authorized to draw blood, or person acting under the direction of a physician, and the person who withdraws the blood, the employer of that person, and any hospital where blood is withdrawn have immunity from civil or criminal liability as provided under s. 895.53.

9. A test facility which administers a chemical test of breath, blood, or urine for the purpose of authorized analysis under this paragraph and par. (f) shall prepare a written report which shall include the findings of the chemical test, the identification of the law enforcement officer or the person who requested a chemical test, and the identification of the person who provided the sample or submitted to the chemical test. The test facility shall transmit a copy of the report to the law enforcement officer and the person who provided the sample or submitted to the chemical test.

(h) Chemical tests; refusal. No person may refuse a lawful request to provide one or more samples of his or her breath, blood, or urine or to submit to one or more chemical tests under par. (f). A person shall not be considered to have refused to provide a sample or to submit to a chemical test if it is shown by a preponderance of the evidence that the refusal was due to a physical inability to provide the sample or to submit to the test due to a physical disability or disease unrelated to the use of an intoxicant. Issues in any action concerning violation of par. (f) or this paragraph are limited to the following:

1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated the intoxicated operation of an off-highway motorcycle law.

2. Whether the person was lawfully placed under arrest for violating the intoxicated operation of an off-highway motorcycle law.

3. Whether the law enforcement officer requested the person to provide a sample or to submit to a chemical test and provided the information required under par. (f) 2. or whether the request and information was unnecessary under par. (f) 3.

4. Whether the person refused to provide a sample or to submit to a chemical test.

(i) Chemical tests; effect of test results. The results of a chemical test required or administered under par. (f) or (g) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated operation of an off-highway motorcycle law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. Paragraphs (f) to (h) do not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

(j) Report of arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated operation of an off-highway motorcycle law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

(k) Release of persons arrested.

1. A person arrested for a violation of the intoxicated operation of the off-highway motorcycle law may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under par. (a) 1. or 2. shows that the person has an alcohol concentration of 0.05 or less, except as provided in subd. 2.

2. A person arrested for a violation of the intoxicated operation of the off-highway motorcycle law may be released to his or her attorney, spouse, relative, or other responsible adult at any time after arrest.

(L) Public education program.

1. The department shall promulgate rules to provide for a public education program to:

a. Inform off-highway motorcycle operators of the prohibitions and penalties included in the intoxicated operation of an off-highway motorcycle law.

b. Provide for the development of signs briefly explaining the intoxicated operation of an off-highway motorcycle law.

2. The department shall develop and issue an educational pamphlet on the intoxicated operation of an off-highway motorcycle law to be distributed to persons issued off-highway motorcycle registration certificates under sub. (3).

(13) Age restrictions; safety certificate requirements.

(a) Under 12 years of age. A person who is under 12 years of age may not operate an off-highway motorcycle on a roadway under any circumstances and may not operate an off-highway motorcycle off a roadway unless he or she is accompanied by a parent or guardian or by a person who is at least 18 years of age who has been designated by the parent or guardian.

(b) At least 12 years of age. No person who is at least 12 years of age and born after January 1, 1998, may operate an off-highway motorcycle off the highways unless the person holds a valid certificate issued by the department under sub. (14) or by another state or a province of Canada.

(bg) Proof required. Any person who is required under sub. (13) to hold a safety certificate while operating an off-highway motorcycle shall carry proof that the person holds a valid safety certificate and shall display that proof to a law enforcement officer on request.

(br) Operation during safety certification program. Persons enrolled in a safety certification program under sub. (14) may operate an off-highway motorcycle in an area designated by the instructor.

1. The restrictions under pars. (a) and (b) do not apply to the operation of an off-highway motorcycle on private property if the owner of the property has given consent for the operation and does not hold the property out to the public for use of off-highway motorcycles.

2. The restriction under par. (a) does not apply to a person who is operating a limited use off-highway motorcycle at an off-highway motorcycle event sponsored by a local governmental unit, by an off-highway motorcycle association, or by a similar organization that is approved by a local governmental unit, who is wearing protective headgear in compliance with sub. (8) (a) or (b), and who is accompanied by a person who is at least 18 years of age or a parent or guardian.

