22 Relating to: passing parked motor vehicles and opening motor vehicle doors on highways and providing a penalty.

Date of enactment: June 8, 2009
2009 Senate Bill 29 Date of publication*: June 22, 2009

* Section 991.11, Wisconsin Statutes 2007-08 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

2009 WISCONSIN ACT 22

An Act to amend 346.80 (2) (c); and to create 346.94 (20) and 346.95 (10) of the statutes; relating to: passing parked motor vehicles and opening motor vehicle doors on highways and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1m . 346.80 (2) (c) of the statutes is amended to read:

346.80 (2) (c) Any person operating a bicycle or electric personal assistive mobility device upon a roadway shall exercise due care when passing a standing or parked vehicle or a vehicle proceeding in the same direction , allowing and, when passing a standing or parked vehicle that is a school bus that is not displaying flashing red warning lights as provided in s. 346.48 (1) or a motor bus, shall allow a minimum of 3 feet between the bicycle or electric personal assistive mobility device and the vehicle , and shall give an audible signal when passing a bicycle or electric personal assistive mobility device rider proceeding in the same direction .

Section 2 . 346.94 (20) of the statutes is created to read:

346.94 (20) Opening motor vehicle door on highway. (a) No person may open 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.

(b) The operator of a motor vehicle located on a highway may not permit any person under 16 years of age to open any door of the motor vehicle without the operator first taking due precaution to ensure that opening the door will not interfere with the movement of traffic or endanger any other person or vehicle.

Section 4m . 346.95 (10) of the statutes is created to read:

346.95 (10) (a) Any person who violates s. 346.94 (20) (b) and any person 16 years of age or older who violates s. 346.94 (20) (a) 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.

(b) No forfeiture may be assessed for a violation of s. 346.94 (20) (a) if the violator is less than 16 years of age when the offense occurs.