2009 WISCONSIN ACT
97
An Act
to amend
346.05 (1) (a), 346.05 (3), 346.08 (intro.) and (1), 346.09 (4), 346.13 (2), 346.15, 346.18 (2), 346.31 (3) (title), (a) and (b), 346.31 (4), 346.33 (1), 346.33 (2), 346.34 (1) (b), 346.35 (1), 346.37 (1) (a) 1., 346.37 (1) (c) 3., 346.37 (1) (d) 1., 346.80 (2) (a) 2. and 349.10 (2);
to repeal and recreate
346.33 (title); and
to create
340.01 (73r), 346.33 (1) (e) and (f) and 346.33 (1m) of the statutes;
relating to:
U-turns on highways and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
340.01 (73r) of the statutes is created to read:
340.01
(73r)
"U-turn" means the turning of a vehicle so as to proceed in the opposite direction.
Section
2
.
346.05 (1) (a) of the statutes is amended to read:
346.05
(1)
(a) When making an approach for a left turn
or U-turn
under circumstances in which the rules relating to left turns
or U-turns
require driving on the left half of the roadway; or
Section
3
.
346.05 (3) of the statutes is amended to read:
346.05
(3)
Any vehicle proceeding upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand edge or curb of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn
or U-turn
at an intersection or
a left turn
into a private road or driveway, and except as provided in s. 346.072.
Section
4
.
346.08 (intro.) and (1) of the statutes are amended to read:
346.08
When overtaking and passing on the right permitted.
(intro.) The operator of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting
such
the
movement in safety and only if the operator can do so
without driving off the pavement or main-traveled portion of the
while remaining on either the
roadway
or a paved shoulder
, and then only under the following conditions:
(1)
When the vehicle overtaken is making or about to make a left turn
or U-turn
; or
Section
5
.
346.09 (4) of the statutes is amended to read:
346.09
(4)
Other provisions of this section notwithstanding, the operator of a vehicle
shall
may
not overtake and pass on the left any other vehicle which, by means of signals as required by s. 346.34 (1), indicates its intention to make a left turn
or U-turn
.
Section
6
.
346.13 (2) of the statutes is amended to read:
346.13
(2)
Upon a 2-way roadway which is divided into 3 lanes the operator of a vehicle
shall
may
not drive in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and
such
the
center lane is clear of traffic within a safe distance, or in preparation for a left turn
or U-turn
, or where
such
the
center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is marked or posted to give notice of
such
the
allocation.
Section
7
.
346.15 of the statutes is amended to read:
346.15
Driving on divided highway.
Whenever any highway has been divided into 2 roadways by an intervening unpaved or otherwise clearly indicated dividing space or by a physical barrier
so
constructed
as
to substantially impede crossing by vehicular traffic, the operator of a vehicle shall drive only to the right of
such
the
space or barrier and no operator of a vehicle shall drive over, across
,
or within
any such
the
space or barrier except through an opening or at a crossover or intersection established by the authority in charge of the maintenance of the highway, except that the operator of a vehicle when making a left turn to or from a private driveway, alley
,
or highway
or making a U-turn
may drive across a paved dividing space or a physical barrier not
so
constructed
as
to impede crossing by vehicular traffic, unless
such
the
crossing is prohibited by signs erected by the authority in charge of the maintenance of the highway.
Section
8
.
346.18 (2) of the statutes is amended to read:
346.18
(2)
Turning left
or making a U-turn
at intersection.
The operator of a vehicle within an intersection intending to turn to the left
across the path of any vehicle approaching from the opposite direction
or make a U-turn
shall yield the right-of-way to
such
any
vehicle
approaching from the opposite direction
.
Section
9
.
346.31 (3) (title), (a) and (b) of the statutes are amended to read:
346.31
(3)
(title)
Left turns
and U-turns
.
(a) The approach for a left turn
or U-turn
shall be made in
that
the
lane farthest to the left which is lawfully available to traffic moving in the direction of travel of the vehicle about to turn left. Unless otherwise marked or posted, this means the lane immediately to the right of the center line or center dividing strip of a 2-way highway and the lane next to the left-hand curb or edge of the roadway of a one-way highway.
(b) The intersection shall be entered in the lane of approach and, whenever practicable, the left turn
or U-turn
shall be made in that portion of the intersection immediately to the left of the center of the intersection. For the purposes of this paragraph, a divided highway intersected by any other highway is considered to be one intersection.
Section
10
.
346.31 (4) of the statutes is amended to read:
346.31
(4)
Left turns
and U-turns
on 3-lane highways.
On a 2-way highway having an uneven number of lanes the approach for a left turn
or U-turn
shall be made in the center lane
thereof
, unless otherwise posted or marked. A left turn into a 2-way highway having an uneven number of lanes shall be made so as to enter the highway in the lane immediately to the right of the center lane.
Section
11
.
