Peter asked <What relation does this law have to section 346.37 (1)(c)(2) in the Wisconsin statutes, which states in relation to red lights: "No pedestrian, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic" ???>
section 346.37 (1)(c)(2) relates to bicyclists operating on sidewalks and crossing the street at a crosswalk, not to bicyclists on the street. While this might not be clear to someone just reading this statute, you often have to read two or more sections of the statutes together to fully understand the meaning and/or situation. Section 346.02(4)(b) makes it clear that 346.37 (1)(c)(2) applies to bicyclist on sidewalks. 346.02 Applicability of chapter. (4) APPLICABILITY TO PERSONS RIDING BICYCLES AND MOTOR BICYCLES. (b) Provisions which apply to the operation of bicycles in crosswalks under ss. 346.23, 346.24, 346.37 (1) (a) 2., (c) 2 and (d) 2. and 346.38 do not apply to motor bicycles. The section India asked about was added a couple of years ago at the request of motorcycle operators. Bicyclists were added to gain support for the change. Basically, it allows bicyclists, motorcyclists, etc. to legally cross against a red if the signal is traffic actuated and the actuation system does not pick us bicyclists. This does not give bicyclists carte blanc to run red signals after stopping. Here is the complete text, in context. Bicyclists on the street follow 346.37(1)(c)1, 3 and 4 346.37 Traffic−control signal legend. (1) Whenever traffic is controlled by traffic control signals exhibiting different colored lights successively, or with arrows, the following colors shall be used and shall indicate and apply to operators of vehicles and pedestrians as follows: (c) Red. 1. Vehicular traffic facing a red signal shall stop before entering the crosswalk on the near side of an intersection, or if none, then before entering the intersection or at such other point as may be indicated by a clearly visible sign or marking and shall remain standing until green or other signal permitting movement is shown. 3. Vehicular traffic facing a red signal at an intersection may, after stopping as required under subd. 1., cautiously enter the intersection to make a right turn into the nearest lawfully available lane for traffic moving to the right or to turn left from a one−way highway into the nearest lawfully available lane of a one−way highway on which vehicular traffic travels to the left. No turn may be made on a red signal if lanes of moving traffic are crossed or if a sign at the intersection prohibits a turn. In making a turn on a red signal vehicular traffic shall yield the right−of−way to pedestrians, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. 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. 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. 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 ________________________________ From: [email protected] [mailto:[email protected]] On Behalf Of Peter Hart-Brinson Sent: Tuesday, August 25, 2009 9:45 AM To: India Rose Viola Cc: [email protected]; [email protected]; [email protected]; [email protected] Subject: Re: [Bikies] Bike Law Question- Clarification What relation does this law have to section 346.37 (1)(c)(2) in the Wisconsin statutes, which states in relation to red lights: "No pedestrian, bicyclist, or rider of an electric personal assistive mobility device facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic" ??? This is the law that I thought India was referencing. Peter On Aug 24, 2009, at 12:49 PM, India Rose Viola wrote: Thanks Mark. If I am going to be breaking a rule, I want to know which rule I'm breaking. Summary: After stopping at a red light, WI cyclists have to wait 45 seconds to see if the light is going to change. After 45 seconds, as long as we think the light won't change unless a car trips the sensor, we are permitted to proceed. -India ----- Original Message ----- From: Mark Clear <[email protected]<mailto:[email protected]>> Date: Monday, August 24, 2009 12:41 pm Subject: Re: [Bikies] Bike Law Question- Clarification To: India Rose Viola <[email protected]<mailto:[email protected]>> Cc: [email protected]<mailto:[email protected]> Source: http://www.dot.wisconsin.gov/safety/vehicle/bicycle/docs/bikelaws.pdf "...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. 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." I believe this was added to the state vehicle code in 2006. Mark C. On 8/24/2009 12:36 PM India Rose Viola wrote: I have always been under the impression that bicyclists in Madison are required to come to a full stop at an intersection with a red light, but are then permitted to proceed before the light turns green if there is no cross traffic. Upon searching for this in the state and local statutes, I can't find anything that gives bicycles this privilege. Anyone else have evidence to the contrary? I am not looking for a debate on this- I just want to know if I risk being ticketed if I choose to proceed at a red light once I've come to a full stop and have made certain that there is no cross traffic. Thanks, India _______________________________________________ Bikies mailing list [email protected]<mailto:[email protected]> http://lists.danenet.org/listinfo.cgi/bikies-danenet.org _______________________________________________ Bikies mailing list [email protected]<mailto:[email protected]> http://lists.danenet.org/listinfo.cgi/bikies-danenet.org
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