News >  Current law of the month >

Previous laws of the month

• Slower traffic keep right: Drivers must allow faster traffic to pass in the left lane on divided highways - October 2009
• Vehicles must stop for school buses displaying flashing red lights - September 2009
• Wear your safety belt or risk being stopped-primary safety belt enforcement is now the law - August 2009
• Pay attention in work zones or pay double fines - July 2009
• Intersection crashes can be prevented by obeying traffic signals - June 2009
• What do you gain by speeding? - May 2009
• Wisconsin's 'Absolute Sobriety Law' means not a drop of alcohol for drivers under age 21 - April 2009
• Move Over Law: Drivers must provide a safety zone for stopped law enforcement vehicles - March 2009
• Please give driving your undivided attention - February 2009
• Driving too fast for conditions causes many wintertime troubles - January 2009
• Drunken driving can ruin your holidays - December 2008
• Drivers must not get within 200 feet of the rear of a snowplow - November 2008

October 2009

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

For some motorists, getting passed by faster-moving vehicles while driving on Interstate and other divided highways is about as pleasant as changing a flat tire in a driving rainstorm. To avoid being passed, these motorists stay in the left lane for long stretches even as faster-moving traffic stacks up behind them. That's why many highways have signs that warn "slower traffic keep right." This advice is backed by state law.

Any vehicle traveling "at less than the normal speed of traffic" is required to 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 allow faster moving vehicles to pass. Trying to force other drivers to slow down by blocking the left lane does not make our highways safer. Instead, it can lead to more tailgating, road rage and other problems," says State Patrol Superintendent David Collins. "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 ticket, 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 Collins 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."

Return to top

September 2009

Vehicles must stop for school buses displaying flashing red lights

With the start of another school year, drivers must be extremely cautious when approaching school buses and obey laws designed to protect students-especially young children who are hard to see and may dart into traffic unexpectedly while going to or from the bus.

According to Wisconsin law, when approaching a school bus from the front or rear, drivers must stop at least 20 feet from the bus when it is stopped and displaying high-mounted flashing red warning lights. Drivers may not proceed until after the bus resumes its route or turns off the flashing red warning lights. The stop arm on a bus is an added warning to drivers. But the lack of an extended stop arm is not a reason to pass a stopped bus with flashing high-mounted red warning lights. Drivers also may not pass a stopped school bus in order to make a right turn in front of it.

Drivers on the other side of a divided roadway separated by a median or other physical barrier are not required to stop for a school bus. However, motorists should always watch for children in the vicinity of a school bus.

In some urban areas with curb and sidewalks on both sides of the road, school buses may activate their yellow or red "hazard" lights when picking up and dropping off passengers. In these circumstances, motorists legally may pass a school bus with flashing yellow or red hazard lights but should proceed cautiously because children could be loading or unloading.

Besides law enforcement officers, school bus drivers are authorized to report any violations involving illegal passing or turning in front of their buses. 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. A citation for an illegal right turn in front of a stopped school bus costs $326.50 and three 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.

"Violations of school bus safety laws are serious and expensive for a very good reason. Drivers must always be aware that children might not be paying attention and don't see oncoming vehicles when they get on or off a bus." says State Patrol Superintendent David Collins. "As we start another school year, drivers need to remember to stop when they approach a bus with flashing red warning lights and use caution whenever children are in the area."

Return to top

August 2009

Wear your safety belt or risk being stopped
Primary safety belt enforcement is now the law

On June 30, Wisconsin became the 30th state to adopt primary safety belt enforcement, which allows officers to stop and ticket unbuckled motorists even when no other traffic or equipment violation has been observed.

Previously, officers had to stop a driver for another violation before issuing a safety belt ticket. Now for the first time since its enactment in 1987, Wisconsin's mandatory safety belt law is being enforced just like all other traffic laws.

"We're using primary safety belt enforcement to motivate people to buckle up every time they drive or ride in a vehicle-not to write more tickets," says State Patrol Superintendent David Collins. "Tragically, too many people believe that a violent crash will never happen to them, so they don't fasten their safety belt. However, with primary enforcement, more people may make buckling up a habit simply to avoid the risk of being stopped and ticketed. Our message is clear. If you want to avoid the delay, inconvenience and anxiety of being stopped by a law enforcement officer, you should wear your safety belt."

Drivers should also be aware that they may be ticketed for allowing 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," Superintendent Collins says. "Whether you're going 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."

Return to top

July 2009

Pay attention in work zones or pay double fines

July will be another busy month for road construction in all parts of the state, on local streets, county highways and major freeways.

With so many roads currently under construction, motorists now face the challenge of safely maneuvering in and out of work zones while maintaining a safe distance from construction workers and heavy machinery.

"Driving through a work zone requires a lot of patience. Work zones are dangerous under the best of circumstances, but your reaction time and margin for error are reduced significantly if you speed, tailgate or don't pay attention to rapidly changing traffic situations," Wisconsin State Patrol Superintendent David Collins says. "In work zones, workers and equipment often are operating within a few feet of traffic. In addition, work zones frequently have narrow lanes, different merge lanes, and rough or uneven pavement. Rear-end collisions are the most frequent type of crash in a work zone. You must give yourself room. Although construction workers are at a great risk of being hit, about three out of four people killed in work zone crashes are drivers and their passengers."

In order to prevent crashes from occurring and to save lives, fines for traffic violations in work zones are double the usual amounts when workers are present. Just because you do not see someone, it does not mean that they are not there. Even when workers are not present, posted work zone speed limits are still enforced.

"The total costs for speeding in excess of the posted limit in a work zone range from $198 for 1 to 10 mph over the limit all the way up to $879 for 45 mph or more over the limit. You also could have between three and six demerit points added to your driving record," Superintendent Collins says. "State Patrol officers are specifically assigned to many work zones, and they will strictly enforce posted speed limits and other traffic laws. We are trying to protect both workers and motorists in work zones."

Return to top

June 2009

Intersection crashes can be prevented by obeying traffic signals

Although they are only a small segment of the U.S. roadway system, intersections frequently are the site of serious-and often deadly-traffic crashes. Nationwide, approximately 20 percent of all traffic deaths each year are the result of crashes at intersections, according to the U.S. Department of Transportation.

As with most crashes, collisions at intersections are caused primarily by drivers' irresponsible and negligent actions. All too often, distracted and inattentive drivers don't notice a red light or stop sign until it's too late. Likewise, aggressive drivers race through intersections without hesitation. To protect themselves, safety conscious drivers must always be on the lookout for red-light and stop-sign runners.

"Some drivers think that not coming to a complete stop at a red light or a stop sign at an intersection is a minor infraction. They are absolutely wrong," says Wisconsin State Patrol Superintendent David Collins. "There are many complicated movements at intersections with vehicles entering, crossing and exiting at different points. Add the element of drivers who disregard the traffic controls and the dangers are compounded. In crashes at intersections, vehicles often are hit in the side where there is comparatively little protection for drivers and passengers. There's no doubt that intersections whether on rural roads or city streets are some of the most dangerous places drivers encounter."

Failing to obey a red light, stop sign or other traffic control device at an intersection is not only dangerous-it's also expensive. According to state law, a violation for failing to stop completely for a traffic signal, sign or marking costs $160.80 with three demerit points assessed on the driver's record. Committing a second offense within a year costs $198.60 with three points.

"The key to preventing crashes at intersections is quite simple," says Superintendent Collins. "Drivers must obey all traffic signals and signs while keeping an alert eye on traffic moving into, through, and out of the intersection."

Return to top

May 2009

What do you gain by speeding?

After months of slipping and sliding on roadways, drivers now have the luxury of clear pavement and nice weather. Because of these favorable road conditions, drivers also face the temptation of exceeding speed limits. Giving into this frequent temptation, however, can be disastrous.

A person is killed or injured in a speed-related crash in Wisconsin approximately every 47 minutes, according to the Wisconsin Department of Transportation.

"Even exceeding the posted limit by 5 miles per hour puts drivers, their passengers, and every one else on the road at a greater risk of a serious crash," says Wisconsin State Patrol Superintendent David Collins. "Drivers traveling at high speeds for an extended period of time on the open road also tend to not slow down sufficiently when approaching an intersection, construction zone or slower vehicles."

Speeding can be expensive as well as dangerous. Under Wisconsin law, the costs of speeding citations range from $160.80 all the way up to $879 along with three to six demerit points assessed on the driver's record. A citation for driving 25 mph or more over the limit in a 55 or 65 mph zone requires a 15-day driver license suspension.

