Thanks Arthur. I think that clears it up for me. -India
----- Original Message ----- From: "Ross, Arthur" <[email protected]> Date: Tuesday, August 25, 2009 10:33 am Subject: RE: [Bikies] Bike Law Question- Clarification To: 'Peter Hart-Brinson' <[email protected]>, India Rose Viola <[email protected]> Cc: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]> > 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]< > Date: Monday, August 24, 2009 12:41 pm > Subject: Re: [Bikies] Bike Law Question- Clarification > To: India Rose Viola <[email protected]< > Cc: [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]< > http://lists.danenet.org/listinfo.cgi/bikies-danenet.org > > _______________________________________________ > Bikies mailing list > [email protected]< > http://lists.danenet.org/listinfo.cgi/bikies-danenet.org > _______________________________________________ Bikies mailing list [email protected] http://lists.danenet.org/listinfo.cgi/bikies-danenet.org
