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Previous laws of the month

• Wisconsin's 'Absolute Sobriety Law' means not a drop of alcohol for drivers under age 21 - April 2012
• Wear your safety belt or risk being stopped and ticketed - March 2012
• Driving too fast for conditions causes many wintertime troubles - February 2012
• Move Over Law: Drivers must provide a safety zone for stopped law enforcement and other emergency vehicles - January 2012
• December is National Drunk & Drugged Driving Prevention Month
  Drugged drivers in Wisconsin face severe punishments - December 2011
• How to meet the challenges of winter driving in Wisconsin - November 2011
• Motorists will need to share the road with farm equipment and other slow-moving vehicles during harvest season - October 2011
• Drivers must be even more vigilant when school starts - September 2011
• Intersection crashes can be prevented by obeying traffic signals - August 2011
• Drunken drivers face court-ordered installation of ignition interlock devices - July 2011
• Slower traffic keep right: Drivers must allow faster traffic to pass in the left lane on divided highways - June 2011
• Tailgating increases your risks of a traffic ticket and a crash - May 2011

April 2012

Wisconsin's 'Absolute Sobriety Law' means not a drop of alcohol for drivers under age 21

All drivers under age 21 don’t have to guess about how much alcohol they may drink and still legally get behind the wheel. Wisconsin law requires absolute sobriety for drivers under age 21, which means they may not consume any amount of alcohol—not even a drop—and legally operate a motor vehicle.

Young drivers convicted of violating Wisconsin’s Absolute Sobriety Law will have their license suspended for three months. They also will have to pay a $389.50 citation and will have four demerit points assessed on their license.

“At any age, even a small amount of alcohol may impair decision-making, reaction time, and other mental and physical skills needed to drive safely. But teens and young people, who tend to take more risks and generally have less driving experience, are especially susceptible to traffic crashes after drinking,” says Wisconsin State Patrol State Patrol Superintendent Stephen Fitzgerald. “In Wisconsin, traffic crashes are the leading cause of death for young people. And as the prom and graduation party season begins, we don’t want young drivers or their passengers to suffer serious injuries or tragic deaths because of a disastrous decision, such as getting behind the wheel after drinking.”

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March 2012

Wear your safety belt or risk being stopped and ticketed

For years, motorists have heard the slogan “Click It or Ticket” as a warning that they risk being ticketed for ignoring Wisconsin’s mandatory safety belt law, which has been on the books for nearly 25 years.

Despite these countless warnings, however, too many drivers and passengers still ignore the law—and they are getting caught. There were nearly 120,000 convictions for failure to fasten safety belts in 2010, which was second only to speeding for the number of traffic convictions in the state.

“We stringently enforce the safety belt law to motivate people to buckle up every time they drive or ride in a vehicle—not to write more tickets,” says State Patrol Superintendent Stephen Fitzgerald. “Tragically, too many people believe that a violent crash will never happen to them, so they don’t fasten their safety belt. Our message is clear. If you want to avoid the delay, inconvenience and anxiety of being stopped and ticketed by a law enforcement officer, you should always wear your safety belt.”

Drivers also should be aware that they may be ticketed for any unbelted passengers in their vehicles, according to a law enacted in 2006.

“Consistent safety belt use is the most effective protection against being ejected from a vehicle during a crash or thrown around violently inside it and possibly hitting another vehicle occupant with massive force,” Superintendent Fitzgerald says. “Whether you’re driving down the street or across the state, you need to buckle up, so we can ultimately reduce the number of preventable traffic deaths to Zero in Wisconsin.”

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February 2012

Driving too fast for conditions causes many wintertime troubles

Even people who take pride in being under control in every situation can easily lose control of their vehicles on icy or snow covered roads when they drive too fast for conditions.

“When there’s ice, snow and slick spots on roadways or when visibility is reduced because of bad weather, driving at the posted speed limit might actually be too fast for conditions,” says Wisconsin State Patrol Superintendent Stephen Fitzgerald. “The speed limit is based on a dry roadway and good driving conditions. You might not be able to stop or control your vehicle at that speed on a slippery road or during hazardous weather.”

Slowing down when driving conditions deteriorate is not just sound advice—it’s also the law.

