There are various requirements for a motorcycle to be considered fully street-legal in Wisconsin. If you do not operate a fully street-legal motorcycle, you are more prone to accidents on the road and will face legal penalties and other dire consequences, including complications if you decide to pursue a personal injury claim.
Legal representation for car accidents in Milwaukee often highlights the importance of compliance with local laws, including those governing motorcycles. But which type of motorcycle is fully street-legal? Is an Enduro or motocross a fully street-legal motorcycle? Here is everything you need to know.
Fully Street Legal Motorcycles Criteria
There are various criteria that motorcycle riders must meet in order to have their vehicle considered fully street-legal, and this doesn’t even include helmet laws. In the state of Wisconsin, the following criteria must be met for a motorcycle vehicle to be considered fully street-legal:
- Proper Licensing
A rider cannot operate a fully street-legal motorcycle without a valid motorcycle endorsement on a driver’s or separate motorcycle license.
- Registration and Title
Every motorcycle operating on the roads must be registered with the state’s Department of Transportation and display valid license plates.
- Safety Equipment
For a motorcycle to be considered fully street-legal, it must be equipped with various safety features. This includes having working headlights, tail lights, and turn signals. A motorcycle should also have mirrors on both sides, a functional horn, and a rear reflector.
- Insurance
As required by Wisconsin law, all riders need to have liability insurance coverage. These mandatory coverages are meant to protect both the rider and other traffic participants. In Wisconsin, the minimum liability insurance coverage is $25,000 for death or bodily injury to one person and $50,000 for multiple harmed individuals. When it comes to property damage, the minimum liability insurance for riders is $10,000.
- Exhaust Standards
In Wisconsin, motorcycles are subjected to state noise regulations. The vehicle’s exhaust system must be in proper working condition to reduce the noise while modifications to either amplify or increase the noise are frowned upon.
- Tires and Brakes
Any fully street-legal motorcycle must have proper tires and functioning brakes to ensure the safety of the rider and other traffic participants.
Off-Highway Motorcycles (OHM)
In Wisconsin, off-highway motorcycles refer to bike vehicles that are designed to travel on two tires, have a seat, and handlebars, and can be used off a highway on trails. The most common types of OHM bikes are motocross, enduro, and dual-purpose bikes.
Although a motocross is designed for racing over jumps, they are not a fully street-legal motorcycle. Enduro bikes, on the other hand, meet the minimum standards to be street-legal. Dual-purpose bikes are also fully street-legal.
Generally, all fully street-legal bikes must be equipped with DOT-approved tires, and their noise and emission should conform with the minimum EPA standards.
The Risk of Non-Fully Street Legal Motorcycles
Non-fully street-legal motorcycles are generally more prone to accidents for various reasons. First off, they usually lack certain safety features, which can include missing mirrors, functional lights, proper braking systems, and other safety features that increase the risk of accidents on the road.
When a motorcycle lacks adequate lightning or reflectors, they are less visible on the streets, especially at night or in low-light areas. Riders who operate non-fully street-legal motorcycles on roads are generally considered to be more likely to engage in additional risky behavior which can include speeding or aggressive maneuvers.
Since some riders might not even have proper licensing or lack of training, their inexperience leads to a higher likelihood of accidents. Apart from this, there are also several mechanical issues to keep in mind which can occur.
Unmaintained or unauthorized vehicles which are non-compliant to applicable regulations or have been illegally modified can easily result in mechanical failures which can lead to crashes. It is also worth mentioning that those who operate illegal motorcycles will inevitably attract the attention of local law enforcement.
When this occurs, various high-speed pursuit scenarios can happen which further increases the risk of accidents.
Insurance and Legal Consequences
Operating an illegal motorcycle can come with various consequences for the driver, especially if an accident does occur. In most cases, non-compliant riders will face fines or citations for riding an illegal vehicle and if the rider pursues a personal injury case to recover some damages, their liability will also be affected simply due to the illegal status of their vehicle.
In such instances, usually, the rider will be assigned a higher percentage of fault for the accident. The impact on the rider’s insurance claims does not end here. Insurance companies may deny claims to those operating non-compliant motorcycles which means a lesser chance for the rider to receive compensation if they sustained injuries or other damages in the accident.
The rider’s insurance premiums may also be increased if they are involved in an accident with a non compliant vehicle or they might even be dropped by their insurer. If the rider is also discovered to have operated their illegal motorcycle without registration or insurance, they can also be charged with reckless driving leaving them susceptible to criminal charges.
Complications in Personal Injury Cases
The state of Wisconsin follows the comparative negligence rule system in which accident victims cannot pursue compensation for their damages if they are discovered to be more than 50% at fault for the incident.
When the rider operating a non-compliant motorcycle sustains injuries in a car accident, their ability to recover damages will be limited due to their vehicle’s non-compliance. The rider’s illegal status can reduce the amount of compensation they might receive based on their share of fault in the accident or they might not be able to pursue any compensation at all depending on the case’s circumstances.
If you have been involved in a motorcycle accident in Wisconsin and suffered injuries, consider consulting with a motorcycle accident lawyer who can further assist you with your legal options and rights. A lawyer can help you seek damages and establish liability.
