Eu Ruling Could Kill British Motorsport

[Andy]

The outcome of a government consultation on a piece of EU insurance legislation could end motorsport in the UK.

 

Yesterday, the Government issued a document for public consultation, which gives an option of implementing the European Court decision known as the ‘Vnuk judgment’.  The ruling makes it compulsory for anyone using any form of motorised transport to have third party damage and injury insurance. This will affect all participants in all forms of motorsport.

 

The insurance industry has made it clear to government that third party risks for motorsport activities are uninsurable, not least because of the sheer number of potential vehicle damage claims that would arise. Therefore, if implemented, the Vnuk judgment would wipe out all legal motor and motorcycle sport activity.

 

In the UK, the motorsport industry employs over 50,000 people, generates a total of £11 billion of sales each year and is backed up by a world-leading high performance engineering industry.

 

Motorcycle competition is a popular UK Sport and generates much needed income in rural areas, with over 1.9 million spectators watching around 58,000 riders attend an average of over 4000 off-road and track events each year.   These range from junior motocross to the British Superbikes, which would all end without the required insurance under the ECJ ruling.* 

 

MCIA, ACU and AMCA call on the government to exempt motor and motorcycle sport from any changes to insurance law which arise from the ECJ judgment.  While the UK remains in the EU, even a temporary implementation of the ruling, as suggested by the Department for Transport in its consultation document, would be fatally damaging to what is an important industry and net contributor to the UK economy.

 

Speaking for the ACU, AMCA and MCIA, Steve Kenward, CEO of MCIA says:

 

 “At a stroke, this would wipe out a successful industry and all the jobs that go with it, as well as eliminating a popular leisure pursuit for 1.9 million people, along with the boost that this gives to both local and national economies. 

 

“If the Government implements the Vnuk judgment un-amended, British motorcycle sport would end in the UK.  Given that we are coming out of the EU, we are astonished that the Government is even considering an option to implement Vnuk.  We call on Ministers to end uncertainty and put a stop to Vnuk in the UK.”

 

Background:

 

The Vnuk judgment imposes compulsory third party injury and damage insurance to all vehicles of any kind when used on any type of land.  As well as affecting all motorsport vehicles, it could affect electric bicycles, sit-on lawnmowers, golf buggies, mobility scooters and even uninsured vehicles parked on private property under the Statutory Off-Road Notification scheme.  The ruling stems from a case involving a Slovenian farm worker, who was hurt falling from a ladder, which was hit by a reversing tractor.

 

Notes

·         You can read the consultation document here: https://www.gov.uk/government/consultations/motor-insurance-consideration-of-the-vnuk-judgment

·         The original judgement arises from Damijan Vnuk v Zavarovalnica Triglav C-162/13.  See: http://curia.europa.eu/juris/liste.jsf?num=C-162/13&language=EN

·         *Figures come from MCIA industry commissioned report.

 

Discuss.

[andrewmorpeth]

A good job we voted to leave then!I get this everyday in my line of work,more and more bureaucracy due to the threat of litigation.We will leave the eu but wether or not it will stop this kind of thing is anyone's guess?

 

[guys]

Do you guys really believe this legislation will be implemented when it means the end of motorsport in the EU? Really? 

The UK isn't the only European country with a substantial motorsport industry.

[baldilocks]

I think under acu insurance the organisers are covered for third party but not the riders. Is there not a way round this if the machine is in an organised event where the injured party has someone to claim against?

[brewtus]

And I thought 'Murica was bad about this type of nonsensical legislation.  Wow.  Good luck, brothers, fight this!

 

Slovenian farm worker falling off a ladder that was hit by a tractor.  Geebus....

[goudrons]

If you live in the EU, it worth ploughing through the consultation document.

 

The ramifcations don't just effect the users of the types of vehicles outlined, (and yes, bumper cars are in scope) but in fact impacts on all motor insurance policies and their costs.

 

Buy any motor insurance and you pay into a pot that the Motor Insurers Bureau uses to settle certain claims (untracable or uninsured types).

I'm certain other EU countries have similar schemes as they all follow the same EU directives.

This pot will need to be considerable enlarged to encompass all the same types of claims from the "newly to scope" vehicle list.

