one could argue that non-fixed-gear bikes are self-propelled on downhills :-) But, so is anything that is roundish and has potential energy. The self-propelled part should be taken out of the wording of the law, or there'll have to be a court case/decision to have an interpretation to define the law more precisely.
---------------------------------------- > Date: Thu, 31 Jul 2008 12:56:37 -0500 > From: [EMAIL PROTECTED] > To: [EMAIL PROTECTED]; [email protected] > Subject: Re: [Bikies] Lawyers: Does WSS 943.23(2)&(3) apply to bicycles? > CC: > > 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 _________________________________________________________________ Keep your kids safer online with Windows Live Family Safety. http://www.windowslive.com/family_safety/overview.html?ocid=TXT_TAGLM_WL_family_safety_072008_______________________________________________ Bikies mailing list [email protected] http://www.danenet.org/mailman/listinfo/bikies
