Constitution
(Version 4 – 2010/12/08)
1) NAME OF THE PBC
a) The name of the organization shall be: The PRETORIA BIKERS COUNCIL and shall be abbreviated as PBC.
b) A badge, which shall read PBC, will be made available to each fully paid up member of the PBC.
c) All PBC members are obligated, but not compelled, to wear the badge.
2) The objectives of the PBC shall be:
a) To serve and unite the Motorcyclist Clubs and Groups in Pretoria.
b) To mediate impartially in disputes between Motorcyclist Clubs, Groups or members.
c) To promote and improve the image of motorcycling to the general public of South Africa.
d) To implement safety measures at events for the benefit of all motorcyclists and the public.
e) To function as an organized body, not for gain.
f) To operate as a non-racial, a non-political and a non-denominational body, and to reserve the right of admission.
g) To liaise as a body between international clubs, associations, unions, etc.
h) Coordinating of events organized by PBC affiliated Motorcycle Clubs whether for Charity or Social purposes
3) MEMBERSHIP OF THE PBC
a) Membership of the PBC shall be open to any Motorcyclist Club within the boundaries of the PBC district.
b) The boundaries of the PBC district will be Tshwane Municipal boundaries.
c) Those that are outside the boundaries shall join the Association closest to them.
d) In the event of a Motorcyclist club not wanting to join the Association closest to them, they can do application in writing to the PBC stating the reasons (1) for not joining the closest Association (2) if a past member of the said Association, reason for leaving.
e) The representative of any Club at a PBC meeting shall make application for full and binding membership.
f) There is no limit on the size of the Motorcycles riding in the Club that wishes to join. – A club needs to consist of a minimum of six motorcycles before a club can join.
g) Any EXISTING or NEW motorcyclist club, that would like to join the PBC, can apply for membership.
h) New clubs (existing not older than year) must submit their club name and logo for approval and will also have to ride for 3 months without any logo. After the 3 month period the logo will officially be handed over to ALL the club members by the PBC committee.
i) When a new club joins the PBC, their clubhouse does not automatically become a member of the PBC. The clubhouse shall follow procedures as described in point 17.
j) Leave of absence will be granted to a PBC member if the PBC member is in good financial standing with the PBC and if the PBC member has a valid reason for the absence as determined by the PBC Committee.
4) APPLICATION PROCEDURE FOR MEMBERSHIP OF THE PBC
a) All PBC affiliated clubs must re-apply for membership in January annually – if requested proof of number and names of members must be supplied, as a minimum of 6 bikes per club are allowed.
b) Applicants shall follow the following procedure:
i) Attend the first meeting to observe.
ii) Attend the second meeting to receive an application form and constitution.
iii) Attend the third meeting to hand in application form, full club list (with phone numbers and e-mail addresses) if joining as a club and a signed PBC constitution.
iv) Membership fees to be paid to the PBC at the third meeting.
v) The PBC Committee shall visit the new applicant in the month after the third meeting.
vi) Attend fourth meeting to be voted in. If a written objection is raised regarding the application, the application will then be reviewed. No new applicant will be voted in or attended to, if above mentioned documentation has not been received by the PBC. If an application is not successful the membership fee will be refunded.
c) When a guest or applicant shows no interest in joining the PBC after the third meeting, they will not be allowed to attend any further meetings.
5) MEMBERSHIP FEES OF THE PBC
a) The current fees for the PBC are R600-00 per annum. Members can pay in advance or monthly.
b) At the first General meeting of the year (January), each member club and individual and business shall pay an annual membership fee as proposed by the PBC Committee.
c) Membership fees to be paid not later than the November meeting of each year.
d) Membership fees not paid in full by the November meeting will result in termination of membership. If the party involved wishes to re-join they will need to re-apply and pay all arrears.
e) Membership fees will be used for the benefit of the PBC members. Or communities that is voted for by PBC and has been found to be in need of financial assistance.
f) Annual membership fee may only be amended at the AGM by a majority vote of the members present.
g) The financial year of the PBC will be from 1st February to 31st January.
h) The PBC shall ensure that all funds are deposited into a bank account in the name of the Pretoria Bikers Council.
i) One appointed PBC Committee member will have signing power to the PBC bank account, of which may sign cheques or other bank documents.
j) An external auditor will audit the PBC financial records on an annual basis.
k) All members have the right to vote on any matters requiring a vote, provided that these members are in good financial standing with the PBC.
