Wow, crazy. Thanks for clarifying.
Note the loophole: For all of you people riding bicycles with 12"
wheels, it's not a vehicle, so you can count as a pedestrian. I'm just
imagining adults on clown bikes or tricycles or bigwheels or something
riding to work in their business casual attire. Fantastic!
Peter
On Aug 25, 2009, at 11:00 AM, Ross, Arthur wrote:
Good question, and another situation where you need to look at more
than section of the law to understand. It counts as a street, see
below. We have detector loops in the path (you can see the cuts in
the path for the loop wires) that are sensitive to bikes approaching
from each direction, so please wait for the green there, it will
come up.
The rationale for the bike path being a street is: A street is
defined as any public way open to vehicular traffic. A bicycle is
defined as a vehicle. Ergo a bike path is a street on which
motorized traffic is prohibited. Here are the specific legal
definitions.
340.01 Words and phrases defined. In s. 23.33 and chs. 340 to 349
and 351, the following words and phrases have the designated
meanings unless a different meaning is expressly provided or the
context clearly indicates a different meaning:
(64) “Street” means every highway within the corporate limits of
a city or village except alleys.
(22) “Highway” means all public ways and thoroughfares and
bridges on the same. It includes the entire width between the
boundary lines of every way open to the use of the public as a
matter of right for the purposes of vehicular travel. It includes
those roads or driveways in the state, county or municipal parks and
in state forests which have been opened to the use of the public for
the purpose of vehicular travel and roads or driveways upon the
grounds of public schools, as defined in s. 115.01 (1), and
institutions
under the jurisdiction of the county board of supervisors, but does
not include private roads or driveways as defined in sub. (46).
(5) “Bicycle” means every vehicle propelled by the feet acting
upon pedals and having wheels any 2 of which are not less than 14
inches in diameter.
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: Peter Hart-Brinson [mailto:[email protected]]
Sent: Tuesday, August 25, 2009 10:44 AM
To: Ross, Arthur
Cc: India Rose Viola; [email protected]; [email protected]; [email protected]
; [email protected]
Subject: Re: [Bikies] Bike Law Question- Clarification
What do bike paths count as? Say, for example, the crossing of Willy
St. at Riverside (the Yahara River)?
Peter
On Aug 25, 2009, at 10:33 AM, Ross, Arthur wrote:
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
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