I received a letter last week written by the Brookfield City Prosecutor, to the Mayor. It was quite a surprising letter for a number of reasons. First the City Prosecutor refers to two separate incidents in the letter, one of which I didn't even bring to his attention, and he transposes the facts of the two incidents. He also makes assumptions about my reasons for contacting him about the one incident in the first place, many of which are incorrect.
I'm not going to get into all the mis-statements of fact or incorrect assumptions, as that would take to long and be far to boring for readers of this blog.
I will however discuss the most shocking part of the letter. The part where the City of Brookfield's City Prosecutor, in an official correspondence to the Mayor, seems to give tacit approval to drive a car over the posted speed limit.
Mr. Kershek says that, "if a bicyclist is traveling the posted speed limit and the average car is traveling at five miles per hour greater than the posted speed limit, the bicyclist is, by definition traveling at less than the normal speed of traffic under the conditions then existing"
Mr. Kershek goes on to say, "in the interest of safety, it is reasonable to interpret the statute as requiring bicyclist to ride as close to the right hand edge of the road whenever they are not keeping up with traffic, regardless of the speed of traffic. To allow otherwise would create an unsafe situation as cars would have be forced into the oncoming lane of traffic to pass the bicyclist, allowing the required three feet distance between them."
So if a bicyclist is traveling the maximum posted speed limit in Brookfield Wisconsin, they have to make room for motorists who are speeding so the law breaking motorists don't have to slow down to pass?
Does this mean that if all the cars on the road are speeding, I'm allowed to speed on my bicycle to keep up with the flow if traffic?
This interpretation sure seems to raise all kinds of questions. I'll get back to you if I hear any answers.