IOPD, International Organization of Professional Drivers

IOPD, International Organization of Professional Drivers

	Promoters & event organisers		EHOs' Guide
	The liberty of the individual		News & Views
	Insurers' Guide		Drivers' Area
	Effects of Road Traffic Act		FAQs
	Health & Safety Issues		Contacts, enquiries & links

Effects of the Road Traffic Act

The IOPD provides event permits and licenses for exemption from prosecution under the RTA.

For organisers and participants, IOPD helps ensure appropriate safety standards are maintained and audited to recognised standards for the police or other enforcement authorities.

But there hasn’t been any new legislation!

It is under EXISTING legislation that the police have the right to confiscate and crush vehicles used in contravention of Road Traffic Act and it is EXISTING legislation that can enable officials to be charged with manslaughter in the event of a fatal incident. Such charges are being pressed and vehicles are being seized

Who is affected by these draconian measures?

If you operate any off-the-highway events that include mechanically propelled vehicles of any type, the Road Traffic Act as well as Health & Safety at Work legislation now affects you, even if the venue is purpose built.
Although described by some as ‘draconian measures’, all these sanctions now have precedent in law.

But can this be enforced?

It is being enforced, the Government is encouraging enforcement using existing legislation The current Road Traffic Act covers any mechanically propelled vehicle –a category that includes any vehicle capable of moving under its own power, using any number of wheels, or skis or tracks –it covers everything.

Likewise, it also covers any public place. This includes open fields and private land through to permanent, purpose-built venues; in fact anywhere, even within a circuit and including the actual Circuit or Arena.

A nightmare? Not really, the solution is easy with the IOPD, and it’s the way forward. Long term organisations following this route are on their way to a more enduring and profitable business providing social benefit and exciting real-world stimulation and distanced from the ‘cowboy operators’. The IOPD provides bespoke packages for event organisers’ specific requirement for their type of activity, exempting them from prosecution for the most serious Road Traffic Act offences.

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 written permission.
2. Any motor vehicle off the public highway but in a public place (i.e. where the public may have access, including anywhere within a circuit or stadium) 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.

Does this apply to me? Click here for THE CHECKLIST.

If you would like to receive a copy of one of our guides ‘A Guide to the Regulation of Off-road Events’, or ‘What is an Authorisation Permit and When is it Needed?’, please get in touch.

For further information about how the need for authorisation came about and how it can be enforced, please click here.

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.