Australian Capital Territory
Road Transport (General) (Application of Road Transport Legislation) Declaration 2010 (No 1)
Disallowable instrument DI2010—28
made under the
Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation)

EXPLANATORY STATEMENT

Subsection 12(1) of the Road Transport (General) Act 1999 (the Act) empowers the Minister to declare that the road transport legislation does not apply to a road or road related area.  Subsection 12(3) of the Act makes such a declaration a disallowable instrument.

This instrument declares that the road transport legislation does not apply to a road or road related area that is a special stage of the Brindabella Motor Sports Club Sponsor Day to be held on 13 March 2010.

The roads used for these purposes are ACT Forest roads.

The event is held under the auspices of the Confederation of Australian Motor Sport (CAMS).  The CAMS Motor Sport Policy provides up to $100 million of general liability cover for any one occurrence, subject to the terms, conditions and limitations of the Policy.  In particular, the CAMS Policy excludes participant-to-participant claims for drivers, entrants or crew in competing vehicles.  However, this Policy does not operate where Compulsory Third Party (CTP) insurance is in force, except where specifically excluded by law.

The declaration has the effect that the Road Transport (Third-Party Insurance) Act 2008 does not apply during the special stages of the event and the associated activities.  The effect of this is to enable the CAMS liability insurance to take over responsibility for any resulting motor accident injury claims.

The declaration also has the effect of suspending the other elements of the road transport legislation during the special stages of the event but not at any other time.  All competing vehicles are required to be road registered and to have CTP insurance.

The declaration expires on 14 March 2010.