LRB-1145/1
EVM:bjk:rs
2009 - 2010 LEGISLATURE
February 17, 2009 - Introduced by Representatives Black, Sherman, Mason,
Berceau, Pope-Roberts, Pocan, Zepnick, A. Williams and Ballweg,
cosponsored by Senators Risser, Miller, Lehman and
Hansen. Referred to
Committee on Transportation.
AB59,1,3
1An Act to repeal 346.80 (2) (c);
to amend 346.95 (1); and
to create 346.94 (20)
2of the statutes;
relating to: passing parked motor vehicles and opening motor
3vehicle doors on highways and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, any person operating a bicycle or electric personal assistive
mobility device (EPAMD) upon a roadway must exercise due care when passing a
parked vehicle or a vehicle proceeding in the same direction, allowing a minimum of
three feet between the bicycle or EPAMD and the vehicle and giving an audible signal
when passing a bicycle or EPAMD proceeding in the same direction. This bill
eliminates this requirement.
This bill also prohibits any person from opening any door of a motor vehicle
located on a highway without first taking due precaution to ensure that his or her
act will not interfere with the movement of traffic or endanger any other person or
vehicle. A person who violates this prohibition may be required to forfeit not less
than $20 nor more than $40 for the first offense and not less than $50 nor more than
$100 for any subsequent conviction within a year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB59, s. 1
4Section
1. 346.80 (2) (c) of the statutes is repealed.
AB59, s. 2
1Section
2. 346.94 (20) of the statutes is created to read:
AB59,2,52
346.94
(20) Opening motor vehicle door on highway. No person may open any
3door of a motor vehicle located on a highway without first taking due precaution to
4ensure that his or her act will not interfere with the movement of traffic or endanger
5any other person or vehicle.
AB59, s. 3
6Section
3. 346.95 (1) of the statutes is amended to read:
AB59,2,107
346.95
(1) Any person violating s. 346.87, 346.88, 346.89 (2), 346.90 to 346.92
8or 346.94 (1), (9), (10), (11), (12)
or, (15)
, or (20) may be required to forfeit not less than
9$20 nor more than $40 for the first offense and not less than $50 nor more than $100
10for the 2nd or subsequent conviction within a year.
