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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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The benefits of IOPD Affiliation

For the venue and Event Operator:

  • Peace of mind
  • Freedom from prosecution if operating with non road legal MPVs
  • Freedom from prosecution if running ‘challenging’ or potentially hazardous events
  • Demonstrating a professional and responsible organisation to customers, competitors and regulators
  • Clarification of relationships
  • Reduced likelihood of claims
  • Reducing time dealing with problems arising from any of the above, resulting in a smoother, more efficient, less costly and more profitable operation.

For the venue and the Landowner:

  • Protection from errors or omissions by operators
  • Insulation from prosecution for ‘aiding and abetting’
  • Reduced likelihood of claims.
     
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