It is illegal to drive at speeds that exceed what is reasonable and prudent under existing road conditions. Drivers are required to adjust their speeds to take into account both the actual and potential hazards due to weather, highway conditions or other traffic.

A violation of this state law costs $213.10 with four demerit points added to the driver’s record. A second offense within a 12-month period costs $263.50 with four additional points.

“The slogan ‘Snow Means Slow’ also applies to four-wheel drive and other heavy-duty vehicles, which need ample room to stop on slippery roads,” says Superintendent Fitzgerald. “It’s too late to change your driving behavior after your vehicle is in the ditch or involved in a crash. If you drive too fast for conditions, you likely could end up paying a couple hundred dollars for a traffic ticket in addition to your towing and vehicle repair bills.”

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January 2012

Move Over Law: Drivers must provide a safety zone for stopped law enforcement and other emergency vehicles

This time of year, law enforcement officers, tow truck operators and emergency responders are busy working on the side of highways to rescue motorists and remove vehicles that have slid off icy roads or into other vehicles. Although the frigid conditions test their resolve, the greatest danger these workers face is being hit by vehicles traveling at high speeds just a few feet away.

To protect law enforcement officers, tow truck operators, emergency responders, road maintenance workers, and others who work on the side of roadways, Wisconsin has a Move Over Law. The law requires drivers to shift lanes if possible or slow down in order to create a safety zone for a law enforcement vehicle, ambulance, fire truck, tow truck or highway maintenance vehicle that is stopped or parked on the side of a road with its warning lights flashing.

“To create a safety zone on interstate highways and other divided roads with multiple directional lanes, you must move over to vacate the lane closest to the law enforcement or other emergency vehicle if you can safely switch lanes,” says Wisconsin State Patrol Superintendent Stephen Fitzgerald. “If the road has a single directional lane or you can’t safely move over because of traffic, you must reduce your speed until safely past the vehicle.”

Violating the Move Over Law can be expensive as well as dangerous. A citation costs $263.50 with three demerit points added to your license.

“When drivers disregard the Move Over Law, they are putting lives at risk. Failure of motorists to create a safety zone by moving over or slowing down is one of the major reasons that motor vehicle crashes kill more law enforcement officers on duty than any other cause. Tow truck operators, highway maintenance workers and emergency responders also are killed and injured when drivers don’t move over or slow down,” says Superintendent Fitzgerald. “By obeying the Move Over Law, drivers can protect themselves, their passengers, our officers and others who work on highways from needless injuries and deaths.”

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December 2011

December is National Drunk & Drugged Driving Prevention Month
Drugged drivers in Wisconsin face severe punishments

December marks the eighth anniversary of the enactment of a Wisconsin law that prohibits drivers from having any detectable amount of a controlled substance in their system, such as marijuana or cocaine, while operating a motor vehicle. The law also makes the legal penalties for drugged driving the same as drunken driving.

The Wisconsin State Patrol and other law enforcement agencies are continuing their efforts to combat drugged driving. “Law enforcement officers throughout the state have extensive training and experience in procedures that effectively identify drivers impaired by alcohol. Officers use many of those same procedures to identify drugged drivers,” says Wisconsin State Patrol Superintendent Stephen Fitzgerald. “Drivers who exhibit behavior or symptoms indicative of drug use must submit to a blood test that determines the presence of drugs. Refusing to submit to the blood test means an automatic revocation of the driver’s license.”

In addition to illegal drugs, the overuse or abuse of medications, especially when combined with alcohol, will often cause impaired driving. State law prohibits drivers from being “under the influence of any drug to a degree which renders him or her incapable of safely driving or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of driving safely.”

“Drivers under the influence of drugs, alcohol, or a combination of the two are deadly threats to everyone on the road,” says Superintendent Fitzgerald. “That’s why officers never take a break—even over the holiday season—from arresting those who choose to get behind the wheel while impaired.”

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November 2011

How to meet the challenges of winter driving in Wisconsin

Although the official start of winter this year is not until December 22, Wisconsin likely will be hit with the usual onslaught of ice, snow, and limited visibility that makes driving difficult-if not impossible-at times. To survive treacherous winter driving conditions, motorists must be patient and follow common-sense precautions.

