Wisconsin defines an off-highway motorcycle as a 2-wheeled motor vehicle that is straddled by the operator, is equipped with handlebars, and is designed for use off a highway, regardless of whether it is also designed for use on a highway. The definition uses the words "motor vehicle"; it does not include an electric bicycle as defined under s. 340.01 (15ph).
No person may operate an off-highway motorcycle off the highways (defined as off-highway motorcycle corridors, off-highway motorcycle routes, and areas where operation is authorized under sub. (10) or (11)) unless it is registered with the department under this section, is exempt from registration, or the operator holds a temporary operating receipt provided by an off-highway motorcycle dealer. Exempt is a motorcycle that: has a valid registration of a federally recognized American Indian tribe or band under an s. 23.35 agreement and displays its decal; "displays a plate or sign attached in the manner authorized under sub. (5) (c)"; "will be operated exclusively in racing on a raceway facility or as part of a special off-highway motorcycle event"; is in the state not more than 15 days and "used exclusively as part of an advertisement being made for the manufacturer"; or is exempt by department rule. Separately, no person may operate an off-highway motorcycle on an off-highway motorcycle corridor unless a nonresident trail pass issued to the person is permanently affixed on the exterior of the motorcycle where it is clearly visible, or the person carries proof of a valid temporary trail use receipt; a motorcycle "registered under sub. (3)" of this Wisconsin section, or exempt under the plate-or-sign, racing-or-event or advertisement exemption, is exempt from the pass. Neither requirement applies off the highways during the first full weekend in June of each year.
No person may operate, or be a passenger on, an off-highway motorcycle on an off-highway motorcycle corridor without wearing protective headgear of the type required under s. 347.485 (1) (a), with the chin strap properly fastened, unless the person is at least 18 years of age, is traveling for the purpose of hunting or fishing and is at least 12 years of age, or the motorcycle is being operated for an agricultural purpose. A corridor is an off-highway motorcycle trail or other established corridor "open to the public for the operation of off-highway motorcycles for recreational purposes", not a route. Separately, no person may operate a limited use off-highway motorcycle on an off-highway motorcycle route or in an area where operation is authorized under sub. (10) (a) or (11) (a), or be a passenger there, without the same headgear, unless the person is at least 18 years of age. The headgear type is one meeting the standards established for motorcycle operation in 49 CFR 571.218. On a corridor or route, every operator and passenger must also wear glasses, goggles, or a protective face shield attached to headgear approved by the department.
A person under 12 years of age may not operate an off-highway motorcycle on a roadway under any circumstances, and may not operate one off a roadway unless accompanied by a parent or guardian or by a person at least 18 years of age designated by the parent or guardian. A person who is at least 12 years of age and born after January 1, 1998, may not operate an off-highway motorcycle off the highways without a valid certificate issued by the department under its safety certification program or by another state or a province of Canada, and must carry proof of it and display it to a law enforcement officer on request. Persons enrolled in a safety certification program may operate in an area designated by the instructor. These restrictions do not apply on private property if the owner has given consent and does not hold the property out to the public for use of off-highway motorcycles. The under-12 restriction also does not apply to a person operating a limited use off-highway motorcycle at an event sponsored by a local governmental unit, an off-highway motorcycle association, or a similar organization approved by a local governmental unit, who is wearing protective headgear and is accompanied by a person at least 18 years of age or a parent or guardian. A rental business may not rent or lease a limited use off-highway motorcycle to a person under 12 years of age.
A limited use off-highway motorcycle is an off-highway motorcycle that is not registered by the department of transportation for use on highways. No person may operate one on the roadway portion of any highway unless a listed case applies: a direct crossing where no obstruction prevents a quick and safe crossing, after stopping and yielding the right-of-way; crossing a bridge, culvert, or railroad right-of-way on the same terms, unless the roadway is officially closed to off-highway motorcycle traffic; crossing a bridge under county and city, village, or town ordinances that apply to it; a roadway not maintained, or only minimally maintained, on a seasonal basis, only in seasons when no maintenance occurs and if not officially closed to off-highway motorcycle traffic; an off-highway motorcycle route, on the extreme right side except for left turns; a holder of a Class A or Class B permit under s. 29.193 (2) traveling to hunt or for an activity the permit authorizes; a motorcycle registered for private use and used exclusively as an implement of husbandry or for agricultural purposes, on the extreme right side; or a roadway blocked off for a special off-highway motorcycle event. No person may operate one on any part of a freeway that is part of the federal system of interstate and defense highways under any circumstances, or on any other freeway unless the department of transportation authorizes it.
An electric bicycle is a bicycle equipped with fully operative pedals for propulsion by human power and an electric motor of 750 watts or less that meets Class 1, Class 2 or Class 3. Class 1 and Class 3 motors provide assistance only when the rider is pedaling and cease to provide assistance at 20 and 28 miles per hour respectively; a Class 2 may be powered solely by the motor and is not capable of providing assistance when the bicycle reaches 20 miles per hour.
This page restates state law in plain words and links the text it came from. It is not legal advice. Cities, counties and the agencies that manage federal land (the Bureau of Land Management and the Forest Service) add rules of their own, so check with whoever manages the ground you plan to ride.