Speeding can be costly at the gas pump, too. At speeds above 60 mph, gas mileage decreases rapidly. Drivers can assume that each 5 mph they drive above 60 mph is about equal to paying an additional 24 cents per gallon for gas, according to the U.S. Department of Energy.

Despite the dangers and expense of speeding, too many people willingly exceed posted limits. Speeding is by far the most common traffic conviction in Wisconsin. Last year, there were more than 192,000 speeding convictions statewide, which was more than 26 percent of all traffic convictions.

Many people speed in a futile attempt to get where they're going a little sooner. But as Superintendent Collins points out, "If you're stopped for speeding or are involved in a crash, any time saved will be lost and then some."

Return to top

April 2009

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

As warmer weather arrives, young people with a winter's worth of pent-up energy will be out in force during this upcoming season of proms, graduation parties, and outdoor activities.

In their quest for springtime fun, young drivers may be tempted to get behind the wheel after drinking. However, they must resist this temptation because Wisconsin law requires drivers under the age of 21 to maintain absolute sobriety-not even a drop of alcohol allowed-when operating a motor vehicle.

Drivers under age 21 who violate the Absolute Sobriety Law will have their license suspended for three months and must pay a $375 citation with four demerit points assessed on their driver's license. If a passenger under the age of 16 is in the vehicle, violators will have their license suspended for six months, and they must pay $627 with four demerit points assessed on their license.

"Springtime fun and celebrations can quickly turn to tragedies when young people drink and drive," says Wisconsin State Patrol Superintendent David Collins. "Driving skills at any age are easily impaired with just a small amount of alcohol. But young and inexperienced drivers are much more prone to fatal and serious injury crashes after drinking. In Wisconsin, traffic crashes are the leading cause of death for young people. And as they begin the countdown to the end of the school year, we don't want to lose them because of a disastrous decision, like drinking and driving."

Return to top

March 2009

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

While working on the side of a highway during a traffic stop or to assist a motorist, State Patrol and other law enforcement officers often confront the deadly danger of being hit by fast-moving vehicles traveling within a few feet - or even inches - of where they're standing or parked.

To help protect law enforcement officers, 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 or slow down in order to create a safety zone for a squad car, ambulance, fire truck, tow truck or highway maintenance vehicle that is stopped on the side of a road with its warning lights flashing.

Drivers have two options for creating a safety zone. "If the road has more than one directional lane, like the Interstate, and you can switch lanes safely, you must move over to vacate the lane closest to the law enforcement or other emergency vehicle," says Wisconsin State Patrol Superintendent David Collins. "If the road has a single directional lane or you can't safely move over, you must reduce your speed."

Violating the Move Over Law can be expensive as well as dangerous. A citation costs $249 and three demerit points are added to your license.

Signs to remind motorists about the Move Over Law are posted on highways near main entry points to Wisconsin. They read: "STATE LAW. MOVE OVER OR SLOW DOWN FOR STOPPED EMERGENCY VEHICLES."

"Failure of motorists to move over or slow down is one of the major reasons that motor vehicle crashes kill more law enforcement officers on duty than any other cause," says Superintendent Collins. "Obeying the Move Over Law will help protect motorists as well as our officers from needless deaths and injuries."

Return to top

February 2009

Please give driving your undivided attention

While behind the steering wheel, some drivers act as if they were in their home or work place instead of controlling the potentially destructive-even deadly-power of a motor vehicle. They talk and text message on cell phones. They eat a meal, rummage through the glove box, or stare in the rearview mirror to comb their hair or apply make-up. Their attention is focused everywhere except where it should be-on the road.

"Because they're not paying attention to traffic conditions and road hazards, distracted drivers drastically increase their chances of causing a crash or failing to avoid one," says Wisconsin State Patrol Superintendent David Collins. "Distracted driving can be even riskier during winter months when snow, fog and other types of inclement weather can severely reduce visibility as well as a vehicle's traction and ability to stop safely."

Because distracted driving is so dangerous, state law prohibits drivers from being "so engaged or occupied as to interfere with the safe driving of that vehicle." Violating this law costs $173 with four demerit points assessed on a driver's license.

"Driving a motor vehicle is the single-most dangerous thing most people do, and it requires your undivided attention. If you absolutely need to use a cell phone for a non-emergency call, read a map, or find something in the glove compartment, you should exit the highway or pull off the road into a safe area," says Superintendent Collins. "By paying strict attention to your driving, you'll protect yourself, your passengers and other drivers."