When there's ice or snow, many motorists skid off the road or crash because they were driving too fast for conditions. “The posted speed limits are for dry pavement, and those speeds may be hazardous when roads are slick. The slogan ‘Snow Means Slow’ also applies to four-wheel drive and other heavy duty vehicles, which need ample distance for stopping on slippery roads, just like other vehicles,” says State Patrol Superintendent Stephen Fitzgerald. “A citation for driving too fast for conditions costs $213.10 with four demerit points.”

Winter weather also can limit visibility, so drivers must remove all frost, ice and snow from their vehicle’s windows. “You must be able to see in all directions at all times to avoid crashes. Clearing only a small patch on a windshield or rear window is not sufficient. Clearing snow and ice from the lights, hood and roof also helps improve visibility and safety,” Superintendent Fitzgerald says.

According to state law, a vehicle’s windshield, side wings, and side and rear windows must be kept clear at all times. Violating this law costs $175.30 with two demerit points assessed on the driver’s record.

During severe winter storms, the wisest decision often is to stay put and not drive. “Our officers frequently respond to vehicles in the ditch and chain-reaction crashes when there was no real need for the drivers to be on the road at all.  Slowed or stalled traffic on slippery roads also delays snowplows and tow trucks that are trying to get the roads cleared,” Superintendent Fitzgerald says.

To minimize the dangers of winter driving, the State Patrol offers the following safety tips:

• Always wear your seat belt even if traveling a short distance. You and your passengers absolutely need this protection even in low speed “fender-bender” collisions.
• Watch for slippery bridge decks.  They ice up quicker than adjacent pavement.
• Look farther ahead than you normally do. Loss of traction and other actions by vehicles ahead of you will alert you sooner to upcoming slippery spots and other hazards.
• Brake early and correctly. It takes much longer to stop in adverse conditions.
• Don’t pump anti-lock brakes. With anti-lock brakes, the correct braking method is to “stomp and steer.”
• Don’t be overconfident about the traction of four-wheel drive vehicles, which generally won’t stop or grip the road in curves any better than two-wheel drive vehicles.
• Avoid cutting in front of trucks, which take longer than automobiles to slow down or stop.
• Leave plenty of room for snowplows. By law, you must stay back at least 200 feet from the rear of a snowplow.

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October 2011

Motorists will need to share the road with farm equipment and other slow-moving vehicles during harvest season

During the fall harvest season, more farm equipment will be on rural Wisconsin roads and highways so motorists will need to be especially alert, focused and patient. To share the road safely, drivers should slow down immediately whenever they see a florescent orange slow-moving vehicle emblem on the rear of a tractor or other piece of agricultural equipment. They also must be extremely cautious while trying to pass slow-moving vehicles.

“You should not pass a slow-moving vehicle if you cannot see clearly in front of the vehicle you intend to pass or you are in a designated no passing zone,” says State Patrol Superintendent Stephen Fitzgerald. “Farmers and others using animal-drawn vehicles on a roadway have the same rights and duties as operators of motor vehicles. You should be careful not to frighten the animals. Do not sound your horn or flash your lights near them, and give the animals plenty of room when passing.”

For their part, farmers and other operators of slow-moving vehicles must follow safety regulations. According to state law, farm tractors, agricultural implements, animal-drawn vehicles or other vehicles that are normally operated at speeds below 25 miles-per-hour must display a “Slow Moving Vehicle” (SMV) sign on the left rear of the vehicle. In all cases—even when the vehicle is not a SMV—if it is operated during  hours of darkness, the front and rear of the vehicle must have lights (white to the front, red to the rear) and the lights must be illuminated. A citation for failure to display a SMV sign or a violation of the lighting requirement each cost $162.70.

Vehicles traveling slower than normal traffic must stay as far to the right-side of the roadway as practical. This does not mean slow vehicles must drive on the shoulder of the road although this is allowed if there is room to do so safely.

Superintendent Fitzgerald says, “Common sense and courtesy will go a long way to keeping our rural roadways safe during the harvest season.”

More information about requirements for farm equipment on roadways is available on the following website; http://www.dot.wisconsin.gov/statepatrol/docs/farm-req.pdf

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September 2011

Drivers must be even more vigilant when school starts

With the start of the school year, drivers will once again need to watch for children and teens walking, biking or riding buses to and from school and follow laws designed to protect them.

