Polish legal experts clarify how motorcycle event organizers can navigate new regulations requiring municipal notification for vehicle presentations.
New Regulations and Media Concerns
Recent weeks have seen media coverage generating anxiety about regulatory amendments that seemingly target automotive enthusiasts. As legal advisor Marek Śmigaj notes, publications often “escalate emotions and provoke readers to maintain the myth that the end of automotive life is near.”
Key Requirements of Article 65ja
A crucial element of the new regulations is Article 65ja of the Road Traffic Act, which states that: “A gathering of owners, possessors or users of motor vehicles on an open or publicly accessible space, whose purpose is to present motor vehicles in a number greater than 10, particularly modifications made to them, requires prior notification to the municipal authority.”
However, it must be emphasized that this obligation arises only when presentation is the purpose of the meeting; if not, there is no requirement to report.
Motorcycle Gatherings Are Not Vehicle Presentations
Marek Śmigaj draws attention to the lack of a precise definition of “vehicle presentation” in the law, forcing reference to a dictionary, which defines it as “a show intended to demonstrate and familiarize someone with the vehicles shown.” In the context of motorcyclists, this is crucial because “the purpose of most meetings where motorcyclists participate on their machines is not the presentation of these machines,” but rather tourist trips, recreational outings or rallies of a cultural or historical nature.
Moreover, according to the expert, “there is no purpose of presenting vehicles in a traditional motorcycle parade, whose purpose in itself is the joint ride of motorcyclists, which is a source of an extraordinary experience for participants,” especially since their organizers usually do not plan for the presence of spectators.
Regulation Intent vs. Unintended Consequences
Analysis of the justification for the amendment indicates that the legislature introduced these changes “to prevent potentially dangerous behaviors consisting of presenting modifications made to vehicles that increase their power (performance),” which often end in illegal races or drifting. Unfortunately, the unfortunate drafting of the regulations has meant that “with the legal uncertainty of poorly drafted regulations, enthusiasts of authentic automotive have been hit ricochet,” including persons organizing vintage vehicle exhibitions.
For such entities, the new requirements are particularly burdensome, as “the regulations require fulfilling a series of difficult and costly requirements” arising from the Assembly Law, which may effectively discourage legal activities.
How Motorcyclists Should Report Their Events
In practice, motorcycle event organizers should now pay particular attention to precisely formulating event documentation. Śmigaj advises: “in invitations and regulations of motorcycle events, let’s define the purposes of these events in such a way that among these purposes there is nothing that could be recognized as a presentation of motorcycles.”
It is important to understand that “unintended presentation of motorcycles, as it were, on the occasion of other purposes of the meeting, should not be considered as the purpose of such a meeting,” so enthusiasts can still enjoy the sight of their colleagues’ machines, as long as it is not the main, organized intention of the rally.
Key Takeaways for Enthusiasts
In conclusion, although the new law is controversial, not every motorcycle gathering needs to be reported to the municipality. The expert reminds, however, that in addition to the new regulations, “there existed and still exists a legal obligation to report rides that impede the use of public roads,” which is a separate matter from vehicle presentations.
The key to safely organizing events is a strict interpretation of the regulations and avoiding in regulations phrases suggesting that the main task of the meeting is to show off machines, which will allow avoiding strict sanctions and complicated procedures.
