I have created this page due to the problem encountered at the roundabout in Brigg, on the memorial run to Cleethorpes, where a member of the public was not happy to be "illegally" stopped by the Lost and Lonely SC out rider members.
There was an altercation with some of the club members and the member of the public, which resulted in a series of emails to the club email address, which I answered, they were titled "Illegal closure of the road"
To try to clarify if he was right, I made some investigations and ended up contacting the Humberside Police Traffic Management Officer, who has explained the letter of the law in emails he sent me, and a subsequent phone conversation. He also forwarded me the following explanation below, which I am allowed to put on the web site, with rank and name removed.
At out club meeting 3rd August, this matter was brought up and a heated exchange followed, some members continually bringing up the altercation, and not wanting to accept that out riding is totally illegal, even though it has been done for years!
I for one will not be sued if the shit hit the fan, so walked away from the club before the meeting ended!
The problem with out riders is, if there is an accident due to "us" or any club stopping traffic, it will be seen as "us" causing the accident and putting the liability directly on the riders club committee members. This basically means in the worst case the offending club committee individual members could be personally sued for the damage caused and everything which goes with it!
Basically out riders are illegal and cannot close road junctions of any kind unless they have the permission of the correct authorities etc, and it is done in the correct manner. He suggested intermediate meeting places on route so everyone can catch up with each other, or the front runner would stop at a junction to ensure all riders had passed through, then become the back runner, and so on.
Below is the said email response, with my question, followed by the official answer.
Thanks For your enquiry Steve with regard Scooter Runs / Funeral Cortege. These are classed as pre planned events and as such I will offer the below information to answer your questions:
Question. Could you please help with some advice. I am a member of a North Lincolnshire scooter club and sometimes we have many clubs joining together on a ride out. We could have over 100 scooters on a run or even a funeral cortege, to that end we have out riders who ride up to the next junction/roundabout and stop the traffic to ensure the riders can ride through together, we regularly have the traffic actually stop without being asked. What we want to know is, what is the legality of what we are doing. Are we permitted to continue to do this, or if not, how can we legally continue.
Answer.
Legality of what you are doing - The practice of outriders stopping, delaying or directing traffic must stop as it is unsafe and done without lawful authority contrary to Section 137 of the Highways Act 1980 (as amended by sections 38 and 46 of the Criminal Justice Act 1982 and the Police and Criminal Evidence Act 1984, Schedule 7) An offence is committed if a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway.
Are we permitted to do this – No.
How can we legally continue – The practise of outriders stopping traffic without the use of a Traffic Regulation Order or an Accredited Marshall Scheme cannot continue as it is not lawful.
I would direct your Club Secretary and members to research their Local Authorities’ guidance on Small Event Planning and follow their application process, in order to meet the requirements for your event.
The Club Secretary and members need to consider their responsibilities to road safety and liability, particularly if they choose to continue to cause traffic to stop unlawfully, as detailed above.
There could be major implications both criminally and civilly should an incident occur as a result of their action on the highway. Our advice would be for each rider to observe the rules of the road and ride their own ride, conforming with all regulations.
I trust this helps Steve.
Kind regards, Name remove
Rank and name removed Humberside Police Traffic Management Officer