State Codes and Statutes

Statutes > Wisconsin > 346 > 346.66

346.66

SUBCHAPTER XI
ACCIDENTS AND ACCIDENT REPORTS
346.66 Applicability of sections relating to accidents and accident reporting.

346.66(1)

(1)

346.66(1)(a)

(a) In addition to being applicable upon highways, ss. 346.67 to 346.70 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles, and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof.

346.66(1)(b)

(b) Except as provided in sub. (2), ss. 346.67 to 346.70 do not apply to private parking areas at farms or single-family residences.

346.66(1)(c)

(c) Sections 346.67 to 346.70 do not apply to accidents involving only snowmobiles, all-terrain vehicles, or vehicles propelled by human power or drawn by animals.

346.66(2)

(2)

346.66(2)(a)

(a) Sections 346.67, 346.68, and 346.69 apply to the operator of a vehicle that, whether by operator intention or lack of control, departs a highway or premises described in sub. (1) (a) immediately prior to an accident if the accident does not occur on real property owned or leased by the operator.

346.66(2)(b)

(b) Sections 346.675 and 346.70 apply to an accident described in par. (a).

346.66 - ANNOT.

History: 1971 c. 277; 1985 a. 29; 1995 a. 127; 2009 a. 62.

346.66 - ANNOT.

The test for whether a premises is held out to the public is whether on any given day, potentially any resident of the community with a driver's license and access to a motor vehicle could use the premises in an authorized manner. State v. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999), 98-1688.

346.66 - ANNOT.

Section 343.307 controls over the definition of conviction in s. 340.01 (9r), a more general statute. Section 343.307 (1) (d) lists the type of convictions under the law of another jurisdiction that are to be counted when determining the penalty to be imposed under s. 343.307 (2) and counts a conviction that prohibits a person from refusing chemical testing. Section 343.307 (1) (e) separately and specifically provides only one type of revocation and only one type of suspension under the law of another jurisdiction" that is to be counted when determining the penalty to be imposed pursuant sub. (2): a revocation or suspension "arising out of a refusal to submit to chemical testing. State v. Machgan, 2007 WI App 263, 306 Wis. 2d 752, 743 N.W.2d 332, 06-2836.

State Codes and Statutes

Statutes > Wisconsin > 346 > 346.66

346.66

SUBCHAPTER XI
ACCIDENTS AND ACCIDENT REPORTS
346.66 Applicability of sections relating to accidents and accident reporting.

346.66(1)

(1)

346.66(1)(a)

(a) In addition to being applicable upon highways, ss. 346.67 to 346.70 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles, and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof.

346.66(1)(b)

(b) Except as provided in sub. (2), ss. 346.67 to 346.70 do not apply to private parking areas at farms or single-family residences.

346.66(1)(c)

(c) Sections 346.67 to 346.70 do not apply to accidents involving only snowmobiles, all-terrain vehicles, or vehicles propelled by human power or drawn by animals.

346.66(2)

(2)

346.66(2)(a)

(a) Sections 346.67, 346.68, and 346.69 apply to the operator of a vehicle that, whether by operator intention or lack of control, departs a highway or premises described in sub. (1) (a) immediately prior to an accident if the accident does not occur on real property owned or leased by the operator.

346.66(2)(b)

(b) Sections 346.675 and 346.70 apply to an accident described in par. (a).

346.66 - ANNOT.

History: 1971 c. 277; 1985 a. 29; 1995 a. 127; 2009 a. 62.

346.66 - ANNOT.

The test for whether a premises is held out to the public is whether on any given day, potentially any resident of the community with a driver's license and access to a motor vehicle could use the premises in an authorized manner. State v. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999), 98-1688.

346.66 - ANNOT.

Section 343.307 controls over the definition of conviction in s. 340.01 (9r), a more general statute. Section 343.307 (1) (d) lists the type of convictions under the law of another jurisdiction that are to be counted when determining the penalty to be imposed under s. 343.307 (2) and counts a conviction that prohibits a person from refusing chemical testing. Section 343.307 (1) (e) separately and specifically provides only one type of revocation and only one type of suspension under the law of another jurisdiction" that is to be counted when determining the penalty to be imposed pursuant sub. (2): a revocation or suspension "arising out of a refusal to submit to chemical testing. State v. Machgan, 2007 WI App 263, 306 Wis. 2d 752, 743 N.W.2d 332, 06-2836.

State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 346 > 346.66

346.66

SUBCHAPTER XI
ACCIDENTS AND ACCIDENT REPORTS
346.66 Applicability of sections relating to accidents and accident reporting.

346.66(1)

(1)

346.66(1)(a)

(a) In addition to being applicable upon highways, ss. 346.67 to 346.70 are applicable upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles, and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof.

346.66(1)(b)

(b) Except as provided in sub. (2), ss. 346.67 to 346.70 do not apply to private parking areas at farms or single-family residences.

346.66(1)(c)

(c) Sections 346.67 to 346.70 do not apply to accidents involving only snowmobiles, all-terrain vehicles, or vehicles propelled by human power or drawn by animals.

346.66(2)

(2)

346.66(2)(a)

(a) Sections 346.67, 346.68, and 346.69 apply to the operator of a vehicle that, whether by operator intention or lack of control, departs a highway or premises described in sub. (1) (a) immediately prior to an accident if the accident does not occur on real property owned or leased by the operator.

346.66(2)(b)

(b) Sections 346.675 and 346.70 apply to an accident described in par. (a).

346.66 - ANNOT.

History: 1971 c. 277; 1985 a. 29; 1995 a. 127; 2009 a. 62.

346.66 - ANNOT.

The test for whether a premises is held out to the public is whether on any given day, potentially any resident of the community with a driver's license and access to a motor vehicle could use the premises in an authorized manner. State v. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999), 98-1688.

346.66 - ANNOT.

Section 343.307 controls over the definition of conviction in s. 340.01 (9r), a more general statute. Section 343.307 (1) (d) lists the type of convictions under the law of another jurisdiction that are to be counted when determining the penalty to be imposed under s. 343.307 (2) and counts a conviction that prohibits a person from refusing chemical testing. Section 343.307 (1) (e) separately and specifically provides only one type of revocation and only one type of suspension under the law of another jurisdiction" that is to be counted when determining the penalty to be imposed pursuant sub. (2): a revocation or suspension "arising out of a refusal to submit to chemical testing. State v. Machgan, 2007 WI App 263, 306 Wis. 2d 752, 743 N.W.2d 332, 06-2836.