“Students, especially young children, are not always aware of the traffic around them, so drivers should expect the unexpected. Drivers will need to pay attention and slow down when approaching students who are walking or riding bikes. They also will need to be particularly cautious around school buses that are loading or unloading passengers” says State Patrol Superintendent Stephen Fitzgerald.

Stop for school buses

According to Wisconsin law, drivers must stop a minimum of 20 feet from a stopped school bus with its red warning lights flashing. Drivers must stop whether the bus is on their side of road, on the opposite side of the road, or at an intersection they are approaching. However, drivers are not required to stop for a school bus if they are traveling in the opposite direction on the other side of a divided roadway separated by a median or other physical barrier.

When they are passed illegally, school bus drivers are authorized to report the violator to a law enforcement agency and a citation may be issued. The owner of the vehicle, who might not be the offending driver, will then be responsible for paying the citation.

A citation for failure of a vehicle to stop for a school bus costs $326.50 with four demerit points. If reported by a school bus driver, the vehicle owner’s liability for the illegal passing of a bus costs $326.50 with no demerit points.

Students walking to school

State law requires drivers to yield to pedestrians:

• Who have started crossing an intersection or crosswalk on a walk signal or on a green light if there's no walk signal.
• Who are crossing the road within a marked or unmarked crosswalk at an intersection where there are no traffic lights or control signals.
• When a vehicle is crossing a sidewalk or entering an alley or driveway.

In addition, drivers may not legally overtake and pass any vehicle that has stopped for pedestrians at an intersection or crosswalk. Drivers who fail to yield the right of way to pedestrians who are legally crossing roadways may be issued citations that cost approximately $175 to $232 (depending on the type of violation) along with four demerit points assessed on their license. A citation for passing a vehicle that is stopped for pedestrians costs $326 with three demerit points.

Students biking to school

When drivers are passing bicycles traveling in the same direction, they must leave a safe distance of no less than 3-feet of clearance and must maintain that clearance until they have safely passed the bicycle.

A violation of the state law that requires drivers to overtake and pass bicyclists safely costs a total of $200.50 with three demerit points.

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August 2011

Intersection crashes can be prevented by obeying traffic signals

Motor vehicle crashes at intersections cause approximately 20 percent of all traffic deaths nationwide each year, according to the U.S. Department of Transportation. To remind motorists that obeying traffic signs and signals at intersections can be a matter of life or death, the Federal Highway Administration has designated August 7-13 as “National Stop on Red Week.”

“Whether on rural roads or city streets, drivers must take extra precautions at intersections to avoid crashes,” says State Patrol Superintendent Stephen Fitzgerald. “There are many complex movements at intersections with vehicles entering, crossing and exiting at different points. If drivers disregard the traffic controls by failing to stop completely at a red light or stop sign, they endanger themselves and others. Crashes at intersections cause many deaths and injuries because vehicles often are hit in the side where there is less protection for drivers and passengers.”

Failing to obey a red light, stop sign or other traffic control device at an intersection is not only dangerous—it’s expensive.  A violation for failing to stop completely for a traffic signal, sign or marking costs $175.30 with three demerit points assessed on the driver’s record, according to state law.  Committing a second offense within a year costs $213.10 with another three points.

“The key to preventing intersection crashes is quite simple,” says Superintendent Fitzgerald. “Drivers must keep an alert eye on traffic moving into, through, and out of the intersection. They also must obey all traffic signals and signs. Drivers should make it a habit to stop completely on red and not race through a yellow light to beat a red light. At a yellow light, drivers must stop unless they’re so close to the intersection that they can’t stop safely.”

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July 2011

Drunken drivers face court-ordered installation of ignition interlock devices

Sophisticated sound systems and GPS devices are popular accessories for vehicles. But there’s another technologically advanced piece of equipment—called an ignition interlock device—that you definitely don’t want to have to attach to your dashboard.

Under a state law enacted in 2010, first-time OWI offenders convicted with high alcohol levels and repeat drunken drivers must install an ignition interlock device (IID), which detects alcohol, for a minimum of one year on every vehicle they own or have registered in their names.  IIDs require drivers to provide a breath sample that proves they’re sober before they can start their vehicle. Drivers also must blow into the device periodically while driving to ensure they remain alcohol-free.

