Wisconsin Statutes
Wis. Stat. § 346.02 (2026)
Applicability of chapter
✓ current as of July 2026
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346.02(1)(1) Applies primarily upon highways. This chapter applies exclusively upon highways except as otherwise expressly provided in this chapter.
346.02(2)(2) Applicability to persons riding or driving animals or propelling push carts. Every person riding an animal or driving any animal-drawn vehicle or propelling any push cart upon a roadway is granted all the rights and is subject to all the duties which this chapter grants or applies to the operator of a vehicle, except those provisions of this chapter which by their very nature would have no application.
346.02(4)(a)(a) Subject to the special provisions applicable to bicycles, every person riding a bicycle upon a roadway or shoulder of a highway is granted all the rights and is subject to all the duties that this chapter grants or applies to the operator of a vehicle, except those provisions that by their express terms apply only to motor vehicles or that by their very nature would have no application to bicycles. For purposes of this chapter, provisions that apply to bicycles also apply to electric bicycles and motor bicycles, except as otherwise expressly provided.
346.02(4)(b)(b) Provisions which apply to the operation of bicycles in crosswalks under ss. 346.23, 346.24, 346.37 (1) (a) 2., (c) 2. and (d) 2. and 346.38 do not apply to motor bicycles.
346.02(5)(5) Applicability to public officers and employees. The provisions of this chapter applicable to operators of vehicles apply also to operators of vehicles owned by or operated by or for any governmental agency, including the United States government, subject to the specific exceptions set forth in this section and ss. 346.03 and 346.215 (2).
346.02(6)(6) Applicability to persons working on highways. This chapter applies to persons, teams, motor vehicles and road machinery while traveling to or from highway construction or maintenance work but the provisions of ss. 346.05 (3), 346.06 to 346.17, 346.28, 346.29 (2), 346.31 to 346.36, 346.52 to 346.56 and 346.59 do not apply to persons, teams, motor vehicles or road machinery when actually engaged in maintenance or construction work upon a highway.
346.02(7)(7) Applicability of provisions requiring signposting. No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section is effective even though no signs are erected or in place.
346.02(8)(a)(a) All of the applicable provisions of this chapter pertaining to highways, streets, alleys, roadways and sidewalks also apply to pedestrian ways. A pedestrian way means a walk designated for the use of pedestrian travel.
346.02(8)(b)(b) Public utilities may be installed either above or below a pedestrian way, and assessments may be made therefor as if such pedestrian way were a highway, street, alley, roadway or sidewalk.
346.02(9)(9) Applicability to urban mass transit systems. Every person operating an urban mass transportation vehicle or using related facilities is granted all the rights and is subject to all the duties which this chapter grants or applies to such persons, except those provisions of this chapter which by their very nature would have no application.
346.02(10)(10) Applicability to snowmobiles. The operator of a snowmobile upon a roadway shall in addition to the provisions of ch. 350 be subject to ss. 346.04, 346.06, 346.11, 346.14 (1m), 346.18, 346.19, 346.20, 346.21, 346.215 (3), 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1) and 346.94 (1) and (9).
346.02(11)(11) Applicability to all-terrain vehicles and utility terrain vehicles. The operator of an all-terrain vehicle or a utility terrain vehicle on a roadway is subject to ss. 346.04, 346.06, 346.075 (1), 346.11, 346.14 (1m), 346.18, 346.19, 346.20, 346.21, 346.215 (3), 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.67, 346.71, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1) and 346.94 (1) and (9) but is not subject to any other provision of this chapter.
346.02(12)(12) Applicability to electric scooters and electric personal assistive mobility devices. An electric scooter and an electric personal assistive mobility device shall be considered a vehicle for purposes of ss. 346.04 to 346.10, 346.12, 346.13, 346.15, 346.16, 346.18, 346.19, 346.20, 346.215 (3), 346.23 to 346.28, 346.31 to 346.35, 346.37 to 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 to 346.55, 346.57, 346.59, 346.62, 346.65 (5m), 346.67 to 346.70, 346.78, 346.80, 346.87, 346.88, 346.90, 346.91, and 346.94 (4), (5), (9), and (10), except those provisions which by their express terms apply only to motor vehicles or which by their very nature would have no application to electric scooters or electric personal assistive mobility devices.
346.02 HistoryHistory: 1971 c. 125, 277; 1981 c. 390 s. 252; 1983 a. 243; 1985 a. 29, 69; 1989 a. 56 s. 259; 1989 a. 335 s. 89; 1995 a. 138; 2001 a. 90; 2009 a. 46; 2011 a. 208; 2017 a. 294; 2019 a. 11, 34, 183.
346.02 AnnotationWhile sub. (4) (a) provides that provisions in this chapter that apply to bicycles also apply to motor bicycles, nothing in sub. (4) (a) provides that provisions that do not apply to bicycles also do not apply to motor bicycles. State v. Koeppen, 2014 WI App 94, 356 Wis. 2d 812, 854 N.W.2d 849, 13-2539.
