13 August 2003
The purpose of this memo is to put the recent South Island cycle race (Le Race) court action in perspective and apply it to MNZ's situation.
We are aware that it has caused some concern amongst sporting officials in general and specific concern amongst MNZ and club officials. This is a natural reaction to a landmark case such as this.
The main points arising from the "Le Race" case are that Astrid Anderson is a professional event manager, she organised a race that was partly on road and partly off road. The New Zealand Police successfully charged Anderson with criminal nuisance on the basis that it was not clear to the competitors when the road rules applied and when they did not. Unfortunately this resulted in the death of a competitor.
This case has been pending for over two years and is well documented, the issues that come out of it are issues that we have looked at anyway, regardless of whether the prosecution was successful or not.
A good risk management policy ensures that local and international incidents are evaluated regularly and changes made where appropriate. This is not restricted to motorcycle sport.
MNZ does not believe that the "Le Race" case should have any immediate effect on MNZ permitted events. As long as MNZ stewards are officiating according to MNZ rules (Manual of Motorcycle Sport) and policies then there is no possible avenue for action against them. If MNZ officials deliberately and knowingly breach the rules then they maybe open to liability but this was always the case - the "Le Race" ruling hasn't changed it.
MNZ continually maintains a watching brief on local and world-wide incidents that come to our attention and if they necessitate amendments to our rules and policies we will make them.
MNZ has made a number of rule changes based on safety during the last twelve months.
The learning points that we should lift from the "Le Race" affair are in bullet form.
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Always apply all MNZ rules as per the MNZ Manual of Motorcycle Sport
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The riders briefing is compulsory (Rule 6-4). MNZ stewards must (and would be back by MNZ) penalise riders who do not attend.
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If there is any doubt as to whether part of a course is a public road or not, please check. If you are not certain have the event called off.
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The no licence - no ride rule is to be enforced at all times.
MNZ provided steward training in most major and main centres last year, and we are continuing to do so. There should be a training seminar reasonably close to all clubs and stewards every 12 months. Please contact the office for details.
If you are ever in doubt about any stewarding related issue please phone the Stewards 0800 number - the service is free and is a 24 hour 7 day service.
The sport of motorcycling needs stewards - they provide a vital service to the sport - one that is often undervalued.
In the unlikely event that a MNZ Official is prosecuted there is legal defence cover for costs incurred under MNZ's legal defence insurance policy.