traffic law enforcement wisconsin traffic laws and ordinances patrol procedures
TRANSCRIPT
Traffic Law Enforcement
Wisconsin Traffic Laws and Ordinances
Patrol Procedures
December 2009 2
Learning Objectives
Goals of Traffic Law Enforcement
Motor Vehicle Laws
Authority to Impound / Remove Vehicles
Patrol Procedures
December 2009 3
Legal Reminder
Must have reasonable suspicion to stop vehicle
Must have probable cause to arrest
Search and seizure laws apply
Patrol Procedures
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Save Lives Deter violators (stop unsafe behaviors) Increase compliance
Fight Crime
Interact with the public (build trust)
Goals of Traffic Law Enforcement
Patrol Procedures
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Elements of the Offense
Every public offense consists of certain elements or component parts, all of which must be present in order to constitute the particular violation.
The elements of a traffic offense are found in the law defining it.
Each element of the statute in question must be proven in order to obtain a conviction in court.
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Elements Continued
Traffic offenses are created and defined by statute or municipal ordinance otherwise they do not exist.
Many driving practices, even some known to be unsafe, are not prohibited by a law.
If there is not a law, there is not a violation. Operating from the center position. Barefoot driving. One-arm driving.
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Examples of Elements
§ 346.922 Transporting children in cargo areas of motor trucks.
Elements of the offense:
No person may operate upon a highway,
Motor truck having a gross weight of 10,000 lbs. or less with,
Any child under the age of 16 in an open cargo area.
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Wisconsin Motor Vehicle Laws
Motor Vehicle Laws
WISCONSIN
2006
December 2009 9
Wisconsin Motor Vehicle Laws
Wisconsin Statute Chapters
110, 194, 218 340 - 351
The Wisconsin Department of Transportation:
Motor Vehicle Laws web site: http://www.dot.wisconsin.gov/drivers/lawbook.htm
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Introduction to Motor Vehicle Laws
Chapter 110 – Motor Vehicles
Chapter 194 – Motor Vehicle Transportation
Chapter 218 – Finance companies, Auto dealers, Adjustment companies and Collection agencies.
Chapter 340 – Vehicles – General Provisions
Patrol Procedures
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Chapter 110 – Motor Vehicles
Introduces laws regarding vehicular inspections, the powers and duties of traffic officers and rules regarding emissions programs.
Patrol Procedures
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Chapter 194 – Motor Vehicle Transportation
Laws regarding licensing, registration, inspections and financial responsibilities of motor carrier vehicles
Patrol Procedures
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Chapter 218 – Finance companies, Auto Dealers, Adjustment companies and Collection agencies
Laws regarding Motor Vehicle Dealers; Salespersons; and sales Finance Companies.
Rules for adjustment companies, collection agencies and community currency exchanges, dealerships, salvage pools and buyer identification.
Patrol Procedures
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Chapter 340 – Vehicles – General Provisions
Key Chapter for Police Officers
Important Definitions
Official language used in reports and in court
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Definitions
Patrol Procedures
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Vehicle Registration / Titles and Anti-Theft Laws
Chapter 341 – Registration of Vehicles
Chapter 342 – Vehicle Title and Anti-Theft Laws
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Chapter 341 – Registration of Vehicles
Procedures to register vehicles within the
State of Wisconsin
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JUL 07
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Chapter 342 – Vehicle Title and Anti-Theft Laws
Certificates of title
Transfer of titles
Anti-theft and Anti-fraud provisions
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Operator Licensing
Chapter 343 – Operators’ licensing Driver licensing abbreviation code Out-of-state abbreviation table County code table
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Chapter 343 – Operators’ Licenses
Procedures regarding the issuance, expiration and renewal of licenses
Rules and regulations on cancellation, revocation and suspension of licenses
Unlawful practices relative to licenses, ID cards and licensing of driver schools and instructors
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Driver Licensing Abbreviation Code
Abbreviations used on drivers’ licenses
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DRIVER LICENSING ABBREVIATION CODESBDS245 6/2003 Wisconsin Department of Transportation
ACF Accident Conviction Fatal DLT Deviating from Lane of TrafficADL Altering Driver License DOW Driving Over WalkAEO Attempt to Elude Officer DQF DisqualificationAFA Appear for Exam for Another DR Driver RecordAFU DSP – Assessment Agency Follow-Up Required DS Defective SpeedometerAKA Also Known As DSP Duty Upon Striking PropertyALC Alcohol Related Incident Cancellation DWS Driving on Wrong Side of HighwayAPL Appealed
F Fatal AccidentBAC Blood Alcohol Concentration FA Falsified ApplicationBI Blocking Illegally FAE Failure to Appear for Examination or to File
Requested Medical ReportCA Commercial Alcohol FAR Falsified Accident ReportCAC Commercial Admin. Suspension FD Found DelinquentCAD Commercial Alcohol Causing Death FDL Failure to Dim LightsCAH Commercial Alcohol Causing Great Bodily Harm FFS Failure to Fasten Seat Belts
Pages 287 – 288 in the Wisconsin Motor Vehicle Law Book
Out-of-State Abbreviation Table
Lists the abbreviations of other states
Page 289 in the Wisconsin Motor Vehicle Law Book
County Code Table
Lists the abbreviations for each county in Wisconsin
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County Code Table
Code County Code County Code County
