Off the top of my head, I can't think of a busier street than West
Washington that a bike path crosses in Madison without traffic signals or a
bridge. Shouldn't we be insisting on flashing yellow lights to better alert
cars of the path crossing?

---

Robert F. Nagel, Attorney
Law Offices of Robert Nagel
[email protected]
www.nagel-law.com
Thirty on the Square, 10th Floor
30 W. Mifflin St., Suite 1001
Madison, WI  53703
608-255-1501 office
608-255-1504 fax
608-438-9501 cell


On Sun, Dec 22, 2013 at 5:37 PM, John Rider <[email protected]> wrote:

>  Who should do what at a path/street crossing can be confusing,
> regardless of how it is signed.  On this page is a link to a .PDF document
> "Guide for path/street crossings" that has the DOT's interpretation of who
> should do what according to the various state statutes involved.
> http://www.dot.wisconsin.gov/safety/vehicle/bicycle/guide.htm
>
> As Robert says below, regardless of what the law is, the most important
> thing to do is keep yourself safe.  At some such intersections I will stick
> my wheel out in the crosswalk to reinforce my intent to claim my right of
> way in that crosswalk, but I always give myself an out as to either being
> able to stop, or knowing that I can jam across quickly if the driver of the
> approaching vehicle shows no indication of yielding.  If I am pulling my
> daughter in the trailer, I am probably not going to do that.
>
> As to what Grant said about how fast or slow a bicycle needs to be going
> in order to be "...consistent with...a pedestrian...", realize that joggers
> are considered pedestrians.  So a bicyclist does not need to be crawling
> along or even having to stop before entering the crosswalk, they just need
> to be aware of the speed of any approaching vehicles and remember:  "No
> pedestrian, bicyclist, or rider of an electric personal assistive mobility
> device shall suddenly leave a curb or other place of safety and walk, run,
> or ride into the path of a vehicle which is so close that it is difficult
> for the operator of the vehicle to yield. "   (also from statute 346.24)
>
> Be safe out there,
> John Rider
>
>  -----Original Message-----
> *From:* [email protected] [mailto:
> [email protected]] *On Behalf Of *Robert F. Nagel
> *Sent:* Saturday, December 21, 2013 6:17 PM
> *To:* Grant Foster
> *Cc:* [email protected]
> *Subject:* Re: [Bikies] Updated signage on Cap City
>
>  We are talking about this on a quite sophisticated level here, but I
> think we have a big problem that is not being overlooked or perhaps even
> being aggravated. I don't have the solution, but allow me to put the
> problem on the table:
>
> My 13 year-old daughter is a regular rider of the Greenbush Link and
> Southwest Bike Path, especially between North Shore and Commonwealth. She
> crosses West Washington, and, of course, Monroe and Regent. Monroe and
> Regent is not so much of an issue, since the lights and signs are clear.
> West Washington is a huge issue. All the other crossings are issues as
> well. The summer before last, when she was 12, and first learning how to
> ride this on her own, she darted across West Washington. When I caught my
> breath and stopped yelling at her for that move, I asked her what made her
> think she could do that. She told me that she had been told by what would
> otherwise be a responsible adult that, "The cars have to stop for you." She
> has been reeducated that regardless of what the cars are supposed to do
> (which is not really clear), she is supposed to stop at West Washington. As
> for the lesser streets, she should at least slow down and make sure it's
> safe to cross. Bottom line: I'm not sure what signs are where, but I think
> we have a problem bigger than needing to add or swap some signs here and
> there.
>
> ---
>
>   Robert F. Nagel, Attorney
> Law Offices of Robert Nagel
> [email protected]
> www.nagel-law.com
> Thirty on the Square, 10th Floor
> 30 W. Mifflin St., Suite 1001
> Madison, WI  53703
> 608-255-1501 office
> 608-255-1504 fax
> 608-438-9501 cell
>
>
> On Sat, Dec 21, 2013 at 1:12 PM, Grant Foster <[email protected]> wrote:
>
>> Thanks, Steve. I think we're pretty much in agreement. I don't terribly
>> mind the path-user mini-yield approach, but it does clash with the
>> 'programmer' part of my brain. Pedestrians don't have yield signs at other
>> uncontrolled crosswalks, yet they understand the need to not put themselves
>> in the position of wearing a motor vehicle. I think the point you make
>> about speeds is important and giving fair warning to path users travelling
>> at higher speeds seems like good sense. This is probably most important at
>> high-volume crossings and crossings with poor visibility. I do think the
>> same communication could be accomplished by a 'motor vehicle crossing' type
>> sign. Something like this:
>> http://www.waymarking.com/waymarks/WM4QWG_Car_Crossing_Credit_Valley_Conservation.
>> You get the same awareness for path users without confusing the issue of
>> right-of-way.
>>
>> Part of the dissonance with the yield sign for me is in imagining a
>> four-way yield environment. I don't think I've ever seen one and it just
>> seems confusing. The fact that the law does clearly give right-of-way to
>> traffic in a crosswalk seems at odd with using a yield sign to alert path
