346.24 History
History: 1985 a. 69;
2001 a. 90.
346.24 Annotation
The duties of drivers and pedestrians under ss. 346.23 and 346.24 are discussed and compared. Schoenauer v. Wendinger,
49 Wis. 2d 415,
182 N.W.2d 441 (1971).
346.25
346.25
Crossing at place other than crosswalk. Every pedestrian, bicyclist, or rider of an electric personal assistive mobility device crossing a roadway at any point other than within a marked or unmarked crosswalk shall yield the right-of-way to all vehicles upon the roadway.
346.25 History
History: 1985 a. 69;
2001 a. 90.
346.25 Annotation
Section 891.44 provides an exception to this section and the standard instruction is not to be given when the pedestrian is a child under 7. Thoreson v. Milwaukee & Suburban Transport Corp.
56 Wis. 2d 231,
201 N.W.2d 745 (1972).
346.25 Annotation
This section does not apply to bicyclists operating on the roadway and only applies to bicyclists acting as pedestrians by operating on sidewalks and within crosswalks. Chernetski v. American Family Mutual Insurance Co.
183 Wis. 2d 68,
515 N.W.2d 283 (Ct. App. 1994)
346.26
346.26
Blind pedestrian on highway. 346.26(1)
(1) An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian who is carrying a cane or walking stick which is white in color or white trimmed with red and which is held in an extended or raised position or who is using a dog guide and shall take such precautions as may be necessary to avoid accident or injury to the pedestrian. The fact that the pedestrian may be violating any of the laws applicable to pedestrians does not relieve the operator of a vehicle from the duties imposed by this subsection.
346.26(2)
(2) Nothing in this section shall be construed to deprive any totally or partially blind person not carrying the white or the red and white cane or walking stick or not using a dog guide of the rights of other pedestrians crossing highways, nor shall the failure of such totally or partially blind pedestrian to carry such cane or walking stick or to use a dog guide be evidence of any negligence.
346.26(3)
(3) No person who is not totally or partially blind shall carry or use on any street, highway or other public place any cane or walking stick which is white in color, or white trimmed with red.
346.26 History
History: 1977 c. 302.
346.27
346.27
Persons working on highway. The operator of a vehicle shall yield the right-of-way to persons engaged in maintenance or construction work on a highway whenever the operator is notified of their presence by flagmen or warning signs.
346.27 History
History: 1991 a. 316;
1993 a. 490.
346.28
346.28
Pedestrians to walk on left side of highway; pedestrians, bicyclists, and riders of electric personal assistive mobility devices on sidewalks. 346.28(1)
(1) Any pedestrian traveling along and upon a highway other than upon a sidewalk shall travel on and along the left side of the highway and upon meeting a vehicle shall, if practicable, move to the extreme outer limit of the traveled portion of the highway.
346.28(2)
(2) Operators of vehicles shall yield the right-of-way to pedestrians, bicyclists, and riders of electric personal assistive mobility devices on sidewalks as required by
s. 346.47.
346.29
346.29
When standing or loitering in roadway or highway prohibited. 346.29(1)(1) No person shall be on a roadway for the purpose of soliciting a ride from the operator of any vehicle other than a public passenger vehicle.
346.29(2)
(2) No person shall stand or loiter on any roadway other than in a safety zone if such act interferes with the lawful movement of traffic.
346.29(3)
(3) No person shall be on a bridge or approach thereto for the purpose of utilizing such bridge or approach for fishing or swimming when signs have been erected by the authority in charge of maintenance of the highway indicating that fishing or swimming off of such bridge or approach is prohibited.
346.30
346.30
Penalty for violating sections 346.23 to 346.29. 346.30(1)(a)(a) Any pedestrian violating
s. 346.23,
346.24 (2),
346.25,
346.28 or
346.29 may be required to forfeit not less than $2 nor more than $20 for the first offense and not less than $10 nor more than $50 for the 2nd or subsequent conviction within a year.
346.30(1)(b)1.1. Unless otherwise provided in
subd. 2., any operator of a vehicle violating
s. 346.23 or
346.28 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 the 2nd or subsequent conviction within a year.
346.30(1)(b)2.
2. Any operator of a bicycle or electric personal assistive mobility device violating
s. 346.23,
346.24 or
346.25 may be required to forfeit not more than $20.
346.30(2)
(2) Unless otherwise provided in
sub. (1) (b) 2., any person violating
s. 346.24 (1) or
(3) may be required to forfeit not less than $30 nor more than $300.
346.30(3)
(3) Any person violating
s. 346.26 may be required to forfeit not less than $25 nor more than $200 for the first offense and may be required to forfeit not less than $50 nor more than $500 for the 2nd or subsequent conviction within a year.
