Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 41

Motor sport accidents excluded

41. Motor sport accidents excluded



(1) The Commission is not liable to pay compensation in accordance with this
Act in respect of a person who is injured or dies as a result of a transport
accident involving a motor vehicle or motor vehicles that are taking part in,
or in a test in preparation for, an organized motor vehicle race or a speed
trial if the person is-

   (a)  the driver of, or a passenger in, such a motor vehicle; or



   (b)  a spectator at the race, trial or test; or

   (c)  an official or organizer of the race, trial or test; or

   (d)  assisting in any way in the holding of the race, trial or test; or

   (e)  assisting competitors in the race, trial or test.

(1A) Subsection (1) does not apply to an organised motor vehicle race or speed
trial-



   (a)  the rules of which require that the race or trial is to be conducted
        in accordance with the Road Safety Act 1986 and the regulations
        applying under that Act; and

   (b)  in respect of which the Commission has certified in writing, the
        circumstances and conditions under which subsection (1) does not
        apply.

(2) In subsection (1) speed trial has the same meaning as in section 68 of the
Road Safety Act 1986.