JURISDICTION: WISCONSIN
This chapter summarizes Wisconsin State statutes related to speed.
General Reference: Wisconsin Statutes Annotated and Wisconsin
Administrative Code (WAC)
Basis for a Speed Law Violation:
Basic Speed Rule: No person drive a vehicle at a speed greater
than is reasonable and prudent under the conditions and having
regard for the actual and potential hazards then existing.
§346.57(2)
Statutory Speed Limit: 65 MPH on any freeway or expressway when posted §346.57(4)(gm)
See Other below. 55 MPH on highways not posted §346.57(h)
45 MPH on designated rustic roads §346.57(k)
35 MPH on highways within semiurban district outside city or village corporate limits §346.57(g)
35 MPH on outlying district highways within city or village corporate limits §346.57(f)
35 MPH on certain highway in business, industrial and residential districts §346.57(j)
25 MPH on service roads with city or village corporate limits §346.57(em)
25 MPH on other highways within city or village corporate limits §346.57(e)
15 MPH in an alley §346.57(d)
15 MPH in a safety zone where a vehicle has stopped to receive or discharge passengers §346.57(c)
15 MPH in a "school crossing" §346.57(b)
15 MPH when passing a school during times when children are either going to or from a school or when children "are playing within the sidewalk area at or about the school." §346.57(a)
15 MPH in town parks or recreation area when children are
going to or from or playing within such areas. §346.57(i)
Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may increase or decrease the speed limits on highways under its jurisdictions. However, no speed limit can be >65 MPH on freeways or expressways or 55 MPH on other highways.(1) §§346.57(5) and 349.11(1)(a) & (2)(a) Note: Wisconsin law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.
II. Based on engineering and traffic investigations, the State
may increase or decrease the speed limits on highways under its
jurisdictions. However, no speed limit can be >55 MPH(2) §§346.57(5) and 349.11(1)(a)
& (3)(a)
Basis for a Speed Law Violation: (continued)
Posted (Maximum) Speed Limit: (continued) III. Based on an investigation, the State may establish safe maximum speed limits on bridges, causeways, viaducts or other structures. §349.11(4)
IV. Local governments may establish temporary speed limits on
highways that are under going construction or maintenance.
§349.11(10)
Minimum Speed Limit: No person shall drive a motor vehicle at
a speed so slow as to impede the normal and reasonable movement
of traffic. §346.59(1)
Posted (Minimum) Speed Limit: Based on engineering and traffic
investigations, the State may establish a minimum speed limit for
State trunk highways. §349.11(1)(b)
Other: No person shall drive a vehicle that is equipped with
metal or solid rubber tires >15 MPH. §346.58
Adjudication of Speed Law Violations:
Civil/Criminal Adjudication of Violation: All Speed Law Violations are Civil Forfeiture Offenses. §§346.60 & 939.12
Other:
Sanctions Following an Adjudication of a Speed Law
Violation:
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years,
Etc.): None
Mandatory Minimum Term:
Fine:
Amount ($ Range): Violating the Basic Speed Law, School Area/Safety Zone Speed Limits-1st offense-$40 to $300 Subsequent offense-$80 to $600 §346.60(3)
Violating the 65 MPH Speed Limit-$50 to $300 §346.60(2)(b)
Violating Other Speed Limits(3)-$30 to $300 §346.60(2)(a)
Violating the Minimum Speed Law-1st offense-$20 to $40 Subsequent offense-$50 to $100 §346.60(1)
Mandatory Min. Fine ($): None
Other Penalties:
Traffic School: An offender may have points deducted from
their driving record if they participate in either driver
improvement counseling, a traffic safety school, or a defensive
driving course. WAC 101.07
Sanctions Following an Adjudication of a Speed Law Violation:
(continued)
Other Penalties: (continued)
Other: The above fines are double if
the following offenses occur in a highway maintenance or
construction area: Violating the basic speed law; exceeding the
speed limit in an alley; or, exceeding the speed limit on
highways or roads with 25 to 65 MPH speed limits (except roads
within parks or rustic roads). §346.60(3m)
Licensing Action:
Type of Licensing Action
(Susp/Rev): Suspension or Revocation via the Courts §343.30(1) & (1n)
Suspension or Revocation-Based upon repeated violation of the traffic laws via a Point System(4) §343.32(2)(a)
Term of License Withdrawal
(Days, Months, Years, etc.): Suspension or Revocation via the Courts: (1) For speeding 25 MPH over the 65 or 55 MPH speed limit-15 day suspension §343.30(1n) (2) For other violations-Not more than 1 year §343.30(1)
Suspension or Revocation via a Point System-2 months to 1 year2 §343.32(3) & WAC Trans. 101.04
Mandatory Minimum Term of
Withdrawal: Suspension or Revocation via the Courts: (1) For speeding 25 MPH over the 65 or 55 MPH speed limit-15 day suspension §343.30(1n) (2) For other violations-None Note: Licensing action is discretionary §343.30(1)
Mandatory Minimum Term of
Withdrawal: (continued) Suspension or Revocation via a
Point System-None Note: A person is eligible for
occupational driving privileges §343.32(6)
Miscellaneous Sanctions
Not Included Elsewhere:
Other Criminal Actions Related to Speeding:
Racing on Highway: Civil Forfeiture §§346.94(2) & 346.95(2)
Sanctions:
Criminal Sanction:
