Traffic Regulation

League members may also request an opinion directly from the League via email. Please include the subject heading and number when making such a request.

432. The Federal Surface Transportation and Assistance Act's provision governing access to System of Interstate and Defense highways did not preempt state law prohibiting operation of a vehicle in violation of seasonal or special weight limitations (Wis. Stat. § 348.17) or town's citing of tractor-trailer driver for driving on town road in excess of town's seasonal weight restriction where driver had reasonable access to its destination through readily available permit process, and well-founded police power consideration - avoiding damage to roads that were especially vulnerable during spring thaw. Town of Delafield v. Central Transport Kriewaldt, 2020 WI 61, 944 N.W.2d 819. Article authored by Attorneys E. Joseph Kershek and Kimberly Kershek.

431. Pursuant to authority under Wis. Stat. secs. 349.06(1)(a) and 349.18(1)(d), municipalities can enact ordinances in strict conformity with sec. 346.94(23) which regulate commercial quadricycles, also known as pedal pubs, and such ordinances may establish an earlier time than in sec. 349.18(1)(d) which prohibits persons from driving a commercial quadricycle occupied by passengers after 10:30 P.M. 4/30/14.

430. Subject to any lawful restrictions established by a city council, village board or other local body or official with authority to direct or control their activity, a city or village police officer may issue a first offense Operating While Under the Influence (OWI) state citation for violating sec. 346.63(1)(a) in the name of the State of Wisconsin irrespective of whether or not there is a municipal ordinance counterpart enacted under 349.06(1)(a) regulating the same conduct. 4/11/12.

429. Municipalities need to establish and implement a sign assessment or management method to plan for compliance with standards created by the U.S. Department of Transportation's Federal Highway Administration governing street sign retroreflectivity and  lettering size and format.  These reflect updates to the Manual on Uniform Traffic Control Devices made in 2000, 2003 and 2009.  Note includes references to online  resources  explaining the requirements and aimed at assisting compliance. (Leslie Wollack, NLC). 10/29/10.

428. The plain meaning of Wis. Stat. secs. 346.63(1)(a) and 346.63(1)(b) explicitly require that the evidence demonstrate that a defendant has physically manipulated or activated any of the controls of the motor vehicle necessary to put it in motion and evidence of mere restraint of a vehicle by sitting in the driver's seat is insufficient to satisfy this requirement. Village of Cross Plains v. Haanstad, 2006 WI 16, __ Wis. 2d __, __ N.W.2d __ .02/28/06.