Wis. Stat. § 23.33 — WI Code / Chapter 23 / Section 23.33
All-terrain vehicles and utility terrain vehicles.
Status: in_force

(1) Definitions. As used in this section:

(a) “Accompanied” means being subject to continuous verbal direction or control.

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

(am) “Alcohol beverages” has the meaning specified under s. 125.02 (1) .

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

(b) “All-terrain vehicle” has the meaning specified under s. 340.01 (2g) .

(bc) “All-terrain vehicle club” means a club consisting of individuals that promotes the recreational use of all-terrain vehicles.

(bd) “All-terrain vehicle dealer” means a person engaged in the sale of all-terrain vehicles for a profit at wholesale or retail.

(bh) “All-terrain vehicle distributor” means a person who sells or distributes all-terrain vehicles to all-terrain vehicle dealers or who maintains distributor representatives.

(bp) “All-terrain vehicle manufacturer” means a person engaged in the manufacture of all-terrain vehicles for sale to the public.

(bt) “All-terrain vehicle renter” means a person engaged in the rental or leasing of all-terrain vehicles to the public.

(c) “All-terrain vehicle route” means a highway or sidewalk designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction as authorized under this section.

(d) “All-terrain vehicle trail” means a marked corridor on public property, in a highway right-of-way, or on private lands subject to public easement or lease, designated for use by all-terrain vehicle operators by the governmental agency having jurisdiction, but excluding roadways of highways except those roadways that are seasonally not maintained for motor vehicle traffic.

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

(e) “Controlled substance” has the meaning specified under s. 961.01 (4) .

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

(fc) “Dune buggy” means a motor driven device originally manufactured with, or modified to have, an open-frame construction, seats in which occupants sit close to the ground, and off-road tires designed for travel in sand.

(fe) “Federal agency” means the United States, any department of the United States, or any corporation, agency, or instrumentality that is created, designated, or established by the United States.

(fm) “Golf cart” means a vehicle whose speed attainable in one mile does not exceed 20 miles per hour on a paved, level surface, and that is designed and intended to convey one or more persons and equipment to play the game of golf in an area designated as a golf course.

(gb) “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.

(gm) “Hybrid trail” means an all-terrain vehicle trail and all-terrain vehicle route combination that allows all-terrain vehicles and motor vehicles to use the same linear surface and the combination is used to connect one all-terrain vehicle trail to another all-terrain vehicle trail or services.

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

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

(ic) “Intoxicated operation of an all-terrain or utility terrain vehicle law” means sub. (4c) or a local ordinance in conformity therewith or, if the operation of an all-terrain or utility terrain vehicle is involved, s. 940.09 or 940.25 .

(id) “Lac du Flambeau band” means the Lac du Flambeau band of Lake Superior Chippewa.

(ie) “Lac du Flambeau reservation” means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

(if) “Land under the management and control of the person’s immediate family” means land owned or leased by the person or a member of the person’s immediate family over which the owner or lessee has management and control. This term excludes land owned or leased by an organization of which the person or a member of the person’s immediate family is a member.

(ig) “Law enforcement officer” has the meaning specified under s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1) .

(ik) “Low pressure tire” has the meaning given in s. 340.01 (27g) .

(im) “Low-speed vehicle” has the meaning given in s. 340.01 (27h) .

(ip) “Mini-truck” means a motor truck, as defined in s. 340.01 (34) , having a top speed of not more than 60 miles per hour, and that is all of the following:

1. Powered by an internal combustion engine with a piston or rotor displacement of not less than 660 cubic centimeters.

2. Not more than 60 inches wide.

3. Not more than 1,600 pounds in dry, unloaded weight.

4. Manufactured with a locking enclosed cab and a heated interior.

(ir) “Operate” means to exercise physical control over the speed or direction of an all-terrain vehicle or utility terrain vehicle or to physically manipulate or activate any of the controls of the vehicle necessary to put it in motion.

(it) “Operation” means the exercise of physical control over the speed or direction of an all-terrain vehicle or utility terrain vehicle or the physical manipulation or activation of any of the controls of the vehicle necessary to put it in motion.

(iw) “Operator” means a person who operates an all-terrain vehicle or utility terrain vehicle, who is responsible for the operation of an all-terrain vehicle or utility terrain vehicle or who is supervising the operation of an all-terrain vehicle or utility terrain vehicle.

(j) “Owner” means a person who has lawful possession of an all-terrain vehicle or utility terrain vehicle by virtue of legal title or equitable interest in the vehicle which entitles the person to possession of the vehicle.

(jb) “Patrol all-terrain vehicle” means an all-terrain vehicle that is owned or leased by a city, village, town, county, state agency, federal agency, federally recognized American Indian tribe, or public safety corporation, used for law enforcement, firefighting, or emergency medical response, and equipped with a siren and one or more flashing, oscillating, or rotating red lights, or red and white lights or, if the all-terrain vehicle is operated by a law enforcement officer, a blue light or a blue and white light, and a red light or a red and white light, all of which are flashing, oscillating, or rotating.

(jh) “Patrol utility terrain vehicle” means a utility terrain vehicle that is owned or leased by a city, village, town, county, state agency, federal agency, federally recognized American Indian tribe, or public safety corporation, used for law enforcement, firefighting, or emergency medical response, and equipped with a siren and one or more flashing, oscillating, or rotating red lights, or red and white lights or, if the utility terrain vehicle is operated by a law enforcement officer, a blue light or a blue and white light, and a red light or a red and white light, all of which are flashing, oscillating, or rotating.

(ji) “Preferred route” means an all-terrain vehicle route marked with signs to assist all-terrain vehicle operators in navigating to needed services such as fueling stations, restaurants, lodging, or other business establishments.

(jj) “Proof,” when used in reference to evidence of a registration document, safety certificate, trail pass, or temporary trail use receipt, means the original registration document, safety certificate, trail pass, or temporary trail use receipt issued by the department or an agent appointed under sub. (2) (i) 3. or (2j) (f) 1. or any alternative form of proof designated by rule under s. 23.47 (1) .

(jk) “Public utility” has the meaning given in s. 196.01 (5) .

(jL) “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.

(jm) “Refusal law” means sub. (4p) (e) or a local ordinance in conformity therewith.

(jn) “Registration document” means an all-terrain vehicle or utility terrain vehicle registration certificate, a temporary operating receipt, or a registration decal.

(jo) “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, as defined in s. 961.01 (4m) , 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.

(jp) “Small all-terrain vehicle” means an all-terrain vehicle that has 4 wheels and that has either an engine certified by the manufacturer at not more than 130 cubic centimeters or an equivalent power unit.

(jpm) “Small utility terrain vehicle” means a utility terrain vehicle that has 4 wheels and that has either an engine certified by the manufacturer at not more than 200 cubic centimeters or an equivalent power unit.

(jq) “Snow removal device” means an attachment designed and installed for the purpose of removing snow. An attachment under this paragraph may be a plow blade, blower, bucket, or brush.

(jqm) “State agency” means any office, department, or independent agency in the executive branch of state government.

(jr) “Temporary operating receipt” means a receipt issued by the department or an agent under sub. (2) (ig) 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. (2) (i) 3.

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