Wisconsin Motor Bicycle Law Part 1&2
- Thread starter DasKapitan
- Start date
Hey guys, good news! You can get basic bicycle insurance for 5$ a month! I will post a link for the website!! All I got to say is that no matter what the cops say to do in Wisconsin, have any kind of bicycle insurance will cover because it is technaly is a bicycle and it has insurance, I had proof of it and I have gotten away so many times now, try it ! 5$ only!
http://www.adventureadvocates.com/usacycling/finalize
http://www.adventureadvocates.com/usacycling/finalize
Unless its mandated by wis law dont buy any ins. ! Your just adding fuel to the fire for those who want the laws changed!
current statute numbers changed. the laws state the same, but they changed a few statute numbers, if your like me and like to quote statutes to police, you dont want to be quoting the wrong ones.
these statutes are current as of this month.
340.01(29m)(am)
(am) "Moped" means any of the following motor vehicles capable of speeds of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, excluding a tractor, a power source as an integral part of the vehicle and a seat for the operator:
340.01(29m)(am)1.
1. A bicycle-type vehicle with fully operative pedals for propulsion by human power and an engine certified by the manufacturer at not more than 130 cubic centimeters or an equivalent power unit.
340.01(29m)(am)2.
2. A Type 1 motorcycle with an automatic transmission and an engine certified by the manufacturer at not more than 50 cubic centimeters or an equivalent power unit.
340.01(29m)(bm)
(bm) "Moped" does not include a motor bicycle.
340.01(30)
(30) "Motor bicycle" means any of the following:
340.01(30)(a)
(a) A bicycle to which a power unit not an integral part of the vehicle has been added to permit the vehicle to travel at a speed of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind and having a seat for the operator.
340.01(30)(b)
(b) A 2-wheeled or 3-wheeled vehicle that has fully operative pedals for propulsion by human power and an electric motor of less than 750 watts and that is capable, when powered solely by the motor, of a maximum speed of less than 20 miles per hour with a 170-pound rider on a dry, level, hard surface with no wind
registration exemption
341.05 When vehicles exempt from registration. A
vehicle, even though operated upon a highway of this state, is
exempt from registration if any of the following applies
(23) The vehicle is a motor bicycle or bicycle, except as provided in s. 349.18.
rights of towns and citys on motor assisted bicycle laws
349.18 Additional traffic-control authority of counties and municipalities.
(1)Any city, village or town, by ordinance, may:
(a) Designate the number of persons that may ride on a motor bicycle at any one time and the highways upon which a motor bicycle or moped may or may not be operated.
(2)Any city, town or village may by ordinance enacted pursuant to s. 349.06 regulate the operation of bicycles and motor bicycles and may by ordinance require registration of any bicycle or motor bicycle owned by a resident of the city, town or village, including the payment of a registration fee.
(3)Any county, by ordinance, may require the registration of any bicycle or motor bicycle owned by a resident of the county if the bicycle or motor bicycle is not subject to registration under sub. (2). Such ordinance does not apply to any bicycle or motor bicycle subject to registration under sub. (2), even if the effective date of the ordinance under sub. (2) is later than the effective date of the county ordinance. A county may charge a fee for the registration.
History: 1977 c. 116, 288; 1983 a. 243, 288, 343, 538; 1985 a. 135, 197, 298, 332; 1989 a. 167; 1993 a. 246; 1995 a. 138; 1997 a. 27.
Cities and villages cannot license bicyclists, create bicycle courts, or impound bicycles in the absence of express legislative authorization. 66 Atty. Gen. 99.
*rules of the road
346.16 Use of controlled-access highways, expressways and freeways.
(2)
(a) Except as provided in par. (b), no pedestrian or person riding a bicycle or other nonmotorized vehicle and no person operating a moped or motor bicycle may go upon any expressway or freeway when official signs have been erected prohibiting such person from using the expressway or freeway.