(14) Safety certification program. The department shall establish or supervise the establishment of a program of instruction on laws related to the operation of off-highway motorcycles for recreational purposes off the highways. The program shall include instruction on the intoxicated operation of an off-highway motorcycle law, safety, and related subjects. The department shall establish by rule an instruction fee for this program. All or part of this program may be conducted by means of online instruction. The department shall issue certificates to persons successfully completing the program. An instructor conducting the program of instruction under this subsection shall collect the fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50 percent, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.

(15) Safety grant program.

(a) The department shall establish a program to award grants to organizations that meet the eligibility requirements under par. (b).

(b) To be eligible for a grant under this subsection, an organization shall meet all of the following requirements:

1. The organization is a nonstock corporation organized in this state.

2. The organization promotes the off-highway operation of off-highway motorcycles in a manner that is safe and responsible and that does not harm the environment.

3. The organization promotes the off-highway operation of off-highway motorcycles in a manner that does not conflict with the laws, rules, and departmental policies that are applicable to the operation of off-highway motorcycles.

4. The interest of the organization is limited to the recreational operation of off-highway motorcycles on off-highway motorcycle trails, off-highway motorcycle routes, and other areas that are off the highways.

5. The organization provides support to off-highway motorcycle clubs.

(c) An organization receiving a grant under this subsection shall use the grant moneys to promote and provide support to the safety certification program established under sub. (14) by conducting activities that include all of the following:

1. Collecting data on the recreational off-highway operation of off-highway motorcycles.

2. Providing assistance to the department in locating, recruiting, and training instructors for the safety certification program established under sub. (14).

3. Attempting to increase participation by current and future off-highway motorcycle operators and owners in the safety certification program established under sub. (14).

4. Assisting the department of natural resources and the department of tourism in creating an outreach program to inform local communities of appropriate recreational off-highway use of off-highway motorcycles in their communities and of the economic benefits that may be gained from promoting tourism to attract persons who will participate in the recreational off-highway use of off-highway motorcycles.

5. Attempting to improve and maintain its relationship with all of the following:

a. The department of natural resources and the department of tourism.

b. Off-highway motorcycle dealers and manufacturers of off-highway motorcycles.

c. All-terrain vehicle dealers, as defined in s. 23.33 (1) (bd), and all-terrain vehicle manufacturers, as defined in s. 23.33 (1) (bp).

d. Snowmobile clubs, as defined in s. 350.138 (1) (e), snowmobile alliances, as defined in s. 350.138 (1) (d), and other organizations that promote the recreational operation of snowmobiles.

6. Recruiting, assisting in the training of, and providing support to, a corps of volunteers that will assist in providing instruction on the safe and responsible off-highway operation of off-highway motorcycles that is given in the field to operators of off-highway motorcycles.

7. Assist the department in publishing a manual that will be used to train volunteers in monitoring the recreational off-highway operation of off-highway motorcycles for safety issues and other issues that relate to responsible operation.

(d) The department shall pay the grants from the appropriation under s. 20.370 (9) (jq).

(17) Equipment requirements.

(a) No person may operate a limited use off-highway motorcycle during hours of darkness unless it is equipped with a lighted headlamp and a lighted tail lamp. The headlamp is required to display a white light of sufficient illuminating power to reveal any person, vehicle, or substantial object at a distance of at least 200 feet ahead of the off-highway motorcycle. The tail lamp is required to display a red light plainly visible from a distance of 500 feet to the rear.

(b) No person may operate a limited use off-highway motorcycle unless it is equipped with all of the following:

1. At least one brake operated either by hand or by foot.

2. Foot rests or pegs for the operator and any passenger.

3. A functioning spark arrester of a type approved by the U.S. forest service.

4. A functioning muffler unless the off-highway motorcycle is propelled by electric power.

(c) No person may operate a limited use off-highway motorcycle unless the limited use off-highway motorcycle is constructed in such a manner that noise emitted from the limited use off-highway motorcycle does not exceed 96 decibels on the A scale as measured in the manner required under rules promulgated by the department.

(d) Paragraphs (a) to (c) do not apply to the operation of a limited use off-highway motorcycle on private property if the owner of the property has given consent for the operation and does not hold the property out to the public for use of off-highway motorcycles.

