346.505 Stopping, standing or parking prohibited in parking spaces reserved for vehicles displaying special registration plates or special identification cards.
(1) The legislature finds that parking facilities which are open to use by the public without a permit, whether publicly or privately owned, are public places. By enacting this section the legislature intends to ensure that people who are physically disabled have clear and reasonable access to public places. The legislature, therefore, urges the police, sheriff's and traffic departments of every unit of government and each authorized department of the state to enforce this section vigorously and see that all violations of this section are promptly prosecuted.
(2)
(a) Except for a motor vehicle used by a physically disabled person as defined under s. 346.503 (1) and except as provided in sub. (4) (a), no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.
(b) No person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility so as to obstruct, block or otherwise limit the use of any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.
(c) Notwithstanding par. (b), no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility that is clearly marked as and intended to be an access aisle to provide entry to and exit from vehicles by persons with physical disabilities and which is immediately adjacent to any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a person with a physical disability.
(3)
(a) Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of sub. (2) shall be liable for the violation as provided in this subsection.
(b) A member of a disabled parking enforcement assistance council under s. 349.145 who observes a violation of sub. (2), or any person who observes a violation of sub. (2) (c), may prepare a written report indicating that a violation has occurred. The report shall contain the following information:
1. The time and location at which the violation occurred.
2. The license number and color of the vehicle involved in the violation.
3. Identification of the vehicle as an automobile, motor truck, motor bus, motorcycle or other type of vehicle.
(c) Within 24 hours after observing the violation, the member or other person may deliver the report to a traffic officer of the political subdivision in which the violation occurred. A report which does not contain all of the information in par. (b) shall nevertheless be delivered and shall be maintained by the political subdivision for statistical purposes.
(d)
1. Within 48 hours after receiving a report containing all of the information in par. (b) and after conducting an investigation, the traffic officer may prepare a uniform traffic citation under s. 345.11 for the violation and may personally serve it upon the owner of the vehicle.
2. If with reasonable diligence the owner cannot be served under subd. 1. or if the owner lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the owner's last-known address.
(e)
1. Except as provided in subd. 2., it shall be no defense to a violation of sub. (2) that the owner was not in control of the vehicle at the time of the violation.
2. The following are defenses to a violation of sub. (2):
a. That a report that the vehicle was stolen was given to a traffic officer before the violation occurred or within a reasonable time after the violation occurred.
b. If the owner of the vehicle provides a traffic officer with the name and address of the person who was in control of the vehicle at the time of the violation and the person so named admits having the vehicle under his or her control at the time of the violation, then that person and not the owner shall be charged with the violation.
c. If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer with the information required under s. 343.46 (3), then the lessee and not the lessor shall be charged with the violation.
d. If the vehicle is owned by a dealer as defined in s. 340.01 (11) (intro.) but including the persons specified in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was under the control of any person on a trial run, and if the dealer provides a traffic officer with the name, address and operator's license number of that person, then that person and not the dealer shall be charged with the violation.
(4)
(a) A taxicab operator may stop the taxicab on that portion of a street, highway, or parking facility reserved, as described in sub. (2) (a), for vehicles used by persons with physical disabilities if all of the following apply:
1. The taxicab is stopped to load a passenger who has been issued a special identification card under s. 343.51.
2. At the time the passenger under subd. 1. arranged for transportation by taxicab, the passenger notified the taxicab service of the identification number appearing on the passenger's special identification card.
3. At the time the passenger under subd. 1. is loaded into the taxicab, the passenger presents to the taxicab operator the passenger's special identification card.
4. At the time the taxicab operator stops to load the passenger under subd. 1., there is no suitable, available loading zone for loading the passenger.
(b) Along with the special identification card presented under par. (a) 3., at the time the passenger under par. (a) 1. is loaded into the taxicab, the passenger shall present to the taxicab operator a letter from the department issued with the passenger's special identification card.
History: 1977 c. 418; 1979 c. 276; 1981 c. 255 ss. 8, 9, 13; 1983 a. 77, 192; 1985 a. 87 s. 5; 1987 a. 260; 1989 a. 304; 1993 a. 256, 490; 1997 a. 27, 92; 1999 a. 80; 2009 a. 246; 2015 a. 362.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 346 - Rules of the road.
346.01 - Words and phrases defined.
346.02 - Applicability of chapter.
346.03 - Applicability of rules of the road to authorized emergency vehicles.
346.04 - Obedience to traffic officers, signs and signals; fleeing from officer.
346.05 - Vehicles to be driven on right side of roadway; exceptions.
346.07 - Overtaking and passing on the left.
346.072 - Passing stopped emergency or roadside service vehicles.
346.075 - Overtaking certain vehicles and devices.
346.08 - When overtaking and passing on the right permitted.
346.09 - Limitations on overtaking on left or driving on left side of roadway.
346.10 - When passing at a railroad crossing, intersection, bridge, viaduct or tunnel prohibited.
346.11 - Passing or meeting frightened animal.
346.12 - Driving through safety zones prohibited.
346.13 - Driving on roadways laned for traffic.
346.14 - Distance between vehicles.
346.15 - Driving on divided highway.
346.16 - Use of controlled-access highways, expressways and freeways.
