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Cyclists lobby for vulnerable user law with tougher penalties for motorists

Posted by Tom Held on Feb. 22, 2012

cycling

A slight Freudian slip by Kevin Hardman, executive director of the Bicycle Federation of Wisconsin, suggested that cycling advocates stormed the castle in Madison on Tuesday.

They didn’t.

They did, however, lobby legislators in the Capitol to pass a law that creates tougher penalties for motorists who commit traffic violations that injure or kill vulnerable roadway users, including bicyclists.

Pedestrians, emergency responders, motorcycle riders, in-line skaters and farmers driving farm equipment also would be among those covered by the bill introduced in the State Senate earlier this month.

In some circumstances, a traffic offense that harms or kills a vulnerable user would be elevated to a felony, punishable by $10,000 fines and up to six years in prison. (click here for the full text)

Three states have similar laws in place and the legislation passed the Maryland State Senate in 2011.

The measure in Wisconsin is intended to provide prosecutors with an option beyond the traffic tickets that have been issued in crashes that killed bicyclists in recent years.

Kyle Dieringer, for example, pleaded no contest in January and paid $400 in fines for failing to yield a three-foot safe passing distance in a crash that killed Jeff Littmann and severely injured Lauren Jensen. The local athletes were out on a training ride on Wisconsin Ave. in Nashotah on Oct. 1, 2010.

Citing cases like that, cycling advocates made the same push for a vulnerable user law at the federation’s annual Bike Summit in 2011.

“These laws are intended to protect vulnerable roadway users and to appropriately and fairly punish those who harm them through reckless or careless behavior,” according to the Bike Fed message.

Getting the bill introduced represents progress, Hardman said, after the lobbying effort on Tuesday, part of the 2012 Bike Summit.

He was hopeful that the proposed law would receive a hearing before the end of the legislative session next month, but expects no action until the next session.

Cyclists also asked legislators to restore the $2.5 million in state transportation funding for bike lanes and other enhancements. The state dollars were pulled from the 2011-’13 biennial budget, leaving only federal funds available for bike and pedestrian projects.

That source of funding is uncertain.

The federal transportation bill introduced in the House eliminates $1.2 billion directed to states for Transportation Enhancements and Safe Routes to Schools. Wisconsin received $9.5 million annually from those two funds.

Rep. Thomas Petri, a Republican from Fond du Lac, bucked his party’s leadership and pushed an amendment to restore the enhancement and safe routes dollars during a committee vote last month.

He came up two votes short, but earned a Bike Hero Award and a standing ovation at the close of the summit.

“We’re in the midst of a fight,” Petri told the crowd, in a ballroom across from the Capitol. “I’m trying to find the highest common denominator, not the lowest.

“We need to do everything we can to build active lifestyles. It’s good for the economy, good for health, and it’s fun too.”

Petri said the House version of the transportation bill has stalled, leaving open the prospect that the bike and pedestrian funds would be restored.

“We’re in the midst of a fight,” he said. “It’s not over. It’s just begun.”

Based on Hardman’s report of successes, the Bike Fed appears ready for that fight.

Revenue for the non-profit organization is projected to reach nearly $1.4 million in 2012, and it now has 10 full-time staffers, a paid lobbyist and ambassadors spread throughout the state. Nearly 400 people showed up for the fourth annual Bike Summit.

For 2012, the organization will expand the Wisconsin Bike Challenge nationally, work to improve its brand and convince more of the 548,000 self-identified bicyclists in the state the Bike Fed.

That would provide more bodies to lobby the “castle” next year.

85 Comments for "Cyclists lobby for vulnerable user law with tougher penalties for motorists"

  1. BikerRon

    It is not illegal for adult cyclists to ride on sidewalks if the local government permits it!

    Southpaw7 Feb 22, 2012 8:26 AM

  2. Milwaukee Murph. Milwaukee police officers are allowed to ride on the sidewalk. The list of bicycling rules, and exceptions to the rules, may be found here: http://city.milwaukee.gov/ImageLibrary/User/milbtf/ch102.pdf

    ChronicWhiner Feb 22, 2012 8:32 AM

  3. quasar, you are supposed to walk on the wrong side of the road when a sidewalk is not present. I'm always confused on how so many people have this wrong... Cited sources. WI DOT website. http://www.dot.wisconsin.gov/safety/motorist/pedestrians/rules.htm

    "Walk on and along the left side of a highway when not walking on a sidewalk. Note: This law does not apply to bicycles. Bicycles operate under the same laws as other legal vehicles on the road and should always stay on the right side of the road."