(e) Paragraphs (b) 3. and (c) do not apply to the operation of a limited use off-highway motorcycle that is operated in racing on a public raceway facility or as part of a special public off-highway motorcycle event as authorized under sub. (10) (b).

(18) Accidents.

(a) If an operator of an off-highway motorcycle is involved in an accident that occurs off a highway and that results in the death of any person or in the injury of any person on public land that requires treatment by a physician, the operator of each off-highway motorcycle involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible. Each operator shall also file a written report of the accident with the department on the form provided by it within 10 days after the accident.

(b) If an operator of an off-highway motorcycle is physically incapable of making the report required under par. (a) and there was another witness to the accident capable of making the report, the witness may make the report.

(19) Trails and routes.

(a) Department authority. The department shall encourage, develop, and supervise a system of off-highway motorcycle trails and off-highway motorcycle routes. The department may establish standards and procedures for designating off-highway motorcycle trails and off-highway motorcycle routes under the jurisdiction of the department.

(b) Trails. A local governmental unit or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements, or permission, for recreational use as off-highway motorcycle trails. A designation may include all or a portion of an all-terrain vehicle trail.

(c) Routes. A local governmental unit may designate highways as off-highway motorcycle routes. No state trunk highway or connecting highway may be designated as an off-highway motorcycle route unless the department of transportation approves the designation.

(d) Restrictions. The designating local governmental unit may specify effective periods for the use of off-highway motorcycle trails and off-highway motorcycle routes and may restrict or prohibit the operation of off-highway motorcycles during certain periods of the year.

(e) Signs. The department, in cooperation with the department of transportation, shall establish uniform signs and standards for off-highway motorcycle routes and off-highway motorcycle trails.

(f) Interference with signs and standards prohibited.

23.335(19)(f)1. 1. No person may intentionally remove, damage, deface, move, obstruct, or interfere with the effective operation of any uniform off-highway motorcycle route sign or standard or any uniform off-highway motorcycle trail sign or standard if the sign or standard is legally placed by the state, any local governmental unit, or any authorized individual.

2. No person may possess any uniform off-highway motorcycle route sign or standard or any uniform off-highway motorcycle trail sign or standard of the type established by the department for the warning, instruction, or information of the public unless he or she obtained the uniform sign or standard in a lawful manner. Possession of a uniform sign or standard creates a rebuttable presumption of illegal possession.

(20) Enforcement activities and projects; funding.

23.335(20)(a) (a) Calculation of registration fees. Before January 1 of each fiscal year, the department shall determine the total amount of fees received from the registration of off-highway motorcycles under subs. (4) (d) and (e) and (5) (e) in the previous fiscal year.

(b) Off-highway motorcycle projects. The department may use funding from the appropriation under s. 20.370 (9) (jq) for off-highway motorcycle projects that are undertaken by the state or by local governmental units. Any of the following types of off-highway motorcycle projects are eligible for funding:

1. Acquisition of an easement or land in fee simple.

2. An off-highway motorcycle facility such as a parking area, riding area, shelter, toilets, or other improvement.

3. Development of off-highway motorcycle routes or off-highway motorcycle trails.

4. Development or maintenance of an all-terrain vehicle trail, all-terrain vehicle route, or all-terrain vehicle facility or a snowmobile trail, snowmobile route, or snowmobile facility, if the trail, route, or facility is open for use by off-highway motorcycles.

5. Maintenance of off-highway motorcycle trails and off-highway motorcycle routes, including routes on roadways that are not maintained or only minimally maintained for motor vehicle traffic on a seasonal basis.

6. Purchase of liability insurance.

(c) Priorities. In providing funding for the types of projects listed in par. (b), the department shall give higher overall priority to projects for facilities and trails that are open only for use by off-highway motorcycles. In determining which off-highway motorcycle projects will be provided funding, the department shall consider all of the following:

1. The distance of a proposed off-highway project from a comparable existing project.

2. The amount of interest demonstrated by a community in developing or maintaining an off-highway motorcycle project.

3. The amount of support demonstrated by a local governmental unit in which the project will be located.

4. The number of existing trails, routes, and facilities that are open to off-highway motorcycles or that are in the process of being developed.

