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Health & Safety issues

Health & Safety Officers’ issues

Since the Government introduced the Off Highway Regulations in 1992, motorsport and auto events can be divided into two types: authorised and unauthorised. Authorising Permits are approved by one of the eleven Authorising Bodies. These include: the RAC, ACU, Association of Rover Clubs, Amateur Motor Cycle Association, British Schoolboy Motorcycle Association, National Autograss Sport Association, Scottish ACU, Youth Motor Cycle Sporting Association, NORA, National Traction Engine Trust as well as The International Organisation of Professional Drivers – the IOPD.

The Health & Safety Executive uses these Organisations’ Codes of Practice as the base line for Off Road Events. The Association of Authorising Bodies represents a recognised multi-billion pound industry by the Government and events conducted under their Authorisation Permits are granted immunity from prosecution under the 1992 Regulations. Unauthorised Events are those which are not conducted under Permit of Authorisation and in which participants, organisers and landowners alike are all liable to prosecution if:

  • Vehicles are not entirely road legal (apart from Road Tax)
  • Drivers are not appropriately licensed
  • Driving is not of a safe and reasonable standard as would be expected on a public road
  • Driving is dangerous, and is such that it could cause the death of another person
  • Driving is conducted without due care and attention or without reasonable consideration for another person

Also, under Section 22 of the Health & Safety at Work Act 1974, an Inspector may issue a Notice immediately stopping any event where he perceives there is a serious risk to safety. Or he may, as a result of an accident, bring a prosecution against an organiser with the potential of up to £20,000 in fines or a prison sentence in extreme circumstances.

Increasing government remit to align the UK with EU laws

It may only a matter of time before the UK adopts and streamlines with EU legislation; in recent years organisations have been pressing the Department for Transport for a government directive to align the UK with EU laws. For example, this would mean penalties for driving offensives are transferred to all countries, as well as being recognised here in the UK.

There is also growing public unrest over the increasing numbers of mechanically propelled vehicles, from moto-x in housing estates to 4x4s on bridleways, noise abatement, planning and other issues, and as a response to health & safety issues following serious injuries and fatalities.

Click here to receive your copy of ‘Health & Safety and Environmental Health Officers Guidance to Off Road Event’.

When is an Authorising Permit required? Click here for THE CHECKLIST.

If you would like to receive a copy of ‘Health & Safety and Environmental Officers Guide to Off-road Events’, please get in touch.
 

The Checklist of IOPD

Permits of Authorisation

Permits of Authorisation document a system that recognises the possibility that dangerous and careless driving may occur at auto events and exempts those involved from prosecution under the Road Traffic Acts on the assumption that the risks were entered into knowingly by the participants. Health & Safety Enforcement Officers can be guided by the rules of the Authorised Off Road Events’ Governing Bodies. The Health & Safety Newsletter for Local Authorities in October 2005 stated: "If an event is not authorized then it is unlawful and a police officer can be requested to stop it at once."





























As each case or situation may have many variables, this information is offered as general guidance only. For specific guidance, which is to be relied on, please engage an appropriate legal practitioner. © IOPD International Organisation of Professional Drivers. All rights reserved.