LRB-0770/1
EVM:emw
2017 - 2018 LEGISLATURE
March 9, 2018 - Introduced by Representatives Genrich, Kolste, Ohnstad,
Sinicki, Berceau, Subeck, Sargent and Vruwink, cosponsored by Senators
Hansen and Larson. Referred to Committee on Transportation.
AB1007,1,4 1An Act to amend 346.23 (1), 346.23 (2), 346.24 (1), 346.24 (2), 346.37 (1) (a) 1.,
2346.37 (1) (c) 3., 346.37 (1) (c) 4., 346.37 (1) (d) 1. and 346.37 (1) (e) 1. of the
3statutes; relating to: requiring vehicles to stop for pedestrians at certain
4intersections and crosswalks.
Analysis by the Legislative Reference Bureau
This bill requires a vehicle operator to stop his or her vehicle and remain
stopped until a pedestrian crossing at a crosswalk has completed crossing the
roadway.
Under current law, the operator of a vehicle is required to yield the
right-of-way to a pedestrian, personal delivery device, bicyclist, or rider of a
personal assistive mobility device that is crossing a highway at an intersection or
crosswalk controlled by a traffic signal on a green or “walk" signal or that is crossing
a highway at an intersection or crosswalk not controlled by a traffic signal within a
marked or unmarked crosswalk. “Yield the right-of-way to a pedestrian" is defined
to mean that the operator of a vehicle must reduce speed, or stop if necessary, to avoid
endangering, colliding with, or interfering with pedestrian travel.
This bill requires that, under these circumstances, rather than yield, the
vehicle operator must stop the vehicle and remain stopped until the pedestrian,

personal delivery device, bicyclist, or rider of a personal assistive mobility device has
completed crossing the roadway.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1007,1 1Section 1. 346.23 (1) of the statutes, as affected by 2017 Wisconsin Act 13, is
2amended to read:
AB1007,3,33 346.23 (1) At an intersection or crosswalk where traffic is controlled by traffic
4control signals or by a traffic officer, the operator of a vehicle shall yield the
5right-of-way to
stop the vehicle when a pedestrian or personal delivery device, or to
6a person who is riding a bicycle or electric personal assistive mobility device in a
7manner which that is consistent with the safe use of the crosswalk by pedestrians,
8that has started to cross the highway on a green signal or a pedestrian signal
9authorizing crossing and in and shall remain stopped until the pedestrian, personal
10delivery device, bicyclist, or rider of an electric personal assistive mobility device has
11completed crossing the roadway. In
all other cases, pedestrians, bicyclists, and riders
12of electric personal assistive mobility devices shall yield, and personal delivery
13device operators shall ensure that personal delivery devices yield, the right-of-way
14to vehicles lawfully proceeding directly ahead on a green signal. No The operator of
15a vehicle proceeding ahead on a green signal may begin a and preparing to turn at
16a controlled intersection or crosswalk when where a pedestrian, personal delivery
17device, bicyclist, or rider of an electric personal assistive mobility device is crossing
18in the crosswalk on a green signal or a pedestrian signal authorizing crossing would
19be endangered or interfered with in any way
shall stop the vehicle and shall remain
20stopped until the pedestrian, personal delivery device, bicyclist, or rider of an electric
21personal assistive mobility device has complete crossing the roadway
. The rules

1stated in this subsection are modified at intersections or crosswalks on divided
2highways or highways provided with safety zones in the manner and to the extent
3stated in sub. (2).
AB1007,2 4Section 2. 346.23 (2) of the statutes, as affected by 2017 Wisconsin Act 13, is
5amended to read:
AB1007,3,166 346.23 (2) At intersections or crosswalks on divided highways or highways
7provided with safety zones where traffic is controlled by traffic control signals or by
8a traffic officer, the operator of a vehicle shall yield the right-of-way to stop the
9vehicle when
a pedestrian, personal delivery device, bicyclist, or rider of an electric
10personal assistive mobility device that has started to cross the roadway either from
11the near curb or shoulder or from the center dividing strip or a safety zone with the
12green signal or a pedestrian signal authorizing crossing in the favor of the
13pedestrian, personal delivery device, bicyclist, or rider of an electric personal
14assistive mobility device and shall remain stopped until the pedestrian, personal
15delivery device, bicyclist, or rider of an electric personal assistive mobility device has
16completed crossing the roadway
.
AB1007,3 17Section 3. 346.24 (1) of the statutes, as affected by 2017 Wisconsin Act 13, is
18amended to read:
AB1007,4,219 346.24 (1) At an intersection or crosswalk where traffic is not controlled by
20traffic control signals or by a traffic officer, the operator of a vehicle shall yield the
21right-of-way to
stop the vehicle when a pedestrian or personal delivery device, or to
22a person riding a bicycle or electric personal assistive mobility device in a manner
23which that is consistent with the safe use of the crosswalk by pedestrians, that is
24crossing the highway within a marked or unmarked crosswalk and shall remain