01 Adams 26 Iron 50 Price02 Ashland 27 Jackson 51 Racine03 Barron 28 Jefferson 52 Richland04 Bayfield 29 Juneau 53 Rock05 Brown 30 Kenosha 54 Rusk06 Buffalo 31 Kewaunee 55 St. Croix07 Burnett 32 La Crosse 56 Sauk08 Calumet 33 Lafayette 57 Sawyer09 Chippewa 34 Langlade 58 Shawano10 Clark 35 Lincoln 59 Sheboygan11 Columbia 36 Manitowoc 60 Taylor12 Crawford 37 Marathon 61 Trempealeau13 Dane 38 Marinette 62 Vernon14 Dodge 39 Marquette 63 Vilas15 Door 40 Milwaukee 64 Walworth16 Douglas 41 Monroe 65 Washburn17 Dunn 42 Oconto 66 Washington18 Eau Claire 43 Oneida 67 Waukesha19 Florence 44 Outagamie 68 Waupaca20 Fond du Lac 45 Ozaukee 69 Waushara21 Forest 46 Pepin 70 Winnebago22 Grant 47 Pierce 71 Wood23 Green 48 Polk 72 Out-of-State24 Green Lake 49 Portage 73 Menominee Nations25 Iowa
Page 290 in the Wisconsin Motor Vehicle Law Book
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Financial Responsibility
Chapter 344 – Vehicles – Financial Responsibility
Covers laws on security for past accidents, proof of financial responsibility for the future, penalties for violations regarding financial responsibility and financial responsibility for rented and human service vehicles
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Civil and Criminal Liability
Chapter 345 – Vehicles
Civil and Criminal Liability
Discusses civil liability,
arrests, bail and
penalties.
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Rules of the Road
****Chapter 346 – Rules of the Road****
Patrol Procedures
Rules Law Enforcement officers will write most citations for when conducting traffic law enforcement
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Applicability to Emergency Vehicles
§ 346.03(1) –
The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise privileges set forth in this section, but are subject to certain conditions.
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During Emergency Situations
§ 346.03(2) –
When giving a signal by audible and visual signal (emergency lights and siren) may: Stop stand or park, irrespective of the provisions of this
chapter;
Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
Exceed the speed limit;
Disregard regulations governing direction of movement or turning in specified directions.
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During Emergency Situations
§ 346.03(4)
Without giving an audible and visual signal: Obtaining evidence of a speed violation;
Responding to a call believing a felony is in progress and knowledge of officer’s presence may:
Endanger others;
Cause the suspect to evade apprehension;
Cause the suspect to destroy evidence;
Cause the suspect to cease commission before officer obtains sufficient evidence to establish ground for arrest.
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Authorized Emergency Vehicles
§ 346.03 –
The exemptions granted the operator of an authorized emergency vehicle (AEV) by this section do not relieve such operator from the duty to drive with DUE REGARD…
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§ 346.04(1) and (2)
Obedience to traffic officers, signs and signals; fleeing from a traffic officer.
(1) No person shall fail or refuse to comply with any lawful order, signal or direction of a traffic officer.
(2) No operator of a vehicle shall disobey the instructions of any official traffic sign or signal unless otherwise directed by a traffic officer.
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§ 346.04 (2t)
No operator of a vehicle, after having received a visible or audible signal to stop his or her vehicle from a traffic officer or marked police vehicle, shall knowingly resist the traffic officer by failing to stop his or her vehicle as promptly as safety reasonably permits.
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§ 346.04(3)
No operator of a vehicle, after having received a visual or audible signal from a traffic officer, or marked police vehicle, shall:
knowing flee or attempt to elude any traffic officer by willful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle, or the traffic officer or other vehicles or pedestrians;
nor shall the operator increase the speed of the operator’s vehicle or extinguish the lights of the vehicle in an attempt to elude or flee.
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Driving, Meeting, Overtaking and Passing
§ 346.05 Vehicles to be driven on right side of roadway
(3) Any vehicle proceeding upon a roadway at less than normal speed of traffic at the time and place and under the conditions existing shall be driven in the right-handed lane then available…(a.k.a. impeding traffic)
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Driving, Meeting, Overtakingand Passing Cont.
§ 346.072 Passing stopped emergency vehicles, tow trucks and highway machinery equipment. “Move Over Law” Elements
AEV, tow truck, highway construction equipment Giving required visual signal Parked or standing on or within 12 ft of roadway Shall proceed with due regard and shall do either
of the following:
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(a) Move into lane that is not the lane nearest the parked or standing vehicle or machinery (applied if roadway has at least two lanes proceeding in direction of approaching vehicle)
(b) slow the MV until past (applies if only one lane of approaching vehicle or not able to safely move over.
(2) violation = license suspension § 343.30
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Driving, Meeting, Overtakingand Passing § 346.072 Cont.
Driving, Meeting, Overtaking and Passing
§ 346.08 Overtaking and passing on the right
May be done when:
If able to be done safely
Only if it can be done without driving off the pavement or main-traveled portion of the roadway, and then only under the following conditions:
1. When the vehicle overtaken is making or about to
make a left turn; or
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2. Upon a street or highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully proceed at the same time, in the direction in which the passing vehicle is proceeding; or
3. Upon a one-way street or divided highway…
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Driving, Meeting, Overtaking and Passing § 346.08 Cont.