346.30(4)
(4) Any person violating
s. 346.27 may be required to forfeit not less than $60 nor more than $600.
TURNING AND STOPPING AND REQUIRED SIGNALS
346.31
346.31
Required position and method of turning at intersections. 346.31(1)(1)
Turns indicated by markers. Where state or local authorities have placed markers, buttons or signs within or adjacent to an intersection directing traffic turning at such intersection to follow a particular course, the operator of a vehicle turning at such intersection shall comply with such directions. In the absence of such markers, buttons or signs, the operator of a vehicle intending to turn at an intersection shall do as provided in
subs. (2) to
(4).
346.31(2)
(2) Right turns. Both the approach for a right turn and the right turn shall be made as closely as practicable to the right-hand edge or curb of the roadway. If, because of the size of the vehicle or the nature of the intersecting roadway, the turn cannot be made from the traffic lane next to the right-hand edge of the roadway, the turn shall be made with due regard for all other traffic.
346.31(3)
(3) Left turns. Except as otherwise provided in
sub. (4), left turns at intersections shall be made as follows:
346.31(3)(a)
(a) The approach for a left turn shall be made in that lane farthest to the left which is lawfully available to traffic moving in the direction of travel of the vehicle about to turn left. Unless otherwise marked or posted, this means the lane immediately to the right of the center line or center dividing strip of a 2-way highway and the lane next to the left-hand curb or edge of the roadway of a one-way highway.
346.31(3)(b)
(b) The intersection shall be entered in the lane of approach and, whenever practicable, the left turn shall be made in that portion of the intersection immediately to the left of the center of the intersection. For the purposes of this paragraph, a divided highway intersected by any other highway is considered to be one intersection.
346.31(3)(c)
(c) A left turn shall be completed so as to enter the intersecting highway in that lane farthest to the left which is lawfully available to traffic moving in the direction of the vehicle completing the left turn. Unless otherwise marked or posted, this means the lane immediately to the right of the center line or center dividing strip of a 2-way highway and the lane next to the left-hand curb or edge of the roadway of a one-way highway.
346.31(4)
(4) Left turns on 3-lane highways. On a 2-way highway having an uneven number of lanes the approach for a left turn shall be made in the center lane thereof, unless otherwise posted or marked. A left turn into a 2-way highway having an uneven number of lanes shall be made so as to enter the highway in the lane immediately to the right of the center lane.
346.32
346.32
Required position for turning into private road or driveway. The operator of a vehicle on a highway who intends to turn into a private road or driveway shall make the approach for the turn in the same manner as specified in
s. 346.31 for vehicles making an approach for a right or left turn at an intersection. If, because of the size of the vehicle or the nature of the intersecting private road or driveway, the turn cannot be made from the specified lane of approach, the turn shall be made with due regard for all other traffic.
346.33
346.33
Where turns prohibited, exception. 346.33(1)
(1) The operator of a vehicle shall not turn the vehicle so as to proceed in the opposite direction upon a highway at any of the following places:
346.33(1)(a)
(a) At any intersection at which traffic is being controlled by traffic control signals or by a traffic officer;
346.33(1)(b)
(b) In mid-block on any street in a business district, except where the highway is a divided highway and where the turn is made at an opening or crossover established by the authority in charge of the maintenance of the highway.
346.33(1)(c)
(c) In mid-block on any through highway in a residence district, except where the highway is a divided highway and where the turn is made at an opening or crossover established by the authority in charge of the maintenance of the highway.
346.33(1)(d)
(d) At any place where signs prohibiting such turn have been erected by the authority in charge of the maintenance of the highway.
346.33(2)
(2) The operator of a vehicle shall not back the vehicle into an intersection at which turns are prohibited by
sub. (1) (a) for the purpose of turning the vehicle so as to proceed in the opposite direction upon the highway.
346.33(3)
(3) In this section, "mid-block" means any part of a street or highway other than an intersection.
346.33 History
History: 1971 c. 203;
1991 a. 316.
346.34
346.34
Turning movements and required signals on turning and stopping. 346.34(1)(a)1.
1. Turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in
s. 346.31.
346.34(1)(a)2.
2. Turn a vehicle to enter a private road or driveway unless the vehicle is in proper position on the roadway as required in
s. 346.32.
346.34(1)(a)3.
3. Turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.
346.34(1)(b)
(b) In the event any other traffic may be affected by such movement, no person may so turn any vehicle without giving an appropriate signal in the manner provided in
s. 346.35. When given by the operator of a vehicle other than a bicycle or electric personal assistive mobility device, such signal shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. The operator of a bicycle or electric personal assistive mobility device shall give such signal continuously during not less than the last 50 feet traveled before turning. A signal by the hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electric personal assistive mobility device.
346.34(2)
(2) Stopping. No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in
s. 346.35 to the operator of any vehicle immediately to the rear when there is opportunity to give such signal. This subsection does not apply to the operator of a bicycle approaching an official stop sign or traffic control signal.
346.34 Annotation
When it is impossible to signal for the last 100 feet before turning, the 100 feet requirement does not apply. Betchkal v. Willis,
127 Wis. 2d 177,
378 N.W.2d 684 (1985).
346.35
346.35
Method of giving signals on turning and stopping. Whenever a stop or turn signal is required by
s. 346.34, such signal may in any event be given by a signal lamp or lamps of a type meeting the specifications set forth in
s. 347.15. Except as provided in
s. 347.15 (3m), such signals also may be given by the hand and arm in lieu of or in addition to signals by signal lamp. When given by hand and arm, such signals shall be given from the left side of the vehicle in the following manner and shall indicate as follows:
346.35(1)
(1) Left turn—Hand and arm extended horizontally.
346.35(2)
(2) Right turn—Hand and arm extended upward.
346.35(3)
(3) Stop or decrease speed—Hand and arm extended downward.
346.36
346.36
Penalty for violating sections 346.31 to 346.35. 346.36(1)(1) Unless otherwise provided in
sub. (2), any person violating
ss. 346.31 to
346.35 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 the 2nd or subsequent conviction within a year.
346.36(2)
(2) Any operator of a bicycle or electric personal assistive mobility device violating
ss. 346.31 to
346.35 may be required to forfeit not more than $20.
TRAFFIC SIGNS, SIGNALS AND MARKINGS
346.37
346.37
Traffic-control signal legend. 346.37(1)
(1) Whenever traffic is controlled by traffic control signals exhibiting different colored lights successively, or with arrows, the following colors shall be used and shall indicate and apply to operators of vehicles and pedestrians as follows:
346.37(1)(a)1.1. Vehicular traffic facing a green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn, but vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
346.37(1)(a)2.
2. Pedestrians, and persons who are riding bicycles or electric personal assistive mobility devices in a manner which is consistent with the safe use of the crosswalk by pedestrians, facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
346.37(1)(b)
(b)
Yellow. When shown with or following the green, traffic facing a yellow signal shall stop before entering the intersection unless so close to it that a stop may not be made in safety.
346.37(1)(c)1.1. 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.
346.37(1)(c)2.
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.
346.37(1)(c)3.
3. Vehicular traffic facing a red signal at an intersection may, after stopping as required under
subd. 1., cautiously enter the intersection to make a right turn into the nearest lawfully available lane for traffic moving to the right or to turn left from a one-way highway into the nearest lawfully available lane of a one-way highway on which vehicular traffic travels to the left. No turn may be made on a red signal if lanes of moving traffic are crossed or if a sign at the intersection prohibits a turn. In making a turn on a red signal vehicular traffic shall yield the right-of-way to pedestrians, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection.
346.37(1)(d)1.1. Vehicular traffic facing a green arrow signal may enter the intersection only to make the movement indicated by the arrow but shall yield the right-of-way to pedestrians, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. When the green arrow signal indicates a right or left turn traffic shall cautiously enter the intersection.
346.37(1)(d)2.
2. No pedestrian, bicyclist, or rider of 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.
346.37(2)
(2) In the event an official traffic signal is erected and maintained at a place other than an intersection, the provisions of this section are applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
346.38
346.38
Pedestrian control signals. Whenever special pedestrian control signals exhibiting the words "Walk" or "Don't Walk" are in place, such signals indicate as follows:
346.38(1)
(1) Walk. A pedestrian, or a person riding a bicycle or electric personal assistive mobility device in a manner which is consistent with the safe use of the crossing by pedestrians, facing a "Walk" signal may proceed across the roadway or other vehicular crossing in the direction of the signal and the operators of all vehicles shall yield the right-of-way to the pedestrian, bicyclist, or electric personal assistive mobility device rider.
346.38(2)
(2) Don't walk. No pedestrian, bicyclist, or rider of an electric personal assistive mobility device may start to cross the roadway or other vehicular crossing in the direction of a "Don't Walk" signal, but any pedestrian, bicyclist, or rider of an electric personal assistive mobility device who has partially completed crossing on the "Walk" signal may proceed to a sidewalk or safety zone while a "Don't Walk" signal is showing.
