Below is a summary of Wisconsin bicycle laws. Click here for California bicycle laws.

Wisconsin 3 foot law

Does Wisconsin have a three foot bicycle law? Yes. This is a law that is intended to protect people who ride bicycles. The law requires people who drive motor vehicles to give an absolute minimum of three feet space when overtaking a person on a bicycle. If a person driving a motor vehicle cannot give at least three feet space, the person should wait to pass. Wisconsin also has a separate law that allows people who drive motor vehicles to cross a double yellow center line to pass a person riding a bicycle. If you are a person who was riding a bicycle and was struck from behind by the driver of a motor vehicle, it is a certainty the driver of the motor vehicle violated the three foot law. Wis. Stat. §346.075 (Wisconsin 3 foot law), requires that: the operator of a motor vehicle overtaking a bicycle or electric personal assistive mobility device proceeding in the same direction shall exercise due care, leaving a safe distance, but in no case less than 3 feet clearance when passing the bicycle or electric personal assistive mobility device, and shall maintain clearance until safely past the overtaken bicycle or electric personal assistive mobility device. Attorney Griessmeyer has represented numerous people who were injured while riding bicycles and struck from behind by motor vehicles including multiple jury trials where the person on the bicycle won.

Riding a Bicycle Two Abreast in Wisconsin is legal

Is it legal for bicyclists to ride two abreast in Wisconsin? Yes. Wis. Stat. 346.80 (3) (a) allows people to ride bicycles two abreast if the people are not impeding the normal and reasonable movement of traffic. People on bicycles are “traffic,” so if the people are riding about the same speed as traffic they are not violating the law. If a person in 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 people on bikes 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 consideration 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 person on the right with at least three feet clearance, the driver cannot pass either of the bikers until it is safe, so the people on bikes are not impeding traffic. Finally, this statute by its plain language does not apply unless the people on bikes 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. Attorney Griessmeyer won a trial for a young woman cited by the police for allegedly riding two abreast.

Wisconsin Dooring Law

Does Wisconsin have a bicycle dooring law? Yes. Who is at fault when a person opens a door and a person riding a bicycle gets hit by the door and hurt? The person who opened the door. Wis. Stat. 346.94 (20) requires a person who is opening the door to a motor vehicle on a highway to first take due precaution and “ensure” that his or her act will not interfere with the movement of traffic (people riding bicycles are part of “traffic,”), OR endanger any other person or vehicle (bicycles are vehicles). Interestingly, people who drive motor vehicles in certain European countries are taught to open the door of their vehicle with their right hand vs. left because it forces the person to look over their left shoulder in the direction of oncoming bicyclists. It’s called the “Dutch Reach.” If the driver of the motor vehicle is sitting on the right portion of the car they use their left hand to open the door. Attorney Griessmeyer has represented numerous bicyclists who were injured by people carelessly opening doors including a person who was hurt so badly by the driver of a semi truck that the person on riding the bicycle had to have surgery due to getting “doored,” by the semi driver.

Wisconsin Bicycle Helmet Laws

Can you ride a bike in Wisconsin without a helmet? Yes. The State of Wisconsin does not have a helmet law for people who ride bicycles. Therefore, there is nothing unlawful about any person choosing to ride a bicycle (or moped for that matter) without a helmet. Even though there is no legal requirement, lawyers who work for insurance companies try to get evidence of a lack of helmet before a judge or jury to try to blame the victim/person hurt riding without a helmet. As most people know, there is a high level of vitriol towards people who ride bicycles and people tend to get even more angry at a person who chooses to ride without a helmet. You will notice this in the media when a person driving a motor vehicle is drunk, speeding, and crosses the center line and strikes a person riding a bike and people ask if the person riding the bike was wearing a helmet. There is a specific law in Wisconsin that prohibits evidence relating to use of a helmet for motorcycles, all terrain vehicles, and snowmobiles, see Wis. Stat. 901.053. Additionally, Wis. Stat. 895.049 holds that failure to wear a helmet shall not reduce recovery for injuries or damages by the person or their legal representative in any civil action. This means the insurance lawyer cannot argue that because a person did not wear a helmet that they are partially or wholly at fault for their injuries. Even though it is common sense that a helmeted head is likely better off than a non-helmeted head, like everything else in life there are interesting exceptions including things such as studies showing drivers give more space to people riding without a helmet, some injuries can be caused by the helmet catching the road, and mandatory helmet laws cause some people who would have ridden a bicycle to drive a car instead leading to negative health consequences. Attorney Griessmeyer has represented numerous bicyclists who were injured and were not wearing a bicycle helmet including a person who suffered permanent brain injury.

