| Subject: |
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WI's Roadway Users Responsibility Act: Non-Specific, But Potentially More Severe |
| Name: |
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Bruce Arnold |
| Date Posted: |
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May 11, 06 - 10:58 AM |
| Email: |
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Bruce@LdrLongDistanceRider.com |
| Website: |
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http://www.legis.state.wi.us/2005/data/AB-964.pdf |
| Message: |
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Fellow Freedom Fighters:
First, let me thank Dave Dwyer, Hawk, Dan "Spotman" Spotten, "Miss Red" Huttman, "Madd Ray" Henke and others who knowingly and otherwise provided input and inspiration for the following message...
On Thursday, May 4, 2006 the Wisconsin Assembly passed Bill 964, the "Roadway Users Responsibility Act". All that is needed now is Governor Doyle's signature for it to become law. This bill contains several provisions for which ABATE of Wisconsin (http://www.abatewis.org/) and allied bikers rights activists should be congratulated. The text of the bill with a summary analysis is available here:
http://www.legis.state.wi.us/2005/data/AB-964.pdf
Notable among the bill's provisions are right-of-way violation penalties which--although lacking mandatory minimums and not specific to bikers--are far more severe than the "hand-slap" laws recently passed in Florida and elsewhere. Once this bill becomes law, for example, a careless or clueless cager that kills a Wisconsin biker, bicyclist or pedestrian faces the possibility of a $10,000 fine and/or 9 months in jail, plus a 9 month license suspension. Here are more details:
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Wisconsin Assembly Bill 964
INJURING: [If] a person's failure to yield the right−of−way results in "bodily harm" [as defined by s.939.22(4) below] to another, the person will be guilty of a Class C misdemeanor, and his or her operating privilege will be suspended for 30 days. A Class C misdemeanor is punishable by a fine not to exceed $500, imprisonment not to exceed 30 days, or both.
MAIMING: If the violation results in "great bodily harm" [as defined by s.939.22(14) below] to another, the person will be guilty of a Class B misdemeanor, and his or her operating privilege will be suspended for 90 days. A Class B misdemeanor is punishable by a fine not to exceed $1,000, imprisonment not to exceed 90 days, or both.
KILLING: If the violation results in the death of another, the person will be guilty of a Class A misdemeanor, and his or her operating privilege will be suspended for nine months. A Class A misdemeanor is punishable by a fine not to exceed $10,000, imprisonment not to exceed nine months, or both.
Also, in addition to any penalty provided under current law for a failure−to−yield violation, the court must order a person who commits a failure−to−yield violation to attend a traffic safety school, which must acquaint the person with vehicle right−of−way rules and provide instruction on motorcycle, pedestrian, and bicycle awareness.
This bill [also] requires driver education courses to also include information on motorcycle, pedestrian, and bicycle awareness that is approved by a recognized motorcycle, pedestrian, or bicycle safety and awareness organization.
http://www.legis.state.wi.us/2005/data/AB-964.pdf
Wisconsin Statute 939.22
939.22(4) "Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.
939.22(14) "Great bodily harm" means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
http://www.legis.state.wi.us/statutes/Stat0939.pdf
***
As we previously communicated, "50% Of *ALL* Motorcycle Accidents Are Caused By Inattentional Blindness". Our research in that arena continues to indicate the following:
1. The primary focus of MROs and bikers rights activists everywhere should be MITIGATING INATTENTIONAL BLINDNESS.
2. Broadly enforced and widely advertised laws mandating specific and severe penalties for the maiming or killing of bikers will reduce the impact of INATTENTIONAL BLINDNESS by increasing the expectation of risk, harm or loss cognitively associated with "not seeing" motorcycles. Anything that lessens the specificity or severity of such laws will diminish the intended benefit.
3. Consequently, it stands to reason that any MRO intending to lobby for the establishment or enhancement of Stiffer Penalties laws should target penalty provisions that are not only severe but also SPECIFICALLY AND EXPLICITLY ASSOCIATED WITH THE MAIMING OR KILLING OF BIKERS.
***
The ROW violation penalties contained in Wisconsin's new Roadway Users Responsibility Act may lack mandatory minimums and be non-specific, but if they are applied to the maximum they will certainly be more severe than many. And given its other pro-motorcyclist provisions, once this bill becomes law it will definitely be a step in the right direction.
Well Done, Wisconsin!
Bruce 
Bruce@LdrLongDistanceRider.com
http://www.ldrlongdistancerider.com/ |
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