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The Wisconsin law regarding riding two abreast states that it is
legal to ride two abreast as long as the rider is not impeding
the normal and reasonable movement of traffic. In a legal
statute, each word carries important meaning. For example
"normal and reasonable" can be a potential defense. If a car is
only behind two bicyclists for a very short time at a very busy
intersection and would not have been able to go any faster, then
the bikers are not impeding normal and reasonable
movement. Another consideration is whether the vehicles on the
road including the bicycles had sufficient time to get up to
speed. Another defense is that a driver may not pass a bicyclist
unless the driver has a minimum of three feet clearance.
Therefore, if there are two bicyclists next to each other and
the driver couldn't pass the biker on the right with at least
three feet clearance, the driver cannot pass either of the
bikers until it is safe, so the bikers are not impedeing
traffic. Finally, this statute by its plain language does not
apply unless the bikers are riding two abreast. While not
defined in the statute, the dictionary definition of abreast is:
"Beside one another with bodies in line." Therefore, if a
bicyclist is behind another bicyclist but slightly off to the
side, they are not riding two abreast and this statute should
not apply. Note however, that bicyclists generally must ride as
far to the right as is safe and practicable under the
circumstances existing in that particular place of the road.
While this statute allows riding two abreast under certain
circumstances, all bicyslists should always ride in a safe
manner, and should always be courteous to all drivers on the
road whether or not the bikers have a "right" to ride a certain
way. Even if it is legal to ride two abreast under certain
cirucumstances, it is always a kind gesture to tighten up into
single file whenever safe to do so. Bicyle Injury Lawyer Clayton Griessmeyer represented a Madison bicyclist pro-bono when charged with riding two abreast. The case was won at trial. Wis. Stat. 346.80 (3) (a). “Persons riding bicycles or electric personal assistive mobility devices upon a roadway may ride 2 abreast if such operation does not impede the normal and reasonable movement of traffic. Bicycle or electric personal assistive mobility device operators riding 2 abreast on a 2-lane or more roadway shall ride within a single lane.” |
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