 

It'll increase every motor premium for every type of vehicle.

 

Also, don't pin your hopes on Brexit, the UK still has to comply until it's out of the EU and then some.

The hope is they put a review date (sunset) on legislation so it can be backtracked in future, but you can't see it being on the top of anyones list to unwrap once the UK has left!

[pschrauber]

Mmmh ... probable it will not be eaten as hot as it is cooked now.

With our licences you get a full insurance, our trials has to be insured too when comparing the costs for a trials event in the UK there is no big differences instead our trials seems to be mostly cheaper.

To the licenses they are paid ... much more expensive as I believe but there are different licenses too. Anyway you get with an insurance a complete bundle of insurances you are even insusred for reparation.

Edited December 22, 2016 by pschrauber

[cabby]

Can't wait for this to come on to effect, just had my insurance premium increased by £200 due to a NON fault accident. Insurance companies have us all by the balls, and it's the law, so they must be right......right. 

[jonboy883]

Trouble is, even if we leave the EU, our government will probably implement anyway, as a way to persecute us innocent law abiding motorcyclists.

Let's face it , how differ cult is it to get land to ride on, friendly farmers etc are okay, but when NIMBYs get involved and write to their local MP's we are the ones that always suffer.

This needs to be fought, by everyone involved in off road sport, from manufacturers, dealers, spares suppliers and us at the end of the food chain, as the riders!

Someone quick, give me a petition to sign !

[ourian]

That's definitely the end of Banger racing then

[woody]

Judging from the consultation paper that the Dept of Transport have issued, they have no desire to implement this. They could have implemented this years ago if they had wanted to interpret the original directive in the way that the EU Court of Justice did, which is what's kicked it all off now.

 

It's not just competition that is affected either, it concerns any use of motor vehicles, even on private land

[dadof2]

Trouble is, even if we leave the EU, our government will probably implement anyway, as a way to persecute us innocent law abiding motorcyclists.

Let's face it , how differ cult is it to get land to ride on, friendly farmers etc are okay, but when NIMBYs get involved and write to their local MP's we are the ones that always suffer.

This needs to be fought, by everyone involved in off road sport, from manufacturers, dealers, spares suppliers and us at the end of the food chain, as the riders!

Someone quick, give me a petition to sign !

 

Any chance the ACU will raise a finger to protect our sport?

 

It is things like this that breed sympathy for people such as Thomas mair or Anders Breivik

http://www.badeagle.com/2011/07/27/anders-behring-breivik-a-modern-hero/

 

No matter how tragic the event it gives me hope that when a large centralised bureaucracy tries to force its will on others to the detriment of their traditional way of life some stand up and fight.

[guys]

Are you really promoting an article that suggest that a man, who killed innocent people, children mainly, could be considered a hero?

 

Are you suggesting that we should get out our guns, just because we might have to pay some extra insurance?

 

Are you out of your mind?

[dadof2]

Whether to judge Breivik a hero or not is up to the individual. Certainly there are quite a number of articles on the internet suggesting he is. The point I was making was that you can only push a society so far before some members say "enough is enough" and resort to violence. The line between a freedom fighter and a terrorist is a very fine one, and depending on your point of view not necessarily in the same place.

In the late 1900s there used to be quite a lot of country show motorcycle events in this area. They were either uninsured or the premiums were low. A simple "Motorsport is dangerous" notice was sufficient to indemnify the organisers. The government and lawyers started picking away at this and premiums soared meaning events were no longer viable or helpers risked being individually sued. As a result these many events are no longer held.

There is a case in North Yorkshire where (at a country fair) people could have a ride on a tarpaulin pulled by a tractor across a field. A woman did so and then started a claim for friction burns. The secretary of the event now personally faces a substantial compensation and legal bill. 

I do not know the details of the claim that has lead to the proposed legislation as posted by Andy but I do now that a one size fits all rule across Europe is probably not the answer.

I have written to my MP (well educated and lives locally) on a range of issues and his lack of knowledge or proper understanding of many of these issues is appalling. Put him in a committee situation where lack of knowledge is compounded by having to compromise and often is distorted by vested interests and its no wonder bad decisions / laws are made.

[cornishtwinspring]

Dadof's last paragraph is unfortunately very accurate....