346.02 AnnotationWhen read in context, the definition of pedestrian way in sub. (8) (a), and the limitations on condemnation in ss. 32.015 and 61.34 (3) (b), unambiguously exclude sidewalks. Accordingly, ss. 32.015 and 61.34 (3) (b) did not prohibit the village in this case from condemning property to build a sidewalk. Sojenhomer LLC v. Village of Egg Harbor, 2024 WI 25, 412 Wis. 2d 244, 7 N.W.3d 455, 21-1589.
346.02 AnnotationDiscussing state, county, and tribal jurisdiction to regulate traffic on streets in housing projects that have been built and are maintained by the Winnebago Tribe on tribal lands. 78 Atty. Gen. 122.
Notes of Decisions
Cited in 17
cases (5 in the last 5 years), 1931–2026 · leading case: Sojenhomer LLC v. Vill. of Egg Harbor, 2024 WI 25 (Wis. 2024).
Sojenhomer LLC v. Vill. of Egg Harbor, 2024 WI 25 (Wis. 2024). “1 Those statutes provide that property cannot be acquired by condemnation to establish or extend a "pedestrian way," a phrase that Wis. Stat. § 346.02 (8)(a) defines as "a walk designated for the use of pedestrian travel.”
Chernetski v. Am. Fam. Mut. Ins. Co., 515 N.W.2d 283 (Wis. Ct. App. 1994). “" 1 Section 346.02, Stats., provides, in part: *73 (4) Applicability to persons riding bicycles and MOTOR BICYCLES, (a) Subject to the special provisions applicable to bicycles, every person riding a bicycle upon a roadway is granted all the rights and is subject to all the…”
Sojenhomer LLC v. Vill. of Egg Harbor, 2024 WI 25 (Wis. 2024). “1 Those statutes provide that property cannot be acquired by condemnation to establish or extend a "pedestrian way," a phrase that Wis. Stat. § 346.02 (8)(a) defines as "a walk designated for the use of pedestrian travel.”
Burg Ex Rel. Weichert v. Cincinnati Cas. Ins., 2002 WI 76 (Wis. 2002). “51 is made applicable to snowmobiles by Wis. Stat. § 346.02 (10), and provides, in pertinent part: (1) No person shall park, stop or leave standing any vehicle, whether attended or unattended, upon the roadway of any highway outside a business or residence district when it is…”
Cnty. of Grant v. Daniel A. Vogt, 2014 WI 76 (Wis. 2014). “§ 346.02(1) is clear: "This chapter applies exclusively upon highways except as otherwise expressly provided in this chapter.”
Burg Ex Rel. Weichert v. Cincinnati Cas. Ins., 2001 WI App 241 (Wis. Ct. App. 2001). “) Under Wis. Stat. § 346.02 (10), § 346.51 is applicable to operators of snowmobiles upon roadways.”
State v. Dartez, 2007 WI App 126 (Wis. Ct. App. 2007). “67(1) and Wis. Stat. § 346.02 (1). Accordingly, we reverse the circuit court's order dismissing this charge and remand for further proceedings.”
In re Woller, 483 B.R. 886 (Bankr. W.D. Wis. 2012). “In addition, Wis. Stat. § 346.02 provides that certain rules apply to snowmobiles, all-terrain vehicles, and “personal assistive mobility devices.”
State v. Koeppen, 2014 WI App 94 (Wis. Ct. App. 2014). “The State's Reliance On The Definition Of "Motor Vehicle" And Koeppen's Argument Based On Wis. Stat. § 346.02 (4)(a) ¶ 10. The parties do not dispute the meaning of "motor bicycle," which, for purposes of several chapters governing vehicles and rules of the road, is defined in…”
State v. Keith H. Shoeder, 2019 WI App 60 (Wis. Ct. App. 2019). “§ 346.02(11). The prohibitions against OWI and PAC in WIS.”
Sojenhomer LLC v. Vill. of Egg Harbor (Wis. Ct. App. 2023). “§ 346.02(8). The Village points out that § 346.”
State v. Mattson, 409 N.W.2d 138 (Wis. Ct. App. 1987). “See sec. 346.02(10), Stats. In Wisconsin, the intoxicated operation of a snowmobile is governed by a separate provision, sec.”
— Wis. Stat. § 346.02(1) — 3 cases
Cnty. of Grant v. Daniel A. Vogt, 2014 WI 76 (Wis. 2014). “§ 346.02(1) is clear: "This chapter applies exclusively upon highways except as otherwise expressly provided in this chapter.”
State v. Dartez, 2007 WI App 126 (Wis. Ct. App. 2007). “67(1) and Wis. Stat. § 346.02 (1). Accordingly, we reverse the circuit court's order dismissing this charge and remand for further proceedings.”
State v. David A. Schultz (Wis. Ct. App. 2024).
— Wis. Stat. § 346.02(10) — 2 cases
Burg Ex Rel. Weichert v. Cincinnati Cas. Ins., 2001 WI App 241 (Wis. Ct. App. 2001). “) Under Wis. Stat. § 346.02 (10), § 346.51 is applicable to operators of snowmobiles upon roadways.”