(d) Signs. In addition to the types of projects listed in par. (b), the department may provide funding under this subsection to a local governmental unit for up to 100 percent of the cost of placing signs developed under sub. (12) (L) 1. b.

(e) Charging of fees. A local governmental unit that has not received funding under par. (b) in the prior fiscal year may charge a seasonal or daily use fee for an off-highway motorcycle area operated by the local governmental unit.

(21) Local ordinances.

(a) Any local governmental unit may enact an ordinance that is in strict conformity with this section and rules promulgated by the department under this section, if the ordinance encompasses all aspects encompassed by this section.

(am) A county, city, village, or town may enact an ordinance to authorize the operation of limited use off-highway motorcycles on a highway bridge that is not part of the national system of interstate and defense highways, that is 1,000 feet in length or less, and that is located within the territorial boundaries of the county, city, village, or town regardless of whether the county, city, village, or town has jurisdiction over the highway. Any such ordinance shall require a person crossing a bridge to do all of the following:

1. Cross the bridge in the most direct manner practicable and at a place where no obstruction prevents a quick and safe crossing.

2. Stay as far to the right of the roadway or shoulder as practicable.

3. Stop the vehicle prior to the crossing.

4. Yield the right-of-way to other vehicles, pedestrians, electric scooters, and electric personal assistive mobility devices using the roadway or shoulder.

5. Exit the highway as quickly and safely as practicable after crossing the bridge.

(b) If a local governmental unit enacts an ordinance regulating off-highway motorcycles, its clerk shall immediately send a copy of the ordinance to the department, to the state traffic patrol, and to the office of any law enforcement agency of each local governmental unit having jurisdiction over any of the highways to which the ordinance applies.

(22) Enforcement.

(a) A law enforcement officer has the authority and jurisdiction to enforce this section and ordinances enacted in accordance with this section.

(b) No operator of an off-highway motorcycle may refuse to stop after being requested or signaled to do so by a law enforcement officer.

(23) Penalties.

(a) Generally. Except as provided in pars. (b) to (f), any person who violates this section shall forfeit not more than $250.

(b) Penalty related to nonresident trail passes. Any person who violates sub. (6) (am) shall forfeit not more than $1,000.

23.335(23)(c)1. 1. Except as provided under subds. 2., 3., and 4., a person who violates sub. (12) (a) 1., 2., or 2m. or (h) shall forfeit not less than $150 nor more than $300.

2. Except as provided under subds. 3. and 4., a person who violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an off-highway motorcycle law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months.

3. Except as provided in subd. 4., a person who violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an off-highway motorcycle law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

4. A person who violates sub. (12) (a) 3. or (h) and who has not attained the age of 21 shall forfeit not more than $50.

(d) Penalty related to causing injury; intoxicants. A person who violates sub. (12) (b) shall be fined not less than $300 nor more than $2,000 and may be imprisoned not less than 30 days nor more than one year in the county jail.

(e) Penalty related to interference with signs and standards. Except as provided in par. (f), a person who violates sub. (19) (f) and who, within the last 2 years prior to the arrest for the current violation, was 2 or more times previously convicted for violating a provision of this chapter shall forfeit not more than $500.

(f) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (19) (f) 1. is guilty of a Class H felony if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

(g) Calculation of previous convictions. In determining the number of previous convictions under pars. (c) 2. and 3. and (e), convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

(h) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an off-highway motorcycle law, the clerk of the court in which the conviction occurred, or the justice, judge, or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.

(i) Intoxicants; assessment. In addition to any other penalty or order, a person who violates sub. (12) (a), (b), or (h) shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person’s use of an intoxicant. The assessment order shall comply with s. 343.30 (1q) (c) 1. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

(j) Restoration or replacement of signs and standards. In addition to any other penalty, the court may order the defendant to restore or replace any uniform off-highway motorcycle route sign or standard, or any uniform off-highway motorcycle trail sign or standard, that the defendant removed, damaged, defaced, moved, or obstructed.

Previous section

Next section

Chapter 23 Contents