Overtaking on Left or Driving on Left Side of Road Way
§ 346.09 Operator shall not overtake and pass
another vehicle unless such left side is
clearly visible and is free of oncoming
traffic for sufficient distance ahead to
be done safely. No Passing Zone
Can PassRight LaneNo Passing
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Driving, Meeting, Overtakingand Passing
§ 346.14 Distance between vehicles
(1)…shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and condition of the highway.
(2)(a) Upon a highway outside a business or residence district, the operator of any motor truck or combination with gross weight more than 10,000 pounds:
1. Not less than 500 feet to rear
2. Sufficient space for overtaking vehicle.
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Right-of-Way
§ 346.18 (Page 177 in WI Motor Vehicle Law)
General rules of right-of-way
Except as otherwise expressly provided…when 2 vehicles approach or enter an intersection at approximately the same time the operator of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
The operator of any vehicle driving at an unlawful speed forfeits any right-of-way which he/she would otherwise have under this subsection.
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Rules of the Road
§ 346.19 What to do on approach of emergency vehicle.
Upon approach of AEV giving audible signal by siren the operator of a vehicle shall yield the right-of-way and shall immediately drive to…shall stop and remain standing until AEV has passed.
The operator of the AEV is NOT relieved of duty to drive with DUE REGARD
The owner of a vehicle in violation of § 346.19 can be held liable.
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Respective Rights and Duties of Drivers, Pedestrians, Bicyclist, and riders of Electric Personal Assistive
Mobility Devices
§ 346.23
Wisconsin Motor Vehicle Law
page 179
Patrol Procedures
Turning § 346.31
Multiple Turn Lanes
One way onto a one way
One way onto a two wayTwo way onto a one way
Two approaching left turns
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Turning, Stopping and Required Signals
346.33 Where turns prohibited
(1) The operator of a vehicle shall not turn the vehicle so as to proceed in the opposite direction upon a highway at any of the following places:
(a) At intersection at which traffic is being controlled by traffic control signals or traffic officer;
(b) In mid-block on any street in a business district, except…
(c) In mid-block on any through highway in a residence district, except…
(d) At any place where signs prohibit such turns.(Wisconsin Motor Vehicle Law – Page 181)
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Turning, Stopping and Required Signals
§ 346.34 Turning movements and Required Signals on Turning and Stopping
No person may:
Turn a vehicle at an intersection unless the vehicle is in proper position upon a roadway as required in 346.31
Turn a vehicle from a direct course or move right to left upon a roadway unless and until such movement can be made with reasonable safety.
Provide signal (not less than 100 feet before turn) if other traffic may be affected.
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Traffic Signs, Signals and Markings
§ 346.37
(b) Yellow When shown with or following the green, traffic
facing a yellow signal shall stop before entering the intersection unless so close that a stop may not be made safely.
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Traffic Signs, Signals and Markings
§ 346.37(1)(c)3
Turn right at a a red light after…
Turn left at a red light?
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(Wisconsin Motor Vehicle Law Page 182)
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§ 346.39 (1) Flashing Red Signal
Operators of vehicle shall stop before
entering the nearest crosswalk at an intersection or at a limit line when
marked before entering the intersection, and the right to proceed is subject to the rules applicable after making a stop at a stop sign.
Traffic Signs, Signals and Markings
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§ 346.39 (1) Flashing Yellow Signal
When a yellow lens is illuminated with
rapid intermittent flashes, operators
of vehicles may proceed through the
intersection or past such signal
only with caution.
Traffic Signs, Signals and Markings
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Interference with Signs and Signals
§ 346.42
No person may intentionally damage, deface, move, or obstruct an official traffic sign or signal or intentionally interferer with the effective operation of such sign or signal
Required Stops
346.44 All vehicles to stop at signal indicating approach of train
(1)…Shall not drive on or across a railroad crossing under any of the following circumstances:
(b) While any warning device signals to stop, except that if the operator of the vehicle after stopping and investigating find that no railroad train is approaching the operator may proceed.
(2)…Shall not drive through, around or under any crossing gate or barrier…
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Stop Signs and School Crossings
§ 346.46 – Stop Signs
(1) Every operator of a vehicle approaching an official stop sign at an intersection shall cause such vehicle to stop before entering the intersection and shall yield the right-of-way to other vehicles which have entered or are approaching the intersection upon a highway which is not controlled by an official stop sign or traffic signal.
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Stop Signs and School Crossings
§ 346.46 – Stop Signs
(2) Stops shall be made in the following manner:
(a) Stop before crossing the stop line. (b) If no stop line, stop before entering the
crosswalk. (c) If not stop line or crosswalk, stop the vehicle
before entering the intersection at such point to efficiently observe the traffic on the intersecting roadway.
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Stop Signs and School Crossings
§ 346.46 – School Crossings
(2m) Every operator of a MV approaching a school crossing which is controlled by an adult school crossing guard shall follow the directions of the school crossing guard.
If directed to stop, the operator shall stop not less than 10 feet nor more than 30 feet from the school crossing and remain stopped until directed to proceed.
