Arthur, please re-read the statute. Vehicle Actuation does not include having to push a button or pedestrian push button. Until I see a motor vehicle driver push a button having a biker push a button is not accepatble. Also the statue does not give exceptions to pedestrians being present. Nor does it give exceptions to having a biker position him/herself on a particlaur spot.
Mike 346.37(1) 4. Notwithstanding subd. 1., a motorcycle, moped, motor bicycle, or bicycle facing a red signal at an intersection may, after stopping as required under subd. 1. for not less than 45 seconds, proceed cautiously through the intersection before the signal turns green IF NO OTHER VEHICLES ARE PRESENT AT THE INTERSECTION TO ACTUATE THE SIGNAL AND THE OPERATOR OF THE MOTORCYCLE, MOPED, MOTOR BICYCLE, OR BICYCLE REASONABLY BELIEVES THE SIGNAL IS VEHICLE ACTUATED. [emphasis added] The operator of a motorcycle, moped, motor bicycle, or bicycle proceeding through a red signal under this subdivision shall yield the right-of-way to any vehicular traffic, pedestrian, bicyclist, or rider of an electric personal assistive mobility device proceeding through a green signal at the intersection or lawfully within a crosswalk or using the intersection. This subdivision does not affect any authorization for a bicyclist under subd. 2. *************************************************************** On 11 Apr 2007 at 14:04, Ross, Arthur wrote: Here is my response to Matt's comments and questions. Unfortunately, laws are rarely written so they are not subject to different interpretations. I guess that's why we have a court system. Until there is case law on this, or at least until police start issuing citations for violations, my understanding and interpretation of the intent and language of this law is not to prevent motorcyclists, bicyclists, et al from ever having to wait more than 45 seconds for red signal to turn green. Rather, it is to ensure that they do not have to wait longer than other traffic has to wait. Signal cycles are rarely as short as 45 seconds. 60 - 90 is more normal, and 120's can exist. For a motor/bi-cyclist to legally take advantage of this law, in my opinion, the cyclist needs to believe that the intersection is vehicle actuated (as opposed to fixed time) and that there has been no detection by any means to give the signal control unit the message to bring up the green for the side street. If you see a pedestrian push the walk button, th at is detection and you know the signal will change next time around and you cannot proceed on the red. If there is a pavement marking indicating where bicyclists should ride or position themselves to be detected, there is the expectation that you will be detected and you have to wait for the green. If there is a push button specifically for bicyclists, as at Jenifer at Williamson, you have to push the button and wait for the green. Etc. This is my interpretation and recommendation for behavior. If you want to hold a different interpretation, that's up to you to discuss with a police officer, judge, city attorney, or jury if you get a ticket. In terms of the cars being behind bicyclists at an intersection, detection usually occurs (at least in Madison) on the approach to the intersection, not at the intersection. Arthur Arthur Ross, Pedestrian-Bicycle Coordinator City of Madison Traffic Engineering Division 215 Martin Luther King Jr. Blvd, Suite 100 PO Box 2986 Madison, WI 53701-2986 608/266-6225
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