On December 30, 2011, popular Wisconsin radio talk show host Jay Weber, WISN 1130 AM, talked about the recently passed law in Illinois which allows motorcyclists to proceed through a red light which fails to change to a green light within a reasonable period of time. This law became effective as of January 1, 2012. Attorney Michael Hupy contacted Weber to explain that Wisconsin has a similar law. He sent Weber information about Wisconsin’s law, which became effective on October 1, 2006. Weber did not know of Wisconsin’s red light motorcycle law. He said, “I had no idea, of course, and I don’t know that most riders do. It is a good, common sense law.”

After reviewing the materials he received from Attorney Hupy, Jay Weber explained the laws in Wisconsin and Illinois again to his listeners on his January 3, 2012 show, mentioning Hupy’s name several times. Attorney Michael Hupy helped ABATE of Wisconsin by assisting in the language of SB528 and then lobbying and testifying for its passage. SB528 was part of 2005WisconsinAct 466. Weber acknowledged Hupy’s role in getting the Wisconsin law passed and thanked him for bringing the details of the law to his attention.

The two state laws differ slightly in that the Wisconsin law (346.37 (1) (c) 4 allows an operator of a motorcycle, moped, motor bicycle or bicycle to proceed through a red light after waiting 45 seconds. The law specifies that the operator must reasonably believe that the light is vehicle actuated (sensor controlled) and shall yield the right-of-way to any vehicular traffic or pedestrians in a crosswalk before proceeding.

The Illinois law allows the driver of a motorcycle to proceed through a red light which fails to change to a green light within a reasonable period of time. The law also amends
§ 11-208.6 (c-6) and §11-306 (c) (3.5) of the Illinois Vehicle Code clarifying that motorcycles are allowed to proceed through a red light after a reasonable period of time and after yielding to oncoming traffic in municipalities with less than 2,000,000 inhabitants and that in those municipalities, including a home rule county, automated traffic law enforcement systems (red light cameras) may not be used to issue violations to motorcyclists proceeding through a red light after waiting a reasonable period of time.
This law does not apply to Chicago, a city of over 2,000,000 inhabitants.

Regarding the Illinois law, Attorney Hupy stated, “I testified at the Wisconsin Senate Committee Hearing regarding this law. I felt 40 seconds would be adequate but the final version of the bill signed by the governor set the waiting period at 45 seconds. Unfortunately, I did not know of the bills pending in Illinois and the desire of some legislators to amend the law to at least 120 seconds. Perhaps I can still convince them that 40-45 seconds is an adequate period of time based on Wisconsin’s experience over the last five years, and on the fact that our law firm represents hundreds of injured bikers every year and I have never heard of an accident involving a biker who turned left on a red light.”