Rick and Matt asked questions about why the moped parking language was changed and the timing of the applicability of the new laws with respect to winter coming and using studded tires.
The moped language was change at the request of the City of Madison to ensure we had the flexibility we want to be able to restrict moped parking where it is problematic in Madison. Re studded bicycle tires, I would not be concerned about the effective date of the revised laws. As I indicated in an earlier post on this subject, the way I read the existing state statutes, studded tires are not currently illegal for bicycles. I view the proposed new language on studded tires simply as insurance against those enforcement agencies that don't properly understand that you often have to read several sections of the laws together to understand what they really mean. On 19 Aug 2011 at 16:51, Ross, Arthur wrote: The section of the state statutes that prohibits studded tires does not apply to bicycles. In fact, the entire Wisconsin State Statures chapter 347 Equipment of Vehicles does not apply to bicycles unless bicycles are specifically mentioned in a particular section. For example there is section 347.489 Lamps and other equipment on bicycles, motor bicycles, and electric personal assistive mobility devices which obviously does apply to bicycles. The section prohibiting studded tires [347.45] does not mention bicycles, so it does not apply to us in my read of the law. - - 347.02 Applicability of chapter. (1) No provision of this chapter requiring vehicles to be equipped in a particular manner is applicable to any of the following vehicles unless the vehicle is expressly included within or made subject to the particular provision: (a) Farm tractors and self−propelled farm implements. (b) Implements of husbandry. (c) Vehicles drawn by animals. (d) Road machinery. (e) Bicycles. (g) Motor bicycles. (h) Golf carts operated in accordance with s. 349.18 (1) (b) or (c). (i) Electric personal assistive mobility devices. (j) Lightweight utility vehicles, as defined in s. 346.94 (21) (a) 2. 347.45. starts with a list of the vehicle types it does apply to, which includes items (a) through (d) of the list in 347.02, but not items (e) through (j) on applicability that says the chapter does not apply to. Since bicycles is in the list in 347.02 and not in the list in 347.45, this is a good indication that 347.45 does not apply to bicycles 347.45 Tire equipment (2) No person shall operate on a highway any vehicle, including farm tractors, self−propelled farm implements, implements of husbandry, animal−drawn vehicles and road machinery, if such vehicle has on the periphery of any of its tires any block, stud, flange, cleat, spike or other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire 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 _______________________________________________ Bikies mailing list [email protected] http://lists.danenet.org/listinfo.cgi/bikies-danenet.org
