Wednesday, July 18, 2012

NEW YORK - Law doesn't give motorcycle 'blockers' right to stop traffic

OFF THE WIRE


http://www.timesunion.com/local/article/Law-doesn-t-give-motorcycle-blockers-right-to-3708931.php
Law doesn't give motorcycle 'blockers' right to stop traffic

 Tim O'Brien Updated 07:08 a.m., Monday, July 16, 2012 1 of 3. View: Larger | Hide . Motorcyclists drive Route 9 in Lake George N.Y. Wednesday June 6, 2012. (Michael P. Farrell/Times Union)

June 6... Motorcyclists pass each other on Beach Road, as bikers arrive in the village for the annual Americade, on Tuesday June 5, 2012 in Lake George, NY. (Philip Kamrass / Times Union ) Motorcyclists pass each other on Beach Road, as bikers arrive in...
Times Union staff photo by John Carl D'Annibale: The flash of chrome and the roar of engines mark the return of the annual Americade as thousands of motorcyclists, including this group heading up Canada Street, pour into Lake George Village

Q: I am curious about a practice I've seen happen three times in recent weeks. While a large group of motorcycles is passing through, one motorcyclist, wearing a shirt that says "blocker," will block off oncoming traffic at each intersection, regardless of who has the right of way at a light or stop sign.
I understand their desire to stay together as a group, but this doesn't seem safe, nor is it fair to other drivers. We've all been in a situation where we've been following someone, having someone following us, or have been traveling as a group of several cars. Inevitably, someone gets left behind at a light but we simply pull over and wait for them to catch up. It doesn't mean we have a "blocker" car that stops traffic for us. That would be ridiculous.
I'm wondering if this practice is legal?
— Laura Winter, Waterford
A: The blockers have no legal authority to direct traffic, said Sgt. Daniel Larkin, traffic supervisor for Troop G in Loudonville.
"The answer is no. It is not legal to block intersections to allow riders to stay together," he said. "Only emergency personnel, people involved in highway repairs, and crossing guards can legally interfere with traffic as described by your writer. People who conduct themselves in this manner subject themselves to being ticketed and to civil liability if they cause or contribute to a collision. These people have no emergency lighting, are not trained and have no authority in law."
The only exception would be where the group has been granted a permit by the state Department of Transportation, which includes an endorsement from police, local authorities and insurance, he said.
"I've not heard of a permit being issued for something like this," Larkin added. "The permits are most often used for events such as a marathon that uses streets or highways."
Lenny Parker, safety officer for the Albany-Schenectady Hog Club, does not advocate the practice but says it is sometimes done to keep a group together. Parker also teaches motorcycle safety at Hudson Valley Community College.
"Technically it's not really legal," he said. "Sometimes it's safer to block the road so people don't get into the middle of a group of motorcyclists. Sometimes it's done to be safe. It's not done to be obnoxious."
Police might stop a group that blocked traffic, he said, but he says officers will rarely ticket for the offense.
On large rides, State Police will sometimes accompany a group and stop traffic for them, he said.
Parker said he has never seen a motorcycle group with riders wearing "blocker" shirts. The Harley Davidson group he is in has people wearing shirts that say "road captain" but their job includes selecting routes and being aware of road conditions, he said.
"They know the good roads, the bad roads, the road construction," he said.
Dean Slittgerber, owner of Spitzie's Motorcycle Center, said such actions are not condoned by motorcycle clubs like the one connected to his store.
"This is something that's kind of manifested itself over the years," he said. "Obviously the right way to do it is contact law enforcement and try to get help from them. We have some pretty large rides that leave our business. If it's a large group, they break up into smaller groups."