Vnuk, days left to react. If you race or do track days the EU may effectively stop it

Chris Wilson · 11 Oct 2017 at 17:19

https://msa.informz.ca/informzdatas...laWQ9ODczMTgwJnN1YnNjcmliZXJpZD05MDA4MTc1MDk=

This could have far reaching repercussions to motorsport and track days in the UK, either affecting its very viability, or raising costs dramatically. Compulsory third party insurance for vehicles used on track, competitively or on none competitive track days. Being one of the world's greatest Eurosceptics it comes as no surprise that a European court is further meddling in our affairs, please read the RAC MSA stuff in the link above and respond as you see fit, time is now short.

Hotwired · 11 Oct 2017 at 17:30

Can you enlighten me as to why this is any different/worse to having insurance on the road.

Marvin · 11 Oct 2017 at 20:24

This ruling is not to do with motorsport specifically, but was originally to do with agricultural vehicles (which are not normally insured if on private land). As I understand it, the ruling stated that the third party liability cover (mandated on publicly accessible land under the Road Traffic Act in the UK, and similar in the rest of the EU) would have to extend to all land so that should a member of the public be injured the insurer would be able to pick up the costs (as injuries can cost millions and individuals aren't setup to pay these costs). Therefore, the ruling suggests that the RTA would need to be extended, mandating third party cover for all vehicles used in a manner consistent with expectations of a vehicle.

Unfortunately, this fairly reasonable ruling has a knock-on effect on many other areas, including motorsport (and ride on lawnmowers for example). However, I was under the impression that all motorsport events and tracks etc would have third party (public) liability insurance for this exact reason, covering competitors should an incident involving them cause injury to a marshal, spectator or member of the public. Whether this means they could get an exemption is unclear - whilst each vehicle isn't specifically covered, the liability resulting from the event (including driving incidents) would be.

Marvin · 11 Oct 2017 at 22:11

Reading further into it, the specific issue that it has on motorsport is that it expects the competitors to be covered against each other, which would have course be prohibitively expensive (just look at a typical Goodwood race with cars worth multi-millions and some very minted competitors) for many. I'm sure a motorsport exemption could be arrived at - the competitors all know the risks and accept that they cover any damage or injury incurred themselves. As I mentioned, third party cover is already in place for the spectators and organisers, just not the competitors or cars themselves. Hopefully a resolution can be found.

Chris Wilson · 12 Oct 2017 at 14:57

We have until October 20th to respond to this important EC consultation, details of which are attached - if we fail to secure the amendment we seek then the likely outcome is that all motorsport activity, in every EU Member State, will cease.

All involved in the business and organisation of European motorsport need to act NOW to overcome this genuine threat to our own future and that of our employees and sport, from the unintended consequences of action taken by the European Commission (EC).

The Motorsport Industry Association (MIA), along with others including the UK Department for Transport, has been fighting to resolve this issue for more than two years, on behalf of our members and the wider EU motorsport community. Now, with your personal leadership and action, it is possible for us to resolve this.

In simple terms, the EC plans to issue a new Motor Insurance Directive, as a result of which all EU Member States must put into their National Law compulsory and unlimited third-party liability insurance to cover personal injury between motorsport competitors and car-to-car damage during any competition – from Formula One, Moto GP, World Rally to karting, historic and grass roots, whether regulated by the FIA or FIM or not.

However such widespread unlimited new insurance is not currently and, we understand, will not in the future be available - so motorsport will be unable to continue anywhere in the EU.

Please respond BY OCTOBER 20th to the EC Review Consultation:

https://ec.europa.eu/info/consultations/finance-2017-motor-insurance_en

by using the simple ‘MIA Response Guidelines’ which can be downloaded here:

http://www.the-mia.com/assets/miaresponseguidancetovnukmideuconsultationv4.pdf

This will take LESS THAN TEN MINUTES – a short time commitment to keep motorsport alive, and the jobs it supports, in place.
It is most important that you estimate, if motorsport were to cease, how many jobs will be lost directly from your organisation and indirectly by your suppliers or the sport, as this significant economic impact will influence the European Commission.

We really must work together to make the European Commission fully aware of the economic importance of motorsport and the employment which our sport and industry provides across the European Union. Please forward this email to fellow drivers, friends, car preparation companies and other motorsport contacts.

Entai · 12 Oct 2017 at 17:12

This is all hype about nothing.

The application of Vnuk in the UK cannot happen overnight.

the application of insurance onto motor vehicles and when it is needed or not, is specified within the Road Traffic Act, in particular Sections 143, & 145.

All this will do (if the government decide to apply Vnuk) is lead to a review of the Road Traffic Act. S.143 and s.145 where it currently restricts the duty to take out third party motor insurance to the ‘use of a motor vehicle on a road or other public place’, which would conflict with the wider intention of the Motor Insurance Directives as now held to be in Vnuk.

There will now need to be a full review of the compulsory motor insurance requirements of the Road Traffic Act 1998 in terms of the definition of ‘vehicle’ and “use” extending it beyond the road and removing any restriction or exclusion on use of a vehicle. Albeit some, but not all, motor policies already cover drivers on private land.

Subject to this amendment the ruling should not fetter an insurer’s right to exclude liability, or restrict limitations of use, by way of contractual agreement between insurer and insured, save for those specific exclusions prohibited by the Road Traffic Act.

The British court case EUI v Bristol Alliance Ltd 2012 ruled that the scheme of the Road Traffic Act coupled with the Motor Insurance Bureau arrangements, satisfied the aim and spirit of the Motor Insurance Directives, to enable third party victims of accidents caused by vehicles to be compensated for all damage to property and personal injuries sustained by them.

I.E. we already have a situation where everyone is already covered, and we do not need extra legislation specific to certain areas of vehicular movement.

The main thing to consider is the review and any possible amendment to the Road Traffic Act, will take many years to get through British Parliament, so NOTHING will happen in the UK with regards to Motorsport within the next 3 to 4 years.

By which time we will be well out of Europe and not have to abide by any of its regulations or legislation.

Marvin · 12 Oct 2017 at 20:55

Don't be so sure on that last part - it depends upon whether the agreement we end up with is 'hard' or 'soft'. If the former, you may be correct, if the latter, we may end up in a similar state to Norway, whereby they still have to abide by the majority of the EU's legislation, including the MID.