41Sport accidents excluded

41 Sport accidents excluded

S. 41(1) amended by Nos 127/1986 s. 102(Sch. 4 items 29.2, 29.11), 49/2018 s. 6(2)(a)(b).

(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, or a pedal cycle or pedal cycles that are taking part in, or in a test in preparation for, an organised race or a speed trial if the person is—

S. 41(1)(a) amended by Nos 127/1986 s. 102(Sch. 4 item 29.2), 49/2018 s. 6(2)(c).

(a) the driver of, or a passenger in, such a motor vehicle or the rider of such a pedal cycle; 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.

S. 41(1A) inserted by No. 84/1994 s. 30, amended by No. 49/2018 s. 6(3).

(1A) Subsection (1) does not apply to an organised race or speed trial—

S. 41(1A)(a) amended by No. 73/1996
s. 97(c).

(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.

S. 41(1B) inserted by No. 49/2018 s. 6(4).

(1B) Despite anything to the contrary in subsection (1), the Commission is liable to pay compensation in accordance with this Act to a person—

(a) who is riding a pedal cycle as part of, or in a test in preparation for, an organised race or speed trial; and

(b) the person is injured or dies as a result of a transport accident involving the driving of an unauthorised vehicle.

S. 41(1C) inserted by No. 49/2018 s. 6(4).

(1C) In subsection (1B), unauthorised vehicle means a vehicle that is not participating in the organised race or speed trial.

S. 41(2) amended by No. 127/1986 s. 102(Sch. 4 item 29.12), substituted by No. 49/2018 s. 6(5).

(2) In this section, speed trial means an organised motor vehicle or pedal cycle event, or any part of such an event, that is a competitive test of speed an object of which is, or requires for its attainment, the travelling over a distance in the shortest possible time, but does not include an event, or any part of an event, in which it is a condition of participation that participants comply with all applicable road laws.