Policy

The TAC is unable to pay compensation to a person who is injured or dies as a result of a transport accident involving a pedal cycle that is:

• taking part in an organised race or speed trial, or
• in a test preparing for, an organised race or a speed trial

When the person is:

• the pedal cyclist in an organised professional race or speed trial, or
• a spectator at the event, or
• an official or organiser of the event, or
• assisting the competitors in any way at the event, or
• assisting in the holding of the event in an official capacity.

unless the transport accident involves the driving of an unauthorised vehicle or the event has been issued with a Race/Speed trial exemption certificate.

Transport Accident Act 1986 reference: section 41

Definitions

In this policy:

• An unauthorised vehicle means a vehicle which is not participating in the organised race or speed trial.  The TAC considers that this would include a vehicle which does not have express permission to participate in, or to assist in the facilitation and running of the organised race or speed trial.
• An organised race means a Union Cycliste International (UCI) or member body event featuring professional riders that are engaged in cycling as a paid occupation.
• A speed trial an organised pedal cycle event or any part of such 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 (as defined under the Road Safety Act 1986).

Guidelines

What is not considered to be an organised pedal cycle race or speed trial?

If the event is not an event involving professional riders and organised by the UCI, the TAC will not regard the event as an organised race or speed trial.

The TAC will not regard amateur, semi-professional and club cycling events, family day rides or participation rides on public roads as an organised pedal cycle race or speed trial.

For an event that involves professional cyclists, the TAC recommends the event organiser contact the TAC to seek clarification about whether their event, or a component of their event, will be excluded from eligibility for TAC compensation.

When can the TAC waive this exclusion and what factors will be considered?

This exclusion will apply to an organised event or speed trial unless the TAC issues a Race/Speed trial exemption certificate, certifying in writing prior to an event taking place that the exclusion will be waived.

The TAC may consider waiving this exclusion if, following a review of the event information provided, the TAC considers that the event, or a component of the event, does not have the characteristics of a professional organised race or speed trial.

In considering whether an event, or a component of an event, has the characteristics of a professional organised race or speed trial, the TAC may take into account:

• The extent to which a feature of the event, or a component of the event, is a competition emphasising speed from one point to another point;
• The existence and amount of any prize money or professional status that attaches to the participant’s finishing result in the event;
• Whether or not the event, or a component of the event is participated in primarily by professional athletes;
• The degree of risk to the participants;
• Any safety or traffic management plans that have been put in place;
• The nature of any insurance held by the event organiser;
• Letters of support from Victoria Police and a local council (if obtained);
• The purpose and nature of the event;
• Whether or not the event is open to the public to participate;
• The location of the event; and
• Any other relevant factors in the information provided by the event organiser.

Events which the TAC would regard as organised races or speed trials include the following:

• Union Cycliste International Grand Tour, One-Day or Continental Circuit races
• UCI member federation organised professional events and National Road Cycling Championships – such as the 2019 Road National Championship.

When is a pedal cyclist considered to be riding in a test in preparation for an organised race or speed trial?

The TAC considers that a pedal cyclist will be riding in a test in preparation for an organised race or speed trial if their preparation ride takes place in the area of the professional race, for example, warming up or training on the designated track on the day of the event.  If a cyclist is training or preparing for an event on public roads in the lead up to an event, this is not considered a test in preparation for by the TAC, even if the event itself is a UCI One-Day, Grand Tour or Continental Circuit race.

How does the TAC issue Race/Speed trial exemption certificates?

To be issued with a Race/Speed trial exemption certificate the event organiser should submit the rules and/or description of the event to the TAC at least 60 days before the date of the event (at the same time as when a VicRoads event permit needs to be applied for). These rules must comply with the Road Safety Act 1986 and applicable regulations for the TAC to consider issuing a certificate. To help facilitate the request in a timely manner, a copy of the VicRoads event permit application can also be provided to the TAC.

The event organiser should also submit to the TAC a copy of the relevant VicRoads event permit (when approved by VicRoads) to further support the request for the Race/Speed trial exemption certificate.

Applications for a certificate can be emailed to policy@tac.vic.gov.au to the attention of the Senior Manager - External Affairs.

If approved, a formal letter will be provided to the event organiser outlining the terms of the certification.

For information on getting permission to hold an event on a public road in Victoria, visit the VicRoads website at: Getting permission for your event: VicRoads