Imprisonment (Term): None
Mandatory Minimum Term:
Fine ($ Range): $20 to $400 §346.95(2)
Mandatory Minimum Fine: None
Other Criminal Actions Related to Speeding:
(continued)
Racing on Highway: (continued)
Administrative Licensing Action:
Licensing Authorized and
Type of Action: Suspension or Revocation via the Courts §343.30
Suspension or Revocation-Based upon repeated violation of the traffic laws via a Point System4 §343.32(2)(a)
Length of Term of
Licensing Withdrawal: Suspension or Revocation via the Courts-Not more than 1 year §343.30(1)
Length of Term of
Licensing Withdrawal: (continued) Suspension or Revocation via a Point System-2 months to 1 year4 §343.32(3) & WAC Trans. 101.04
Mandatory Action--Minimum
Length of License
Withdrawal: Suspension or Revocation via the Courts-None Note: Licensing action is discretionary §343.30(1)
Suspension or Revocation via a Point System-None
Note: A person is eligible for occupational driving privileges
§343.32(6)
Other:
Reckless Driving(5): Civil Forfeiture, Misdemeanor or Felony §§346.62(2), (3) & (4), 939.12 and 939.60
Sanction:
Criminal:
Imprisonment (Term): Endangering Persons or Property-1st offense-Forfeiture-None Subsequent offense (within 4 years)-Misdemeanor-Not more than 1 year in the county jail §346.65(1)(b)
Causing Bodily Harm-Misdemeanor-30 days to 1 year in the county jail §346.65(3)
Causing Great Bodily Harm-Felony(6)-90 days to 18 months (imprisonment) §346.65(4)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): Endangering Persons or Property-1st offense-Forfeiture-$25 to $200 Subsequent offense (within 4 years)-Misdemeanor-Not more than 1 year in county jail §346.65(1)(b)
Causing Bodily Harm-Misdemeanor-$300 to $2,000 §346.65(3)
Causing Great Bodily Harm-Felony-$600 to $2,000 §346.65(4)
Mandatory Minimum Fine: None
Other Criminal Actions Related to Speeding:
(continued)
Reckless Driving: (continued)
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension or Revocation via the Courts §343.30
Suspension or Revocation-Based upon repeated violation of the traffic laws via a Point System4 §343.32(2)(a)
Causing Great Bodily Harm-Revocation §343.31(1)(a)
Length of Term of License
Withdrawal Action: Suspension or Revocation via the Courts-Not more than 1 year §343.30(1)
Suspension or Revocation via a Point System-2 months to 1 year4 §343.32(3) & WAC Trans. 101.04
Causing Great Bodily Harm-1 year §343.31(3)(a)
Mandatory Term of License
Withdrawal Action: Suspension or Revocation via the Courts-None Note: Licensing action is discretionary §343.30(1)
Suspension or Revocation via a Point System-None Note: A person is eligible for occupational driving privileges §343.32(6)
Causing Great Bodily Harm-1 year
§343.31(3)(a)
Other:
Commercial Motor Vehicle (CMV) Operators(7):
Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"(8) within a 3 year period or (2) commit 3 such violations within a 3 year period. §343.315(f)
Period of Disqualification: 2 serious violations
(within 3 years)-60 days 3 serious violations
(within 3 years)-120 days §343.315(f)
Period of Mandatory Disqualification: 2 serious
violations (within 3 years)-60 days 3
serious violations (within 3 years)-120 days
§343.315(f)
1. 1In addition, the State cannot modify the maximum statutory speed of 15 MPH in a safety zone or the speed limit on the more than 2,000 miles of State truck highways. §349.11(2)(b) & (c)
2. 2In addition, a local government State cannot modify the maximum statutory speed of 15 MPH in a safety zone. §349.11(3)(b) Such government must obtain State approve to modify speed limits within corporate limits or within a semiurban district outside corporate limits. In addition, in general, it cannot reduce by 10 MPH (15 MPH on rustic roads) or less statutory speed limits without State approval. §349.11(3)(c)
3. 3This includes a violation of §346.58 which prohibits a person from driving a motor vehicle that is equipped with metal or solid rubber tire >15 MPH. §346.60(2)(a)
4. 4Point System. I. An offender's license is subject to either suspension or revocation for 2 months, 4 months, 6 months or 1 year if they accumulate respectively 12 to 16 points, 17 to 22 points, 23 to 30 points or >30 points within 12 months. WAC Trans. 101.04 II. The following points have been assigned to speeding to speed related offenses: Racing on the highways-6 points; reckless driving-6 points; speeding 20 MPH over the speed limit-6 points; imprudent speed-4 points; speeding >10 MPH but <20 MPH over the speed limit-4 points; unnecessary acceleration-4 points; speeding 10 MPH over the speed limit-3 points; driving too slowly-2 points; and, all other moving violations-2 points. WAC Trans. 101.02
5. 5"Reckless driving" is defined as driving a vehicle so as either (1) to endanger the safety or any person or property via negligent operation, (2) to cause bodily harm to another via negligent vehicle operation, or (3) to cause great bodily harm to another via negligent vehicle operation. §346.62(2), (3) & (4)
6. 6If a crime is punishable by imprisonment in one of the State's prisons, it is a felony. §939.60
7. 7A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight 26,001 lbs., is designed to transport 15 or more persons, or is transporting hazardous materials. §340.01(8)
8. 8A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §343.315(f)(1) & (3)-500(17)((a) & (b)