The liberty of the individual to engage in dangerous but
otherwise harmless pastimes
Beware! Those involved with racing or ‘dangerous’
driving (or riding), where the public can gain access,
including the infield and circuit or arena are liable to
prosecution.
Thrills, spills and the challenge
of brinkmanship
As a result of Chief Police Officers’ requests for wider
powers to cover off-road situations (i.e. not on the
highway), the Road Traffic Act’s Off Road Regulations came
about. The Road Traffic Act was extended to cover
off-highway.
The other side of the coin means that otherwise
law-abiding organisers and participants in such events are
potentially criminalized; even when this is on private
property and in fenced off areas. This can include:
• Vehicles not meeting road going specification
• Driven or ridden without appropriate licenses
• Driving in a manner or at a speed not permitted on the
road
However, the Off Road Regulations do provide for
dispensation to legitimate auto and related events. Many are
covered by the associated recognised Governing Bodies and
their rules.
But these are just the tip of the iceberg: there is a
huge amount of motorsport from the grass roots level
upwards; as well as all the commercial activities such as
experience days, stunt and driving displays, exhibitions,
museums, manufacturers, moving vehicle displays, farmers
with quad biking and 4x4 activities, country estate safaris.
All involve mechanically propelled vehicles in a public
place, the risks are different to everyday life and there is
the challenge of brinkmanship, in non-standard or highly
modified vehicles.
At the outset of the Association of Authorising Bodies in
1992 (and due to the widely variety of activities covered by
the IOPD) the IOPD produced the Motor Vehicles Off Road
Events Regulation Discussion Document. This clarified the
new legislation and the common agreed interpretations and a
consensus of understanding how the legislation would be
implemented on a day-to-day basis. This guidance document
was widely acclaimed by Chief Police Officers, who also
forwarded it to other interested parties.
The IOPD was identified by the DoT (as it was then) as
the best experts to represent the commercial sector and to
introduce motor sports risk management systems to all forms
of auto leisure activities.
For further details regarding legal precedent, please go
to the liberty of the individual and ‘Volenti Non Fit Injura’.
Does this apply to me? Click here for THE CHECKLIST.
What is an Authorising Governing
Body?
In 1992, 27 organising groups applied to the Secretary of
State and under Statutory Instrument No 1370 eleven were
made ‘Authorising’ or ‘Governing Bodies’, able to inspect,
approve and sanction off-highway venues and issue
Authorising Permits exempting all involved from prosecution
for the most serious motoring offences.
These eleven organisations or Authorising Governing
Bodies are today still the only official organisations that
can by law issue permits of Authorisation. In addition to
The International Organisation of Professional Drivers, they
are:
-The Royal Automobile Club (now the Motor Sports
Association or MSA)
-The Amateur Motor Cycle Association Ltd
-The Association of Land Rover Clubs Ltd
-The Auto Cycle Union Ltd
-The British Schoolboy Motorcycle Association
-The National Autograss Sport Association Ltd
-NORA 92 Ltd
-National Traction Engine Trust
-The Youth Motorcycle Sports Association (YMSA) Ltd
-The Scottish Auto Cycle Union Ltd
If you would like to receive a copy of ‘A Guide to the
Regulation of Off-road Events’, or ‘What is an Authorisation
Permit and When is it Needed?’ please
get in touch.
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