| Protest Protocol: Advice from ACRE
ACRE, the Highland Perthsire group campaigning against the closure of roads for the Etape cycle race, has been contacted by a number of local people who are considering actively protesting their disapproval of the road closures during the race on 18 May. Although ACRE has no resources to collaborate as a body with such action, it nevertheless offers to peole so minded the following advice.
- You have right to peaceful assembly and demonstration on the public highway, provided it is not unreasonably obstructive and does not constitute a public or private nuisance.
- You can obstruct the highway for a ‘short, reasonable period’ (but what is a ‘short and reasonable’ duration is not defined and is subject to the interpretation of the police/courts).
- You have an absolute right to pass and re-pass along the public highway. A road closure order must specify the class of traffic prohibited. In this case it is vehicular traffic, but cannot include bicycles, or the event could not take place.
- Therefore:
- You may walk, cycle, walk dogs, ride or lead horses, move cattle, sheep etc.
- You should not obstruct other traffic, but as a rough rule-of-thumb, you can occupy your half of the road.
Cyclists taking part in the event are legally obliged to ride in a manner which does not endanger other road users or cause them fear or alarm. To do otherwise is an offence.
(This is an important point, as those who travel at excessive speed and ‘take the racing line’ by cutting corners are likely to jeopardise the safety of and / or cause fear and alarm to other road users).
The race marshalls have no legal authority whatsoever.
The police should not interfere with your right to demonstrate, unless failing to do so would result in a serious threat to public safety or order.
Dos and Donts
DO:
- Be polite, talk softly, and obey the instructions of the police.
- Enquire politely as to why a police instruction is being given, but do not disobey it, or delay compliance by arguing.
- Note the rank and numbers of officers giving you instructions, ask for their names.
- If you feel endangered or alarmed by the conduct of event cyclists - ring the police and complain.
- If marshalls are abusive, make physical contact with you, or shout at you - ring the police and complain.
DO NOT:
- Obstruct the event cyclists, other than by insisting on your share of the highway.
Do not make physical contact with anyone, or shout at or abuse them in any way.
Remember:
the offence of ‘breach of the peace’ is extremely elastic – it can include seemingly innocuous acts such as raising your voice; and the gentlest of touches can be considered to be an assault – so keep yourself ‘fireproof’.
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