6) MEMBERSHIP OBLIGATIONS OF THE PBC
a) To abide by the regulations, guidelines and amendments as set out and agreed upon by the PBC.
b) To promote the good spirit and fellowship amongst all motorcyclists.
c) To respect the safety and property of all fellow motorcyclists and the general public
d) To abide by the law and maintain a reasonable standard of behavior.
e) To support fellow members in the motorcycling community.
f) Loyalty & support is at the discretion of each individual member.
g) Each PBC member shall be under the following obligations: regular attendance of meetings, prompt payment of fees and participation in PBC activities.
h) All members shall be obligated to conduct themselves in a manner reflecting a favorable image of the PBC at all times.
i) Any change of contact information, for whatever reason, shall be sent to the Secretary ASAP.
j) All members Club Presidents are to make sure that all motorcycles and members in his / her club are in possession of a valid driver’s and motorcycle license. The onus is on the President and the member.
k) Ensure free or reasonable entry to PBC Committee members and their partners to all PBC members’ events, day functions, sleepovers and rallies on producing a PBC Committee card.
7) DISCIPLINE OF MEMBERS OF THE PBC
The failure of any member or members of such member club or business, to abide by the regulations, guidelines and amendments as set out and agreed upon by the PBC shall result in the following action:
a) The immediate notification in writing to the member club or individual or business concerning the member or individual member(s) of such member club or business disregard for regulations and / or guidelines and / or amendments.
b) Such notification shall request the following action to be taken depending on the nature and frequency of incidents:
i) A formal apology to the PBC by individual member(s), or member club or business.
ii) Denying entry to PBC sanctioned events, of individual members or the entire member club or business.
iii) Suspension of membership to the PBC.
iv) Termination of membership to the PBC. Fees paid will not be refundable.
c) Unruly behavior by members at a function will result in the PBC Committee approaching the member Club Presidents of these clubs and asking them to deal with their member / s in a disciplinary way.
d) Any member who fails to meet the Membership obligations or requirements of the PBC shall be suspended or have its membership terminated.
e) If the full club committee membership list or contact details is not received by the May meeting the membership will be terminated.
8) TERMINATION OF MEMBERSHIP OF THE PBC
a) Only a 50 % plus one vote taken at a legitimate PBC meeting may decide on the termination of a member’s membership of the PBC. The acting President or Chairman shall chair this meeting.
b) Member Clubs / individuals / businesses walking out of meetings and stating that they are resigning, terminate their membership with immediate effect. If an application for re-admittance is lodged, all current members shall reconsider the application.
c) PBC badges, metal and cloth, stays the property of the PBC. All members that resign from the PBC shall return all PBC assets. Non-PBC members will not be permitted to wear these.
d) If any member terminates their membership, they forfeit all benefits and privileges provided by the PBC with immediate effect. PBC fees paid will not be refundable.
e) If an existing member club is a chapter and for any reason resigns from the parent body or changes its club name, this club shall be dealt with as a new application. This club shall follow procedures as described in 4.a.
f) If an existing member club resigns from the PBC and decides to join again at a later stage, that club will follow the joining procedures as stipulated in 4.b
9) COMMITTEE STRUCTURE OF THE PBC
The PBC Committee shall consist of the following elected members:
a) Chairman:
i) Manage/Co-ordinate daily running of the PBC.
ii) Represent PBC at national/international events (PRO).
iii) Represent the PBC at the Gauteng Biker Council Alliance Meetings
iv) Chair all meetings (or delegate one of the committee members to chair the meeting), and be as impartially as possible.
v) Shall uphold the PBC constitution.
vi) Be responsible for accurate public statements made on behalf of the PBC.
vii) Shall act on behalf of the PBC in coordinating the PBC Committee and ensure the longevity of the PBC through whatever commercial or charitable means required.
viii)Has a casting vote in the event of a split decision.
ix) Monitor management and finances of the PBC.
x) Represent the PBC at meetings with other Councils.
b) 3 Committee Members:
i) Assist the PBC Chairperson with the management of the PBC
ii) Can be delegated by the Chairperson to Chair a specific meeting and or attend to a specific meeting or activity on his behalf
iii) Assist the chairperson with disciplinary related issues
iv) Assist the Chairperson with mediation between clubs when disputes arise
v) Act as an ambassador to the PBC.
vi) Assist any portfolio member where necessary
vii) Control attendance registers of meetings
viii)Control the distribution of event and promotional flyers at meetings
c) Sergeant-at-arms
i) Maintain order during meetings.
ii) Carry out all orders of the Chairman and Committee members promptly
iii) Supervising entering and exiting at meetings:
(1) Ensure that members are in the room at the prescribed time.
