Motor Sports Accidents 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.
unless the event has been issued with a Race/Speed trial exemption certificate.
Transport Accident Act 1986 reference: s.41
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).
What is considered to be an organised race?
The TAC considers an organised race to be a formally organised event involving motor vehicles in a contest of speed where participants race against each other, usually on a race circuit. This may include motocross events, enduros and rallies.
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.
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:
- 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
- The TAC has issued a Race/Speed trial exemption certificate, certifying 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 Race/Speed trial exemption certificates?
To be issued with a TAC Race/Speed trial exemption certificate the event organiser should submit the rules and/or description of the event to the TAC at least 60 days before the date of the event (at the same time as when a VicRoads event permit needs to be applied for). These rules must comply with the Road Safety Act 1986 and applicable regulations for the TAC to consider issuing a certificate. To help facilitate the request in a timely manner, a copy of the VicRoads event permit application can also be provided to the TAC.
The event organiser should also submit to the TAC a copy of the relevant VicRoads event permit (when approved by VicRoads) to further support the request for the Race/Speed trial exemption certificate.
Applications for a Race/Speed trial exemption certificate can be emailed to firstname.lastname@example.org to the attention of the Senior Manager - External Affairs.
If approved, a formal letter will be provided to the event organiser outlining the terms of the certification.
For information on getting permission to hold an event on a public road in Victoria, visit the VicRoads website at: Getting permission for your event: VicRoads