Should you move the damaged motorcycle onto the hard shoulder in this situation?

In the photo, in the right lane of a two-way roadway, just after sign D-42 "built-up area", a damaged motorcycle is standing, and a motorcyclist is squatting next to it; no one looks injured and no other vehicles are visible. You must move the damaged motorcycle onto the shoulder. The answer is: yes.

The Road Traffic Act states that a driver involved in a road accident must immediately remove the vehicle from the scene so that it does not cause danger or block traffic, if no one has been killed or injured. Since no one was hurt, there is no reason for the motorcycle to stand in the traffic lane - there it is an obstacle that an approaching road user may hit, especially as it stands in the shade of trees. So you move it onto the shoulder, preferably after taking photos for the insurer. The motorcycle is already past the sign, that is, in a built-up area - there, if a damaged vehicle stands on the roadway in a place where stopping is prohibited, you mark it with hazard warning lights, and if the vehicle does not have them, with sidelights (position lights) and a warning triangle behind the vehicle or on it. It would be different if someone were injured - then the vehicle must not be moved.

Legal basis: Art. 44 para. 1 point 2 and 3, Art. 46 para. 1 and Art. 50 para. 1 point 2 letter b and para. 2 point 2 letter b of the Road Traffic Act (Prawo o ruchu drogowym)