Wisconsin Texting Law

Can you text while riding a bicycle in Wisconsin? Yes. Wisconsin’s texting law refers to the operator of a motor vehicle. Therefore it does not apply to a person riding bicycle (unless it has a motor). Wisconsin’s texting law is very poorly written and seldomly enforced. It holds: “No person may drive, as defined in s. 343.305 (1) (b), any motor vehicle while composing or sending an electronic text message or an electronic mail message.” Oddly enough, the law only prohibits composing or sending and not reading. Due to the common occurrence of phone use behind the wheel, Attorney Griessmeyer often subpoenas the defendant driver of motor vehicle’s phone records in cases where people riding bicycles get hurt. It is also common for insurance lawyers to request similar type information from the person riding the bicycle. Attorney Griessmeyer has had multiple jury trials where he used subpoenaed phone records to prove to the jury that the driver of the motor vehicle was using his phone at or just before the crash.

Bicycling on sidewalks in Wisconsin

Can you ride a bike on the sidewalk in Wisconsin? Sometimes yes, sometimes no. Wisconsin state law prohibits operating a bicycle on a sidewalk unless “local authorities” permit it. See Wis. Stat. 346.94 (1). (1) “Driving on sidewalk. Except as authorized in s. 23.33 (4) (f) or when the sidewalk is an all-terrain vehicle route, as defined in s. 23.33 (1) (c) or an off-highway motorcycle route, as defined in s. 23.335 (1) (u), the operator of a vehicle may not drive upon any sidewalk area except at a permanent or temporarily established driveway unless permitted to do so by the local authorities.” In reality, most municipalities allow young children/small bicycles on sidewalks. Certain cities, such as Madison, allow people to ride bicycles on the sidewalk under certain circumstances. Madison Ordinance 12.76 holds: “(1) No person shall ride a bicycle on the sidewalk where a building abuts the sidewalk. Bicycle riding on sidewalks is permitted, except as prohibited in this subsection and otherwise regulated in this chapter.” Attorney Griessmeyer settled a bicycle case with an insurance company for over $10,000 even though the person who was riding a bicycle on a sidewalk when injured was cited by the police for riding on the sidewalk. Wisconsin has a law that deals with “comparative fault,” and means that even if one person is at fault, the other person can also be at fault. Therefore, just because someone is riding on the sidewalk when the law prohibits it, it does not mean there is no case. Even though it is illegal to driver over the maximum speed limit or two turn left before it is safe, when people driving motor vehicles do these things and cause injury to people riding bicycles, the insurance lawyers still blame the person riding the bicycle.

Drunk bicycling in Wisconsin.

Can you get a dui on a bike in Wisconsin? No, unless there is a motor. Bicyclists often inquire whether a Wisconsin bicyclist could be cited for biking under the influence. Police can cite people for whatever they feel is appropriate. However, if there is no legal basis for the charge, then the prosecutor should dismiss the charge after review. Here is a brief analysis of a hypothetical Wisconsin DUI charge involving a bicycle: Is There a Violation of Wisconsin Law? Wisconsin Statute §346.63 holds in relevant part: No person may drive or operate a motor vehicle while under the influence or with a prohibited alcohol concentration. To convict a person of this offense, prosecutors generally must prove: 1. That a person operated a motor vehicle in an unsafe manner as a result of alcohol or unlawful controlled substance use, or 2. That a person had a .08 or higher BAC at the time of operation. Does a Bicycle Fall Within The OWI Statue? “Motor vehicle” is defined in §340.01 (35) as a vehicle which is self-propelled, except a vehicle operated exclusively on a rail. “Self Propelled” is not defined in the Wisconsin Statutes. "Bicycle" is defined as “Every vehicle propelled by the feet acting upon pedals and having wheels any 2 of which are not less than 14 inches in diameter.” “Vehicle” is defined in §939.22(44) as “Any self-propelled device for moving persons or property or pulling implements from one place to another, whether such device is operated on land, rails, water, or in the air. Although not defined in the statutes, the plain meaning of self-propelled is a vehicle that can move by itself-without human power. For example, a car left in drive, or a lawnmower in gear. Moreover, since §346.63 states, “motor vehicle,” under the plain meaning of the statute, a bicycle does not fall within because a bicycle does not have a motor. A “motor bicycle,” defined in §340.01 (30) as a bike to which a power unit has been added or a bike operated by an electric motor, may be a different story.

