Mike Barrett wrote <The law as per Madison ordinance has a clear prohibition against impeding traffic (which a bicyclist is): 10.23 OBSTRUCTION OF STREETS AND SIDEWALKS. . . . >
Madison General Ordinance 10.23 is not a traffic law. It deals with the occupancy of streets and sidewalks by non-traffic related uses such as construction equipment and materials, placing rubbish, leaves, etc. in the street, shoveling snow from driveways or sidewalks into the street, etc. It has nothing to do with traffic (except that the intent of the laws in Chapter 10 is to ensure that traffic on the streets and sidewalks is not unduly impeded). Traffic laws (the Vehicle Code) is chapter 12 of Madison General Ordinances and Chapters 346 of the state statutes. Unfortunately, I do not think there is a general "Due Care" law in Wisconsin, nor any law regarding opening a car door into traffic. My recollection is that these were laws that the Governor's Advisory Bicycle Council had included in the early drafts of the bicycle law update that was passed, with the BFW's assistance, in 1995, but these were taken out of the bill that was finally introduce to the State Legislature due to the objections of some key legislators. Those involved in promoting the changes at that time did not want to jeopardize the entire bill over these issues (and there were a few other things that were taken out of early drafts for the same reason). The recommended changes that led to the changes adopted in 1995 were based on the Uniform Vehicle Code. I don't have a current version of the Uniform Vehicle Code (a national model / recommendation for state and local traffic laws), but the 1987 version that I have included the following 11-1105 Opening and closing vehicle doors No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. 11-504 Drivers to exercise due care Notwithstanding other provisions of this chapter or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person. 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 _______________________________________________ Bikies mailing list [email protected] http://www.danenet.org/mailman/listinfo/bikies
