Polish law now requires organizers to notify authorities of events showcasing more than 10 vehicles to prevent unsafe modifications.
Legal Interpretation
Article 65ja of the amended Road Traffic Act mandates prior notification to the municipal authority for gatherings of owners, possessors, or users of vehicles held in an open or publicly accessible space, attended by over 10 vehicles, specifically to present modifications. The requirement applies by analogy to regulations in Chapter 2 of the Assembly Act of July 24, 2015. The obligation only arises if the meeting’s purpose is vehicle presentation.
The provision generates specific duties and sanctions stipulated within it and other laws, necessitating strict interpretation. Expansive interpretation is impermissible. The legislature did not define “vehicle presentation,” which may cause disputes. Utilizing the Great Dictionary of the Polish Language, “vehicle presentation” is understood as a show demonstrating and acquainting people with the vehicles. The statutory phrase “whose purpose is” denotes intentional action aimed at presenting vehicles.
Exemptions for Rallies
The majority of gatherings involving motorcyclists, such as tourist, recreational trips, rallies, parades, or events commemorating historical occurrences or showcasing regional culture, lack the specific purpose of presenting vehicles. An unintended display of motorcycles as a byproduct of another meeting purpose should not constitute the required purpose. A traditional motorcycle parade, whose inherent goal is a common ride providing participants with a unique experience, does not involve presenting vehicles to spectators.
Practical Implications
For meetings held to present over 10 vehicles, the law mandates prior notification and defers to Chapter 2 of the Assembly Act, which imposes numerous difficult and costly requirements. These requirements are so demanding they discourage many organizers from staging vehicle presentation events. The law aims to counteract unsafe behaviors like displaying illegal vehicle modifications and competitive drifting or racing, but its poorly drafted provisions inadvertently impact enthusiasts of authentic motorcycling, particularly organizers of classic vehicle events.
Recommendations for Organizers
Organizers should clearly define the purpose of motorcycle events in invitations and regulations, ensuring it does not include anything that could be construed as motorcycle presentation. Such presentation should also not occur during the event, though this does not preclude admiring fellow participants’ machines. It is crucial to recall the existing legal requirement to report road-use impeding journeys, which is a separate matter.