Since city officials passed an ordinance three years ago allowing the use of neighborhood electric vehicles (NEVs) on city streets, several Waupun residents have enjoyed the green mode of transportation; blending in with local traffic without a problem until now.
NEV owner Steve Wendt was surprised to see the flashing blue lights of a Wisconsin State Patrol squad car in his rear view mirror last week as he was traveling along Watertown Street in his NEV.
“He said that according to state law, my vehicle was not street-legal on a highway,” Wendt said. “This surprised me since our city ordinance allows us to operate on any street that has a posted speed limit of 35 miles per hour or less.”
Although Wendt got off with a verbal warning, he was left wondering how he and other NEV owners could get around the city without having to crossing or traveling on one of the four state highways running through town. Highway 49 (Main Street) bisects the city. Other streets impacted are Fox Lake Road (Highway 68), Watertown Street (Highway 26) and Fond du Lac Street (Business Highway 151).
The provision barring NEVs from traveling on or crossing state highways wasn’t even on the books when the Waupun NEV ordinance was passed, said City Attorney Daniel Vande Zande. The retooled state statute, Act 33, states that local municipalities must get written approval from the Department of Transportation to allow NEVs to travel on “connecting highways” within the municipality and/or to cross an intersection with a state highway.
“Although it could be argued that enactment of our ordinance under the prior statute does not necessitate our compliance with subsection 3 in its current form, it is probably much easier for us to simply provide the notice (to the Department of Transportation),” said Vande Zande.
According to subsection 3, the DOT has 21 days to grant its consent or state its objection to the operation of NEVs on the connecting highways.
“If they don’t object during this time, we should be fine,” Vande Zande said.
City Administrator Gary Rogers Jr. said he was surprised to hear of the contact with police, especially with the daily presence of state troopers, county deputies from Fond du Lac and Dodge County along with city police.
“We haven’t kept the use of NEVs by our citizens a secret,” Rogers said. “I find it interesting that the state would allow mopeds, bicycles and small motorcycles (on these streets) but stop an NEV.”
Waupun Police Chief Dale Heeringa said he is taking a wait-and-see approach.
“We will not be enforcing the change in the law until we get direction from the state that we need to,” Heeringa said.
Although he was told to stay off the main thoroughfares, Wendt still travels on Main Street to do business.
“I’m glad the city was progressive in allowing NEVs to travel city streets in the first place, but now they need to take the next step to allow us to continue to drive them and allow our local dealer to sell them,” Wendt said.