346.33 (title) of the statutes is repealed and recreated to read:
346.33
(title)
U-turns.
Section
12
.
346.33 (1) of the statutes is amended to read:
346.33
(1)
The operator of a vehicle
shall
may
not
turn the vehicle so as to proceed in the opposite direction
make a U-turn
upon a highway at any of the following places:
(a) At any intersection at which traffic is being controlled by
traffic control signals or by
a traffic officer
;
unless instructed by the officer to make a U-turn.
(b) In mid-block on any street in a business district, except where the highway is a divided highway and where the
turn
U-turn
is made at an opening or crossover established by the authority in charge of the maintenance of the highway.
(c) In mid-block on any through highway in a residence district, except where the highway is a divided highway and where the
turn
U-turn
is made at an opening or crossover established by the authority in charge of the maintenance of the highway.
(d) At any place where signs prohibiting
such turn
a U-turn
have been erected by the authority in charge of the maintenance of the highway.
Section
13
.
346.33 (1) (e) and (f) of the statutes are created to read:
346.33
(1)
(e) Upon a curve or upon the approach to or near the crest of a grade on any undivided highway where the vehicle cannot be seen by the driver of any other vehicle within 500 feet approaching from any direction.
(f) At any place where a U-turn cannot be made safely or without interfering with other traffic.
Section
14
.
346.33 (1m) of the statutes is created to read:
346.33
(1m)
The operator of a vehicle shall exercise due care when making a U-turn upon a highway and shall only make a U-turn when the movement can be made safely and without interfering with other traffic.
Section
15
.
346.33 (2) of the statutes is amended to read:
346.33
(2)
The operator of a vehicle
shall
may
not back the vehicle
into an intersection at which turns are prohibited by sub. (1) (a) for the purpose of turning the vehicle so as to proceed in the opposite direction upon the highway
at an intersection controlled by an official traffic control device for the purpose of making a U-turn
.
Section
16
.
346.34 (1) (b) of the statutes is amended to read:
346.34
(1)
(b) In the event any other traffic may be affected by
such
the
movement, no person may
so
turn any vehicle without giving an appropriate signal in the manner provided in s. 346.35.
A person making a U-turn shall use the same signal used to indicate a left turn.
When given by the operator of a vehicle other than a bicycle or electric personal assistive mobility device,
such
the
signal shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. The operator of a bicycle or electric personal assistive mobility device shall give
such
the
signal continuously during not less than the last 50 feet traveled before turning. A signal by the hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electric personal assistive mobility device.
Section
17
.
346.35 (1) of the statutes is amended to read:
346.35
(1)
Left turn
or U-turn
—Hand and arm extended horizontally.
Section
18
.
346.37 (1) (a) 1. of the statutes is amended to read:
346.37
(1)
(a) 1. Vehicular traffic facing a green signal may proceed straight through
, make a U-turn,
or turn right or left unless a sign at such place prohibits
either such turn
the turning maneuver
, but vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time
such
the
signal is exhibited.
Section
19
.
346.37 (1) (c) 3. of the statutes is amended to read:
346.37
(1)
(c) 3. Vehicular traffic facing a red signal at an intersection may, after stopping as required under subd. 1., cautiously enter the intersection to make a right turn into the nearest lawfully available lane for traffic moving to the right or to turn left from a one-way highway into the nearest lawfully available lane of a one-way highway on which vehicular traffic travels to the left. No turn may be made on a red signal if lanes of moving traffic are crossed or if a sign at the intersection prohibits a turn. In making a turn on a red signal vehicular traffic shall yield the right-of-way to pedestrians, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk
, to operators of vehicles making a lawful U-turn,
and to other traffic lawfully using the intersection.
Section
20
.
346.37 (1) (d) 1. of the statutes is amended to read:
346.37
(1)
(d) 1. Vehicular traffic facing a green arrow signal may enter the intersection
only
to make the movement indicated by the arrow but shall yield the right-of-way to pedestrians, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection.
Vehicular traffic facing a left turn arrow may make a U-turn unless a sign prohibits U-turns.
When the green arrow signal indicates a right or left turn traffic shall cautiously enter the intersection.
Section
21
.
346.80 (2) (a) 2. of the statutes is amended to read:
346.80
(2)
(a) 2. When preparing for a left turn
or U-turn
at an intersection or
a left turn
into a private road or driveway.
Section
22
.
349.10 (2) of the statutes is amended to read:
349.10
(2)
No local authority shall declare any part of a connecting highway between portions of the state trunk highway system to be a one-way highway or prohibit right or left turns
or U-turns
at any intersection of one such connecting highway with another without due regard for the expeditious flow of intercity traffic using the state trunk highways and without first conferring with the department on the problems involved.
Section
23
.
Initial applicability.
(1)
This act first applies to violations committed on the effective date of this subsection.
Section
24
.
Effective date.
(1)
This act takes effect on the January 1 after publication.