E.U. Legislation threatens the future of Motorsport in the U.K. and E.U.
A farming incident in Slovenia has triggered a ruling from the Court of Justice of the European Union which, if implemented across the EU would mean that any vehicle operating on private land (From F1/Moto GP to Autotests and PCT) would have to have 'Unlimited Liability Third Party Cover'.
Damijan Vnuk was going about his work in a farmyard in Slovenia when a reversing tractor and trailer struck the ladder he was working from, Mr. Vnuk sought damages against the defendant insurer of the tractor and in the resulting case, the Slovenian courts ruled against Mr. Vnuk. The reasoning was that a compulsory insurance policy under Slovenian law for a motor vehicle covered the use of the tractor as a means of transport – but not damage caused when a tractor was used as a machine or propulsion device.
The equivalent duty in the UK is under the Road Traffic Act 1988 (“RTA 1988”). The duty to insure under Part VI of the RTA 1988 only extends to use of a motor vehicle on a road or other public place. A motor vehicle is defined in section 185 as “a mechanically propelled vehicle intended or adapted for use on a road’ (not ‘or other public places’). Not only does the duty not extend to use of a vehicle on private property, the definition of a ‘motor vehicle’ seems narrower than the ‘normal function’ test. The definition of ‘motor vehicle’ is wide covering any vehicle used on land save for where it runs on rails.
The government is likely, therefore, to amend the Act. This would have wide-reaching ramifications for insurers in terms of the type of vehicles to be compulsorily insured (and perhaps registered as such on the MID) and the need for RTA cover in non-indemnity situations (i.e. accidents occurring on private land).
The governing body of motor sport in the UK, the MSA, has had in-depth discussions with various bodies – including insurance companies – and have been informed that the necessary level of compulsory insurance for motor sport events would be unobtainable, it is a view that the MSA have no reason to doubt.
A recent article from the Motorsport Industry Association has detailed a response to the insurance ruling that will help us fight this looming threat, follow the steps and links below to add YOUR voice to stop this.
The Motor Sports Association paper on the consultation can be found at the bottom of this page in viewable pdf format.
HERO Fully support the MIA and MSA in their stance on this, we need you, the motor sport fan, marshal and competitor to get behind this and give just ten minutes to complete the consultation form as detailed below.miaresponseguidancetovnukmideuconsultationv4
London, 28th August 2018
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