Traffic Law Enforcement
Wisconsin Traffic Laws
and Ordinances
Patrol Procedures
Learning Objectives
 Goals of Traffic Law Enforcement
 Motor Vehicle Laws
 Authority to Impound / Remove Vehicles
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December 2009
Patrol Procedures
Legal Reminder
 Must have reasonable suspicion to stop
vehicle
 Must have probable cause to arrest
 Search and seizure laws apply
3
December 2009
Patrol Procedures
Goals of Traffic Law Enforcement
 Save Lives


Deter violators (stop unsafe behaviors)
Increase compliance
 Fight Crime
 Interact with the public (build trust)
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December 2009
Patrol Procedures
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.
5
December 2009
Patrol Procedures
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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December 2009
Patrol Procedures
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.
7
December 2009
Patrol Procedures
Wisconsin Motor Vehicle Laws
WISCONSIN
Motor Vehicle Laws
December 2009
2006
8
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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December 2009
Patrol Procedures
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
10
Patrol Procedures
Chapter 110 – Motor Vehicles
Introduces laws regarding vehicular inspections,
the powers and duties of traffic officers and
rules regarding emissions programs.
11
December 2009
Patrol Procedures
Chapter 194 – Motor Vehicle
Transportation
Laws regarding licensing, registration,
inspections and financial responsibilities of
motor carrier vehicles
12
December 2009
Patrol Procedures
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.
13
December 2009
Patrol Procedures
Chapter 340 – Vehicles – General
Provisions
 Key Chapter for Police Officers
 Important Definitions
 Official language used in reports and in court
14
December 2009
Patrol Procedures
Definitions
15
December 2009
Patrol Procedures
Vehicle Registration / Titles and
Anti-Theft Laws
 Chapter 341 – Registration of Vehicles
 Chapter 342 – Vehicle Title and Anti-Theft
Laws
16
December 2009
Patrol Procedures
Chapter 341 – Registration of
Vehicles
 Procedures to register vehicles within the
State of Wisconsin
JUL
07
17
Patrol Procedures
Chapter 342 – Vehicle Title and
Anti-Theft Laws
 Certificates of title
 Transfer of titles
 Anti-theft and Anti-fraud provisions
18
December 2009
Patrol Procedures
Operator Licensing
 Chapter 343 – Operators’ licensing
 Driver licensing abbreviation code
 Out-of-state abbreviation table
 County code table
Patrol Procedures
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
20
Patrol Procedures
Driver Licensing Abbreviation Code
Pages 287 – 288 in the Wisconsin Motor Vehicle Law Book
 Abbreviations used on drivers’ licenses
DRIVER LICENSING ABBREVIATION CODES
BDS245
ACF
ADL
AEO
AFA
AFU
AKA
ALC
APL
6/2003
Wisconsin Department of Transportation
Accident Conviction Fatal
Altering Driver License
Attempt to Elude Officer
Appear for Exam for Another
DSP – Assessment Agency Follow-Up Required
Also Known As
Alcohol Related Incident Cancellation
Appealed
F
FA
FAE
BAC Blood Alcohol Concentration
BI
Blocking Illegally
CA
CAC
CAD
CAH
DLT
DOW
DQF
DR
DS
DSP
DWS
Commercial Alcohol
Commercial Admin. Suspension
Commercial Alcohol Causing Death
Commercial Alcohol Causing Great Bodily Harm
Deviating from Lane of Traffic
Driving Over Walk
Disqualification
Driver Record
Defective Speedometer
Duty Upon Striking Property
Driving on Wrong Side of Highway
Fatal Accident
Falsified Application
Failure to Appear for Examination or to File
Requested Medical Report
FAR Falsified Accident Report
FD
Found Delinquent
FDL Failure to Dim Lights
FFS Failure to Fasten Seat Belts
Patrol Procedures
Out-of-State Abbreviation Table
