Road Traffic Act and how it affects you
The 1991 Road Traffic Act is very specific in its control
provisions:
1.No mechanically propelled vehicle may lawfully proceed
more than 15 yards from a road, unless it is moving to a
recognised parking place, without the landowner’s
permission.
2. Any motor vehicle off the public highway but in a
public place (i.e. where the public may have access) MUST
meet the full Road Traffic Act requirements (except that
Motor Tax need not be paid if not on a publicly maintained
road) and MUST be driven by a properly qualified and
licensed driver, who is insured under a road risk policy.
The only exception to this is when the person riding or
driving can show that they were driving in accordance with
an Authorisation Permit for a motoring event issued under
regulations made by the Secretary of State and issued by one
of the authorising bodies named in the statutory instrument.
This legislation clearly defines event operators’
entitlements as to when, where and how their events might
take place, so that a person shall not be guilty of an
offence. (Department of Transport Guidance Note HGU9227)
Under these regulations a person ‘shall not be guilty of
an offence even if it would be obvious to a competent driver
that driving in that way would be dangerous or careless.’
(Section 2 (b) RTA 1991)
Without this exemption, dangerous driving carries a
custodial penalty. Careless driving carries a community
punishment and rehabilitation order of up to 100 hours plus
a substantial fine.
To protect the right of people taking part in any type of
auto or motorcycle leisure activities or sports whilst aware
of the dangers and risk they were running, even a person who
causes the death of another person by driving a mechanically
propelled vehicle dangerously shall not be guilty of an
offence under Section 1,2 or 3 of the Road Traffic Act by
virtue of driving a vehicle Off Road in a public place, if
they show that they were driving in accordance with an
Authorisation Permit for a motoring event given under
Regulations made be the Secretary of State and issued by an
Authorising Body. (Section 13A RTA 1991)
Without this exemption, death by dangerous driving
carries a maximum of up to 5 years imprisonment.
Through the Accessories and Abettors Act 1861 offences
also extend to include event organisers, their agents and
staff.
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