Wisconsin Statutes

Wis. Stat. § 346.40 (2026)

Whistle signals

✓ current as of July 2026
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346.40346.40Whistle signals.
346.40(1)(1)Whenever traffic is alternately being directed to stop and to proceed by a traffic officer using a whistle, such officer shall use the following whistle signals which shall signify as follows:
346.40(1)(a)(a) One blast of the whistle means that all traffic not within the intersection shall stop.
346.40(1)(b)(b) Two blasts of the whistle means that traffic which had been stopped prior to the one blast shall proceed through the intersection and that the traffic which was stopped by the one blast shall remain stopped.
346.40(2)(2)The traffic officer shall regulate the interval between the one and the 2 blasts so as to permit traffic that is legally within the intersection to clear the intersection.
Notes of Decisions
Cited in 8 cases, 1984–2013 · leading case: Lodl v. Progressive N. Ins., 2002 WI 71 (Wis. 2002).
Lodl v. Progressive N. Ins., 2002 WI 71 (Wis. 2002). · cites it 10× “40 of the Wisconsin Statutes describes the various whistle blasts a law enforcement officer must use when directing traffic using a whistle.”
State v. Delaney, 2003 WI 9 (Wis. 2003). · cites it 8× “Under the 1949 version, subsection (1)(a) defines a repeater as someone convicted of "a crime punishable by imprisonment (except escapes under section 346.40 or 346.45(2))" who has either been convicted of a "felony" or three "misdemeanors" within the previous five years.”
State v. Courtney C. Beamon, 2013 WI 47 (Wis. 2013). · cites it 4× “¶66 Beamon was charged with a violation of fleeing or eluding an officer contrary to Wis. Stat. § 346.40 (3).1 The instruction requested by the State provided that the second 1 Wisconsin Stat.”
Pries v. McMillon, 2010 WI 63 (Wis. 2010). · cites it 4× “2d 314 (examining the text of Wis. Stat. § 346.40 and the Town of Pewaukee Police Department's Operations Policy).”
State v. Wittrock, 350 N.W.2d 647 (Wis. 1984). · cites it 2× “As used in this section, unless context or subject matter otherwise requires: “(a) ‘Repeater’ means a person convicted of a crime punishable by imprisonment, (except escapes under section 346.40 or 346.45(2)), who, within 5 years prior to commission thereof, had been convicted…”
Brown v. Acuity, 2012 WI App 66 (Wis. Ct. App. 2012). · cites it 2× “That ministerial duty was allegedly based on Wis. Stat. § 346.40 , a statute describing how traffic control should be conducted using a whistle, and a police department manual describing how manual *247 traffic control should be conducted, and the known danger that arose when…”
Lodl v. Progressive N. Ins., 2001 WI App 3 (Wis. Ct. App. 2000). “§ 346.40 provides: (1) Whenever traffic is alternately being directed to stop and to proceed by a traffic officer using a whistle, such officer shall use the following whistle signals which shall signify as follpws: (a) One blast of the whistle means that all traffic not within…”
State v. Courtney C. Beamon (Wis. 2013). · cites it 2× “¶66 Beamon was charged with a violation of fleeing or eluding an officer contrary to Wis. Stat. § 346.40 (3).1 The instruction requested by the State provided that the second 1 Wisconsin Stat.”
— Wis. Stat. § 346.40(1) — 1 case
Lodl v. Progressive N. Ins., 2002 WI 71 (Wis. 2002). “40 of the Wisconsin Statutes describes the various whistle blasts a law enforcement officer must use when directing traffic using a whistle.”
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