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2007 Wisconsin Act 68

Statute Enacted: 3/11/2008

Statute Publication: 3/25/2008

Takes Effect 9/1/2008

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What is Act 68?

• Legislation requiring all recognized and approved Wisconsin driver education programs to include instruction about Wisconsin’s Move Over Law (346.072)

• Recognized and approved Wisconsin DE programs are:– technical college programs approved and administered by the

Wisconsin Technical College System (WTCS);– commercial driving schools approved, licensed and administered

by the Wisconsin Department of Transportation– public and private high school programs administered by the

Wisconsin Department of Public Instruction

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Effective Date for Act 68

• September 1, 2008 is the effective date

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What does Act 68 require?

• Driver Education instruction regarding the 2001 Move-Over Law (343.072 Passing stopped emergency vehicles, tow trucks and highway machinery equipment).

• Driver Education instruction regarding what to do when passing stopped emergency vehicles, tow trucks and highway machinery equipment on the side of the road when their special lights are activated.

NOTE: The act amends 38.04(4)(e) 4; 115.28(11)(d); and 343.16(2)(b) of the statutes. A copy of Act 68 can be found at:

http://www.adtsea.iup.edu/wisconsin/07Act68.

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Key Items for Drivers

• Lane change, open up space between you and possible conflict on side of road.

• If can’t lane change safely, slow down remain in your lane.

Note: Must do one of the above actions if respective vehicles are stopped/parked within 10 feet of the roadway with their emergency lights activated.

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If you are in the right lane on a multiple lane road, and an

emergency vehicle is ahead on right side of road, when safe to

do so, lane change left.

Multi-Lane with an Open Lane

LP3

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If you are in the right lane on a multiple lane road, and an

emergency vehicle is ahead on right side of road, if it is NOT

safe to lane-change left,SLOW DOWN!

Multi-Lane with an Open Lane

LP3

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What About Parked or Stopped Vehicles on the left Side of a

Road?

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If in the left lane on a multiple lane road, and emergency vehicle with lights activated is ahead

on left side of road, when safe to do so, lane-change right.

Multi-Lane with an Open Lane

LP3

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If you are in the left lane on a multiple-lane

road with an emergency vehicle with lights activated on the

left side of the road ahead, and it is not safe

to lane-change right, slow down and stay in

your lane.

Can’t Lane Change

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Move Over Law License Suspension Provision

(2) In addition to any penalty imposed under s. 346.17 (2), any person violating this section shall have his or her operating privilege suspended as provided in s. 343.30 (1o).

 

History: 2001 a. 15.

 

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Violations and Suspension of Driving Privilege

(a) For a period of not less than 90 days nor

more than one year, if the offense resulted in damage to the property of another but did not result in bodily harm to another.

(b) For a period of not less than 180 days nor more than 2 years, if the offense resulted in bodily harm to another but did not result in the death of another.

(c) For a period of 2 years, if the offense resulted in the death of another.

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Simply Stated….Drivers need to lane-change (move over) for emergency-related

vehicles when their emergency lights are activated while on the side of the roadway and multiple lanes in same direction.

The above assumes:• there is/are more than one lane heading in the same direction,

and….• you are able to safely make a lane change

NOTE: If you can not lane-change then you need to slow down. Though not stated in the law, it might help if you not only slow down but also move as far over in your lane (without touching a lane line) to create as much space as you can between your vehicle and the emergency vehicle on the side of the roadway.

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When encountering an emergency vehicle or maintenance vehicle on the side of the road with its emergency lights activated, you are required to move over or slow down.

If on a road with multiple lanes going in same direction:• If safe to do so, move over/change lanes• If not safe to change lanes

– Slow down and stay in your lane– If safe adjust your lane position within your lane– Open up space between you and emergency vehicle on the side

of the road

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Other Statutorily-Required Topics/Content for Wisconsin Driver Education Programs

• acquaints students with the hazards posed by machinery and animals on highways and provide instruction on how to safely dealing with such hazards.

• provides instruction about the hazards posed by railroad grade crossings and how to safely deal with such hazards.

• provides at least 30 minutes of instruction relating to organ and tissue donation.

• provides information on motorcycle, pedestrian and bicycle awareness.

• *Effective September 1, 2008 drivers must move over or slow down when passing stopped emergency vehicles, tow trucks and highway machinery equipment whose emergency lights are activated.

All Wisconsin State-Approved Driver Education Programs must provide instruction that: