ATVs, UTVs, and Livestock on Wisconsin Roads

All-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) are popular across Wisconsin for recreation and work. Livestock similarly plays a vital role in the livelihood of many families as well as having a recreational purpose.

ATVs, UTVs, horses, and other livestock must often travel along or across roadways in many Wisconsin regions. It is important to be aware of the specific laws that govern operating ATVs, UTVs, or horse-drawn vehicles on public roads as operators can receive citations or face criminal charges for violating these laws.

ATVs and UTVs

The ownership and operation of ATVs and UTVs is governed by Wis. Stat. section 23.33 and Wis. Admin. Code § NR 64. ATVs and UTVs are generally prohibited from operating on public highways, with limited exceptions.

Under Wis. Stat. section 23.33(8), Wisconsin towns, cities, and counties have authority to designate certain roads as ATV and UTV roadways. While this designation can allow ATVs and UTVs to be driven on public roadways, the roads designated for ATV and UTV use vary by county and sometimes road-by-road. What is legal in one part of Vilas County may be illegal in another part of Vilas County.

Illegal ATV or UTV operation on a public roadway can result in fines or criminal charges. A road-use violation under Wis. Stat. section 23.33 carries a fine for an offense, with citations varying by jurisdiction. Further, the ATV or UTV could be impounded, and, if the operator is driving impaired, the penalties may be more severe.

Wis. Stat. chapter 346 (the Rules of the Road) governs situations where ATVs and UTVs lawfully enter a public roadway and are operated on a state of Wisconsin road where their use is permitted.

Operators are subject to the driving, passing, and right of way laws and duties that all other drivers must abide by. Drivers must hold a valid driver’s license, and the vehicle must have working headlights, taillights, and a braking system. Further, drivers must follow all other Wisconsin law governing operating on roadways, such as moving for emergency vehicles, using traffic signals, and obeying speed limits.

Livestock on Roads and Highways

Livestock plays an important role in Wisconsin, and livestock commonly enter roadways for both leisure and necessity. Wisconsin law provides both rights and obligations for those responsible for livestock on a roadway.

Wis. Stat. section 346.21 (Right of Way of Livestock) states:

The operator of a motor vehicle shall yield the right of way to livestock being driven over or along any highway but any person in charge of livestock shall use reasonable care and diligence to open the roadway for vehicular traffic.

For the driver of a vehicle, Wisconsin law requires them to give the right of way to livestock, and they must wait until the livestock passes before continuing to drive. However, the owner of livestock also has a duty to use reasonable care and diligence to clear the road for vehicle traffic quickly and safely.

Horseback Riding or Horse-drawn Apparatuses

Generally, horses or horse-drawn buggies are permitted on Wisconsin roads. People riding horses or driving buggies have the same rights and duties as other drivers on public roads – see chapter 346. Riders and drivers of horse-drawn buggies must use proper lighting at night, display a slow-moving vehicle (SMV) emblem on any buggy or carriage, and yield to certain traffic.

Animal-drawn vehicles must be equipped with one white light visible from 500 feet ahead, two rear-facing red lights visible from 500 feet, and two yellow lights mounted to the rear. Animal-drawn vehicles must have their lights on if they are parked on the roadway when it is dark.

Further, all rules relating to turning, passing, stopping, and yielding apply to animal-drawn vehicles. Animal-drawn vehicles have the right to operate in the lane of traffic but must also be vigilant of motor vehicles nearby. If the animal-drawn vehicle is moving slow enough to impede traffic, it should move over to allow other vehicles to pass it. However, animal-drawn vehicles may also operate on the shoulder of the road.

All are Drivers

While operating ATVs, UTVs, and horse-drawn vehicles is legal in many areas of Wisconsin, the law treats these drivers as participants in traffic. Chapter 346 applies to operators of UTVs, ATVs, horse-drawn vehicles, and those overseeing livestock on roadways.

It is valuable to check with your local municipality and county department for any applicable ordinances as they vary around the State of Wisconsin.

The Wisconsin Department of Transportation, Wisconsin Department of Natural Resources, and the Wisconsin Horse Council may all be valuable resources to understand the laws that apply to UTV or ATV usage and livestock on Wisconsin roads.

This article was originally published on the State Bar of Wisconsin’s
Solo/Small Firm & General Practice Blog of the Solo/Small Firm & General Practice Section. Visit the State Bar
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