2013 WISCONSIN ACT
350
An Act
to repeal
346.89 (2);
to amend
346.89 (1) and 346.95 (1); and
to create
346.89 (5) and 346.89 (6) of the statutes;
relating to:
inattentive driving and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
346.89 (1) of the statutes is amended to read:
346.89
(1)
No person while driving a motor vehicle
shall be so
may be
engaged or occupied
as
with an activity, other than driving the vehicle, that interferes or reasonably appears
to interfere with the
safe driving of such vehicle
person's ability to drive the vehicle safely
.
Section
2m
.
346.89 (2) of the statutes is repealed.
Section
3
.
346.89 (5) of the statutes is created to read:
346.89
(5)
Subject to subs. (3) and (6), no person while driving a motor vehicle, other than an authorized emergency vehicle, a commercial motor vehicle described in s. 340.01 (8), or a tow truck, may operate or be in a position to directly observe any electronic device located within the vehicle that is activated and that is providing entertainment primarily by visual means. This subsection does not prohibit a person from using a cellular telephone for purposes of verbal communication.
Section
4
.
346.89 (6) of the statutes is created to read:
346.89
(6)
Subsection (5) does not apply to any of the following:
(a) Any global positioning system device.
(b) The display by any device of information related to the operation, navigation, condition, radio, or safety of the vehicle or that is intended to be used to enhance the driver's view forward, behind, or to the sides of a motor vehicle.
(c) The display by any device of information related to traffic, road, or weather conditions.
(d) Any device in a vehicle that permits the vehicle driver to monitor vehicle occupants seated rearward of the driver.
(e) Any device installed or mounted, either permanently or temporarily, in the vehicle that, with respect to the vehicle operator, functions as provided in par. (a), (b), (c), or (d) while simultaneously providing entertainment visible only from passenger seats of the vehicle.
Section
5
.
346.95 (1) of the statutes is amended to read:
346.95
(1)
Any person violating s. 346.87, 346.88, 346.89
(2) or
(4)
,
or (5),
346.90 to 346.92 or 346.94 (1), (9), (10), (11), (12) or (15) may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.
Section
6
.
Initial applicability.
(1) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for purposes of sentencing a person.
Section
7
.
Effective date.
(1) This act takes effect on the first day of the 4th month beginning after publication.