State v. Mattson, 409 N.W.2d 138 (Wis. Ct. App. 1987). “See sec. 346.02(10), Stats. In Wisconsin, the intoxicated operation of a snowmobile is governed by a separate provision, sec.”
— Wis. Stat. § 346.02(11) — 1 case
State v. Keith H. Shoeder, 2019 WI App 60 (Wis. Ct. App. 2019). “§ 346.02(11). The prohibitions against OWI and PAC in WIS.”
— Wis. Stat. § 346.02(4) — 2 cases
Chernetski v. Am. Fam. Mut. Ins. Co., 515 N.W.2d 283 (Wis. Ct. App. 1994). “" 1 Section 346.02, Stats., provides, in part: *73 (4) Applicability to persons riding bicycles and MOTOR BICYCLES, (a) Subject to the special provisions applicable to bicycles, every person riding a bicycle upon a roadway is granted all the rights and is subject to all the…”
State v. Koeppen, 2014 WI App 94 (Wis. Ct. App. 2014). “The State's Reliance On The Definition Of "Motor Vehicle" And Koeppen's Argument Based On Wis. Stat. § 346.02 (4)(a) ¶ 10. The parties do not dispute the meaning of "motor bicycle," which, for purposes of several chapters governing vehicles and rules of the road, is defined in…”
— Wis. Stat. § 346.02(4)(a) — 3 cases
Chernetski v. Am. Fam. Mut. Ins. Co., 515 N.W.2d 283 (Wis. Ct. App. 1994). “" 1 Section 346.02, Stats., provides, in part: *73 (4) Applicability to persons riding bicycles and MOTOR BICYCLES, (a) Subject to the special provisions applicable to bicycles, every person riding a bicycle upon a roadway is granted all the rights and is subject to all the…”
Est. of Emilly Zhu v. Brian J. Hodgson (Wis. Ct. App. 2020).
State v. Koeppen, 2014 WI App 94 (Wis. Ct. App. 2014). “The State's Reliance On The Definition Of "Motor Vehicle" And Koeppen's Argument Based On Wis. Stat. § 346.02 (4)(a) ¶ 10. The parties do not dispute the meaning of "motor bicycle," which, for purposes of several chapters governing vehicles and rules of the road, is defined in…”
— Wis. Stat. § 346.02(7) — 1 case
City of Waukesha v. Isaac Kinuthia (Wis. Ct. App. 2020).
— Wis. Stat. § 346.02(8) — 3 cases
Sojenhomer LLC v. Vill. of Egg Harbor, 2024 WI 25 (Wis. 2024). “1 Those statutes provide that property cannot be acquired by condemnation to establish or extend a "pedestrian way," a phrase that Wis. Stat. § 346.02 (8)(a) defines as "a walk designated for the use of pedestrian travel.”
Sojenhomer LLC v. Vill. of Egg Harbor, 2024 WI 25 (Wis. 2024). “1 Those statutes provide that property cannot be acquired by condemnation to establish or extend a "pedestrian way," a phrase that Wis. Stat. § 346.02 (8)(a) defines as "a walk designated for the use of pedestrian travel.”
Sojenhomer LLC v. Vill. of Egg Harbor (Wis. Ct. App. 2023). “§ 346.02(8). The Village points out that § 346.”
— Wis. Stat. § 346.02(8)(a) — 4 cases
Sojenhomer LLC v. Vill. of Egg Harbor, 2024 WI 25 (Wis. 2024). “1 Those statutes provide that property cannot be acquired by condemnation to establish or extend a "pedestrian way," a phrase that Wis. Stat. § 346.02 (8)(a) defines as "a walk designated for the use of pedestrian travel.”
Sojenhomer LLC v. Vill. of Egg Harbor, 2024 WI 25 (Wis. 2024). “1 Those statutes provide that property cannot be acquired by condemnation to establish or extend a "pedestrian way," a phrase that Wis. Stat. § 346.02 (8)(a) defines as "a walk designated for the use of pedestrian travel.”
Sojenhomer LLC v. Vill. of Egg Harbor (Wis. Ct. App. 2023). “§ 346.02(8). The Village points out that § 346.”
Anna Heise Revocable Trust v. Vill. of Pewaukee (Wis. Ct. App. 2026).
— Wis. Stat. § 346.02(8)(b) — 3 cases
Sojenhomer LLC v. Vill. of Egg Harbor, 2024 WI 25 (Wis. 2024). “1 Those statutes provide that property cannot be acquired by condemnation to establish or extend a "pedestrian way," a phrase that Wis. Stat. § 346.02 (8)(a) defines as "a walk designated for the use of pedestrian travel.”
Sojenhomer LLC v. Vill. of Egg Harbor, 2024 WI 25 (Wis. 2024). “1 Those statutes provide that property cannot be acquired by condemnation to establish or extend a "pedestrian way," a phrase that Wis. Stat. § 346.02 (8)(a) defines as "a walk designated for the use of pedestrian travel.”
Sojenhomer LLC v. Vill. of Egg Harbor (Wis. Ct. App. 2023). “§ 346.02(8). The Village points out that § 346.”
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