Wisconsin Statutes

Wis. Stat. § 346.05 (2026)

Vehicles to be driven on right side of roadway; exceptions

✓ current as of July 2026

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346.05346.05 Vehicles to be driven on right side of roadway; exceptions.

346.05(1)(1) Upon all roadways of sufficient width the operator of a vehicle shall drive on the right half of the roadway and in the right-hand lane of a 3-lane highway, except:

346.05(1)(a)(a) When making an approach for a left turn or U-turn under circumstances in which the rules relating to left turns or U-turns require driving on the left half of the roadway; or

346.05(1)(b)(b) When overtaking and passing under circumstances in which the rules relating to overtaking and passing permit or require driving on the left half of the roadway; or

346.05(1)(c)(c) When the right half of the roadway is closed to traffic while under construction or repair; or

346.05(1)(d)(d) When overtaking and passing pedestrians, animals or obstructions on the right half of the roadway; or

346.05(1)(e)(e) When driving in a particular lane in accordance with signs or pavement markings designating such lane for traffic moving in a particular direction or at designated speeds; or

346.05(1)(f)(f) When the roadway has been designated and posted for one-way traffic, subject, however, to the rule stated in sub. (3) relative to slow moving vehicles.

346.05(1)(g)(g) If the vehicle is a wide implement of husbandry, as defined in s. 347.24 (3) (a), being operated in compliance with any applicable requirement under s. 347.24 (3), 347.245 (1), or 347.25 (2g), and the vehicle is operated as much as practicable on the right half of the roadway and in the right-hand lane of a 3-lane highway, a portion of the vehicle may extend over the center of the roadway into any lane intended for travel in the opposite direction and may extend into any passing lane of a 3-lane highway. A wide implement of husbandry operated as described in this paragraph is subject to any restriction under ss. 346.06, 346.09 (2) and (3), and 346.59.

346.05(1m)(1m) Notwithstanding sub. (1), any person operating a bicycle, electric scooter, or electric personal assistive mobility device may ride on the shoulder of a highway unless such riding is prohibited by the authority in charge of the maintenance of the highway.

346.05(2)(2) The operator of a vehicle actually engaged in constructing or maintaining the highway may operate on the left-hand side of the highway; however, whenever such operation takes place during the hours of darkness the vehicle shall be lighted as required by s. 347.23.

346.05(3)(3) Any vehicle proceeding upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand edge or curb of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn or U-turn at an intersection or a left turn into a private road or driveway, and except as provided in s. 346.072.

346.05 HistoryHistory: 1995 a. 138; 2001 a. 15, 90; 2009 a. 97; 2013 a. 377; 2015 a. 124; 2019 a. 11.

346.05 Cross-referenceCross-reference: See s. 346.59 for minimum speed regulation and duty of slow drivers.

346.05 AnnotationThe defendant was driving on the wrong side of the road under this section when the defendant momentarily crossed the center of the road. State v. Popke, 2009 WI 37, 317 Wis. 2d 118, 765 N.W.2d 569, 08-0446.

Notes of Decisions

Cited in 16 cases (1 in the last 5 years), 1992–2022 · leading case: State v. Popke, 2009 WI 37 (Wis. 2009).

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State v. Popke, 2009 WI 37 (Wis. 2009). · cites it 15× “The State, on the other hand, argues that crossing over the center of the road is a violation of Wis. Stat. § 346.05 (1) (2005-06), 3 and as a result, the officer had probable cause to believe a traffic violation had occurred.”

Totsky v. Riteway Bus Serv., Inc., 2000 WI 29 (Wis. 2000). · cites it 24× “46 (1) and Wis. Stat. § 346.05 (1) is the classification of both as safety statutes.”

State v. Gerald P. Mitchell, 914 N.W.2d 151 (Wis. 2018). · cites it 4× “For example, they agree to drive on the right side of the road, Wis. Stat. § 346.05 ; to yield the right- of-way to emergency vehicles, Wis.”

State v. Clayton W. Williams, 2014 WI 64 (Wis. 2014). · cites it 4× “935 (2) (Count 3), operating left of the center line contrary to Wis. Stat. § 346.05 (1) (Count 4), non-registration of a vehicle contrary to Wis.”

State v. Schutte, 2006 WI App 135 (Wis. Ct. App. 2006). · cites it 2× “The trial court properly instructed jurors that the violation of a traffic statute, such as Wis. Stat. § 346.05 (1) (requiring motorists to "drive on the right half of the roadway"), "does not necessarily constitute criminal negligence.”

State v. Puchacz, 2010 WI App 30 (Wis. Ct. App. 2010). · cites it 4× “The relevant statute is Wis. Stat. § 346.05 , which reads in pertinent part: Vehicles to be driven on right side of roadway; exceptions.”

State v. Zamzow, 2016 WI App 7 (Wis. Ct. App. 2015). · cites it 2× “2d 536 (holding that when the officer observed the defendant cross over the center line, the officer had probable cause to believe the defendant had operated his vehicle left of center, in violation of Wis. Stat. § 346.05 (2007-08)). All references to the Wisconsin Statutes are…”

Totsky v. Riteway Bus Serv., Inc., 584 N.W.2d 188 (Wis. Ct. App. 1998). · cites it 2× “La Vallie [the plaintiff] for his violation of sec. 346.05(1), Stats., requiring one to drive on the right half of the roadway, and also for his violation of sec.”

State v. Naydihor, 483 N.W.2d 253 (Wis. Ct. App. 1992). · cites it 2× “One was for driving left of center, contrary to sec. 346.05(1), Stats. The other was for operating after revocation (OAR), second offense, contrary to sec.”

Johnson Ex Rel. Kennedy v. Owen, 528 N.W.2d 511 (Wis. Ct. App. 1995). “3 The court ruled that these statutes were to be read in conjunction with § 346.05(1), STATS., requiring the operator of a vehicle to drive on the right half of the roadway (with exceptions not applicable here).”

United States v. Hulsey, 11 F. App'x 607 (7th Cir. 2001). “Here, because Hulsey violated Wisconsin law when her vehicle crossed the center line, see Wis. Stat. § 346.05 , the stop was reasonable.”

Est. of Derousseau v. Dunn Cnty., 921 N.W.2d 2 (Wis. Ct. App. 2018). · cites it 7× “§ 346.05(2) (2015-16), 2 stating that the operator of a vehicle engaged in maintaining the highway may operate on the left-hand side of the highway.”

Show all 16 citing cases →

— Wis. Stat. § 346.05(1) — 6 cases

Totsky v. Riteway Bus Serv., Inc., 584 N.W.2d 188 (Wis. Ct. App. 1998). “La Vallie [the plaintiff] for his violation of sec. 346.05(1), Stats., requiring one to drive on the right half of the roadway, and also for his violation of sec.”

State v. Naydihor, 483 N.W.2d 253 (Wis. Ct. App. 1992). “One was for driving left of center, contrary to sec. 346.05(1), Stats. The other was for operating after revocation (OAR), second offense, contrary to sec.”

State v. Jacqueline A. Ziriax Anderson (Wis. Ct. App. 2020).

State v. Jennifer A. Jenkins (Wis. Ct. App. 2022).

— Wis. Stat. § 346.05(2) — 1 case

Est. of Derousseau v. Dunn Cnty., 921 N.W.2d 2 (Wis. Ct. App. 2018). “§ 346.05(2) (2015-16), 2 stating that the operator of a vehicle engaged in maintaining the highway may operate on the left-hand side of the highway.”

— Wis. Stat. § 346.05(lm) — 1 case

Kaufman v. Postle, 2001 WI App 86 (Wis. Ct. App. 2001).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.