*rules at stop lights
346.37 Traffic-control signal legend.
4. Notwithstanding subd. 1., a motorcycle, moped, motor bicycle, or bicycle facing a red signal at an intersection may, after stopping as required under subd. 1. for not less than 45 seconds, proceed cautiously through the intersection before the signal turns green if no other vehicles are present at the intersection to actuate the signal and the operator of the motorcycle, moped, motor bicycle, or bicycle reasonably believes the signal is vehicle actuated. The operator of a motorcycle, moped, motor bicycle, or bicycle proceeding through a red signal under this subdivision shall yield the right-of-way to any vehicular traffic, pedestrian, bicyclist, or rider of an electric personal assistive mobility device proceeding through a green signal at the intersection or lawfully within a crosswalk or using the intersection. This subdivision does not affect any authorization for a bicyclist under subd. 2.
*special rules for bicycles
346.79 Special rules applicable to bicycles
(1)A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
(2)
(a) Except as provided in par. (b), no bicycle may be used to carry or transport more persons at one time than the number for which it is designed.
(b) In addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child's seat or trailer designed for attachment to a bicycle if the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer.
(3)No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handle bars.
(4)No person riding a bicycle shall attach himself or herself or his or her bicycle to any vehicle upon a roadway.
(5)No person may ride a moped or motor bicycle with the power unit in operation upon a bicycle way.
these statutes are current as of this month.
340.01(29m)(am)
(am) "Moped" means any of the following motor vehicles capable of speeds of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, excluding a tractor, a power source as an integral part of the vehicle and a seat for the operator:
340.01(29m)(am)1.
1. A bicycle-type vehicle with fully operative pedals for propulsion by human power and an engine certified by the manufacturer at not more than 130 cubic centimeters or an equivalent power unit.
340.01(29m)(am)2.
2. A Type 1 motorcycle with an automatic transmission and an engine certified by the manufacturer at not more than 50 cubic centimeters or an equivalent power unit.
340.01(29m)(bm)
(bm) "Moped" does not include a motor bicycle.
340.01(30)
(30) "Motor bicycle" means any of the following:
340.01(30)(a)
(a) A bicycle to which a power unit not an integral part of the vehicle has been added to permit the vehicle to travel at a speed of not more than 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind and having a seat for the operator.
340.01(30)(b)
(b) A 2-wheeled or 3-wheeled vehicle that has fully operative pedals for propulsion by human power and an electric motor of less than 750 watts and that is capable, when powered solely by the motor, of a maximum speed of less than 20 miles per hour with a 170-pound rider on a dry, level, hard surface with no wind
registration exemption
341.05 When vehicles exempt from registration. A
vehicle, even though operated upon a highway of this state, is
exempt from registration if any of the following applies
(23) The vehicle is a motor bicycle or bicycle, except as provided in s. 349.18.
rights of towns and citys on motor assisted bicycle laws
349.18 Additional traffic-control authority of counties and municipalities.
(1)Any city, village or town, by ordinance, may:
(a) Designate the number of persons that may ride on a motor bicycle at any one time and the highways upon which a motor bicycle or moped may or may not be operated.
(2)Any city, town or village may by ordinance enacted pursuant to s. 349.06 regulate the operation of bicycles and motor bicycles and may by ordinance require registration of any bicycle or motor bicycle owned by a resident of the city, town or village, including the payment of a registration fee.
(3)Any county, by ordinance, may require the registration of any bicycle or motor bicycle owned by a resident of the county if the bicycle or motor bicycle is not subject to registration under sub. (2). Such ordinance does not apply to any bicycle or motor bicycle subject to registration under sub. (2), even if the effective date of the ordinance under sub. (2) is later than the effective date of the county ordinance. A county may charge a fee for the registration.
History: 1977 c. 116, 288; 1983 a. 243, 288, 343, 538; 1985 a. 135, 197, 298, 332; 1989 a. 167; 1993 a. 246; 1995 a. 138; 1997 a. 27.