(2) Insure that only 2 members per club attend the meeting.
d) Events Coordinator:
i) Ensure that all PBC events are properly organized well in advance of the event date.
ii) Actively promote the positive image of the PBC at all times
iii) Liaise all activities and planned events with the Chairman and Committee
iv) Foster inter-club and PBC to club communication and vice versa.
v) Responsible for PBC member’s events and associated advertising.
e) Treasurer:
i) Provide financial statements at all monthly meetings.
ii) Attend to all day-to-day running of the PBC bank account.
iii) Manage the relevant accounts such as the Hospital Ministries
iv) Collect all outstanding membership fees
f) Secretary:
i) Responsible for all admin work and general secretarial duties.
ii) Will keep the Chairman informed and ensures relevant communication flow to the PBC Committee.
iii) To take minutes at all monthly meetings and special meetings.
iv) Provide/e-mail a new updated agenda the next business day following a meeting to the chairman.
v) Disseminate communication from the PBC to all Presidents.
g) 3 Road Captains:
i) Coordinate all mass rides and take charge of the group until arrival at the destination.
ii) Ensure that all committee members will ride in the order of the PBC structure i.e. Chairman, Committee members, Sergeant-at-Arms etc. and that they will LEAD the group in this order – all other riders to follow them.
iii) Will guide the group in a manner consistent with the objectives and guidelines as stated herein, and will execute his or her best judgment in situations not specifically covered in these guidelines.
iv) Will brief other assigned Road Captains & Tail Gunners as to route, responsibilities, and other details pertinent to the ride prior to departure.
v) Will conduct a rider’s briefing prior to departure (May assign a Safety Officer to conduct the Safety Briefing).
vi) Will be responsible for the final decision with regard to ride termination due to inclement weather, hazardous conditions, or other difficult or unsafe conditions.
vii) Will instruct any rider to ride in a specific position within the group, or leave the group entirely, for reasons of misconduct, disorderly or unsafe riding, or faulty/unsafe equipment. Common sense and tact should be used.
viii)Insure a well-maintained First Aid kit is present on ride.
ix) Suggested to insure a well-stocked tool kit is present on ride.
x) Insure a cell phone is present for 911 purposes.
xi) Locate other cell phones and first aid kits.
xii) Should the Road Captain not possess a cell phone, designate a 082-911 notification caller within the group.
xiii)Will establish and maintain a uniform speed consistent with the ability of the least experienced rider, and with consideration of safe road conditions, traffic, and weather conditions.
xiv) Will be responsible for initiating all manoeuvres within traffic in a “safety first” manner.
xv) Will maintain the standard formation of a staggered double row, in one traffic lane, just to the left of lane centre.
xvi) Will maintain a safe following distance by using the MINIMUM 3 second rule between the group and any vehicle ahead. This distance may be increased at the discretion of the Road Captain, but will NOT be decreased.
xvii) Will command the group to a single file formation when they cannot maintain visual control of the road conditions ahead over a MINIMUM of a 4 second distance, narrow road, mountain/curvy roads, travelling directly adjacent to parked vehicles, or any other condition which may severely restrict the ability of individual group members to perform emergency avoidance manoeuvres.
h) Webmaster:
i) Responsible for the maintenance and upkeep of the PBC website.
ii) The Webmaster shall be appointed by the PBC Committee and shall not have a vote on the Committee. It will be expected of the Webmaster to attend all Committee and general meetings in order to stay updated with affairs of the PBC.
It is a requirement for all PBC Committee members to have access to a computer and these members will be in contact with each other at all times.