Required Stops
§ 346.48 Vehicles to stop for school busses displaying flashing lights (1) The operator of a vehicle which approaches from the
front or rear of any school bus which has stopped on a street or highway when…it is displaying flashing red warning lights, shall stop the vehicle no less than 20 feet from the bus and shall remain stopped until the bus resumes motion or the operator extinguishes the flashing red warning lights.
(2) Shall actuate such lights at least 100 feet before stopping.
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Required Stops § 346.48 Cont.
Without Median
With Median
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Restrictions on Stopping and Parking
§ 346.51 Stopping, standing or parking outside of business or residence district
(1) No person shall park, stop or leave standing any vehicle, whether attended or unattended, upon the roadway of any highway outside a business or residence district when it is practical to park, stop or leave such vehicle standing off the roadway, but even…
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…but even the parking, stopping or standing of a vehicle off the roadway of such highway is unlawful unless the following requirements are met:
(a) unobstructed width of at least 15 feet upon the roadway of such highway must be left opposite such standing vehicle for free passage of other vehicles.
(b) This also applies to vehicles or equipment used in highway maintenance or construction.
Restrictions on Stopping and Parking § 346.51 Cont.
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Restrictions on Stopping and Parking
§ 346.52 Stopping prohibited in certain specified places.
(1) No person may stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, in any of the following places:
(a) Within an intersection
(b) On a crosswalk
(d) On a sidewalk or sidewalk area unless authorized
(f) On the roadway side of any parked vehicle unless authorized
(g) Within 15 feet of the driveway entrance to or directly across from a fire station entrance
(h) Upon any portion of a highway where official traffic signs prohibit
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§ 346.53 Parking prohibited in certain specific places.
No person shall stop or leave any vehicle standing in any of the following places except temporarily for the purpose of and while actually engaged in loading or unloading or in receiving or discharging and while the vehicle is attended by a licensed operator so that it may be moved in case of an emergency or to avoid obstruction with traffic:
In a loading zone
In an alley in a business district
Within 10 feet of a fire hydrant
Within 4 feet of entrance to an alley or private road or driveway
Closer than 15 ft from a crosswalk
Upon any portion of a highway where parking is prohibited. Limited or restricted by official traffic signs.
Restrictions on Stopping and Parking
How to Park and Stop on Streets
§ 346.54
(Wisconsin Motor Vehicle Law Page 190)
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Restrictions on Stopping and Parking
§ 346.55
(1) No person shall stop or leave standing any vehicle on the left side of a highway except as provided by statute.
(2) No person my leave or park any motor vehicle on private property without the consent of the owner or lessee.
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Speed Restrictions
§ 346.57
(2) Reasonable and Prudent Limit No person shall drive a vehicle at a speed greater
than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing.
The speed of a vehicle shall be so controlled as may be necessary to avoid colliding with any object, person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and using due care.
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Speed Restrictions § 346.57 Cont.
(3) Conditions Requiring Reduced Speed The operator of every vehicle shall, consistent with the
requirements of sub. (2)
Drive at an appropriate reduced speed when
Approaching and crossing and intersection or railway grade crossing
Approaching and going around a curve
Approaching a hillcrest
Traveling upon any narrow or winding roadway
Passing school children, highway construction or other pedestrians
Special hazard exists with regard to other traffic or be reason of weather or highway conditions
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Minimum Speed Regulation
§ 346.59
(1) No person shall drive a motor
vehicle at a speed so slow as to impede the normal and reasonable movement of traffic except when reduced speed is necessary
for safe operation or is necessary to comply
with the law.
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(2) The operator of a vehicle moving at a speed so slow as to impede the normal and reasonable movement of traffic shall, if practicable, yield the roadway to an overtaking vehicle and shall move at a reasonably increased speed or yield the roadway to overtaking vehicles when directed to do so by a traffic officer.
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Minimum Speed Regulation § 346.59 Cont.
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Motorcycles and Mopeds
§ 346.595
Whenever a motorcycle or a moped is operated the following apply:
(1) All MV including MC and mopeds are entitled to the full use of a traffic lane. With consent of both drivers, Type 1 motorcycles may be operated not more than 2 abreast in a single lane, but mopeds may be so operated only where the speed limit is 25 miles per hour or less.
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Motorcycles and Mopeds § 346.595 Cont.
(2) No person shall ride any motorcycle or moped while in a side-saddle position.
(3) No passenger may ride a Type 1 MC who, when properly seated, can’t rest the feet on assigned foot rests or pegs. No passenger may ride on a moped.
(3m) No more than 2 persons may ride on a MC having 2 wheels in tandem unless there is a side car.
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(4) No passenger shall ride in front of the operator on a MC.
(5) The headlamps on MC shall be lighted whenever the MC is in operation.
(6) On any road for which the speed limit is more than 25 MPH, mopeds shall be operated only when riding single-file in the extreme right-handed lane. No person may operate a moped on any restricted access highway.
Motorcycles and Mopeds § 346.595 Cont.
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Miscellaneous Rules
§ 346.87 Limitations on Backing
The operator of a vehicle shall not back the same unless such movement can be made with reasonable safety.
