Date of enactment: March 21, 2024
2023 Senate Bill 460 Date of publication*: March 22, 2024
2023 WISCONSIN ACT 159
AN ACT to amend 346.17 (5) (a), 346.17 (5) (b), 346.22 (1) (b) 1., 346.22 (1) (b) 2., 346.43 (1) (b) 3. a., 346.43 (1)
(b) 3. b., 346.49 (1) (c) 1., 346.49 (1) (c) 2., 346.57 (3), 346.60 (3m) (a) 1., 346.60 (3m) (a) 2., 346.65 (5m) (a), 346.65
(5m) (b) and 346.89 (4m); and to create 340.01 (47e) of the statutes; relating to: traffic violations when railroad
workers are present and providing a penalty.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 340.01 (47e) of the statutes is created to
read:
340.01 (47e) “Railroad maintenance or construction
area” means any of the following:
(a) The entire section of roadway between the first
advance warning sign of railroad maintenance or con-
struction work and a sign indicating the end of the area.
(b) The entire section of roadway within 500 feet of
a railroad employee using flags to signal the presence of
a railroad train or other railroad vehicle or railroad
employees.
(c) In the case of a moving vehicle engaged in rail-
road maintenance or construction work, that section of
roadway where the normal flow of traffic is first altered
by the vehicle until that section of roadway where traffic
may return to its normal flow without impeding such
work.
SECTION 2. 346.17 (5) (a) of the statutes is amended
to read:
346.17 (5) (a) Except as provided in par. (b), if an
operator of a vehicle violates s. 346.04 (1) or (2) where
persons engaged in work in a highway maintenance or
construction area, railroad maintenance or construction
area, utility work area, or emergency or roadside
response area are at risk from traffic, any applicable mini-
mum and maximum forfeiture specified in sub. (1) for the
violation shall be doubled.
SECTION 3. 346.17 (5) (b) of the statutes is amended
to read:
346.17 (5) (b) If an operator of a vehicle violates s.
346.04 (1) or (2) where persons engaged in work in a
highway maintenance or construction area, railroad
maintenance or construction area, utility work area, or
emergency or roadside response area are at risk from traf-
fic and the violation results in bodily harm, as defined in
s. 939.22 (4), to another, the operator may be fined not
more than $10,000 or imprisoned for not more than 9
months, or both. In addition to the penalties specified
under this paragraph, a court may also order a person con-
victed under this paragraph to perform not fewer than 100
nor more than 200 hours of community service work and
attend traffic safety school, as provided under s. 345.60.
SECTION 4. 346.22 (1) (b) 1. of the statutes is
amended to read:
346.22 (1) (b) 1. Except as provided in subd. 2., if an
operator of a vehicle violates s. 346.18 (6) where persons
engaged in work in a highway maintenance or construc-
tion area, railroad maintenance or construction area, util-
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 159 2023 Senate Bill 460
ity work area, or emergency or roadside response area are
at risk from traffic, any applicable minimum and maxi-
mum forfeiture specified in par. (a), (c), (d), or (e) for the
violation shall be doubled.
SECTION 5. 346.22 (1) (b) 2. of the statutes is
amended to read:
346.22 (1) (b) 2. If an operator of a vehicle violates
s. 346.18 (6) where persons engaged in work in a high-
way maintenance or construction area, railroad mainte-
nance or construction area, utility work area, or emer-
gency or roadside response area are at risk from traffic
and the violation results in bodily harm, as defined in s.
939.22 (4), to another, the operator may be fined not more
than $10,000 or imprisoned for not more than 9 months,
or both. In addition to the penalties specified under this
subdivision, a court may also order a person convicted
under this subdivision to perform not fewer than 100 nor
more than 200 hours of community service work and
attend traffic safety school, as provided under s. 345.60.
SECTION 6. 346.43 (1) (b) 3. a. of the statutes is
amended to read:
346.43 (1) (b) 3. a. Except as provided in subd. 3. b.,
if an operator of a vehicle violates s. 346.37 or 346.39
where persons engaged in work in a highway mainte-
nance or construction area, railroad maintenance or con-
struction area, utility work area, or emergency or road-
side response area are at risk from traffic, any applicable
minimum and maximum forfeiture specified in subd. 1.
for the violation shall be doubled.
SECTION 7. 346.43 (1) (b) 3. b. of the statutes is
amended to read:
346.43 (1) (b) 3. b. If an operator of a vehicle violates
s. 346.37 or 346.39 where persons engaged in work in a
highway maintenance or construction area, railroad
maintenance or construction area, utility work area, or
emergency or roadside response area are at risk from traf-
fic and the violation results in bodily harm, as defined in
s. 939.22 (4), to another, the operator may be fined not
more than $10,000 or imprisoned for not more than 9
months, or both. In addition to the penalties specified
under this subd. 3. b., a court may also order a person con-
victed under this subd. 3. b. to perform not fewer than 100
nor more than 200 hours of community service work and
attend traffic safety school, as provided under s. 345.60.