When a law is unclear, besides looking at the plain meaning of a word or phrase, a court will look to legislative intent. When they enacted the law, did the legislature intend to include bicycles? Since the lawmakers used the word “motor vehicle” it does not appear the legislature intended to include bikes. Unless lawmakers change the law to include bicycles, courts would likely follow the plain meaning of the statute which requires operation of a “motor vehicle.”

What About Refusing to Take a Test? A Wisconsin driver consents to a blood, breath, or urine test by driving a motor vehicle on a highway. See §343.305 (2). Since the implied consent statute refers to motor vehicles, it is unlikely that a bicyclist stopped for suspected BUI would have to consent to a blood or breath test (unless some other law applied). Therefore, if a bicyclist refused to provide a sample of his or her blood, breath, or urine, a court could find that the refusal was reasonable, or that the refusal statute does not even apply.

Motor bicycles fall under different rules. See State v. Koeppen 2014 WI App 94 (Ct Appeals 2014). A man was charged with 5th or 6th offense OWI for operating a motor bicycle. The arresting officer testified the bicycle operator's "feet were dangling off the sides of his bike and not on the pedals," and while on "flat" ground he was accelerating and maneuvering the bike without pedaling. The Circuit Court dismissed the case but the Wisconsin Court of Appeals reversed and held that because a motor bicycle is a motor vehicle within the meaning of Wis. Stat. 346.63 and 340.01 at least when being operated as self propelled rather than pedaled, a charge of OWI is proper under these circumstances.

Wisconsin safe passing of bicyclist law

Can a driver of a motor vehicle cross a double yellow center line to pass a slow moving vehicle? Yes. Driver of motor vehicle can cross double yellow center line in Wisconsin to give space when passing humans on bicycles. Some may chose not to cross the center line for safety reasons, others may think they cannot legally cross the center line. The law in Wisconsin allows crossing the center line depending on speed. "The operator of a vehicle may drive on the left side of the center of a roadway on any portion thereof which has been designated a no-passing zone, as described in par. (a), to overtake and pass, with care, any vehicle traveling at a speed less than half of the applicable speed limit at the place of passing." See Wis. Stat. 346.09 (3) (b).” This would include things like people on bikes, horses pulling people, tractors etc.

Wisconsin Bicycle Brake Law

Do people who ride bikes need to have brakes on their bikes in Wisconsin? Yes. Wisconsin law states that: No person may operate a bicycle, motor bicycle, or electric personal assistive mobility device upon a highway, bicycle lane, or bicycle way unless it is equipped with a brake in good working condition, adequate to control the movement of and to stop the bicycle, motor bicycle, or electric personal assistive mobility device whenever necessary. While the above law makes clear that a Wisconsin bicycle must have a brake, the law does not specify what type of brake.

Right of Way at Crosswalk

Do drivers of motor vehicle’s have to yield to humans walking, jogging or riding bicycles inside crosswalks? Yes. Under Wis. Stat. 346.24 drivers of motor vehicles shall yield the right of way to pedestrians and people on bicycles in crosswalks.

“At an intersection or crosswalk where traffic is not controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to a pedestrian or personal delivery device, or to a person riding a bicycle, electric scooter, or electric personal assistive mobility device in a manner which is consistent with the safe use of the crosswalk by pedestrians, that is crossing the highway within a marked or unmarked crosswalk. No pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device may suddenly leave, and no personal delivery device operator may allow a personal delivery device to suddenly leave, a curb or other place of safety and walk, run, or ride into the path of a vehicle which is so close that it is difficult for the operator of the vehicle to yield.”

Do bicyclists in Wisconsin have to have lights at night? Yes.

