Are you obliged to move the motorcycle which got damaged in this place, to the emergency lane?
Show the correct answer
Correct answer
YES
Explanation
In the photo, on an expressway with noise barriers, at sign D-7, an immobilised motorcycle is standing in the right lane, and next to it, in the emergency lane (hard shoulder), the motorcyclist is standing - a breakdown or a collision without injured people. You must move the damaged motorcycle to the emergency lane. The answer is: yes.
The Road Traffic Act states that on a motorway or an expressway stopping or parking anywhere other than in designated places is prohibited, and if the vehicle was brought to a standstill for technical reasons, the driver must remove it from the roadway and warn other road users. The emergency lane is there exactly for this: it is a place where an immobilised vehicle does not block traffic. A motorcycle is light and one person can push it there in a dozen or so seconds, and every second in a traffic lane of an expressway means a risk of being hit by a vehicle driving at 120 km/h. After moving it, you switch on the hazard warning lights, place the triangle 100 m behind the vehicle and go behind the barrier to wait for help. The ban on removing the vehicle applies only when someone has been killed or injured in the accident - then you do not move the vehicle, but make the scene safe and call the emergency services.
Legal basis: Art. 49 para. 3, Art. 50 para. 1 point 1 and para. 2 point 1 and Art. 44 para. 1 point 3 of the Road Traffic Act (Prawo o ruchu drogowym); § 48 para. 1 of the Regulation on road signs and signals