Road Traffic Law of Poland (1997) (excerpts related to Freedom of Peaceful Assembly) (English)
Road Traffic Law
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Art. 65.
Sports competitions, rallies, races, assemblies and other events that cause traffic problems or require a special use of the road may only be held if safety and order during the event have been secured and permission has been obtained for holding that event.
Art. 65a.
1. The organiser of the event shall be obliged to secure the safety of persons present as well as order during that event.
2. The organiser of the event shall be obliged to provide:
1) the satisfaction of requirements stated in particular in the provisions of building law, sanitary provisions, fire control provisions and provisions on protection of the natural environment;
2) order and information services easily distinguishable by elements of clothing;
3) medical and paramedical assistance adjusted to the number of participants of the event, as well as adequate hygiene and sanitary facilities;
4) escape routes as well as roads of access for rescue services, the Police, Frontier Guard, and Military Police;
5) conditions for establishing communication between entities jointly providing safety and order during the event;
6) rescue and fire fighting equipment as well as extinguishing materials required for rescue and fire fighting operations;
7) if necessary, a room should be made available to be used by the services that provide safety and order during the event;
8) technical means required for providing safety and order during the event, including in particular:
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a) warning and information signs and boards,
b) ropes, tapes or bands marking the route or site of the event,
c) barriers, hurdles or partitions to fence off the site of the event.
3. The organiser of the event shall be obliged to:
1) agree the route of the event with road traffic authorities;
2) co-operate with the Police and – in the case of events held in the borderland or on roads crossing or adjacent to areas managed by organisational units subordinated to or controlled by the Minister of National Defence or on roads adjacent to such areas – with the Frontier Guards or Military Police respectively:
3) draw up a plan of providing safety and order during the event in the territory of individual voivodeships, including:
4) prepare the rules and agenda of the events;
5) agree with the Police and – in the case of events held in the borderland or on roads crossing or adjacent to areas managed by organisational units subordinated to or controlled by the Minister of National Defence – with the Frontier Guards or Military Police the dates of meetings organised to adjust matters related to securing safety and order during the event;
6) secure implementation of the plan referred to in point 3 above;
7) agree with the highways administrator the scope of utilisation of the traffic lane and the manner of and deadline for restoring that lane to its original state;
8) notify public transport companies of the expected time of traffic delays;
9) upon request of the traffic administration authority, prepare a plan of traffic organisation in consultation with the Police;
10) provide detailed information about the event as might be requested by the Police or other bodies referred to in points 1, 2, 7 and 8 above, and also by the Voivode competent ratione loci for the site of the event, such information as is necessary for those bodies to perform their functions aimed at maintaining public safety and order;
11) make public the information about traffic delays resulting from the planned event.
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a) adjusting the route or site of the event with those authorities,
b) carrying out the instructions to properly provide safety and order during the event,
c) making joint rounds of the route or site of the event;
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a) a list of members of the order services, their arrangement and distinguishing elements of clothing,
b) written instructions specifying the tasks of the order services, developed in co-operation with the Police,
c) type and amount of the technical means referred to in point 2.8 above as well as their arrangement,
d) types, scope and manner of securing availability of the rescue services during the event, in consultation with the competent district commander of the State Fire Brigades and with other rescue services, including the competent administrators of the State Medical Rescue units,
e) the manner of marking areas dangerous for participants of the event,
f) the marking of vehicles participating in the event and accompanying it,
g) types of permits for individuals or vehicles to enter and cross areas excluded from public traffic,
h) organisation of wireless communication between the organiser and the Police during the event,
i) manner of informing about traffic restrictions related to the event – before and during that event;
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4. Safety and order during events shall be maintained by the Police; if the event is held in the borderland or on roads crossing or adjacent to areas managed by organisational units subordinated to or controlled by the Minister of National Defence, the Police shall act jointly with the Frontier Guards, Military Police or military order units respectively:
1) at the preparation stage of the event – developing its own plan of maintaining safety and order during the event;
2) during the event:
3) after the event – restoring the smooth flow of road traffic.