>> users to cross traffic. I haven't seen anything in the law related to
>> cyclists only getting "pedestrian rights" if they're travelling at ped
>> speeds, but maybe it's called out somewhere. Here's the reg I'm familiar
>> with:  https://docs.legis.wisconsin.gov/document/statutes/346.24  It
>> does say that the user of the crosswalk must be "riding... in a manner
>> which is consistent with the safe use of the crosswalk by pedestrians." I
>> don't see that defined anywhere, but maybe that's where the ped-speed
>> interpretation comes from.
>>
>> So basically, while I much prefer the yield sign to the stop sign for
>> path users, I think a 'caution' or awareness-raising sign would be more
>> consistent with defined right-of-way and would be as effective to keep path
>> traffic from acting stupidly. But more importantly, I'd like to see more
>> "yield" to crosswalk traffic signs for street users at high-volume
>> crossings.
>>
>> I'd be game in helping on the awareness building campaign you describe as
>> well. Other great locations to do this would be the SWC path at North
>> Shore, W. Washington or Midvale. You can sit through dozens and dozens of
>> motor vehicles before someone yields or, more likely, until there's a gap
>> in the traffic to squeeze through.
>>
>>
>>
>>
>> On Sat, Dec 21, 2013 at 9:37 AM, Steve Arnold <
>> [email protected]> wrote:
>>
>>> On 12/21/2013 8:49 AM, Grant Foster wrote:
>>>
>>>> Has anyone else noticed the new signage on the Cap City path at Jackson?
>>>> There are now mini-Yield signs for path users at the crossing.
>>>> Previously, there was a Stop sign for westbound path traffic and no sign
>>>> for eastbound. I think I saw the mini-Yields at another crossing in this
>>>> stretch (maybe Corry?)
>>>> ...
>>>>
>>>
>>> I've not seen the sign in question, but I approve.  I've argued that
>>> until we get the "Idaho stop" law (bicyclists treat stop signs as yield
>>> signs) in WI, we should
>>> 1.  Use yield signs wherever appropriate (low volumes and good sight
>>> distances) instead of stop signs, and
>>> 2.  Use mini-yield signs instead of mini-stop signs wherever multi-use
>>> paths cross roads, except where there are active signals.
>>>
>>> This policy gives the same effect as the Idaho stop for bicyclists in
>>> those situations, maintaining human-powered momentum, and for case 2, makes
>>> regular motorist behavior (rolling through intersections) legal where it's
>>> safe, saving time, fuel, and pollution.
>>>
>>> This policy has been adopted in Fitchburg, but we only have one yield
>>> intersection for motorists so far.  I've argued that when we need stop
>>> signs for new intersections, we buy yield signs and swap them for existing
>>> stop signs at low volume intersections, e.g., within subdivisions, but we
>>> haven't done that yet.
>>>
>>> When the DNR put new signage along the Badger State Trail this fall
>>> (e.g., "trail crossing ahead"), the mini-yield signs at Marketplace Dr were
>>> replaced by mini-stop signs.  I went over Fitchburg's reasons for the
>>> policy above with the official who directed the change, and the DNR
>>> converted the mini-stop signs back to mini-yield signs at that location.
>>>  (I also argued for mini-yields at Adams Rd, and for keeping stop signs at
>>> the busier crossings at M, Lacy, and PD/McKee, for obvious reasons.)
>>>
>>> <opinion lawyer="no" checkedwithDOT="no">
>>> To your point about crossing behavior, bicyclists only have pedestrian
>>> rights at crosswalks when operating at ped speeds, but by default, bikes
>>> are operated at substantially higher speeds.  So it is correct (but
>>> potentially confusing, I agree) to have yield signs facing *both* the
>>> motorists and the bicyclists where a path crosses a road.  This means:
>>> 1.  If there is a gap, bikes may proceed with caution, otherwise
>>> bicyclists must stop.
>>> 2.  If bicyclists stop, then proceed at pedestrian speeds, motorists
>>> must yield to them.
>>> Bicyclists who blow through such crossings at normal bicycle speeds and
>>> crash with motor vehicles should appropriately be cited for failure to
>>> yield, as bicycles are legal vehicles.
>>> </opinion>
>>>
>>> Now, I agree that the preceding paragraph is way beyond the capability
>>> and/or interest of most motorists and bicyclists to understand or care (You
>>> should not have to be a programmer or lawyer to safely negotiate an
>>> intersection), but the key directive that we all need to be reinforcing is
>>> much simpler:  Motorists must yield to crosswalk users!
>>>
>>> My view is that the most effective way to get this message across is to
>>> invite all the local TV stations to the Badger State Trail crossing at
>>> McKee, and some other busy crossings, for some well-publicized path
>>> crossing enforcement stings.  Next April would be a good month for that, to
>>> prepare motorists for May, national Bicycle Month.
>>> --
>>> Steve Arnold, Fitchburg Alder, District 4, Seat 7
>>> 2530 Targhee Street, Fitchburg, Wisconsin  53711-5491
>>> Telephone +1 608 278 7700 <%2B1%20608%20278%207700> · Facsimile +1 608
>>> 278 7701
>>> [email protected] · http://Arnold.US
>>> Become a supporter: like http://facebook.com/ArnoldforAlder.
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>>
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