Cities and villages cannot license bicyclists, create bicycle courts, or impound bicycles in the absence of express legislative authorization. 66 Atty. Gen. 99.
*rules of the road
346.16 Use of controlled-access highways, expressways and freeways.
(2)
(a) Except as provided in par. (b), no pedestrian or person riding a bicycle or other nonmotorized vehicle and no person operating a moped or motor bicycle may go upon any expressway or freeway when official signs have been erected prohibiting such person from using the expressway or freeway.
*rules at stop lights
346.37 Traffic-control signal legend.
4. Notwithstanding subd. 1., a motorcycle, moped, motor bicycle, or bicycle facing a red signal at an intersection may, after stopping as required under subd. 1. for not less than 45 seconds, proceed cautiously through the intersection before the signal turns green if no other vehicles are present at the intersection to actuate the signal and the operator of the motorcycle, moped, motor bicycle, or bicycle reasonably believes the signal is vehicle actuated. The operator of a motorcycle, moped, motor bicycle, or bicycle proceeding through a red signal under this subdivision shall yield the right-of-way to any vehicular traffic, pedestrian, bicyclist, or rider of an electric personal assistive mobility device proceeding through a green signal at the intersection or lawfully within a crosswalk or using the intersection. This subdivision does not affect any authorization for a bicyclist under subd. 2.
*special rules for bicycles
346.79 Special rules applicable to bicycles
(1)A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
(2)
(a) Except as provided in par. (b), no bicycle may be used to carry or transport more persons at one time than the number for which it is designed.
(b) In addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child's seat or trailer designed for attachment to a bicycle if the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer.
(3)No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handle bars.
(4)No person riding a bicycle shall attach himself or herself or his or her bicycle to any vehicle upon a roadway.
(5)No person may ride a moped or motor bicycle with the power unit in operation upon a bicycle way.
We were just talking about this in anouther thread.... Were does it state that to use a motor bicycle in wisconsin one must have a DL ? Ive read everything i can find on the web pages and dont seem to find it spelled out? Any idea...
all vehicles that have a motor on them need a drivers license in wisconsin. only exception to the law is electric bicycles.
Ok thanx for that ... So were is that in black and white? No one so far has been able to show me any offical doc werein it states that one needs a DL to operate a motor bicycle in wisconsin?
Im sorry to be a pain ,im not tryimg to arguee the point , i just wana see it in wis vec. Code?
Here in IL a motorized bicycle is expresly removed from the deff. Of a motor vec.
Thats also the idea in WI (the way I read the law) ,so if that is the case there would have to be a spefic statue defining what endorsment was needed...?
Im sorry to be a pain ,im not tryimg to arguee the point , i just wana see it in wis vec. Code?
Here in IL a motorized bicycle is expresly removed from the deff. Of a motor vec.
Thats also the idea in WI (the way I read the law) ,so if that is the case there would have to be a spefic statue defining what endorsment was needed...?
Prussian here is the statue for it and hasn't changed so we still need a DL to operate a motorized bicycle in Wisconsin.
https://docs.legis.wisconsin.gov/statutes/statutes/343/II/05/3/c
343.05, 3, C.
" No person may operate a moped or motor bicycle unless the person possesses a valid operator's license or a special restricted operator's license issued under s. 343.135 or a restricted license issued under s. 343.08. A license under this paragraph does not authorize operation of a moped or motor bicycle if the license is revoked, suspended, canceled or expired."
You can also do a search for Motor Bicycle and will find most of the statues
https://docs.legis.wisconsin.gov/statutes/statutes/343/II/05/3/c
343.05, 3, C.
" No person may operate a moped or motor bicycle unless the person possesses a valid operator's license or a special restricted operator's license issued under s. 343.135 or a restricted license issued under s. 343.08. A license under this paragraph does not authorize operation of a moped or motor bicycle if the license is revoked, suspended, canceled or expired."
