[*BCM*] Parades vs. travelling on a bike

Anne Wolfe goannego at yahoo.com
Fri Mar 4 18:25:53 EST 2005


My not quite legal (as in, I didn't look up anything,just giving it best efforts) opinions below.
turtle <turtle at zworg.com> wrote:
Ok, I'd like to ask the folks who seem to be parade experts a few
questions:

1. How many vehicles/pedestrians must be travelling together (communally
agreeing to travel in the same direction, and going the same place)
before a permit is necessary? 2, 4, 10, 50, 100?

I would say that if it is going to interfere with the traffic that is otherwise operating that day, it is a parade.  For example, if you've got two or three vehicles that are going to intentionally go from A to B at a slow pace, that's a parade.  The slow pace and more than one vehicle is going to interfere with traffic in a way that "follow me I'll show you the way" isn't.    Ditto travelling side by side refusing to yield to other traffic.

2. Is it the act of agreeing to travel together that makes it a parade?

I think the act of agreeing to travel together is a significant part of it.  If three cars in a row all happen to make a left turn at the same intersection, but do it completely independently that's not a parade, but if three cars somehow agree to all make the same left turn, that starts to be a parade.  If they all agree to make the same left turn in a row regardless of the lights or in a manner that otherwise disrupts the traffic flow (three across, for example, or blocking both lanes of traffic to do it), then I'm going to say it is a parade.

3. Should all group bike/car/pedestrian trips have to get permits to
travel on public roads?

Is it otherwise going to interfere with the normal flow of traffic?  If so, then yes, because plans can be made around the parade to minimize inconvenience to others, and also to help protect the safety of those in the parade if necessary.

4. Is arrest of non-permitted group travellers an appropriate punishment
for the "crime"? 

Yes.  If it is legislated as a criminal offense.  This would depend on the statute at hand.  It may only be a civil matter, in which case arrest would be unlawful.  Although in my experience, if people just disperse or do what is requested of them by the police, there are no arrests.  If you have a group of people illegally disrupting traffic, and they refuse to disperse, what other options are available to law enforcement than arrest?

5. Is arrest of those violating traffic laws appropriate? (Seperately
from the parade issue.)

Yes.  And it does happen from time to time.  It depends on whether or not the traffic violation is an "arrestable offense".  Such offenses include DUI, driving too high over the speed limit, and other things.  If I watched "Cops" I'm sure I'd have more examples.

If you can tell me the legal answers to these questions, I'll come up
with a plan. If not then I guess we just have to keep riding our bikes
the way we believe is best, and see what happens.

If CM rode single file and obeyed the traffic laws (red lights, etc) I'm willing to bet that they wouldn't have any problems with the cops, no matter how big the Mass was.  If it didn't impede other traffic (and I've passed CM rides myself on my bike - they do go slowly and interfere with traffic.  It was impossible to pass safely for a number of blocks.) I just don't think there would be a problem.

-Turtle
who was arrested for trying to get a bis driver's name after he
assaulted her, and was then told by the judge to stop riding in the
road, and get on the sidewalk (In Boston, where sidewalk biking is
illegal).
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