346.17 - Penalty for violating sections 346.04 to 346.16.
346.175 - Vehicle owner's liability for fleeing a traffic officer.
346.18 - General rules of right-of-way.
346.19 - What to do on approach of emergency vehicle.
346.20 - Right-of-way of funeral processions and military convoys.
346.205 - Owner's liability for vehicle failing to yield the right-of-way to a funeral procession.
346.21 - Right-of-way of livestock.
346.215 - Emergency vehicles operated as escorts and rights-of-way related to escorted vehicles.
346.22 - Penalty for violating sections 346.18 to 346.21.
346.23 - Crossing controlled intersection or crosswalk.
346.24 - Crossing at uncontrolled intersection or crosswalk.
346.25 - Crossing at place other than crosswalk.
346.26 - Blind pedestrian on highway.
346.27 - Persons working on highway.
346.28 - Pedestrians to walk on left side of highway; drivers to yield on sidewalks.
346.29 - When standing or loitering in roadway or highway prohibited.
346.30 - Penalty for violating sections 346.23 to 346.29.
346.31 - Required position and method of turning at intersections.
346.32 - Required position for turning into private road or driveway.
346.34 - Turning movements and required signals on turning and stopping.
346.35 - Method of giving signals on turning and stopping.
346.36 - Penalty for violating sections 346.31 to 346.35.
346.37 - Traffic-control signal legend.
346.38 - Pedestrian control signals.
346.41 - Display of unauthorized signs and signals prohibited.
346.42 - Interference with signs and signals prohibited.
346.43 - Penalty for violating sections 346.37 to 346.42.
346.44 - All vehicles to stop at signal indicating approach of train.
346.445 - Limitations on pedestrians and personal delivery devices crossing railroad tracks.
346.45 - Certain vehicles to stop at railroad crossings.
346.452 - Owner's liability for vehicle illegally crossing at a railroad crossing.
346.455 - Vehicles to stop at fire station.
346.457 - Owner's liability for vehicle illegally passing fire truck.
346.46 - Vehicles to stop at stop signs and school crossings.
346.465 - Owner's liability for vehicle illegally crossing controlled school crossing.
346.47 - When vehicles using alley or nonhighway access to stop.
346.475 - Human service vehicles; loading or unloading children with disabilities.
346.48 - Vehicles to stop for school buses displaying flashing lights.
346.485 - Owner's liability for vehicle illegally passing school bus.
346.49 - Penalty for violating ss. 346.44 to 346.485.
346.495 - Railroad crossing improvement surcharge.
346.50 - Exceptions to stopping and parking restrictions.
346.51 - Stopping, standing or parking outside of business or residence districts.
346.52 - Stopping prohibited in certain specified places.
346.53 - Parking prohibited in certain specified places.
346.54 - How to park and stop on streets.
346.55 - Other restrictions on parking and stopping.
346.56 - Penalty for violating sections 346.503 to 346.55.
346.58 - Special speed restrictions for certain vehicles.
346.59 - Minimum speed regulation.
346.595 - Motorcycles and mopeds.
346.60 - Penalty for violating sections 346.57 to 346.595.
346.61 - Applicability of sections relating to reckless and drunken driving.
346.63 - Operating under influence of intoxicant or other drug.
346.635 - Report arrest or out-of-service order to department.
346.637 - Driver awareness program.
346.64 - Employment of drunken operators.
346.65 - Penalty for violating sections 346.62 to 346.64.
346.655 - Driver improvement surcharge.
346.657 - Safe ride program surcharge.
346.66 - Applicability of sections relating to accidents and accident reporting.
346.67 - Duty upon striking person or attended or occupied vehicle.
346.675 - Vehicle owner's liability for failing to stop at the scene of an accident.
346.68 - Duty upon striking unattended vehicle.
346.69 - Duty upon striking property on or adjacent to highway.
346.70 - Duty to report accident; assistance following accident.
346.71 - Coroners or medical examiners to report; require blood specimen.
346.72 - Garages to keep record of repairs of accident damage.
346.73 - Accident reports not to be used in trial.
346.74 - Penalty for violating sections 346.67 to 346.73.
346.77 - Responsibility of parent or guardian for violation of bicycle and play vehicle regulations.
346.78 - Play vehicles not to be used on roadway.
346.79 - Special rules applicable to bicycles.
346.804 - Riding bicycle on sidewalk.
346.805 - Riding electric scooter or electric personal assistive mobility device on sidewalk.
346.806 - Special rules applicable to electric bicycles.
346.807 - Operating personal delivery device on sidewalk.
346.82 - Penalty for violating sections 346.77 to 346.807.
346.87 - Limitations on backing.
346.88 - Obstruction of operator's view or driving mechanism.
346.90 - Following emergency vehicle.
346.915 - Following snowplows.
346.922 - Transporting children in cargo areas of motor trucks.
346.923 - Human service vehicles; minimum operator qualifications.
346.924 - Transporting buildings on highways.
346.925 - Operation of agricultural machinery by youthful operators.
346.93 - Intoxicants in vehicle; underage persons.
346.935 - Intoxicants in motor vehicles.
346.94 - Miscellaneous prohibited or restricted acts.
346.945 - Vehicle owner's liability for radios or other electric sound amplification devices.