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a) posting traffic control guards and blockades,
b) directing the passage of vehicles or pedestrians participating in the event,
c) putting diversions into operation as required during events held on roads;
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Art. 65b.
1. The permission referred to in Art. 65 shall be issued as an administrative decision, upon the event organiser’s written application (hereinafter referred to as “the application”) submitted no later than 30 days before the scheduled start of the event, by the traffic administration authority in charge of the road where the event is to be held; if the event is to affect roads controlled by several different authorities, the competent authority shall be:
1) in the case of roads of different categories – the traffic administration authority in charge of the higher category road;
2) in the case of roads of the same category – the authority competent for the starting site of the event.
2. The organiser of the event shall send, within the time limit specified in point 1 above, a copy of the application with the required supporting documents to:
1) the voivodeship commander of the Police competent for the starting site of the event, and
2) commander of the relevant unit of Frontier Guards, if the event is to be held in the borderland, or
3) commander of the relevant unit of Military Police, if the event is to be held on roads crossing or adjacent to areas managed by organisational units subordinated to or controlled by the Minister of National Defence.
3. The application should state in particular:
1) the name and surname or company name as well as the home or official address of the organiser of the event;
2) the type and name of the event;
3) the site and date of the start, progress and end of the event;
4) the expected number of participants of the event;
5) a list of the organiser’s representatives in charge of maintaining safety and order along the routes or on the site of the event in the territory of individual Voivodeships;
6) signature of the organiser or organiser’s representative.
4. The following documents should be attached to the application:
1) detailed rules of the event, specifying in particular the rules of conduct of the participants of relevance for traffic safety;
2) a list of persons responsible for the proper progress of the event and for maintaing safety and order during that event in the territory of individual voivodeships and at the start and finish sites of each stretch, and also in areas requiring special protection;
3) the programme of the event with a detailed description of the route and statement of the distances between individual stretches, as well as the programme, stated in minutes and kilometres, of the passage of vehicles or pedestrians participating in the event across individual localities and borders between voivodeships;
4) the plan of maintaining the safety and order of the route or site, as specified in Art. 65a.3.3;
5) the organiser’s commitment to restore the original state of the traffic lane along the route of passage of the vehicles or pedestrians participating in the event, or of the site used by the participants, and to immediately repair any damage to the traffic lane or facilities caused by the event, or to cover the cost of such repairs;
6) in the case of events held in forested areas, the written consent of the owner of the forest.
5. The authority referred to in point 1 above shall issue the permit upon:
1) consultation with the voivodeship commander of the Police competent ratione loci for the site of the event, and in the case of events held in the borderland or on roads crossing or adjacent to areas managed by organisational units subordinated to or controlled by the Minister of National Defence, with the competent commander of the Frontier Guards or Military Police unit respectively; the opinion should be delivered to the requesting authority within 14 days of the date of the request;
2) adjustment of the extent of traffic restrictions and the related terms of organising the event with the traffic administration authorities competent for the roads where the event is to be held.
Art. 65c.
The authority empowered to grant the permission shall refuse it if:
1) the organiser fails to meet the requirements specified in Art. 65a points 2 and 3;
2) the organiser does meet the requirements specified in Art. 65a points 2 and 3, but:
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a) there is a potential threat to human life or health or to property of great value,
b) the event poses a threat to road traffic safety, and no diversions can be put into operation without significantly increasing the expenses borne by participants of the road traffic.
Art. 65d.
1. The authority empowered to grant the permission shall withdraw an issued permission if there is a threat to human life or health or to property of great value.
2. The authority referred to in point 1 above may withdraw an issued permission if the event poses a threat to road traffic safety.
3. The decisions referred to in points 1 and 2 above shall be immediately enforceable.
Art. 65e.
The decision to grant or refuse permission for an event shall be issued no later than 7 days before the planned starting date of that event.
Art. 65f.
The traffic control authority shall stop an event that is held without permission.
Art. 65g.