    AVMusicLover Feb 22, 2012 8:32 AM

  4. It's pretty hard to make progress in this state for pedestrian / bicycling laws when more than half of the people out there are drastically uninformed as to the current laws.... Heck, most of the posts on here already are from people thinking that pedestrians/bicyclists are breaking the law (by not biking on sidewalks, walking against traffic) when in fact they are following it.

    AVMusicLover Feb 22, 2012 8:40 AM

  5. All of you car drivers, and I am one too, of course, claim that cyclists break the law all the time. What about you? Never speed? Always come to a complete stop at stop signs? Never go through a yellow, turning to red light? Never, ever, driving distracted? (Kids, food, phone, GPS, radio?)

    Just an observation from a long time cyclist. Do those of you in Whitefish Bay wonder why cyclists are always on Lake Drive? Just look at the side streets where there are 4-way stop signs at every corner because cars will not stay under the speed limit while driving through the neighborhood, not where you live, of course. It would make more sense for all of us, vehicle and bicycle drivers, if those stop signs would be replaced with Yield signs.

    BikerRon70 Feb 22, 2012 8:44 AM

  6. I'm not sure this really accomplishes much. Nobody driving on some country road is thinking 'Ya know, the penalty for running over this guy up ahead on a bike isn't very harsh, I think I'll toast him'. That being the case it isn't going to 'prevent' anything, but it will allow DAs to pile on charges when someone makes a horrible, tragic mistake.

    load_warrior1 Feb 22, 2012 8:46 AM

  7. Did you even read the whole thing??Umm, that's exactly what I said... There were no sidewalks!! How would I have to stop behind the person walking and wait for space to proceed if they were following what you posted.

    "Walk on and along the left side of a highway when not walking on a sidewalk. Note: This law does not apply to bicycles. Bicycles operate under the same laws as other legal vehicles on the road and should always stay on the right side of the road."

    quasar3210 Feb 22, 2012 8:48 AM

  8. Did you even read the whole thing??Umm, that's exactly what I said... There were no sidewalks!! How would I have to stop behind the person walking and wait for space to proceed if they were following what you posted.

    "Walk on and along the left side of a highway when not walking on a sidewalk. Note: This law does not apply to bicycles. Bicycles operate under the same laws as other legal vehicles on the road and should always stay on the right side of the road."

    quasar3210 Feb 22, 2012 8:48 AM

  9. if Im behind the person walking, they sure aren't walking against traffic, they were walking WITH traffic.

    quasar3210 Feb 22, 2012 8:49 AM

  10. Never did I say cars don't break the law too. My only point is the laws need to be equal...Period.

    quasar3210 Feb 22, 2012 8:54 AM

  11. If the laws are equal, period, and fines are accessed, there will be no budget problems because the overwhelming majority of law breakers are vehicle drivers.

    BikerRon70 Feb 22, 2012 9:01 AM

  12. Anyone who drives down Watertown Road in Brookfield into Pewaukee knows what I mean when I call those lane-obstructing jerks biking. They don't even move over into the far left side of the road to let traffic pass them. I say get them all off the main roads and let them bike in designated areas or roads. They are arrogant and an obstruction to safety!!!!!

    dflagstaff Feb 22, 2012 9:12 AM

  13. This is a good example of someone who doesn't know the laws. Move to the LEFT???

    BikerRon70 Feb 22, 2012 9:27 AM

  14. Drivers everywhere need more frequent education--none of us stay as updated as we really ought to be in terms of law changes, for example.

    The state needs revenue and jobs.

    Why not institute a policy that all drivers need to take a simple, computer-based test every five years and a road test every decade after the age of 60?

    That way, the idiots can't keep their licenses and the State can be the bad guy instead of me having to tell my old man that it is time for him to give me the keys to the Buick.

    Just some food for thought.

    dalemeyer Feb 22, 2012 9:35 AM

  15. excellent idea!!!!

    EllenRipley Feb 22, 2012 9:38 AM

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