Scary Drivers: Fitchburg

Summary

If you are riding in/near Fitchburg and have an incident with a recent-model Mercury Grand Marquis, burgundy four-door, license plate TUN-175: STAY CALM and do not react in anger. Stop and pull off the road if you must, but attend to your own safety FIRST. Make note of the driver's appearance and proceed to the Fitchburg Police Department (located at the corner of Lacy and Fish Hatchery) to file a report.
A recent confrontation between ths person and a cycling group (see below) was reported in the newspapers . All indications are that this is a not an isolated incident.
The seriousness of the situation compelled representatives from BFW, BTA, and the Dane County Board to address Fitchburg city council, and reported in a Capital Times article. The article is fairly representative of their remarks.

A Recent Incident

submitted by Gene Tolli ,Tue, 12 Sep 2000

Last Tuesday, September 5, a group of ~12 of us were riding East on Whalen Road at about 6:00 p.m. We had just passed Mutchler, and were proceeding up the hill located just east of that road. For the most part we were single file (there is no shoulder on that stretch), although as is common on hills there was some overlap, with stronger riders overtaking weaker ones. So on balance I'd say we were between single and double wide, but no wider.

About halfway up the hill, the only rider in our group equipped with a rear-view mirror shouted a warning. Suddenly a large burgundy four-door car passed us, less than a foot away from my handlebar. The driver proceeded to veer in front of our group, then slowed to a near stop directly in front of us. I will leave you to speculate as to the driver's intent.

I swerved to the car's left to have words with the driver. Almost immediately I recognized Fitchburg Alderman Richard Zach. I grabbed onto the open window sill, told him I recognized him and said I was going to report the incident to the police. Cagey Madison cyclists with good memories will recognize Richard. According to what I have heard, he is the same person who was involved in an incident EXACTLY like this last year (strafe cyclists, pull in front of them and slam on the brakes). At that time Richard claimed victimhood, and lashed out (via the Fitchburg Police, acting on Richard's word) at Madison cyclists. After this latest incident, Richard's claims of innocence must be viewed with a jaundiced eye; indeed, given that his actions this past Tuesday mirror those previously, I believe all of Richard's actions and statements must be examined in a revisionist light. If anyone has a copy of the scathing letter sent to area cyclists by the Fitchburg Police Department, please contact me, I would like to re-read it and will gladly post it here.

I called the Fitchburg Police later that evening, and talked with Officer Paul Deuman. I relayed what had happened, and advised that Richard be issued a written warning and given education concerning the rights of cyclists. Officer Deuman - who mentioned that he is an avid cyclist - seemed genuinely concerned and said he would contact Richard. I have inquired as to the status of Dueman's conversation, and am awaiting a reply.

I live in Fitchburg, and, by coincidence, Richard is my Alderman. I have seen him on our community access television channels (6 and 12), and can easily identify him.

Since it is wise to remind ourselves of Rules of the Road governing traffic and cycling, I have reprinted the most relevant ones below . The remainder can be found at:

http://danenet.wicip.org/bcp/statutes/
I will be giving Richard a call, to ask what his intentions were, and will gladly post his reply once I know more. Since I have included him in this discussion (along with the Fitchburg City Council and Police Department, a number of local news organizations, and several groups of Madsion & national cycling activists): Richard - you are invited and welcome to post a response. Please do so at your convenience.

If any of you would like to talk or write to Richard, his contact information can be found at:

http://www.city.fitchburg.wi.us/elected.html
I believe Richard has displayed a pattern of dangerous hostility toward cyclists; it was only by the slimmest of margins that none of us were harmed or killed. I also believe that it would be a good idea for Richard to be educated about his obligations toward other vehicles generally, and toward cyclists specifically. Fitchburg has made noteworthy efforts recently to reach out to the cycling community, and I would hate to see those efforts undermined by an elected official who views himself as a self-styled highway vigilante.

More incidents

submitted by Gene Tolli, Thu, 14 Sep 2000
Here are three emails sent to me in the last 24 hours. I have not received permission to reproduce these, so I have removed the senders' names. The best one is last, so be sure to read all the way through.
I'm sensing a pattern...
*****

Person 1)
I have some commentary to add regarding last Tuesdays enconter with Richard. I was off the back of the pack, completely disconnected from the group as we climbed up Whalen. Richard veered quickly and sharply toward me as he passed me in a gesture I interpreted as a scare tactic. He was certainly within 3 ft. of me(it felt like <1ft.). He then repeated this as he passed the group. He swung wide and then accelerated towards the pack before abruptly pulling away at the last minute. I realize that he was frustrated, but no matter if we were wrong or right what he did was aggressive and dangerous and he did it on purpose.
******

Person 2)
About 8 weeks ago a group of us were riding south on seminole highway and a burgnundy vehicle travelling in the opposite direction, the only vehilce on the road other than bikes, crossed the centreline and drove directly at us forcing us to make for the shoulder/gravel. the drivers intent was clear, to run us off the road. could this be the same driver ?
******

Person 3)
Action must be taken against this man. I have also had an encounter with Richard Zach. I actually got in contact with his car. I was proceeding down Seminole Highway north of the beltline before the entrance into the arboretum. Those familiar with the area know of the hill and that the bike shoulder all but disappears. As I was descending the hill, I motioned to the car behind me. The driver then proceeded to pass me on the double yellow. A car coming in the opposite direction then forced the driver - Richard Zach back in my lane. As he swerved, he struck me. I managed to stay upright - I pushed off his car - jammed on my brakes and swore at him. I slowed and tucked in right behind him thinking myself lucky but it was still not over. He slammed on his brakes causing me to almost rear end him. Again, I managed to get around him this time on the right side but again it was not over. I was almost hit by the drivers side door as he flung it open. It was obvious from the moment that he passed me that he did not care if he hit me.

In conversations I have had with Jason Williams (Fitchburg Common Council), Jason mentioned that Richard Zach has also run an off-duty police officer who was on a bike off the road. I also know for a fact that Richard Zach caused a group of GDVC riders to go down after running them off the road. Why is this man on the road?
******

Relevant Statutes
346.075(1) The operator of a motor vehicle overtaking a bicycle 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 and shall maintain clearance until safely past the overtaken bicycle.
346.80(3)(a) Persons riding bicycles upon a roadway may ride 2 abreast if such operation does not impede the normal and reasonable movement of traffic. Bicycle operators riding 2 abreast on a 2-lane or more roadway shall ride within a single lane.
346.80(3)(b) Persons riding bicycles upon a roadway may not ride more than 2 abreast except upon any path, trail, lane or other way set aside for the exclusive use of bicycles.
346.02(4)(a) 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 [rules of the road] 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. For purposes of this chapter, provisions which apply to bicycles also apply to motor bicycles, except as otherwise expressly provided.
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