10) PBC COMMITTEE AUTHORITY
a) The PBC Committee shall have power to nominate other members, should it be deemed necessary, to serve on the Committee. The floor will approve this appointment.
b) The PBC Committee is only a voice for its members. The Committee is not here to dictate to any of the member Club Presidents as to how to run their clubs.
c) All PBC Committee meetings are confidential and no minutes will be sent out to any Members. The Chairman, at monthly meetings, will provide a brief summary.
d) All decisions made by the PBC Committee at special meetings that are not pertaining to the PBC as a whole are final and binding.
e) Any PBC Committee member, who is absent from more than two consecutive meetings of the Committee without notice, shall cease to be a Committee member, provided that the Committee may grant a member leave of absence from not more than three consecutive ordinary meetings of the Committee.
f) Club colors may be worn by any of the Committee members at monthly and / or special meetings. These persons represent the PBC as part of their individual clubs.
11) CODE OF CONDUCT FOR MEMBERS OF THE PBC
a) The code of conduct shall be binding on members and office bearers of the PBC. The following rules of conduct shall be observed:
i) Members shall at all times conduct themselves at meetings in a dignified and orderly manner. Any member who persists in conducting himself / herself inappropriately shall leave the meeting immediately when so ordered by the chairman.
ii) All members shall comply with the aims, objectives and the constitution of the PBC.
iii) No member shall conduct himself / herself in such a manner as to bring the PBC into disrepute.
iv) No member shall influence or attempt to influence the PBC in its consideration of a decision on any matter before it so as to gain some direct or indirect benefit, whether in money or otherwise for himself or herself or any other person or body with whom or which he or she is associated.
v) No member shall directly or indirectly accept any gift, reward or favor whether in money or otherwise, as a consideration for voting in a particular manner on any matter before the PBC.
vi) No member shall use office facilities and or equipment belonging to the PBC for his or her personal use.
vii) No member shall be allowed to expose firearms or weapons at any gathering.
viii)Verbal & physical abuse or disrespect, in any form, directed to the PBC Committee and / or club and / or individual, will not be tolerated at any time.
12) MEETINGS OF THE PBC
a) General meetings shall be held each month (on the 1st Thursday of a new month), and at a date determined by the Executive Committee.
b) Each member should complete the attendance register at each meeting. Members that do not complete the register shall be marked as absent.
c) Apologies for not attending a meeting should reach the Secretary before the start of the meeting.
d) When a member is absent from three consecutive meetings, without an apology, they will be summoned to a disciplinary meeting, after which a letter of dismissal, if applicable, will be sent to this Club and / or individual and / or business.
e) Each monthly meeting to be opened with a minute of silence or when deemed necessary.
f) Meetings may not be held if a quorum is not present. A quorum is 50% plus one of the existing paid up members at that time.
g) Special meeting with the Executive Committee, before a monthly meeting or otherwise, shall be arranged with the Secretary. No person or club will be attended to unless procedures are followed. No meeting will be held without notification from the parties involved.
h) Member clubs should make sure that responsible people attend the monthly meetings and that these reps report back to their clubs ASAP. Only two per club or business shall be allowed to attend a monthly meeting. All other members will be asked to leave the premises
i) Permission from the floor shall be asked for visiting non-member to attend an entire meeting.
13) AGM AND ELECTION OF THE PBC COMMITTEE
a) The quorum of the AGM, which is held each year in February, shall be 50% plus one of all paid-up members present.
b) The existing Committee shall each submit a final report for the term of office.
c) The President shall thank the Committee and ask them to step down.
d) The President shall ask for an Electoral Officer to take over until a new Chairman is elected.
e) The Secretary should receive new nominations, in writing, for the PBC Committee two weeks before the Annual General Meeting.
f) The Electoral Officer shall read out nominations for the new Committee.
g) Each nominated member shall be appointed by a ballot vote.
h) The following sequence shall be followed: Chairman, Committee members, PRO/ Events Coordinator, Treasurer, Secretary and Road Captains.
i) The Electoral Officer shall decide the vote should there be a split decision on the nomination for President.
j) The new Chairman shall decide the vote should there be a split decision on the nomination of any other Committee members.
k) The new Committee shall immediately take office once elections are completed.
