The Arrive Alive website received an email requesting assistance in answering a few questions from a concerned citizen. The questions raised were in connection with the hosting of a bike rally.
“To Whom it may concern,
I would like to inquire what the ruling is for Motorcycle Rally that is held in a small town with the following questions.
(1) Can the municipality give exemption for Rally goers not to wear Helmets including pillion passengers?
(2) Freedom of the town is granted and the road laws are not adhered to.
(3) Motor Cycle tricks (ie) wheel spins, burnouts and all tricks done in the main street which is a National road?
(4) Noise pollution from reving Bikes.
Can you please let me know should there be an accident who will be held responsible?”
We shared this with our motorcycle safety expert and would like to share his answers:
I think we should look at these questions in the context of the event but in the same way see it in the way it generates income for local businesses (yes, unfortunately at the expense of a few “innocent” bystanders and locals)
To address your questions:
- The wearing of a helmet while riding on or operating a motorcycle is national Road Traffic Law, but permission can be obtained and granted by a local authority depending on the nature of the event.
- In no way can “Freedom of the Town” be granted and all, yes ALL, must adhere and obey traffic law and rules. No such document or grant exists.
- Demarcated and fenced-off areas can be allocated to the event organiser for these trick demonstrations as long as ALL safety precautions have been met, and community impact taken into consideration. Any such stunts or “monkey-business” outside these areas are not the responsibility of the event organiser and should be controlled by the local authorities.
- Although ample signs must be put in place all over town that “Helmets must be worn” and “No Revving”, you will always have the one “nut” that disconnects the whole steering wheel from the vehicle and mess things up for everyone. Such individuals must be caught, fined and told to leave the town immediately. Some will get away with it, as always, and some will be ignored.
In case of any accident, the motorcycle operator will be held responsible should the accident take place outside the event perimeters. Where and if it happens inside the event perimeter, both the organiser and operator can be held liable. Normal legal proceedings will take its course as with any accident.
Personally I don’t like any form of hooliganism; it is disrespectful, immature and inconsiderate. You can remove a baboon from the bush, but you can never remove the bush from the baboon. If the local municipality or counsel allows such behaviour, then they are both spineless and clearly do not care about the members of the local community.
HEIN JONKER | Editor & Chief Instructor
Bike Talk
The Law Stipulates:
Racing and sport on public roads
Reg 317. (1) For the purposes of this regulation the expression “race or sport” includes—
(a) any race, speed trial, reliability trial, hill climbing competition or sports meeting; or
(i) which may constitute a source of danger to traffic; or
(ii) which may hamper, impede or disrupt the normal flow of traffic.
(2) No person shall organize or take part in any race or sport on a public road, unless the prior written consent of the MEC of the province concerned has been obtained or, where the race or sport will take place wholly within the area of jurisdiction of a local authority, the prior written consent of such local authority has been obtained.
(3) In granting consent in terms of subregulation (2), the MEC or the local authority concerned, as the case may be, may—
(a) in addition to any requirement prescribed in these regulations, impose such further conditions as he or she or it may deem expedient;
(b) exempt any person concerned with the race or sport for the duration thereof—
(i) from any provision of the Act regarding any speed limit or determine another speed limit for the road concerned;
(ii) from any other provision of the Act or from any by-law; or
(c) levy fees for defraying the expenses incurred by the Provincial Administration or local authority concerned in connection with the race or sport.
(4) Any consent granted in terms of subregulation (2) may be withdrawn at any time.
(5) A traffic officer responsible for the safety of the public in the area where the racing or sporting event is staged or a traffic officer at the scene of the event, may immediately withdraw the permission for the event or amend the conditions of the permit to ensure the safety of road users, if the staging or continuation of the event, in the traffic officer’s opinion, is causing or will cause any danger or undue obstructions for other road users or any of the participants in the event.
Also view:
Motorcycle Safety through the Eyes of the Instructor
