In this article the legal aspects clear up to us about skating in the public route.
Skating in Pathways and Sideways Illegal?
Therefore, and until a clearer regulation does not go out, it seems deductible that:
- The skaters we are pedestrians
- we Must circulate along the sidewalk, like the pedestrians, and to pedestrian's step
- we Can circulate along the verge whenever there does not exist sidewalk, like the pedestrians
- we Can circulate along the verge if the sidewalk is impassable so that to skate for her could suppose a risk for us and for the pedestrians
- we Can circulate along the roadway if there is no verge, like the pedestrians
Skates and the Law
After RGC reads in detail the "General Regulation of Circulation", in particular the legislation that refers to the "Road Safety", which is that more fond of the skater.
The fact is that, although in some aspects our situation is rather clear, in others like for example the skating for the streets of the city, the actions that a few agents can tackle, etc., the situation is rather confused. For it, and after seeing recently that these doubts were not only ours, but of most of skaters of Spain, we request a study to the buffet "Lucena i Alarcón Advocats Associats".
The present article is a brief description of the above mentioned study, in order to give something of light to the problem. An important detail is that the said study is based on the current legislation, when in this moment, but already, there has to go out a new legislation that can affect us in major or minor grade.
What is to Skater Legally?
Although it seems strange, a clear definition does not exist in the code of current circulation on this matter. The skater seems to be, or a pedestrian who drags or pushes a vehicle without engine of small dimensions, or a vehicle without engine moved by human effort, like for example a bicycle.
Urgan Skater Circulation
One of few clear articles for the skaters is 121.4 of the RGC, which it specifies that those who use skates cannot go for the roadway. From which the said study deduces that yes we can go for the sidewalk and for residential streets. It is necessary to clarify that a residential street is the one that this way is indicated and that, in general, are known as pedestrian areas.
So for the fact of behaving the skater as a pedestrian, while one forces him to circulate along the sidewalk, one submits him to the same norms as to these in his displacements.
Therefore, the skaters should circulate along the sidewalks and at speed or person's step, and along the sidewalk of his right as the sense of the march.
The fact of circulating with the pedestrians, forces us to behave as such. To circulate along the right; if it goes away for the left to give preference to those who come for the right; to cross for the crosswalks, etc. The real fact is that at pedestrian's level it is habitual not to continue of rigid form these norms, although as very well he says the study, the most strict form legislation is applied to the skaters.
The important point is that, if for the fact of behaving like pedestrians we must continue the regulation of the same ones, there exist articles that clearly they indicate that the pedestrian will be able to circulate along the verge or roadway, and the same articles, along analogy, they must be applied to the skaters.
These articles are:
121.1 - The pedestrians are forced to go along along the pedestrian area, except when this one does not exist or is not practicable, in whose case they will be able to do it for the verge, or in his defect for the roadway. 121.2 - Nevertheless, even if there is pedestrian area, will be able to circulate along the verge or, if this one does not exist or is not passable, along the roadway:
- a) the one that takes some voluminous object or pushes or drags a vehicle of limited dimensions that is not of engine, if his circulation for the pedestrian area or for the verge could constitute a considerable obstacle for other pedestrians.
- b) Every group of pedestrians directed by a person or that forms courtship.
Another more current reference as for legislation is the following one:
General circulation regulation: RD 1428/2003
4. Those who use skateboards, skates or similar devices will not be able to circulate along the roadway, unless it is a question of areas, routes or parts of the same ones that are destined especially and they will be able only to circulate to person's step along the sidewalks or along the residential streets properly signposted with the sign regulated in the article 159 of this Regulation, without in no case it being allowed that they are dragged by other vehicles.
East study entrusted "Lucena i Alarcón Advocats Associats" on the legal frame of the skaters in Spain has been taken of the web of to skate - zaragoza , that in turn (quoting it in his web), it took of the web of the group to Skate in Valencia , which in turn took it of another web of Barcelona without specifying.