SECTION 8. 346.49 (1) (c) 1. of the statutes is
amended to read:
346.49 (1) (c) 1. Except as provided in subd. 2., if an
operator of a vehicle violates s. 346.46 (1) where persons
engaged in work in a highway maintenance or construc-
tion area, railroad maintenance or construction area, util-
ity work area, or emergency or roadside response area are
at risk from traffic, any applicable minimum and maxi-
mum forfeiture specified in par. (a) for the violation shall
be doubled.
SECTION 9. 346.49 (1) (c) 2. of the statutes is
amended to read:
346.49 (1) (c) 2. If an operator of a vehicle violates
s. 346.46 (1) where persons engaged in work in a high-
way maintenance or construction area, railroad mainte-
nance or construction area, utility work area, or emer-
gency or roadside response area are at risk from traffic
and the violation results in bodily harm, as defined in s.
939.22 (4), to another, the operator may be fined not more
than $10,000 or imprisoned for not more than 9 months,
or both. In addition to the penalties specified under this
subdivision, a court may also order a person convicted
under this subdivision to perform not fewer than 100 nor
more than 200 hours of community service work and
attend traffic safety school, as provided under s. 345.60.
SECTION 10. 346.57 (3) of the statutes is amended to
read:
346.57 (3) CONDITIONS REQUIRING REDUCED SPEED.
The operator of every vehicle shall, consistent with the
requirements of sub. (2), drive at an appropriate reduced
speed when approaching and crossing an intersection or
railway grade crossing, when approaching and going
around a curve, when approaching a hillcrest, when trav-
eling upon any narrow or winding roadway, when pass-
ing school children, highway construction or mainte-
nance workers, railroad construction or maintenance
workers, sanitation workers, or other pedestrians, and
when special hazard exists with regard to other traffic or
by reason of weather or highway conditions.
SECTION 11. 346.60 (3m) (a) 1. of the statutes is
amended to read:
346.60 (3m) (a) 1. Except as provided in subd. 2., if
an operator of a vehicle violates s. 346.57 (2), (3), (4) (d)
to (h), or (5) where persons engaged in work in a highway
maintenance or construction area, railroad maintenance
or construction area, utility work area, or emergency or
roadside response area are at risk from traffic or where
sanitation workers are at risk from traffic and the operator
knows or should know that sanitation workers are
present, any applicable minimum and maximum forfei-
ture specified in sub. (2) or (3) for the violation shall be
doubled.
SECTION 12. 346.60 (3m) (a) 2. of the statutes is
amended to read:
346.60 (3m) (a) 2. If an operator of a vehicle violates
s. 346.57 (2), (3), (4) (d) to (h), or (5) where persons
engaged in work in a highway maintenance or construc-
tion area, railroad maintenance or construction area, util-
ity work area, or emergency or roadside response area are
at risk from traffic and the violation results in bodily
harm, as defined in s. 939.22 (4), to another, the operator
may be fined not more than $10,000 or imprisoned for not
more than 9 months, or both. In addition to the penalties
specified under this subdivision, a court may also order
a person convicted under this subdivision to perform not
fewer than 100 nor more than 200 hours of community
service work and attend traffic safety school, as provided
under s. 345.60. − 3 − 2023 Wisconsin Act 159 2023 Senate Bill 460
SECTION 13. 346.65 (5m) (a) of the statutes is
amended to read:
346.65 (5m) (a) Except as provided in par. (b), if an
operator of a vehicle violates s. 346.62 (2) to (4) where
persons engaged in work in a highway maintenance or
construction area, railroad maintenance or construction
area, utility work area, or emergency or roadside
response area are at risk from traffic or where sanitation
workers are at risk from traffic and the operator knows or
should know that sanitation workers are present, any
applicable minimum and maximum forfeiture or fine
specified in sub. (1), (3), (4m), or (5) for the violation
shall be doubled.
SECTION 14. 346.65 (5m) (b) of the statutes is
amended to read:
346.65 (5m) (b) If an operator of a vehicle violates
s. 346.62 (2) to (3) where persons engaged in work in a
highway maintenance or construction area, railroad
maintenance or construction area, utility work area, or
emergency or roadside response area are at risk from traf-
fic and the violation results in bodily harm, as defined in
s. 939.22 (4), to another, the operator may be fined not
more than $10,000 or imprisoned for not more than 9
months, or both. In addition to the penalties specified
under this paragraph, a court may also order a person con-
victed under this paragraph to perform not fewer than 100
nor more than 200 hours of community service work and
attend traffic safety school, as provided under s. 345.60.
SECTION 15. 346.89 (4m) of the statutes is amended
to read:
346.89 (4m) No person may drive, as defined in s.
343.305 (1) (b), any motor vehicle while using a cellular
or other wireless telephone, including using the tele-
phone for a purpose other than communication, where
persons engaged in work in a highway maintenance or
construction area, railroad maintenance or construction
area, utility work area, or emergency or roadside
response area are at risk from traffic, except to report an
emergency. This subsection does not apply to the use of
a voice−operated or hands−free device if the driver of the
motor vehicle does not use his or her hands to operate the
device, except to activate or deactivate a feature or func-
tion of the device.