Motorcycles require specialized skills and knowledge to operate, which is why Wisconsin requires all riders to carry a license. Riding without a license is a violation that could result in numerous civil, legal, financial, and administrative penalties. As such, riders should never ride without a valid license to avoid the consequences.
The Importance of Having a Motorcycle License
Motorcycles are specialized equipment, and a license shows that the operator is capable of riding safely to reduce risk to themselves and others. Similar to other automobiles, the state has a vested interest in regulating motorcycle riders through license and insurance requirements. Riding without a valid motorcycle license is a legal offense and can impact a rider’s liability in any civil litigation they may become embroiled in.
Wisconsin Motorcycle License Requirements
Wisconsin law defines a motorcycle as any motor vehicle with three or fewer wheels, a saddle seat, and capable of traveling more than 30 miles per hour. Motorcycle license requirements apply to any vehicle that fits this definition.
Do You Need a Motorcycle License in Wisconsin?
Yes, you need a separate Class M license in Wisconsin that is distinct from a typical driver’s license. The licensing process for a Class M license is separate and involves separate road skills tests specifically for a motorcycle.
How to Obtain a Motorcycle License in Wisconsin
Before getting a motorcycle license, you must hold an instructional permit and pass a road test or a state-approved Basic Rider Course (BRC). Once you have your permit, you can take the road test and receive a Class M endorsement if you pass. There is no minimum time you must hold a permit before taking the license road test.
What Happens If You Get Pulled Over Without a Motorcycle License?
Getting pulled over without a license has several immediate and long-term consequences.
Immediate Consequences of Riding Without a License
In the immediate aftermath, an officer can cite you for a fine for not having motorcycle license and potentially take your bike away. Riding without the appropriate license incurs a three-point demerit, which could result in a suspension of your regular license.
Additional Legal Repercussions
Repeat offenders can be subject to increasing criminal penalties, including prison time and increasing fines. Courts might order repeat offenders to attend driver safety programs, and repeated offenses can cause the offender’s motorcycle insurance premiums to skyrocket.
Penalties for Riding a Motorcycle Without a License in Wisconsin
Below are specific requirements for first-time and repeat offenders. An offense is a repeat offense if it occurs within three years of the previous violation (Wis. Stat. 343.05(5)(b)1).
1. First-Time Offenders
First-time offenders can face a $200 fine but do not face any prison time.
2. Repeat Offenders
Second-time offenders can face up to a $300 fine and up to 30 days in prison. Subsequent offenses carry a maximum $500 fine and up to six months in prison.
3. Additional Penalties for Other Violations
If you cause great bodily injury or death while riding without a license, you could face fines of between $5,000 and $10,000 and be charged with a Class I or Class H felony, respectively.
Can You Ride a Motorcycle with a Regular Driver’s License?
No, you specifically need a motorcycle license to operate a motorcycle. A standard or Class D license only allows you to operate non-commercial passenger vehicles.
How to Avoid Penalties and Ride Legally in Wisconsin
The penalties for riding without a license in Wisconsin can quickly add up, so you are incentivized to always stay compliant on the road.
1. Get Your Motorcycle License the Right Way
Ensure you complete all required training courses and you have a non-expired license. If you take a Basic Rider Course instead of the road skills tests, the course must be state-approved, and you must bring a certificate when applying for your Class M license.
2. Carry Proper Documentation
Always carry your license with you when riding. An officer of the law can request your license if they pull you over and subject you to penalties if you refuse.
3. Educate Yourself on Wisconsin Motorcycle Laws
Motorcycles must follow all the same rules as other automobiles but also have some specific restrictions. You can review all relevant motorcycle rules in the Wisconsin Motorcyclists’ Handbook.
Frequently Asked Questions
The following are some of the most common questions we receive about Wisconsin’s motorcycle license rules and regulations.
1. What Is the Fine for Not Having a Motorcycle License in Wisconsin?
A first-time violation of riding without a license can carry a fine of up to $200, and second and third violations carry a $300 and $500 fine.
2. Will My Motorcycle Be Impounded If I Get Pulled Over Without a License?
Yes, if you get pulled over without a motorcycle license, the police will likely impound your bike. You may have difficulties recovering your motorcycle as long as you lack a valid license.
3. Can I Ride a Motorcycle with Just a Learner’s Permit?
Yes, you can ride with just a learner’s permit. However, you can only ride unaccompanied during the day, and you must wear a helmet and eye protection. If riding at night, you must ride with someone at least 25 years old with a valid Class M license for at least two years.
4. What Happens If I Get into an Accident Without a Motorcycle License?
Aside from any criminal/administrative penalties for riding without a license, it could also affect your compensation. Insurers might argue your lack of license is negligence and that shared liability could reduce total compensation in a lawsuit.
5. Is It Worth the Risk to Ride Without a License?
No, riding without a license is not worth the penalties, especially considering how simple it is to get your Class M endorsement.
Ride Smart, Ride Legal
Motorcycles are a great hobby, but you can open yourself to legal issues and dangerous risks if you ride without the proper certification. If you have any more questions about penalties for riding a motorcycle without a license or motorcycle license requirements in Wisconsin, or you would like to discuss a Wisconsin motorcycle accident case, contact Schwaba Law Firm online or reach out by phone.
