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Motor Sports Accidents policy

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Policy

The TAC is unable to pay compensation to a person who is injured or dies as a result of a transport accident involving a motor vehicle that is:

  •  taking part in an organised race or speed trial, or
  • in a test preparing for, an organised race or speed trial

When the person is:

  • the driver of or a passenger in a participating vehicle, or
  • a spectator at the event, or
  • an official or organiser of the event, or
  • assisting the competitors in any way at the event, or
  • assisting in the holding of the event.

Transport Accident Act 1986 reference: s.41

Will the TAC indemnify a driver/owner of a registered motor vehicle for an injury or death arising out of the use of a motor vehicle which was involved in an organised race, test or speed trial?

Where the driver/owner of a registered vehicle incurs a liability in respect of an injury or death arising out of the use of a motor vehicle involved in an organised motor vehicle race, test or speed trial, the TAC is not liable to indemnify that driver/owner unless they meet the two conditions in the question below.

In what circumstances will the TAC consider paying compensation where a transport accident occurs involving a motor vehicle taking part in an organised motor vehicle race, test or speed trial?

The TAC will consider paying compensation in respect of a person who is injured or dies in such a transport accident where:

  1. The rules of the race, test or speed trial require it to be conducted in accordance with the Road Safety Act (1986) and the regulations applying under that Act, and
  2. The TAC has certified in writing, in relation to that race, test or speed trial, the circumstances and conditions under which the TAC can pay compensation.

How does the TAC issue certificates?

To be issued with a certificate the race organiser must submit the rules of the event to the TAC at least 4 weeks prior to the event. These rules must comply with the Road Safety Act 1986 and applicable regulations for the TAC to consider issuing a certificate. The 'Senior Manager - Government Relations, Legislation and Policy' is responsible for issuing certificates.

Definitions

Motor Sport - involves a motor vehicle or vehicles taking part in an organised motor vehicle race, test, or speed trial.

Speed Trial - an organised motor vehicle event, that is a competitive test of speed involving travelling over a distance in the shortest possible time but excludes an event which requires participants to comply with applicable road laws (as defined under the Road Safety Act 1986).