1stopped until the pedestrian, personal delivery device, bicyclist, or rider of an electric
2personal assistive mobility device has completed crossing the roadway
.
AB1007,4 3Section 4. 346.24 (2) of the statutes, as affected by 2017 Wisconsin Act 13, is
4amended to read:
AB1007,4,95 346.24 (2) No pedestrian, personal delivery device, bicyclist, or rider of an
6electric personal assistive mobility device may suddenly leave, and no personal
7delivery device operator may allow a personal delivery device to suddenly leave, a
8curb or other place of safety and walk, run, or ride into the path of a vehicle which
9is so close that it is difficult for the operator of the vehicle to yield stop.
AB1007,5 10Section 5. 346.37 (1) (a) 1. of the statutes is amended to read:
AB1007,4,1511 346.37 (1) (a) 1. Vehicular traffic facing a green signal may proceed straight
12through, make a U-turn, or turn right or left unless a sign at such place prohibits
13the turning maneuver, but, subject to s. 346.23, vehicular traffic shall yield the
14right-of-way to other vehicles and to pedestrians lawfully within the intersection or
15an adjacent crosswalk at the time the signal is exhibited.
AB1007,6 16Section 6. 346.37 (1) (c) 3. of the statutes, as affected by 2017 Wisconsin Act
1713
, is amended to read:
AB1007,5,818 346.37 (1) (c) 3. Vehicular traffic facing a red signal at an intersection may, after
19stopping as required under subd. 1., cautiously enter the intersection to make a right
20turn into the nearest lawfully available lane for traffic moving to the right or to turn
21left from a one-way highway into the nearest lawfully available lane of a one-way
22highway on which vehicular traffic travels to the left. Vehicular traffic in the leftmost
23right-turn lane of a roadway that provides 2 right-turn lanes may make a right turn
24on a red signal into a lawfully available lane that is 2nd to the rightmost lane for
25traffic moving to the right. Except for a vehicle turning right from the leftmost

1right-turn lane of a roadway that provides 2 right-turn lanes, no turn may be made
2on a red signal if lanes of moving traffic are crossed. No turn may be made on a red
3signal if a sign at the intersection prohibits the turn on a red signal. In Subject to
4s. 346.23, in
making a turn on a red signal, vehicular traffic shall yield the
5right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of
6electric personal assistive mobility devices lawfully within a crosswalk, to operators
7of vehicles making a lawful U-turn, and to other traffic lawfully using the
8intersection.
AB1007,7 9Section 7. 346.37 (1) (c) 4. of the statutes, as affected by 2017 Wisconsin Act
1013
, is amended to read:
AB1007,5,2211 346.37 (1) (c) 4. Notwithstanding subd. 1., a motorcycle, moped, motor bicycle,
12or bicycle facing a red signal at an intersection may, after stopping as required under
13subd. 1. for not less than 45 seconds, proceed cautiously through the intersection
14before the signal turns green if no other vehicles are present at the intersection to
15actuate the signal and the operator of the motorcycle, moped, motor bicycle, or bicycle
16reasonably believes the signal is vehicle actuated. The Subject to s. 346.23, the
17operator of a motorcycle, moped, motor bicycle, or bicycle proceeding through a red
18signal under this subdivision shall yield the right-of-way to any vehicular traffic,
19pedestrian, personal delivery device, bicyclist, or rider of an electric personal
20assistive mobility device proceeding through a green signal at the intersection or
21lawfully within a crosswalk or using the intersection. This subdivision does not
22affect any authorization for a bicyclist under subd. 2.
AB1007,8 23Section 8. 346.37 (1) (d) 1. of the statutes, as affected by 2017 Wisconsin Act
2413
, is amended to read:
AB1007,6,7
1346.37 (1) (d) 1. Vehicular traffic facing a green arrow signal may enter the
2intersection to make the movement indicated by the arrow but, subject to s. 346.23,
3shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and
4riders of electric personal assistive mobility devices lawfully within a crosswalk and
5to other traffic lawfully using the intersection. Vehicular traffic facing a left turn
6arrow may make a U-turn unless a sign prohibits U-turns. When the green arrow
7signal indicates a right or left turn, traffic shall cautiously enter the intersection.
AB1007,9 8Section 9. 346.37 (1) (e) 1. of the statutes, as affected by 2017 Wisconsin Act
913
, is amended to read:
AB1007,6,1510 346.37 (1) (e) 1. Vehicular traffic facing a flashing yellow arrow signal may
11cautiously enter the intersection to make the movement indicated by the arrow but,
12subject to s. 346.23,
shall yield the right-of-way to pedestrians, personal delivery
13devices, bicyclists, and riders of electric personal assistive mobility devices lawfully
14within a crosswalk and to other traffic lawfully using the intersection. Vehicular
15traffic facing a left turn arrow may make a U-turn unless a sign prohibits U-turns.
AB1007,10 16Section 10. Initial applicability.
AB1007,6,2117 (1) This act first applies to offenses committed on the effective date of this
18subsection but does not preclude the counting of other convictions as prior
19convictions for purposes of sentencing by a court, administrative action by the
20department of transportation, or suspension or revocation of motor vehicle operating
21privileges.
AB1007,6,2222 (End)
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