Page 289 in the Wisconsin Motor Vehicle Law Book
 Lists the abbreviations of other states
County Code Table
Page 290 in the Wisconsin Motor Vehicle Law Book
 Lists the abbreviations for each county in Wisconsin
County Code Table
Code County
Code County
Code County
01 Adams
02 Ashland
03 Barron
04 Bayfield
05 Brown
06 Buffalo
07 Burnett
08 Calumet
09 Chippewa
10 Clark
11 Columbia
12 Crawford
13 Dane
14 Dodge
15 Door
16 Douglas
17 Dunn
18 Eau Claire
19 Florence
20 Fond du Lac
21 Forest
22 Grant
23 Green
24 Green Lake
Nations
25 Iowa
26 Iron
27 Jackson
28 Jefferson
29 Juneau
30 Kenosha
31 Kewaunee
32 La Crosse
33 Lafayette
34 Langlade
35 Lincoln
36 Manitowoc
37 Marathon
38 Marinette
39 Marquette
40 Milwaukee
41 Monroe
42 Oconto
43 Oneida
44 Outagamie
45 Ozaukee
46 Pepin
47 Pierce
48 Polk
49 Portage
50 Price
51 Racine
52 Richland
53 Rock
54 Rusk
55 St. Croix
56 Sauk
57 Sawyer
58 Shawano
59 Sheboygan
60 Taylor
61 Trempealeau
62 Vernon
63 Vilas
64 Walworth
65 Washburn
66 Washington
67 Waukesha
68 Waupaca
69 Waushara
70 Winnebago
71 Wood
72 Out-of-State
73 Menominee
Patrol Procedures
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
24
December 2009
Patrol Procedures
Civil and Criminal Liability
 Chapter 345 – Vehicles
Civil and Criminal Liability
Discusses civil liability,
arrests, bail and
penalties.
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December 2009
Patrol Procedures
Rules of the Road
****Chapter 346 – Rules of the Road****
Rules Law Enforcement officers will write
most citations for when conducting traffic
law enforcement
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December 2009
Patrol Procedures
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.
27
Patrol Procedures
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.
28
Patrol Procedures
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.
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…
30
December 2009
Patrol Procedures
§ 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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December 2009
Patrol Procedures
§ 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.
32
Patrol Procedures
§ 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.
33
December 2009
Patrol Procedures
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)
34
December 2009
Patrol Procedures
Driving, Meeting, Overtaking
and 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:
35
December 2009
Patrol Procedures
Driving, Meeting, Overtaking
and Passing § 346.072 Cont.
 (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
36
Patrol Procedures
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
Driving, Meeting, Overtaking
and Passing § 346.08 Cont.
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…
38
December 2009
Patrol Procedures
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.
Right Lane
No Passing
No Passing Zone
Can Pass
Driving, Meeting, Overtaking
and 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.
40
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.
41
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 rightof-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.
42
Patrol Procedures
Respective Rights and Duties of
Drivers, Pedestrians, Bicyclist, and
riders of Electric Personal Assistive
Mobility Devices
 § 346.23
Wisconsin Motor Vehicle Law
page 179
43
December 2009
Patrol Procedures
Turning § 346.31
One way onto a two way
Two way onto a one way
Multiple Turn Lanes
One way onto a one way
Two approaching left turns
Patrol Procedures
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)
45
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.
46
Patrol Procedures
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.
47
December 2009
Patrol Procedures
Traffic Signs, Signals and Markings
 § 346.37(1)(c)3