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Miscellaneous Rules
§ 346.88 Obstruction of operator’s view of driving mechanism
(1) No person shall drive a vehicle when there are in the front seat such number of persons, or any persons so situated, as to obstruct the view of the operator to the front or to the sides or as to interfere with the operator having free use of both hands and feet to the operating mechanisms or controls of the vehicle.
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Miscellaneous Rules
§ 346.88 Obstruction of operator’s view of driving mechanism cont.
(2) No passenger in a vehicle shall ride in such a position as to interfere with the operator’s view ahead or to the sides
or to interfere with the operator’s control of the operating mechanism of the vehicle.
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Miscellaneous Rules
§ 346.88 Obstruction of operator’s view of driving mechanism cont.
(3) No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, front side wings, side windows in the driver’s compartment or rear window other than:
Certificate or sticker issued by a government agency.
Shall not cover more than 15 square inches of glass surface.
Shall be placed in the lower left-hand corner of the windshield.
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Miscellaneous Rules
§ 346.88 Obstruction of operator’s view of driving mechanism cont.
(3)(b) No person shall drive any MV upon a highway with any object so placed or suspended in or upon the vehicle so as to obstruct the driver’s clear view through the front windshield.
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Miscellaneous Rules
§ 346.88 Obstruction of operator’s view of driving mechanism cont.
No person shall drive any MV upon a highway so loaded or with any object so placed or suspended in or upon the vehicle so as to obstruct the driver’s clear vision through the rear window unless such vehicle is equipped with an outside rear view mirror.
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Miscellaneous Rules
§ 346.88 Obstruction of operator’s view of driving mechanism cont.
The windshield, side wings and side and rear windows of a motor vehicle shall be kept reasonably clean at all times.
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Miscellaneous Rules
§ 346.89 Inattentive driving
(1) No person while driving a MV shall be so engaged or occupied as to interfere with the safe driving of such vehicle.
(2) No device for receiving television broadcast located in any point forward of the back of the operator’s seat or visible to operator while driving the MV.
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Miscellaneous Rules
§ 346.90 Following Emergency Vehicles 500 Feet
§ 346.91 Crossing Fire Hose May not drive over unprotected hose
§ 346.915 Following Snowplows May not follow a snowplow closer than 200 ft upon
a highway having a posted speed limit of more than 35 MPH, if snowplow is engaged in snow removal.
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Miscellaneous Rules
§ 346.922 Transporting Children in Cargo Areas of Motor Trucks.
No person may operate upon a highway a motor truck having a gross weight of 10,000 pounds or less when any child under the age of 16 years is in an open cargo area of the motor truck.
(2) Except:
(a) Farm truck (b) Sanctioned parade (c) Licensed deer hunters
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Intoxicants in Vehicle
§ 346.93 Underage Persons
No underage person may knowingly possess, transport or have under his/her control any alcohol beverage in any motor vehicle.
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Intoxicants in Vehicle
§ 346.935 Intoxicants in motor vehicle
(1) No person may drink alcohol beverages or inhale nitrous oxide while in any motor vehicle when the vehicle is upon a highway.
(2) No bottle or receptacle containing alcohol or nitrous oxide if opened.
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Miscellaneous Rules
§ 346.94 Miscellaneous Prohibited Act
Driving on sidewalk
Racing
Missiles, circulars or pamphlets
Transporting persons in mobile homes or boats.
Transporting persons in 5th wheel MH
Abandoned Motor Vehicle
Radios or other electric sound amplification devices.
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Vehicle Equipment, size, weight and load
Chapter 347 – Equipment of Vehicles
Chapter 348 – Vehicles – size, weight and load
Chapter 305 – Trans Code
Patrol Procedures
TAIL LAMPS
347.06(3) Clean and in proper working order.347.13(1) Required/ Red in color. Decorative covering.347.13(2) Height requirements not <20” or >72”.347.13(4) Required w/ headlamps and auxiliary lights.Tr.305.16(1)-(5) Missing. Inoperative. Wiring or connectionsin poor condition. Lens or reflectors covered or obscured by objector material. Not wired to be lighted with parking and headlamps.
BACK-UP LAMP
347.26(4) Required/ Operational/ No more than 2.Tr.305.08(1)-(3) Not maintained. Missing or inoperative.Remains on when not in reverse. Wiring or connections in poor condition.Manual back-up switch does not have an indicator light when in reverse.
STOP LAMPS
347.14(1) Required/ Operational.347.14(2) Clean and in proper working order.Tr.305.15(1)-(5) Missing. Inoperative or not maintained. Wiring or connections in poor condition. Lenses missing, not maintained or covered/ obscured by any object or material. High-mounted stop lamps not maintained, working or missing.High-mounted stop lamp is obscured/ covered by object or material.
REGISTRATION PLATE LAMP
347.13(3) Required/ Operational.347.13(4) Required w/ headlamps and auxiliary lights.Tr.305.13(1)&(2) Lamp, wiring and connections must bemaintained in proper working condition. Lamp shinesaway from vehicle.
TURN SIGNALS – REAR
347.06(3) Clean and in proper working order.347.15(1) Must be equipped.347.15(2) Must be equipped with 2 lamps showing toward the rear. Lamps must be red or amber in color. Decorative covering.Tr.305.09(1)-(5) Light does not function. Signal switchdoes not function properly. Signal indicator inoperative, missing or not maintained. Wiring or connections notmaintained in good condition. Cracked, broken or missing lens or reflector.
