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'Dead red' law for motorcyclists not on Wichita's books

  • The Wichita Eagle
  • Published Friday, July 1, 2011, at 12:08 a.m.
  • Updated Friday, July 1, 2011, at 9:24 a.m.

More new laws starting today

Among the other new laws going into effect in Kansas today:

* You can drive faster on parts of the state's major highways beginning today. The speed limit has increased to 75 mph on parts of the Kansas Turnpike, I-35, I-135, I-70, U.S. 69 and U.S. 89.

* Expanding grandparents' rights to take over parenting when their children are deemed unfit parents.

* Increasing the penalty for leaving the scene of an accident.

* Removing price caps on basic phone service (single-line residential and four-line small-business).

* Requiring scrap metal dealers to keep information on customers who sell more than $50 worth of metal.

Across the state this Fourth of July weekend, motorcyclists are declaring their independence from red lights that never change.

But in Wichita, running a frozen red light can still result in a ticket under city ordinance, a police official said.

Today marks the effective date of the so-called "dead red" law, passed by the Kansas Legislature in April. It allows motorcyclists to proceed through an intersection after waiting a reasonable period of time, even if the light is still red.

The new law is aimed at keeping motorcyclists from being stranded at stoplights that won't change because their bikes aren't heavy enough to set off the sensors in the street that control the sequence of the signal.

But Wichita police spokesman Lt. Doug Nolte said the city has not adopted that state law as part of its municipal code.

So as far as Wichita police are concerned, running a red light on a motorcycle is still an offense that can result in a ticket, Nolte said.

However, he added that officers are expected to take a "common sense approach" to enforcement.

"We don't expect them (motorcyclists) to sit at a red light for... 20 minutes," Nolte said. "We have to give people the opportunity to go through."

Nolte said dead reds are a problem he's encountered riding his own motorcycle.

He said he waits until he's sure the signal has gone through its full cycle without sensing his bike and then proceeds carefully through the intersection when he's sure it's clear — which is essentially what the new state law allows.

He said if he ever gets pulled over, "I'll explain it to the officer ... hopefully the officer will be reasonable."

Nolte said it's a diminishing problem with the city's increased use of motion-sensing cameras to trigger signal lights, which are more reliable and easier to maintain.

Mike Benson, a biker who runs a motorcycle repair shop in Hays, said it will be up to both police and riders to act reasonably if the new law is to work.

"You as a rider, you can't just pull up to a light and go," said Benson, who was looking at bikes at Alefs Harley Davidson in Park City on Thursday. "It's a good law, but just like any other law it has to be handled with common sense. It's implied on both parties."

He said he's encountered plenty of dead reds as a rider, including two near his home, which he's had no choice but to proceed through.

"The nervous part of it is you don't want to get a ticket," he said. "But you can't just sit there all day either — especially on days like this when it's hot and you're basically sitting on top of a 300-degree frying pan."

"It's very hot and very annoying, but there's not a lot you can do," added his sister, Coleen Mackey of Colby, who also rides. "You get angry and look around and see if there's any cops so you can go."

Elliot Funk, a rider and Alefs salesman, said it's beyond annoying. He said it's also dangerous to sit still in traffic for an extended period because drivers of cars and trucks might fail to notice a stationary cycle.

"Being able to run it, if it's not picking you up, is probably a good move for safety," he said.

Reach Dion Lefler at 316-268-6527.

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