As they say in America, words matter, even single words, and one word is said to be crucial in the case with VNUK – the name given to the legal issue that could end motor sport in the UK and across Europe.
Chris Aylett, Chief Executive of the Motorsport Industry Association (MIA), warns that one word could avoid disaster, adding: “Make no mistake – unless we act now, the VNUK ruling will close all motorsport businesses … Now is the time for the whole European motorsport industry to get behind our clear message and make Brussels hear our voice.”
In an appeal to MIA members, their colleagues and employees, Aylett says: “Please take a look at www.the-mia.com/VNUK to understand our campaign to secure a simple change in the wording of the EU’s proposed Motor Insurance Directive (MID).
“We must persuade MEPs and Ministers to change the wording of the MID before 27 November — just a few weeks away!
“The MIA was founded with the objective to ‘promote and protect the motorsport industry’. As an MIA member, you are part of this collective movement to save our industry and jobs. A proportion of your MIA subscription has funded our work on VNUK over the past three years and is currently supporting the only European-wide effort to raise awareness of this threat to all businesses in motorsport.
“After two intense weeks our campaign in five languages has reached nearly 100,000 Europeans but we are doubling our efforts.
“Our message is starting to be discussed by a few MEPs in Brussels, but we need many more to be aware of this. You can help, please. Now is the time for the whole European motorsport industry to get behind our clear message and make Brussels hear our voice.
“Please contact all the motorsport contacts you know in EU companies, suppliers, and media, direct them to the MIA website www.the-mia.com/VNUK and ask them to act now. All information needed, such as FAQs, letter templates and MEP contact details, are on this web page.
“The MIA represents the needs of our sector and we can only do that with the support of our members. The more members we have, the better equipped we are to do this work – so please encourage non-MIA members to join us, we really need their support now so we can keep fighting on your behalf.
“Thank you for your help – let’s work together and win this challenging race!”
BACKGROUND, ACCORDING TO THE MIA
The latest position follows the “Vnuk” ruling made by the Court of Justice of the European Union (CJEU) in September 2014. This ruling required all EU Member States to ensure compulsory unlimited third-party liability insurance is carried by anyone using any form of motorised transport, in any location – including motorsport.
In May 2018, the EC clarified that this new MID would apply to “any use of a vehicle, consistent with its normal function as a means of transport, irrespective of the terrain on which the motor vehicle is used and whether it is stationary or in motion”. So, any motorsport vehicle (Formula One, Moto GP, race or rally car, motorcycle, go-kart, speedway, drag, etc) must carry insurance which covers personal injury to other competitors AND car to car /bike to bike damage to competitor’s vehicles during any event, anywhere in the EU
However, there is no such motorsport insurance available in the EU which meets the compulsory requirements of the Motor Insurance Directive (MID). Insurance Market specialists, who underwrite the majority of insurance for motorsport across the EU, make it clear that no effective market can, or will in the future, write insurance to meet the specified levels of liability.
To be clear – when this new MID is actively enforced by the laws of each EU State, it will be illegal to race or compete as the compulsory motor insurance required will not be available for vehicles taking part.
All involved in motorsport can demand the text be amended to exclude motorsport. The Directive should state that obligatory insurance will apply “only to vehicles used in traffic”. Vehicles used during motorsport events, on circuits or closed roads, would therefore not require the new level of insurance.
This simple amendment will allow motorsport to continue in all EU Member States.
The Motorsport Industry Association (MIA) www.the-mia.com claims to be the world’s leading trade association for the motorsport and high-performance engineering sectors, “representing the specialised needs of this highly successful industry which, although extending throughout the world and rapidly expanding in the developing nations, is centred here in the UK”.