SUSPENSION
347.455(1) Modify suspension to raise more than 4 inches abovemanufacturer’s specifications.347.455(2) 4 wheel drive or truck less than 8,000 pounds with modifications allowing a rise of more than 5 inches above the manufacturers specifications.347.455(4) Minimum height may not extend below wheel rim.Tr.305.29(6)-(8) Not maintained. Improperly adjusted, loose,disconnected or broken components. Leaking, ineffective or Improperly modified shock absorber. Shock absorber fails inspection procedure. Springs or shackles are broken or extended shackles of more than 2” are used. Vehicle noticeably out of alignment.
FRAMES
Tr.305.23(1)-(5) Not maintained in proper conditionBraze type welding repair. Rusted or twisted.Inadequate or improper repair. Part of frame missing.
BRAKES
347.35(1) Brakes required.347.35(1a) Parking brake required.347.36(3) Brakes shall be maintained in good working order.Tr.305.22(1)-(3) Maintained in proper working order.Does not have braking ability on each wheel. Noticeable sidepull when stopping. Insufficient pedal reserve. System leaksor parts are disconnected. Linings, pads, drums or rotors donot meet manufacturer’s minimum recommendations. Cablesare frayed. Hoses abraded. Brake is contaminated. Parkingbrake does not hold or release.
FLOOR PAN/ FIRE WALL
Tr.305.21(1)-(4) (Floor Pan) Not maintained. Rustedareas or holes which could allow entry of exhaust gassesor does not support the weight of passengers or cargo. Body is raised above frame more than 4 “ above manufacture specifications.
(Firewall) Not maintained. Has holes. Cables, wires ormechanisms through firewall are not sealed to preventexhaust gases from entering passenger compartment.Not properly sealed.
HAZARD WARNING LAMPS
347.26(11) Equipped/ Color/ Location/ Visibility.Tr.305.10(1)-(3) Not equipped or inoperative.Loose. Poor wiring or connections
SIDE MARKER LAMPS/ REFLECTORS
Tr.305.14(1)-(4) Not equipped. Not maintained.Wiring or connections not maintained. Notsecurely mounted or maintained.
Chapter 347 and Tr. 305
WINDSHIELD WIPERS
347.42(1) Required and MaintainedTR.305.35(1)-(4) System not maintained. Switch and wiring in poor condition. Blade in poor condition or does not adequately clear the windshield.Washer system inoperative or missing.
WINDSHIELD
347.43(1) Safety glass required.Tr.305.34(1)-(6) Not equipped w/ safety glass. Excessive cracks/damage.Cloudiness. Repairs or damage distort vision. Non-transparent material.Window tinting is allowed under sub (6)(a)-(c). Can not be reflective.
VENT/SIDE & REAR WINDOWS
347.43(1) Safety glass required.Tr.305.32(1)-(7) Not marked or certified safety glass.Unlawful cracks or damage. Drivers window inoperative.Cloudiness or etching in excess of 2” from edge. Posters, signs,stickers or other non-transparent material present. Window tintingis allowed under sub (4)-(6). Cannot be reflective.
MIRRORS
347.40 Required to view 200 feet to the rear.Tr.305.26(1)-(4) Mirror (interior or left outside)missing. Mirror is broken, cracked or discolored.Mirror w/ loose mount.
DOORS/HOOD/LOCKS & LATCHES
Tr.305.19(1)-(4) Latches, locks, hinges andhandles are not maintained in working order. Door ismissing or inoperative. Hood has protrusion of morethan 3 inches. Trunk lid or hatchback latch shall operate properly.
EXHAUST/ AIR POLLUTION CONTROL & FUEL SYSTEMS
347.39(1) Muffler required.347.39(2) No cutout, bypass or modification to amplify noise.Tr.305.20(1)-(8) (Exhaust) Not maintained in proper working order. Useof non-rigid tubing. System is unprotected. Inadequate patch or improperdischarge of fumes from muffler. System does not extend beyond the bodyline. System passes through the passenger compartment.(Air Pollution Control) Not maintained in proper working order.
Tr.305.24(1)-(6) (Fuel System) Not maintained in proper working order.System leaks. Improper fuel cap or cap is loose/ missing. Fuel tank located inpassenger or engine compartment, trunk or in bed of truck (see exemptions inTr.305.24(5)(a)-(c) and (6)). Tank does not meet standards.
TIRES/ WHEELS & RIMS
347.45(1) Rubber tire required.347.45(2) Exemptions from rubber tires.347.45(3) Restrictions on re-cut or re-grooved tires.
Tr.305.30(1) – (9) Less than 2/23” tread depth on tire. Tire may notprotrude more than 2”. Tire and rim may not exceed weight limit ofmanufacture. Tires on the same axle are different in size or construction. Tirehas bumps, bulges, knots, snags or cuts. Tire is not for highway use. Rim isdamaged, dented, bent or distorted, rusted or corroded. Rim has loose ormissing lugs, nuts or bolts.
PARKING LAMPS
347.06(3) Clean and in proper working order.347.27(1) When required.347.07 Proper color of light.Tr.305.12(1)-(3) Not equipped or does not function. Lens is missing or is cracked or broken. Poor wiring/connections.
