Thread: Bike v. Police
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Old 08-14-10 | 10:35 AM
  #126  
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BianchiDave
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Bikes: 2000 LeMond Buenos Aires / 1996 LeMond Alpe d'Huez / 2009 Scott Scale 60

Originally Posted by GamblerGORD53
@ BianchiDave
I think you have a pretty good viewpoint of these and other situations. Why aren't you using your officer knowledge to
point out the Law in any jurisdiction that states it is Illegal for slow vehicles to block, speed-up or otherwise make passing difficult ?
Because every state is different and I can only answer for the statues / laws I know and use which are CFR (which is federal and has nothing to do with cycling and very little with traffic at that) and Wisconsin where I’m located which would be chapter 346 “rules of the road” in the Wi statues.
346.02 Applicability of chapter.
(4) APPLICABILITY TO PERSONS RIDING BICYCLES AND MOTOR
BICYCLES. (a) Subject to the special provisions applicable to
bicycles, every person riding a bicycle upon a roadway or shoulder
of a highway is granted all the rights and is subject to all the
duties which this chapter grants or applies to the operator of a
vehicle, except those provisions which by their express terms
apply only to motor vehicles or which by their very nature would
have no application to bicycles. For purposes of this chapter, provisions
which apply to bicycles also apply to motor bicycles,
except as otherwise expressly provided.
(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.

Illegal for slow vehicles to block;
346.59 Minimum speed regulation. (1) No person shall
drive a motor vehicle at a speed so slow as to impede the normal
and reasonable movement of traffic except when reduced speed
is necessary for safe operation or is necessary to comply with the
law.
(2) The operator of a vehicle moving at a speed so slow as to
impede the normal and reasonable movement of traffic shall, if
practicable, yield the roadway to an overtaking vehicle whenever
the operator of the overtaking vehicle gives audible warning with
a warning device and shall move at a reasonably increased speed
or yield the roadway to overtaking vehicles when directed to do
so by a traffic officer.
History: 1977 c. 100.
(b) Any operator of a bicycle or electric personal assistive
mobility device who violates s. 346.59 may be required to forfeit
not more than $10.
History: 1971 c. 278; 1973 c. 182, 218; 1973 c. 333 ss. 174p, 202 (12); 1973 c.
336; 1977 c. 30 ss. 6, 7; 1983 a. 27; 1987 a. 17; 1993 a. 198; 1995 a. 44; 1997 a. 277,
325; 2001 a. 90.

speed-up or otherwise make passing difficult;
346.07 Overtaking and passing on the left. The following
rules govern the overtaking and passing of vehicles proceeding
in the same direction, subject to those limitations, exceptions
and special rules stated in ss. 346.075 (2) and 346.08 to 346.11:
(2) The operator of a vehicle overtaking another vehicle proceeding
in the same direction shall pass to the left thereof at a safe
distance and shall not again drive to the right side of the roadway
until safely clear of the overtaken vehicle.
(3) Except when overtaking and passing on the right is permitted,
the operator of an overtaken vehicle shall give way to the
right in favor of the overtaking vehicle on audible signal and shall
not increase the speed of the vehicle until completely passed by
the overtaking vehicle.
History: 1971 c. 208; 1985 a. 301 s. 4; 1991 a. 316; 1997 a. 32.
346.075 Overtaking and passing bicycles, electric personal
assistive mobility devices, and motor buses.
(1) The operator of a motor vehicle overtaking a bicycle or electric
personal assistive mobility device proceeding in the same
direction shall exercise due care, leaving a safe distance, but in no
case less than 3 feet clearance when passing the bicycle or electric
personal assistive mobility device, and shall maintain clearance
until safely past the overtaken bicycle or electric personal assistive
mobility device.
(2) Except as provided in s. 346.48, if the operator of a motor
vehicle overtakes a motor bus which is stopped at an intersection
on the right side of the roadway and is receiving or discharging
passengers, the operator shall pass at a safe distance to the left of
the motor bus and shall not turn to the right in front of the motor
bus at that intersection.
History: 1973 c. 182; 1977 c. 208; 1985 a. 301; 2001 a. 90.

Extra;
346.04 Obedience to traffic officers, signs and signals;
fleeing from officer. (1) No person shall fail or refuse
to comply with any lawful order, signal or direction of a traffic
officer.(2) No operator of a vehicle shall disobey the instructions of
any official traffic sign or signal unless otherwise directed by a
traffic officer.
(2t) No operator of a vehicle, after having received a visible
or audible signal to stop his or her vehicle from a traffic officer or
marked police vehicle, shall knowingly resist the traffic officer by
failing to stop his or her vehicle as promptly as safety reasonably
permits.
(3) No operator of a vehicle, after having received a visual or
audible signal from a traffic officer, or marked police vehicle,
shall knowingly flee or attempt to elude any traffic officer by willful
or wanton disregard of such signal so as to interfere with or
endanger the operation of the police vehicle, or the traffic officer
or other vehicles or pedestrians, nor shall the operator increase the
speed of the operator’s vehicle or extinguish the lights of the
vehicle in an attempt to elude or flee.
(4) Subsection (2t) is not an included offense of sub. (3), but
a person may not be convicted of violating both subs. (2t) and (3)
for acts arising out of the same incident or occurrence.
346.09 Limitations on overtaking on left or driving on
left side of roadway. (1) Upon any roadway where traffic is
permitted to move in both directions simultaneously, the operator
of a vehicle shall not drive to the left side of the center of the roadway
in overtaking and passing another vehicle proceeding in the
same direction unless such left side is clearly visible and is free of
oncoming traffic for a sufficient distance ahead to permit such
overtaking and passing to be done in safety. In no case when overtaking
and passing on a roadway divided into 4 or more clearly
indicated lanes shall the operator of a vehicle drive to the left of
the pavement marking indicating allocation of lanes to vehicles
moving in the opposite direction or, in the absence of such marking,
to the left of the center of the roadway. In no case shall the
operator of a vehicle drive in a lane when signs or signals indicate
that such lane is allocated exclusively to vehicles moving in the
opposite direction.
(2) Upon any roadway where traffic is permitted to move in
both directions simultaneously, the operator of a vehicle shall not
drive on the left side of the center of the roadway upon any part
of a grade or upon a curve in the roadway where the operator’s
view is obstructed for such a distance as to create a hazard in the
event another vehicle might approach from the opposite direction.
(3) The operator of a vehicle shall not drive on the left side of
the center of a roadway on any portion thereof which has been designated
a no−passing zone, either by signs or by a yellow unbroken
line on the pavement on the right−hand side of and adjacent
to the center line of the roadway, provided such signs or lines
would be clearly visible to an ordinarily observant person.

346.37 Traffic−control signal legend.
(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.
2. 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.
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.

http://www.legis.state.wi.us/statutes/Stat0346.pdf
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