Turn right at a a red light after…

Turn left at a red light?
(Wisconsin Motor Vehicle Law Page 182)
48
Patrol Procedures
Traffic Signs, Signals and
Markings
 § 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.
49
December 2009
Patrol Procedures
Traffic Signs, Signals and
Markings
 § 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.
50
December 2009
Patrol Procedures
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
51
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…

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.
53
December 2009
Patrol Procedures
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.
54
Patrol Procedures
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.
Required Stops § 346.48 Cont.
Without Median
With Median
57
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…
58
December 2009
Patrol Procedures
Restrictions on Stopping and
Parking § 346.51 Cont.
 …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.
59
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
60
Patrol Procedures
Restrictions on Stopping and
Parking
 § 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.
61
How to Park and Stop on Streets
 § 346.54
(Wisconsin Motor Vehicle Law Page 190)
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.
63
December 2009
Patrol Procedures
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.
64
Patrol Procedures
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
65
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.
66
December 2009
Patrol Procedures
Minimum Speed Regulation §
346.59 Cont.

(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.
67
December 2009
Patrol Procedures
Motorcycles and Mopeds
 § 346.595

Whenever a motorcycle or a moped is
operated the following apply:

December 2009
(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.
68
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.
69
Motorcycles and Mopeds
§ 346.595 Cont.
 (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.
70
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.
71
December 2009
Patrol Procedures
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.
72
December 2009
Patrol Procedures
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.
73
December 2009
Patrol Procedures
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.
74
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.
75
December 2009
Patrol Procedures
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.