STEERING
Tr.305.29(1)-(5) Steering is loose or binding. Belts frayed, loose or cracked. Power steering unit does not function properly. Improper steering wheel (<13” Diameter).
BUMPER/ FENDER
347.46(1)&(2) Fender and Mudguards required.Tr.305.18(1)&(2) (Bumper) Required part removed or not equipped. Notsecurely mounted. Improper height. Made of wood. Damaged or ineffective.Tr.305.22(1)-(5) (Fender) Required part removed or not equipped.Severely rusted or damaged parts. Not securely mounted. Extends more than4” beyond original fender line. Projects away in a hazardous manner.
HEADLAMPS
347.06(1) When lamps are required.347.06(3) Clean and in proper working order.347.08 Lamp height measurement procedure.347.09(1) Equipped with 2 lamps mounted symmetrically.347.09(2) Improper height < 24” or >54”347.10 High beam/ Low beam lamps (inoperative/ defective).347.10(1) Decorative covering.347.10(3) Inoperative beam indicator.Tr.305.11(1)-(3) Not equipped. Inoperative lights. Dimmerswitch inoperative. Poor connections or wiring. Unequalnumber and improperly mounted. Missing or loose. Covers.
TURN SIGNALS – FRONT
347.06(3) Clean and in proper working order.347.15(1) Must be equipped.347.15(2) Must have 2 lamps showing towards the front (White or Amber) Decorative Covering347.15(3) Indicator required for driver.Tr.305.09(1)-(5) Light does not function. Signalswitch does not function. Covered or obscured. Poorwiring. Cracked, broken or missing lens or reflector.
LIGHTING
(Head lamps)347.06(3) Clean and in p roper working order.347.08 Lamp height measurement procedure.347.09(1)(b) Equipped with 1 lamp but not more than 2.347.09(2) Improper height <24” or >4”347.10(3) Inoperative beam indicator.347.115 Modulating Head lamps allowedTr.305.43(1) Does not meet lighting requirement for headlights, tail lights or brake lights as outlined in 347.
MIRRORS
347.40 Required to view 200 feet to the rear.Tr.305.26(1)-(4) Mirror (interior or left outside)missing. Mirror is broken, cracked or discolored.Mirror w/ loose mount.
HORN
347.38(1) Must be equipped w/ horn in operatingcondition capable of emitting an audible signalwhich can be heard at least 200 feet away.Tr.305.42(1)&(2) Not equipped or in conformitywith 347.38. Not secure. Not activated by a buttonand electrical connection. Not maintained in properworking order.
SUSPENSION
Tr.305.46(1)-(4) Improperly modified suspension.Rake exceeds 55 degrees with less than 2” trail on cycleprior to 1976. Rake exceeds 50 degrees with less than 2inch trail after 1976. Not equipped with front shockabsorbing system. Front suspension is not one piececonstruction or has screw-on extensions or “slugs.” Shockabsorber is not in proper working order or leaks.
TIRES/ WHEELS & RIMS
347.45(1) Rubber tire required.347.45(2) Exemptions from rubber tires.347.45(3) Restrictions on re-cut or re-grooved tires.Tr.305.30(1)-(9) Less than 2/32” tread depth on tire. Tire may notprotrude more than 2”. Tire and rim may exceed weight limit of manufacture.Tires on the same axle are different in size or construction. Tire has bumps,bulges, knots, snags or cuts. Tire is not for highway use. Rim is damaged,dented, bent or distorted, rusted or corroded. Rim has loose or missing lugs,nuts or bolts.
FRAMES
Tr.305.23(1)-(5) Not maintained in proper condition.Braze type welding repair. Rusted or twisted.Inadequate or improper repair. Part of frame missing.
SIDECARS
Tr.305.45(1)&(2) Sidecar not securely attached toframe or attached to other than right side. Sidecar is notequipped with a stop or tail lamp. Optional head lampdoes not meet requirements or 347.09(2).
FUEL SYSTEM
Tr.305.41(1)-(3) System leaks. Missing cap orpositive closing device. Tank is not manufacturertank or does not meet or exceed industry standards.
FENDERS/ BUMPERS
Tr.305.40(1)&(2) Required fender missing (front orrear or both). Fender does not cover width of tread.Fender does not cover lengthwise from 15 degrees to thefront and 60 degrees to the rear. Type 2 motorcycle notequipped with rear bumper as specified for homemade orreconstructed vehicle under Tr.305.18.
EXHAUST
347.39(1) Muffler required.347.39(2) Shall not modify, produce flame or increase noise.Tr.305.39(1) System does not function or is notmaintained. System leaks from exhaust port through piping, muffler prior to end of system. No protective shield or insulated section to portion of system which extends above and behind foot pegs.
(Stop lamp)347.14(1) Required/ Operational.347.14(2) Clean and in proper working order.347.145 Amber deceleration lamp allowed.
(Turn signals / Auxiliary lights/ Marker lights/ Wiring/ Lenses.)Tr.305.43(1)-(4) Does not have 2 amber turn signals to thefront and red or amber to the rear for 1972 cycle or newer. Has more than 2 auxiliary lights including lights on side car. Markerlights exceed 10 watts, interfere with visibility of head lamp, taillamp, stop lamp or directional. Marker light is color other thanred to rear and amber to front. All lighting devices and wiring/connections are not maintained in proper working order. Lenses/reflectors are cracked, broken, or missing.