You can also do a search for Motor Bicycle and will find most of the statues
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So i found the law for my buddy to read "in black and white" ,big shock ...hes still not happy!
So the question remains, if you ride from a state (on the motorized bicycle) were there is no DL req. (a state were your a res.) into a state were the endorsment is required? Whose law is in effect?
Now before you answer think about how drivers lic. And car reg. changes state to state ,and there its your state of redenicy that applys.... Right????
If we live on the border (in IL) and cross the line (on the bike) does the endorsment rule apply or do we follow home state rules? And is it diff if you transport your bike across the line by car?
This may seem obscure to most but if you live on a border and cross routnely it becomes a prob...
So the question remains, if you ride from a state (on the motorized bicycle) were there is no DL req. (a state were your a res.) into a state were the endorsment is required? Whose law is in effect?
Now before you answer think about how drivers lic. And car reg. changes state to state ,and there its your state of redenicy that applys.... Right????
If we live on the border (in IL) and cross the line (on the bike) does the endorsment rule apply or do we follow home state rules? And is it diff if you transport your bike across the line by car?
This may seem obscure to most but if you live on a border and cross routnely it becomes a prob...
Start with the easiest question you have. If you transport a motorized bicycle on a car you are not using it and therefor you are under the laws of an automobile and not the motorized bicycle.
Now for your main question about going across state line with a motorized bicycle, where one state you do not need a DL to another that requires you to have a DL.
Now I did not look up the information so this is not facts, simply my thinking of how it would work. I would contact both states Dept. of Transportation for exactly what you are looking for. Wisconsin DOT Contact page.
I think it would be on the officer who stopped you and the paper work you carry with you. I would definitely have my ID from the state I was from and a few pieces of mail with the same address as my ID to support my residence, also I would carry with me every law, article, and sources about my state laws where I would not need a DL. Along with all that I would pay the little bit to register it in your state. This way you have the little sticker on your bike stating where you registered it. Like with Waukesha WI it cost $5.00 for non-expiring. I think this may be your best bet on doing it.
A few things could happen; 1. The officer can say okay, and you are on your way. 2. The officer can say that you are across state lines and those laws do not pertain to here and give you a ticket. As far as I know they do not in-pound bikes here, just tickets. 3. Give you a warning and have someone pick you up or let you ride it back across state line.
You don't want to say they are "wrong" but give them the knowledge you have to make a better decision in your favor.
Now some things to consider as well too, is did this person never have a DL, or was it suspended/revoked, and if so why. These are a few things they consider when running your name.
Now for your main question about going across state line with a motorized bicycle, where one state you do not need a DL to another that requires you to have a DL.
Now I did not look up the information so this is not facts, simply my thinking of how it would work. I would contact both states Dept. of Transportation for exactly what you are looking for. Wisconsin DOT Contact page.
I think it would be on the officer who stopped you and the paper work you carry with you. I would definitely have my ID from the state I was from and a few pieces of mail with the same address as my ID to support my residence, also I would carry with me every law, article, and sources about my state laws where I would not need a DL. Along with all that I would pay the little bit to register it in your state. This way you have the little sticker on your bike stating where you registered it. Like with Waukesha WI it cost $5.00 for non-expiring. I think this may be your best bet on doing it.
A few things could happen; 1. The officer can say okay, and you are on your way. 2. The officer can say that you are across state lines and those laws do not pertain to here and give you a ticket. As far as I know they do not in-pound bikes here, just tickets. 3. Give you a warning and have someone pick you up or let you ride it back across state line.
You don't want to say they are "wrong" but give them the knowledge you have to make a better decision in your favor.
Now some things to consider as well too, is did this person never have a DL, or was it suspended/revoked, and if so why. These are a few things they consider when running your name.
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Steomi : thanx for your thoughts , at least you got the guts to try and answer...