Courts will order installation of an IID for drivers convicted of first-offense OWI if their blood/breath alcohol was .15 or higher and drivers convicted of a second or subsequent OWI offense.  In addition, drivers who refused a chemical test to measure their alcohol level at the time of arrest will have to install an IID.

Convicted OWI offenders who do not comply with a court-ordered installation of an IID or who disconnect or tamper with an IID to avoid detection are subject to fines of $150 to $600 and up to six-months in jail as well as a six-month extension of the required IID period. Proof of IID installation is required before an occupational driver’s license is issued. Offenders must pay the expense of installing and maintaining an IID as well as a $50 surcharge. OWI offenders with an IID restriction have a prohibited alcohol concentration of .02 instead of .08.

"We hope that court-mandated IID installations will help combat drunken driving so that we can reduce the number of preventable traffic deaths to zero in Wisconsin,” says State Patrol Superintendent Stephen Fitzgerald. “Last year in Wisconsin there were approximately 40,000 drunken driving convictions. Although law enforcement officers are always on the lookout for drunken drivers, there still are far too many tragic deaths and injuries. Last year in Wisconsin, alcohol-related traffic crashes killed 220 people and injured more than 3,500.”

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June 2011

Slower traffic keep right: Drivers must allow faster traffic to pass in the left lane on divided highways

Many divided highways in Wisconsin have signs that warn “slower traffic keep right.” That advice is backed by state law.

Any vehicle traveling “at less than the normal speed of traffic” must be driven in the right lane (or as close as practicable) except when overtaking or passing another vehicle, according to Wisconsin law. A citation for violating this law costs $213.10 with four demerit points assessed on the driver’s license.

“Even when you’re driving at the posted speed limit, you should not try to force faster drivers to slow down by blocking the left lane, which usually leads to more tailgating, road rage and other problems. It certainly doesn’t slow down other drivers for long,” says State Patrol Superintendent Stephen Fitzgerald. “We hope that drivers will leave enforcement of speed limits to our troopers and other law enforcement officers. If faster drivers want to waste gasoline and risk a speeding ticket, you should move to the right lane and get out of their way.”

The State Patrol advises motorists to follow these guidelines to help maintain a safe flow of traffic on Interstate and other divided highways:

• If you’re not passing another vehicle, use the right lane as much as possible.
• If you’re in the right lane, allow other drivers to merge from the left lane into the right lane so that faster traffic can pass in the left lane.  In addition, provide space for vehicles to merge into the right lane when they are entering a roadway from an on-ramp.
• If you’re in the left lane, don’t tailgate or try to make a slower vehicle ahead of you move to the right lane. Be patient and courteous.

Superintendent Fitzgerald says, “When slower moving vehicles use the right lane, traffic flows more smoothly with less congestion and road rage, which certainly helps make our highways safer and more efficient.”

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May 2011

Tailgating increases your risks of a traffic ticket and a crash

Does tailgating force the driver in front of you to speed up or get out of your way?  No, tailgating typically won’t get you where you’re going any sooner, but it will increase your risk of a crash.

Drivers who tailgate cause countless crashes—from fender benders to fatal collisions—that could be avoided if they would just leave sufficient space between their vehicle and the one ahead of them, according to State Patrol Superintendent Stephen Fitzgerald.

"It doesn’t matter if you’re driving on a busy highway or a city street, if the vehicle in front of you stops unexpectedly, you’re likely to crash unless you leave enough room to stop completely,” Superintendent Fitzgerald says. “You should also slowdown to leave sufficient space when approaching stop lights, intersections, and when changing lanes. To avoid rear-end crashes, you should anticipate potentially hazardous situations, like traffic slowdowns in work zones, that could cause the driver in front of you to stop suddenly.”

According to state law, drivers “shall not follow another vehicle more closely than is reasonable and prudent” based on the speed of the vehicle, road conditions, and traffic. A violation of the law costs $200.50 along with three demerit points. In addition, car insurance premiums often will skyrocket for drivers who hit another vehicle while following too closely.

“During the upcoming summer travel season when traffic increases, it’s extremely important to always wear a safety belt just in case you’re rear ended by a tailgater,” says Superintendent Fitzgerald.  “Taking a few seconds to ensure that you and your passengers are buckled up may be the best decision you’ll ever make.”

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Questions about the content of this page:
Steve L. Olson, steven.olson@dot.wi.gov
Last modified: April 30, 2012