SPEED INDICATOR/ODOMETER
Tr.305.28(1)-(4) Speedometer not maintained inproper working order. Not accurate + or – 5%.Speedometer lamp to illuminate does not come on withheadlights or parking lamps. Odometer not maintained in proper working order or equipped. Speedometer notclearly mounted/ positioned as to be visible to the driverat all times.
(Registration plate lamp)347.13(3) Required/ Operational.347.13(4) Required w/ headlamps and auxiliary lights.(Tail lamp)347.06(3) Clean and in proper working order.347.13(1) Required/ Red in color.347.13(2) Height requirements not < 20” or >72”.347.13(4) Required w/ headlamps and auxiliary lights.
BRAKES
347.35(2) Equipped w/ at least 1 brake.347.36(3) Maintained in good working order.Tr.305.38(1) Does not meet requirements of 347.35(2),347.36 and Tr.305.17. Not equipped with brakes on onewheel or both wheels if originally manufactured.
HANDLE BARS
347.486 Handle grips ride higher than 30 inches from lowestpoint of drivers seat. Handle bar is defective, improvised orrepaired.
December 2009 88
Occupant Restraints
All drivers of motor vehicles and all passengers over the age of four must wear safety belts.
Applies to all residents and non-residents alike.
Applies to all front seat positions and in rear seat positions with three-point belts.
Children under four are required to be restrained in an appropriate child safety restraint.
December 2009
Occupant Restraints
Effective June 30, 2009: Primary seat belt law.
Fine of $10 and no points assigned against a person’s driver record.
Driver responsible for everyone in car not wearing seat belt Ticket to each person not wearing seat belt
Additional ticket to driver for everyone not wearing seat belt
Occupant Restraints
Children must be in a car seat until they reach age 4 and in a booster seat until they reach age 8
Tiered structure now applies: Less than 1 year old, or less than 20 lbs. must be in a rear-facing
child seat in the back seat (if so equipped) Age 1 to age 4, or less than 40 lbs. must be in a forward-facing child
seat in the back seat (if so equipped) Age 4 to age 8, between 40-80 lbs., and no more than 4 ft. 9 ins.
must be in a booster seat
The fines remain the same, although tiered for ages 0-4 and ages 4-8
The exemption allowing temporary removal of a child from a restraint to attend to personal needs has been removed
The exemption for physical, medical, or body size condition still applies to booster seats and seat belts
Chapter 348 – Vehicles – Size, Weight and Load
You will use Chapter 348 with Trucks most often.
What you need to know:
Width
Height
Length
Weight
92
Width - § 348.05
Most trucks – 8 feet, 6 inches
Oversized permit needed if too wide Permit does expire Have to have permit with them Need to have a banner that states “Oversized Load”
Depending on size may need: Flags Escort vehicles Some may need police escort
If they do not have a banner and the truck is oversized – stop them and check the paperwork.
93
Height – 348.06
If taller than 13 ½ feet – need a permit for temporary movement
Bridge Height
94
Length – 348.07
Single Unit – 40 feet
If bigger – need permit
Combination – 65 feet
Semi-Trailer
Need “Oversized Load” banner
Can stop to check paperwork if no banner and it does not look right
Patrol Procedures
95
Projecting load on Sides - § 348.09
No More Than 6 inches beyond fender line on right side
Cannot project at all on left side with out a permit
96
Weight - § 348.15 - § 348.18
Mostly deals with commercial vehicles
If commercial vehicle is stopped: Contact Motor Vehicle Inspector They will come out to the scene
Pick up trucks probably only time you’ll need this Ask for registration Weight will be listed on certificate (Full size pick up with an “A” plate most likely
overweight if loaded) Check inside driver door for sticker
December 2009 97
Powers of State and Local Authorities
Chapter 349 – Vehicles – powers of state
and local authorities
General Provisions
Express Regulatory Powers
Licensing Powers
Patrol Procedures
December 2009 98
Chapter 350 - Snowmobiles
Patrol Procedures
Shall be considered
a motor vehicle or
vehicle for purposes
made specifically
applicable by statute.
December 2009 99
Habitual Traffic Offenders
Chapter 351 – Habitual traffic offenders
4 major traffic convictions or
A combination of 12 minor and major convictions in a 5 year period.
DMV revokes privileges for 5 years.
After 2 years may obtain an occupational license.
Patrol Procedures
December 2009 100
Impounding / Removing Vehicles
When are you authorized?
Obstructing traffic
Sign saying can’t be parked there
Court order
Private Property
Patrol Procedures
December 2009 101
Impounding / Removing Vehicles
Unregistered vehicles - § 341.65(2)(b)
Impounding / Tow-aways - § 342.40(2)
Operating while suspended, revoked out-of-service or disqualified - § 343.44(4)
Seizing Vehicles - § 346.65(6)(a) 1+2m
Authority to regulate the stopping, standing or parking of vehicles - §349.13(3)
Patrol Procedures
December 2009 102
Learning Objectives
Goals of Traffic Law Enforcement
Motor Vehicle Laws
Authority to Impound / Remove Vehicles
Patrol Procedures
QUESTIONS?
Patrol Procedures