Wisconsin Assembly Bill #297 Signed into Law

Wisconsin Governor Tony Evers signed into law Assembly Bill 297, now 2021 Wisconsin Act 115, to address safety for roadside workers, police, fire, tow operators and highway workers.

“Distracted or negligent driving is dangerous and can even be deadly. This bill is a critical step in ensuring the safety of workers on our roads, whether they’re emergency and first responders, construction and utility workers, or tow truck drivers,” said Gov. Evers. “I’m glad to sign this bill that will help make sure folks can do their jobs and respond to emergencies while keeping workers and travelers safe on our roads.”

Assembly Bill 297/2021 Wisconsin Act 115:

• Defines an “emergency or roadside response area” as a section of roadway within 500 feet of an authorized emergency vehicle giving a visible signal or a tow truck displaying flashing red lamps;
• Creates a new crime and penalty for traffic violations that result in bodily harm when the violations occur in a road construction area, utility work area, or emergency response area;
• Applies the existing doubling of fines for certain violations in a road construction area or utility work area to an emergency response area; and
• Requires the Department of Transportation to conduct an awareness campaign for the provisions in the bill.

The bill increases the penalties for certain traffic violations that are committed within 500 feet of an authorized emergency vehicle giving a visible signal or a tow truck displaying flashing red lamps (emergency or roadside response area). These traffic violations include failing to follow certain traffic signs and signals, failing to follow certain orders of traffic officers, exceeding certain maximum speed limits, and driving recklessly. Under the bill, the minimum and maximum fine or forfeiture for these covered violations is also doubled when committed in an emergency or roadside response area.

Also under the bill, if an operator commits one of the covered violations in a highway maintenance or construction area, utility work area, or emergency or roadside response area and the violation results in an injury to another, the operator may be fined not more than $10,000 or imprisoned not more than nine months, or both. The bill specifically prohibits using a wireless telephone while driving a motor vehicle in an emergency or roadside response area.

“This bill took three-plus years in the working, and a lot of meetings,” states a Wisconsin Towing Association press release. “The Wisconsin Towing Association, along with several other Wisconsin associations, lobbied for this bipartisan move due to the loss of several Wisconsin towing operators and roadside workers.”

Note: Wisconsin tow operators must use red emergency lighting when at the scene of an accident alongside a highway or when working in a traffic lane.

[PHOTO CAPTION]

From left: Wisconsin Towing Association (WTA) board member Betty Parnham of Johnson Towing, Stevens Point, Wis., WTA past president Jeff Roskopf of Roskopf’s Service & Towing, Menomonee Falls, Wis., Wis. Governor Tony Evers and WTA board member Wayne Lammert of Rod’s Towing & Service LLC in Merrill, Wis.