FEBRUARY | THE COMMENTATOR
Law matters,
says Martin
Fullard
B
ack in 2014, a Slovenian
man called Mr Vnuk was
injured when a tractor
knocked him off his ladder on a
farm in his native country.
Mr Vnuk tried to claim
compensation, but there was
some consternation over how
the country implemented the
EU Motor Insurance Directive
into its local law. The Slovenian
courts referred a question
to the European Court, to
clarify whether the need
for compulsory third-party
insurance should include use
of a vehicle as a machine rather
than as a means of transport
away from public roads.
The European Court ruled
that the requirement for
compulsory insurance should
cover any use of a vehicle, so long
as that use is consistent with the
normal function.
So how does this affect
motorsport? In essence, the
Vnuk ruling means that all
motorised vehicles would
require insurance even when
being used on private land,
including electric bicycles, quad
bikes, forklift trucks and even
sit-on lawnmowers.
So too the ruling would apply
to motorsport: everything from
cadet karting and mini-moto
riding right up to the highest
echelons of racing. The result
would be that any motor-racing
crash or incident would be
treated under the Road Traffic
Act: it would be uninsurable
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Lifeline for motorsport
“The Vnuk ruling means that
all motorised vehicles would
require insurance even when
being used on private land.”
and therefore motorsport right
across Europe would cease to
exist. Insurers have confirmed
as much.
Bad news indeed.
However, there seems to be
hope that logic is on the verge
of prospering. A resolution to
the Vnuk case has taken a step
in the right direction after an
EU government committee
recommended motorsport be
exempt from new insurance law
wording.
In a report from the European
Parliament’s Internal Market
and Consumer Protection
Committee issued in November,
it was recommended that the
phrase ‘in traffic’ be added to
the law to differentiate from
motorsport.
This, of course, still needs
to be voted through by
the European Parliament,
Commission and Presidency
of the EU, but it’s certainly
good news for the motorsport
community across the
continent.
Motorsport UK chief executive
officer Hugh Chambers said:
“We welcome this latest
development, which appears to
be heading in the right direction,
and will be working with the FIA
to ensure a positive outcome.
“Motorsport UK has been
making the case for excluding
motorsport from the Motor
Insurance Directive since 2014.
The VNUK threat has not gone
away but the direction of travel
is looking more favourable and
we will continue to lobby on
behalf of all our members and
stakeholders.”
Brexit or no Brexit, UK
motorsport event organisers
need to be as vocal as possible.