Changes to the ORV intoxicated Laws - Bill AB439 Please read the last sentence
Posted: Wed Jan 04, 2012 10:36 pm
Significant changes to ORV intoxicated laws, Motor Vehicle license revocation and elimination of Snowmobile Safety Classrom hours requirement have been proposed.
AB-439 was introduced by Representative Bies on December 20, 2011
Bill History: [url]http://www.legis.state.wi.us/2011/data/AB439hst.html[/url]
Relating to: intoxicated operation of all-terrain vehicles, snowmobiles, motorboats, and motor vehic...
[url]http://docs.legis.wisconsin.gov/2011/re ... sals/ab439[/url]
Wisconsin law currently has separate groups of statutes that regulate three types of Off Road vehicle operation: ATV, motorboat and snowmobile operation under the influence of alcohol or a controlled substance. To make this summary simpler, lets call these three types: “Off-Road Vehicle” (ORV) intoxicated operation. Car/truck/motorcycle is referred to as Motor Vehicle (MV) intoxicated operation. This law makes the statutory provisions of ORV intoxicated operations more consistent for all three types.
Assembly Bill 439 proposes these changes. It has been assigned to the Assembly Transportation Committe initially. This summary is in the same order, as the Analysis by the Legislative Reference Bureau at the beginning of the bill. This law will take effect on the 1st day of the 4th month beginning after publication.
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1. It raises the age of absolute sobriety (zero tolerance) for snowmobile and ATV’s to 21, which makes it consistent with motorboats.
2. Where the penalties for a type of ORV intoxicated operation or refusal to test, is less than for another type of ORV, the higher penalty is adopted for all.
3. Increased penalties for violating ORV intoxicated operation or ORV refusal to test, if the ORV has a passenger under 16 years of age.
4. Repeals the increased penalties for ATV operation with a Blood Alcohol Concentrations (BAC) of 0.17% or more.
* Currently repeat offense penalties only count previous convictions on the SAME TYPE of Off-Road Vehicle. This bill would count convictions on any of the three ORV’s in the previous 5 years (staring with this bill’s effective date) when imposing a penalty.
* Requires a court to suspend the operator’s privilege on all ORV operations for between 12 and 16 months when a penaly is imposed for ORV intoxicated operation or ORV refusal. It also provides a forfeiture and additional 6 month operating privilege suspension for violating the order of suspension (operating with a suspensed privilege).
>>* If found guilty of a repeat violation of ORV intoxicated operation or ORV refusal within the previous five years, the court is required to revoke the Motor Vehicle (MV) privilege (driver’s license) for not less than 6 months and not more than 12 months. This person may be eligible for an occupational driver’s license at any time during the revocation period. Reinstatement of the revoked MV driver’s privilege has a $140 fee.
>>* If a person has had their MV operating privilege suspended or revoked for violation of MV operation while intoxicated, they may not operate an ORV for that same period. It also provides a forfeiture and additional 6 month operating privilege suspension for violating the order of suspension (operating with a suspensed privilege).
* Similar to existing MV operation law, persons with 2nd, 3rd and 4th offenses of the ORV intoxicated operation or refusal law, may have their sentences reduced if the violator succesfully completes a period of probation that includes an alcohol and drug treatment program. A person can receive this sentence reduction only once.
>>. This bill repeals the requirement for persons under the age of 16, to receive 6 hours of classroom instruction, and it repeals the option for the instructor to provide up to 2 additional hours of instruction on a snowmobile as to how it is actually operated.
AB-439 was introduced by Representative Bies on December 20, 2011
Bill History: [url]http://www.legis.state.wi.us/2011/data/AB439hst.html[/url]
Relating to: intoxicated operation of all-terrain vehicles, snowmobiles, motorboats, and motor vehic...
[url]http://docs.legis.wisconsin.gov/2011/re ... sals/ab439[/url]
Wisconsin law currently has separate groups of statutes that regulate three types of Off Road vehicle operation: ATV, motorboat and snowmobile operation under the influence of alcohol or a controlled substance. To make this summary simpler, lets call these three types: “Off-Road Vehicle” (ORV) intoxicated operation. Car/truck/motorcycle is referred to as Motor Vehicle (MV) intoxicated operation. This law makes the statutory provisions of ORV intoxicated operations more consistent for all three types.
Assembly Bill 439 proposes these changes. It has been assigned to the Assembly Transportation Committe initially. This summary is in the same order, as the Analysis by the Legislative Reference Bureau at the beginning of the bill. This law will take effect on the 1st day of the 4th month beginning after publication.
----------------------------
1. It raises the age of absolute sobriety (zero tolerance) for snowmobile and ATV’s to 21, which makes it consistent with motorboats.
2. Where the penalties for a type of ORV intoxicated operation or refusal to test, is less than for another type of ORV, the higher penalty is adopted for all.
3. Increased penalties for violating ORV intoxicated operation or ORV refusal to test, if the ORV has a passenger under 16 years of age.
4. Repeals the increased penalties for ATV operation with a Blood Alcohol Concentrations (BAC) of 0.17% or more.
* Currently repeat offense penalties only count previous convictions on the SAME TYPE of Off-Road Vehicle. This bill would count convictions on any of the three ORV’s in the previous 5 years (staring with this bill’s effective date) when imposing a penalty.
* Requires a court to suspend the operator’s privilege on all ORV operations for between 12 and 16 months when a penaly is imposed for ORV intoxicated operation or ORV refusal. It also provides a forfeiture and additional 6 month operating privilege suspension for violating the order of suspension (operating with a suspensed privilege).
>>* If found guilty of a repeat violation of ORV intoxicated operation or ORV refusal within the previous five years, the court is required to revoke the Motor Vehicle (MV) privilege (driver’s license) for not less than 6 months and not more than 12 months. This person may be eligible for an occupational driver’s license at any time during the revocation period. Reinstatement of the revoked MV driver’s privilege has a $140 fee.
>>* If a person has had their MV operating privilege suspended or revoked for violation of MV operation while intoxicated, they may not operate an ORV for that same period. It also provides a forfeiture and additional 6 month operating privilege suspension for violating the order of suspension (operating with a suspensed privilege).
* Similar to existing MV operation law, persons with 2nd, 3rd and 4th offenses of the ORV intoxicated operation or refusal law, may have their sentences reduced if the violator succesfully completes a period of probation that includes an alcohol and drug treatment program. A person can receive this sentence reduction only once.
>>. This bill repeals the requirement for persons under the age of 16, to receive 6 hours of classroom instruction, and it repeals the option for the instructor to provide up to 2 additional hours of instruction on a snowmobile as to how it is actually operated.