14) TERM OF OFFICE OF THE PBC COMMITTEE
a) Elections will be held every year at the AGM, to elect the PBC Committee. Members of the PBC Committee will serve for a minimum of one year.
b) Any PBC Committee member, including the Chairman, may be relieved of office by calling an emergency meeting, which shall be attended and chaired by the Chairman, as well as 50 % plus one of all fully paid up members.
c) In the event of a PBC Committee member and / or Chairman being relieved or having resigned of his / her position at this meeting, immediate election for a replacement shall take place.
d) When a PBC Committee member resigns during his / her term of office, the Executive badges shall be returned, and the PBC Committee will elect a new member to fill this opening until the next AGM. The T-shirt will remain the property of the outgoing PBC Committee member, but may not be worn.
15) AMENDMENTS TO THE CONSTITUTION OF THE PBC
a) This constitution may only be amended and adopted, if application is made in writing, two weeks before the Annual General Meeting, by 50 % plus one vote taken by all current fully paid up members.
b) All members to hand in a signed copy of the PBC constitution, with each page initialed, at the March meeting of each year otherwise immediate termination of membership shall follow.
16) RULES OF ORDER OF THE PBC
a) The chairman/secretary will be notified in writing, before the commencement of the meeting, of any matter(s) that need to be discussed.
b) Each matter to be discussed shall be called by the Chairman and an orderly debate held and controlled by the Chairman.
c) The following agenda shall be adopted:
- Welcome by Chairman.
- Attendance Register & Apologies.
- Guest Speaker (s).
- Chairman Report.
- Secretary Report & correspondence.
- Treasurer Report.
- Road Captains report.
- Events coordinator Report.
- Webmasters Report.
- General discussions.
- Announcement of next meeting.
- Close of meeting by Chairman.
17) EVENTS CALENDAR OF THE PBC
a) The PBC shall co-ordinate an annual calendar of dates for rallies held by members of the PBC and publish all function dates for all motorcycle clubs in South Africa, stipulating PBC dates.
b) Dates vacated by PBC members to make event list lighter shall be used by the PBC Committee, at their own discretion.
c) The PBC shall host fund raising events.
d) PBC members may host one official function once a year.
e) PBC members should avoid clashing of event dates. If there is a clash of dates, the clubs involved must try to resolve it. If this can’t be resolved, the clubs can approach the PBC to resolve it.
f) Only PBC events will be promoted at PBC meetings.
g) When a member would like to host a function, the Events Coordinator must first approve the date.
h) The PBC shall co-ordinate and liaise with organizations or individuals that want to stage rallies or events for the purpose of fund raising. These organizations or individuals shall specify their charity’s intentions and a charity number is required from them.
i) New members shall belong to the PBC for one year before applying to host a day function or sleepover and two years before applying to host a rally
j) Every Club hosting a day function or Rally should contribute R100.00 towards a Day Function and R250.00 towards Rally to book their Official function date on the events list.
18) GENERAL
a) All relevant PBC information, including the events calendar, shall be published on the Website.
b) All privileged PBC info sent out to members is for the benefit of members only.
c) The PBC shall provide advertising for PBC members only.
d) All other advertising rates will be at the discretion of the PBC Committee.
e) The onus rests on each member to abide by the Road Traffic Act.
f) PBC equipment may be hired by a member and will be replaced at own cost, if lost or damaged.
g) Only written, faxed or e-mailed correspondence addressed to the PBC will be attended to
h) The PBC will not attend to any non-PBC matters. The PBC is committed to serving its members.
i) The PBC Committee shall only visit clubs that apply for a visit in writing. These visits shall take place at the member clubs’ convenience.
j) The members shall pursue all complaints, disputes or claims in accordance with the terms and conditions of the above said rules of procedures and agree to be bound by the decision thereof.
k) When a PBC member resigns from an existing PBC club, the PBC advises that member to do a 3 months cooling off period before joining another motorcyclist club. If the member wants to join the new club the 2 Presidents must mutually agree to this.
19) INTERPRETATION
a) Save where the context otherwise requires, singular words shall be deemed to import the plural and vice-versa and the masculine gender shall be deemed to include the feminine and vice-versa.
b) The word “member” could also be interpreted as meaning “club, individual or business”.
20) DISBANDMENT
Upon the winding up of the PBC, any assets remaining after satisfaction of the liabilities of the PBC, shall be distributed amongst such other organizations, having as their objectives, the development and upliftment of underprivileged communities and persons in the broader Pretoria area, and which are authorized to collect contributions in terms of the fund-raising Act 107 of 1978, as may be decided upon by the members at the meeting at which it was decided to terminate the PBC.