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. S. 41A inserted by No. 84/1994 s. 6.