Return to top

January 2009

Driving too fast for conditions causes many wintertime troubles

Even when snow and ice-covered roadways are as slick as a skating rink, some drivers barrel along as if they're immune to the laws of physics. Not surprisingly, they often discover that they are not immune to a long, cold wait for a tow truck-and possibly an expensive traffic ticket-when their vehicle slides into a ditch or crashes because they were driving too fast for conditions.

"When road conditions are treacherous or visibility is reduced, driving at the posted speed limit may actually be too fast for conditions," says Wisconsin State Patrol Superintendent David Collins. "On ice and snow, drivers must slow down to keep their vehicles under control and to be able to stop safely. They also must provide more space for vehicles around them to prevent rear-end collisions and other crashes."

Slowing down when driving conditions are poor 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 $198.60 with four demerit points added to the driver's record. A second offense within a 12-month period costs $249 with an additional four points.

"The slogan 'Snow Means Slow' also applies to four-wheel drive and other heavy-duty vehicles, which typically need the same stopping distance as other vehicles on slippery roads," says Superintendent Collins. "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 may end up with an expensive ticket in addition to towing and vehicle repair bills."

Return to top

December 2008

Drunken driving can ruin your holidays

Because drunken drivers destroy lives, devastate families and decimate communities, law enforcement officers never take a break-even during the holidays-from arresting those who choose to get behind the wheel while impaired.

"It doesn't matter how good a driving record you have or how close you are to your home when you leave a party or a bar. We don't give warnings or second chances when we stop drunken drivers," says Superintendent David Collins of the Wisconsin Department of Transportation's Division of State Patrol.

According to Wisconsin law, it is illegal for drivers to operate a motor vehicle with a blood/breath alcohol concentration (BAC) at or above 0.08 percent. For drivers with three or more operating while intoxicated (OWI) convictions, the prohibited limit is even lower. They may not legally operate a motor vehicle if their BAC is at or above 0.02 percent. In addition, drivers under age 21 are required to maintain "absolute sobriety" and may not legally operate a motor vehicle with any amount of alcohol in their system.

Drivers who have a BAC that is below the legal limit are not immune from an OWI arrest and prosecution. Superintendent Collins emphasizes that law enforcement officers have authority to arrest drivers for OWI-regardless of their BAC-if their ability to operate a motor vehicle safely is impaired by alcohol or other drugs.

"The best way to avoid the tragic consequences of drunken driving during the holidays is to plan ahead and make responsible decisions, " Superintendent Collins advises. "If you've been drinking, give up your car keys and use a designated driver or find another way home. And don't let friends drive if they're impaired. The risk of arrest, not to mention injury and death, is too great to ignore."

Return to top

November 2008

Drivers must not get within 200 feet of the rear of a snowplow

With winter on its way, it won't be long before snowplows are out in force on streets and highways. The Wisconsin Department of Transportation (WisDOT) reminds motorists that snowplows are built for power-not agility-so they need plenty of space to do their job.

"Most of the collisions between snowplows and other vehicles occur when the snowplow is rear-ended," said Superintendent David Collins of the WisDOT Division of State Patrol. "Snowplows may have to slow down or stop suddenly if they encounter an obstacle, like a stuck or stalled vehicle. When visibility is poor, you might not see the snowplow's taillights until it's too late. To avoid rear-end collisions, you have to slow down and stay back at least 200 feet from the rear of the snowplow."

According to state law it is illegal to "follow a snowplow closer than 200 feet upon any highway having a posted speed limit of more than 35 mph if the snowplow is engaged in highway winter maintenance snow and ice removal."

A citation for violating this law costs $160.80 with three demerit points assessed on the driver's license. A second or subsequent offense within a year costs $198.60 with three demerit points."

Superintendent Collins added, "If you approach an oncoming snowplow on a two-lane road, it's wise to slow down and proceed with caution because the snow blowing from the plow may limit your visibility."

With their power and size, snowplows can clear paths for motorists even in the most extreme weather conditions. In return, drivers can help snowplows perform this important traffic safety task by giving them room to maneuver.

Return to top

Back to current "Law of the Month"

Questions about the content of this page:
Steve L. Olson, steven.olson@dot.wi.gov
Last modified:  November 2, 2009