No person may operate a bicycle, motor bicycle, or electric personal assistive mobility device upon a highway, sidewalk, bicycle lane, or bicycle way during hours of darkness unless the bicycle, motor bicycle, or electric personal assistive mobility device is equipped with or, with respect to a bicycle or motor bicycle, the operator is wearing, a lamp emitting a white light visible from a distance of at least 500 feet to the front of the bicycle, motor bicycle, or electric personal assistive mobility device. A bicycle, motor bicycle, or electric personal assistive mobility device shall also be equipped with a red reflector that has a diameter of at least 2 inches of surface area or, with respect to an electric personal assistive mobility device, that is a strip of reflective tape that has at least 2 square inches of surface area, on the rear so mounted and maintained as to be visible from all distances from 50 to 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in lieu of the red reflector. Wis. Stat. §347.489

Wisconsin bicycle hand signal laws

Do people riding bikes have to give a signal before turning? Sometimes yes, sometimes no. In the event any other traffic may be affected by the movement, no person may turn any vehicle without giving an appropriate signal in the manner provided in s. 346.35. A person making a U-turn shall use the same signal used to indicate a left turn. When given by the operator of a vehicle other than a bicycle or electric personal assistive mobility device, the 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 the 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. Wis. Stat. §346.34 (1) (b).

Bicycle Lane Right of Way

Do drivers of motor vehicles have to yield to people riding bicycles before entering a bike lane? Yes. Driving on bicycle lane or bicycle way. No operator of a motor vehicle may drive upon a bicycle lane or bicycle way except to enter a driveway, to merge into a bicycle lane before turning at an intersection, or to enter or leave a parking space located adjacent to the bicycle lane or bicycle way. Persons operating a motor vehicle upon a bicycle lane or bicycle way shall yield the right-of-way to all bicycles and electric personal assistive mobility devices within the bicycle lane or bicycle way. Wis. Stat. §346.94 (12).

Bicyclist lane positioning on roadway

Do people riding bicycles have to ride to the far right side of the rode? Sometimes yes, sometimes no. Any person operating a bicycle or electric personal assistive mobility device upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand edge or curb of the unobstructed traveled roadway, including operators who are riding 2 or more abreast where permitted under sub. (3), except: 346.80(2)(a)1.1. When overtaking and passing another vehicle proceeding in the same direction. 346.80(2)(a)2.2. When preparing for a left turn or U-turn at an intersection or a left turn into a private road or driveway. 346.80(2)(a)3.3. When reasonably necessary to avoid unsafe conditions, including fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to ride along the right-hand edge or curb. Wis. Stat. §346.80 (2) (a).

Bicyclist right to use roads.

Do people on bikes have the same right to the road as people who drive cars? Generally yes. Subject to the special provisions applicable to bicycles, every person riding a bicycle upon a roadway or shoulder of a highway is granted all the rights and is subject to all the duties which this chapter grants or applies to the operator of a vehicle, except those provisions which by their express terms apply only to motor vehicles or which by their very nature would have no application to bicycles. Wis. Stat. §346.02 (4) (a).

What are Wisconsin’s E-Bike Laws.

Does Wisconsin have an E-bike/electric bicycle law? 2019 Senate Bill 129 addresses electric bicycle rules in Wisconsin. Under this bill, an electric bicycle is “a bicycle that is equipped with fully
operative pedals for propulsion by human power and an electric motor of less than 750 watts.” Electric bicycles are divided into three classes, as follows:

1. Class 1 electric bicycles provide assistance only when the rider is pedaling
and cease to provide assistance when the bicycle reaches the speed of 20 miles per
hour.

2. Class 2 electric bicycles may be powered solely by the motor and are not
capable of providing assistance when the bicycle reaches the speed of 20 miles per
hour.

3. Class 3 electric bicycles provide assistance only when the rider is pedaling
and cease to provide assistance when the bicycle reaches the speed of 28 miles per
hour.

In general, an electric bicycle is subject to the same rules as other bicycles and
an operator of an electric bicycle is subject to the same rules and is afforded the same
privileges as operators of other bicycles, with some exceptions most of which apply to the class 3 electric bicycles.

Can People Ride E-bikes, Scooters, Skateboards etc. in a Bike Lane in Wisconsin?

A bike lane is a portion of the roadway designated for use of things such as bicycles, electric scooters etc. See 340.01 (5) (e). The governing body of any city, town or village may by ordinance designate a roadway or portion of a bicycle lane and may designate the type and character of vehicles or other modes of travel may be operated on the bicycle way. See Wis. Stat. 349.23. Check your local ordinances to see what is allowed in your city, town, or village.

Can a Person Riding a Bicycle Lawfully Go Through an Intersection when they face a red light?

Yes, under certain circumstances. Wis. Stat. 346.37 (1) (c) (4) allows people riding a bicycle, moped, or motorcycle to go through a red light after first stopping and waiting 45 seconds for the light to change from red to green. If a person goes through after 45 seconds the person must yield to traffic approaching with green light and yield to pedestrians in crosswalks.