As for the car situation ,if an motorized bicycle is transported across a border by someone with a dl then riden by person wo dl does there home state rule apply or because it was not riden across line are the ruless diff?
As for contacting the state :any law that applys is public knowlage and must be published and on there web site. Ive been fighting for motorized bicycle rights for close to ten years now and have NEVER been given the strait scoop by "the man" ,they always fall back on the almighty "NO not legal " as it covers there butt! Im only looking for a statute or law in the public domain and were the issue is deffined and clear (yea right).
As for crossing the line ,every state honors the DL of every other state as far as i know.
Even though the tests and req. are diff. State to state .
You may be right to assume that it would be up to the cops who stoped you, but theres susposed to be a law and its there job to inforce not to interprate the law.
So some were in the WI vec code there must be a clause allowing drivers from other states to operate within WI? When you cross in a car your bound by the DL req from your home state . Why would it be diff for an motorized bicycle ?
I realize this may be a classic "grey area" but the reality is people cross those lines evey day and we need to know the writen law before we get stoped....
Sorry if i come off as a jerk ,i know i have a button pushing problem...
As for the car situation ,if an motorized bicycle is transported across a border by someone with a dl then riden by person wo dl does there home state rule apply or because it was not riden across line are the ruless diff?
As for contacting the state :any law that applys is public knowlage and must be published and on there web site. Ive been fighting for motorized bicycle rights for close to ten years now and have NEVER been given the strait scoop by "the man" ,they always fall back on the almighty "NO not legal " as it covers there butt! Im only looking for a statute or law in the public domain and were the issue is deffined and clear (yea right).
As for crossing the line ,every state honors the DL of every other state as far as i know.
Even though the tests and req. are diff. State to state .
You may be right to assume that it would be up to the cops who stoped you, but theres susposed to be a law and its there job to inforce not to interprate the law.
So some were in the WI vec code there must be a clause allowing drivers from other states to operate within WI? When you cross in a car your bound by the DL req from your home state . Why would it be diff for an motorized bicycle ?
I realize this may be a classic "grey area" but the reality is people cross those lines evey day and we need to know the writen law before we get stoped....
Sorry if i come off as a jerk ,i know i have a button pushing problem...
I understand, and no your not sounding like a jerk at all. Laws are always a mess and a pain. As far as a person having a Diver License in a different state and come across to a state that requires one, they are fine and of course not a problem. After googling the question about going from one state to another and their laws change, it looks like you have to obey they state laws you are in, not where you are from. There are a few discussion about people wanting to cross state line and each time they were told to follow the state they are going to. So I guess your friend would have to follow our laws and would have to have a DL unfortunately. It's like before when in Wisconsin you didn't need to have car insurance but if you went through a state that required it, they could ticket you for not having it in there state. I guess that would be the best example I can think of right at the moment.
I was just pulled over on my bike this past weekend. The cop that stopped me told me it was a moped. I told him that i did my research on Wi law and dmv/dot and that it was just a motorized bicycle with a motor not a moped. We talked for a few more mins. He let me go with a verb. warning but told me that i need to call dmv/dot on monday, which i did. Dmv/dot WILL NOT title/register a BICYCLE. Even with the motor on it. (66cc skyhawk gt5.) but i had to call my local PD. Well this is where it gets good. I then called the MPD and askedto talk to the chief of police. Never made it that far. The lady that answer the fone ask what i was talking about and when i was stopped. Well she found the report but the cop wasnt gunna be back til wednesday. But she would do all she could to find me answers b4 then. Well no more then 10 min after that the COP that stopped me called me to say he was sorry for stopping me and telling me i was wrong. He did his OWN RESEARCH AT HOME and found that this is indeed NOT a moped, just a bike with a motor on it, there is no need to title/register, but you should get insurance. But not madatory. He also said the he would send emails to all local LEOs that that these bikes are 100% legal as is.