76
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.
77
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.
78
December 2009
Patrol Procedures
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.
79
Patrol Procedures
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
80
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.
81
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.
82
December 2009
Patrol Procedures
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.
83
Vehicle Equipment, size,
weight and load
 Chapter 347 – Equipment of Vehicles
 Chapter 348 – Vehicles – size, weight and
load
 Chapter 305 – Trans Code
84
December 2009
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 connections
in poor condition. Lens or reflectors covered or obscured by object
or 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.
Chapter 347 and
Tr. 305
FLOOR PAN/ FIRE WALL
Tr.305.21(1)-(4) (Floor Pan) Not maintained. Rusted
areas or holes which could allow entry of exhaust gasses
or 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 or
mechanisms through firewall are not sealed to prevent
exhaust 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
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.
SIDE MARKER LAMPS/ REFLECTORS
Tr.305.14(1)-(4) Not equipped. Not maintained.
Wiring or connections not maintained. Not
securely mounted or maintained.
REGISTRATION PLATE LAMP
FRAMES
347.13(3) Required/ Operational.
347.13(4) Required w/ headlamps and auxiliary lights.
Tr.305.13(1)&(2) Lamp, wiring and connections must be
maintained in proper working condition. Lamp shines
away from vehicle.
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.
SUSPENSION
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 switch
does not function properly. Signal indicator inoperative,
missing or not maintained. Wiring or connections not
maintained in good condition. Cracked, broken or
missing lens or reflector.
BRAKES
347.455(1) Modify suspension to raise more than 4 inches above
manufacturer’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.
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 side
pull when stopping. Insufficient pedal reserve. System leaks
or parts are disconnected. Linings, pads, drums or rotors do
not meet manufacturer’s minimum recommendations. Cables
are frayed. Hoses abraded. Brake is contaminated. Parking
brake does not hold or release.
WINDSHIELD WIPERS
BUMPER/ FENDER
347.42(1) Required and Maintained
TR.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.
347.46(1)&(2) Fender and Mudguards required.
Tr.305.18(1)&(2) (Bumper) Required part removed or not equipped. Not
securely 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 than
4” beyond original fender line. Projects away in a hazardous manner.
HEADLAMPS
STEERING
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 tinting
is allowed under sub (4)-(6). Cannot be reflective.
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).
MIRRORS
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. Dimmer
switch inoperative. Poor connections or wiring. Unequal
number and improperly mounted. Missing or loose. Covers.
TURN SIGNALS – FRONT
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.
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 Covering
347.15(3) Indicator required for driver.
Tr.305.09(1)-(5) Light does not function. Signal
switch does not function. Covered or obscured. Poor
wiring. Cracked, broken or missing lens or reflector.
DOORS/HOOD/LOCKS & LATCHES
Tr.305.19(1)-(4) Latches, locks, hinges and
handles are not maintained in working order. Door is
missing or inoperative. Hood has protrusion of more
than 3 inches. Trunk lid or hatchback latch shall
operate properly.
PARKING LAMPS
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. Use
of non-rigid tubing. System is unprotected. Inadequate patch or improper
discharge of fumes from muffler. System does not extend beyond the body
line. 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 in
passenger or engine compartment, trunk or in bed of truck (see exemptions in
Tr.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.
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.
Tr.305.30(1) – (9) Less than 2/23” tread depth on tire. Tire may not
protrude more than 2”. Tire and rim may not 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.
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 allowed
Tr.305.43(1) Does not meet lighting requirement for head
lights, 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.
(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 the
front and red or amber to the rear for 1972 cycle or newer. Has
more than 2 auxiliary lights including lights on side car. Marker
lights exceed 10 watts, interfere with visibility of head lamp, tail
lamp, stop lamp or directional. Marker light is color other than
red 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.
HANDLE BARS
347.486 Handle grips ride higher than 30 inches from lowest
point of drivers seat. Handle bar is defective, improvised or
repaired.
HORN
(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.
SPEED INDICATOR/ODOMETER
Tr.305.28(1)-(4) Speedometer not maintained in
proper working order. Not accurate + or – 5%.
Speedometer lamp to illuminate does not come on with
headlights or parking lamps. Odometer not maintained
in proper working order or equipped. Speedometer not
clearly mounted/ positioned as to be visible to the driver
at all times.
EXHAUST
347.38(1) Must be equipped w/ horn in operating
condition capable of emitting an audible signal
which can be heard at least 200 feet away.
Tr.305.42(1)&(2) Not equipped or in conformity
with 347.38. Not secure. Not activated by a button
and electrical connection. Not maintained in proper
working order.
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 not
maintained. 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.
SUSPENSION
FENDERS/ BUMPERS
Tr.305.46(1)-(4) Improperly modified suspension.
Rake exceeds 55 degrees with less than 2” trail on cycle
prior to 1976. Rake exceeds 50 degrees with less than 2
inch trail after 1976. Not equipped with front shock
absorbing system. Front suspension is not one piece
construction or has screw-on extensions or “slugs.” Shock
absorber is not in proper working order or leaks.
TIRES/ WHEELS & RIMS
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 one
wheel or both wheels if originally manufactured.
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 not
protrude 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.
Tr.305.40(1)&(2) Required fender missing (front or
rear or both). Fender does not cover width of tread.
Fender does not cover lengthwise from 15 degrees to the
front and 60 degrees to the rear. Type 2 motorcycle not
equipped with rear bumper as specified for homemade or
reconstructed vehicle under Tr.305.18.
FUEL SYSTEM
Tr.305.41(1)-(3) System leaks. Missing cap or
positive closing device. Tank is not manufacturer
tank or does not meet or exceed industry standards.
SIDECARS
Tr.305.45(1)&(2) Sidecar not securely attached to
frame or attached to other than right side. Sidecar is not
equipped with a stop or tail lamp. Optional head lamp
does not meet requirements or 347.09(2).
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
88
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
December 2009
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
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.
92
Height – 348.06
 If taller than 13 ½ feet – need a permit for
temporary movement
 Bridge Height
93
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
94
Patrol Procedures
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
95
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
96
Powers of State and Local
Authorities
 Chapter 349 – Vehicles – powers of state
and local authorities

General Provisions

Express Regulatory Powers

Licensing Powers
97
December 2009
Patrol Procedures
Chapter 350 - Snowmobiles
Shall be considered
a motor vehicle or
vehicle for purposes
made specifically
applicable by statute.
98
December 2009
Patrol Procedures
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.
99
December 2009
Patrol Procedures
Impounding / Removing Vehicles
 When are you authorized?

Obstructing traffic

Sign saying can’t be parked there

Court order

Private Property
100
December 2009
Patrol Procedures
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)
101
December 2009
Patrol Procedures
Learning Objectives
 Goals of Traffic Law Enforcement
 Motor Vehicle Laws
 Authority to Impound / Remove Vehicles
102
December 2009
Patrol Procedures
QUESTIONS?
Patrol Procedures
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