The TAC is unable to pay compensation to a person who is injured or who dies as a result of a transport accident during an organised pedal cycle race or speed trial, unless the transport accident involves the driving of an unauthorised vehicle.
Under the Act, this exclusion applies if the person is:
- the pedal cyclist or passenger in an organised professional race or speed trial, 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 in an official capacity.
Transport Accident Act 1986 reference: section 41
In this policy:
- An unauthorised vehicle means a vehicle which is not participating in the organised race or speed trial. The TAC considers that this would include a vehicle which does not have express permission to participate in, or to assist in the facilitation and running of the organised race or speed trial.
- An organised race means a Union Cycliste International (UCI) or member body event featuring professional riders that are engaged in cycling as a paid occupation.
- A speed trial is defined in section 41(2) of the Act as an organised pedal cycle event or any part of such event that is a competitive test of speed an object of which is, or requires for its attainment, the travelling over a distance in the shortest possible time, but does not include an event, or any part of an event, in which it is a condition of participation that participants comply with all applicable road laws.
What is not considered to be an organised pedal cycle race or speed trial?
If the event is not an event involving professional riders and organised by the UCI, the TAC will not regard the event as an organised race or speed trial.
The TAC will not regard amateur, semi-professional and club cycling events, family day rides or participation rides on public roads as an organised pedal cycle race or speed trial.
For an event that involves professional cyclists, the TAC recommends the event organiser contact the TAC to seek clarification about whether their event, or a component of their event, will be excluded from eligibility for TAC compensation.
When can the TAC waive this exclusion and what factors will be considered?
This exclusion will apply unless the TAC certifies in writing prior to an event taking place that the exclusion will be waived.
For this to occur, an event organiser is required to submit the rules and/or description of the proposed event to the TAC at least 4 weeks prior to the event.
The TAC may consider waiving this exclusion if, following a review of the event information provided, the TAC considers that the event, or a component of the event, does not have the characteristics of a professional organised race or speed trial.
In considering whether an event, or a component of an event, has the characteristics of a professional organised race or speed trial, the TAC may take into account:
- The extent to which a feature of the event, or a component of the event, is a competition emphasising speed from one point to another point;
- The existence and amount of any prize money or professional status that attaches to the participant’s finishing result in the event;
- Whether or not the event, or a component of the event is participated in primarily by professional athletes;
- The degree of risk to the participants;
- Any safety or traffic management plans that have been put in place;
- The nature of any insurance held by the event organiser;
- Letters of support from Victoria Police and a local council (if obtained);
- The purpose and nature of the event;
- Whether or not the event is open to the public to participate;
- The location of the event; and
- Any other relevant factors in the information provided by the event organiser.
Events which the TAC would regard as organised races or speed trials include the following:
- Union Cycliste International Grand Tour, One-Day or Continental Circuit races
- UCI member federation organised professional events and National Road Cycling Championships – such as the 2019 Road National Championship.
When is a pedal cyclist considered to be riding in a test in preparation for an organised race or speed trial?
The TAC considers that a pedal cyclist will be riding in a test in preparation for an organised race or speed trial if their preparation ride takes place in the area of the professional race, for example, warming up or training on the designated track on the day of the event. If a cyclist is training or preparing for an event on public roads in the lead up to an event, this is not considered a test in preparation for by the TAC, even if the event itself is a UCI One-Day, Grand Tour or Continental Circuit race.
How does the TAC issue certificates?
The 'Senior Manager - Government Relations, Legislation and Policy' is responsible for issuing certificates.
A formal letter will be provided to the event organiser outlining the terms of the certification.