I'm not a lawyer, but I know that bicycles count as "vehicles" under traffic laws. So I was surprised to see the "self-propelled" in 939.22(44). Perhaps Wisconsin defines "vehicle" differently in different parts of the law?
---- Matt Logan <[EMAIL PROTECTED]> wrote: > I was reading a story about a woman who left her car with keys in the > ignition (a violation of MGO 12.128(1): Prohibiting Operators From > Leaving Keys in Parked Motor Vehicles. ), whose car was then driven away > by another woman. The thief was charged with "operating a motor vehicle > without owner's consent" which seems to be covered by WSS 943.23(2) & > 943.23(3) > > The question I am pondering is: does the phrase "any vehicle" in this > section apply to bicycles? > > "Vehicle" is defined in this section of the statutes to be: > > 939.22(44) "Vehicle" means any self-propelled device for moving persons > or property or pulling implements from one place to another, whether > such device is operated on land, rails, water, or in the air. > > So it seems to come down to the interpretation of "self-propelled" - > which I assume rules out vehicles powered exclusively by human power. > Lawyers, am I correct? > > > Why is this relevant to bikies? It turns out that violation of > 943.23(2) or 943.23(3) is a felony, which is the threshold that the > Madison Police Department uses to determine whether a crime gets the > "self-report form" treatment (usually no investigation), or is actively > investigated. Currently, unless a bicycle is worth more than $2500( the > general threshold for a felony theft under WSS), the MPD will usually > not do anything but ask for a self-report form if you report the bicycle > as stolen. > > So for comparison, based on my current understanding: > > If someone who just bought a used car off a friend for $100 has their > car taken and driven without the owner's consent: Felony - police can > actively investigate. > > If someone takes a $169 pocket motorcycle and rides away with it without > the owner's consent: Felony - police can actively investigate. > http://www.minipocketrockets.com/ > > If someone takes a $699 moped and rides away without the owner's > consent: Felony - police can actively investigate. > http://www.scooterdepot.us/50cc-Gas-Moped-Scooter-p-436.html > > If someone takes a $852 Phantom 3 Wheel Scooter and rides away with it > without the owner's consent: Felony - police can actively investigate. > http://tinyurl.com/6eygz3 > > If someone takes a $2499.95 Cervelo P2 Carbon (Ultegra) bicycle and > rides away with it without the owner's consent: Misdemeanor - The police > tell you to go file a self-report form. Good luck ever seeing your bike > again. > http://tinyurl.com/58gllj > > > > - Matt > > > > > > _______________________________________________ > Bikies mailing list > [email protected] > http://www.danenet.org/mailman/listinfo/bikies _______________________________________________ Bikies mailing list [email protected] http://www.danenet.org/mailman/listinfo/bikies