The traffic control authority may stop an event, if:
1) the site, route or duration of that event are inconsistent with the terms of reference specified in the permission;
2) there is a threat to human life or health or to property of great value;
3) the progress of the event threatens road traffic safety.
Art. 65h.
1. The provisions of Articles 65-65g do not apply to processions, pilgrimages and other religious events held on roads in accordance with the rules set down in:
1) the Act of 17 May 1989 on the attitude of State to the Catholic Church in The Republic of Poland (Journal of Laws [JoL] No. 29, item 154, as amended[3]);
2) the Act of 4 July 1991 on the attitude of State to the Polish Autocephalic Orthodox Church (JoL No. 66, item 287, as amended[4]);
3) the Act of 30 June 1995 on the attitude of State to the Seventh-Day Adventists Church in The Republic of Poland (JoL No. 97, item 481, as amended[5]);
4) the Act of 30 June 1995 on the attitude of State to the Christian Baptists Church in The Republic of Poland (JoL No. 97, item 480, as amended[6]);
5) the Act of 30 June 1995 on the attitude of State to the Evangelical-Methodist Church in The Republic of Poland (JoL No. 97, item 479, as amended7);
6) the Act of 30 June 1995 on the attitude of State to the Polish-Catholic Church in The Republic of Poland (JoL No. 97, item 482, as amended8);
7) the Act of 20 February 1997 on the attitude of State to the Old Catholic Mariavite Church in The Republic of Poland (JoL No. 41, item 253, as amended9);
8) the Act of 20 February 1997 on the attitude of State to the Catholic Mariavite Church in The Republic of Poland (JoL No. 41, item 252, as amended10);
9) the Act of 20 February 1997 on the attitude of State to the Pentecostal Church in The Republic of Poland (JoL No. 41, item 254, as amended11).
2. In addition, the provisions of Articles 65-65g do not apply to funeral processions using roads in accordance with local customs.
3. To events referred to in Art. 65, provisions on safety of mass events shall not apply, with the exception of provisions regulating the organisation and powers of order services.
Art. 65i.
To matters not regulated by Articles 65-65h provisions of the Code of Administrative Procedure shall apply.
7) Amendments to the Act were published in JoL of 1998 No. 59, item 375, No. 106, item 668 and No. 117, item 756 and of 2004 No. 68, item 623.
8) Amendments to the Act were published in JoL of 1998 No. 59, item 375, No. 106, item 668 and No. 117, item 756 and of 2004 No. 68, item 623.
9) Amendments to the Act were published in JoL of 1998 No. 59, item 375, No. 106, item 668 and No. 117, item 756 and of 2004 No. 68, item 623.
10) Amendments to the Act were published in JoL of 1998 No. 59, item 375, No. 106, item 668 and No. 117, item 756 and of 2004 No. 68, item 623.
11) Amendments to the Act were published in JoL of 1998 No. 59, item 375, No. 106, item 668 and No. 117, item 756 and of 2004 No. 68, item 623.
[3] Amendments to the Act were published in JoL of 1990 No. 51, item 297, No. 55, item 321 and No. 86, item 504, of 1991 No. 95, item 425 and No. 107, item 459, of 1993 No. 7, item 34, of 1994 No. 1, item 3, of 1997 No. 28, item 153, No. 96, item 590 and No. 141, item 943, of 1998 No. 59, item 375, No. 106, item 668 and No. 117, item 757, of 2000 No. 120, item 1268 and of 2004 No. 68, item 623.
[4] Amendments to the Act were published in JoL of 1991No. 95, item 425, of 1993 No. 7, item 34, of 1994 No. 1, item 3, of 1998 No. 59, item 375, No. 106, item 668 and No. 117, item 756 and of 2004 No. 68, item 623.
[5] Amendments to the Act were published in JoL of 1998 No. 59, item 375, No. 106, item 668 and No. 117, item 756 and of 2004 No. 68, item 623.
[6] Amendments to the Act were published in JoL of 1998 No. 59, item 375, No. 106, item 668 and No. 117, item 756 and of 2004 No. 68, item 623