John Chatterton-Ross, director of public affairs for the FIM (Fédération Internationale de Motocyclisme) and FIM Europe, has responded to the promising news of Vnuk which emerged on Tuesday. He told BDN: “FIM agrees with members of the European Parliament. The European Court of Justice has a role in interpreting, but not extending EU law. We do not believe that when the Vnuk case was litigated there was any judicial intent to extend road insurance on to the racetrack. The intent was to see that Mr Vnuk was compensated for an accident on a farm yard.
“Also, with the Portuguese case that affects road riders by apparently imposing full road insurance for every vehicle even if it is out of use and off the road, this again makes no sense as collectors of motorcycles, or those with a bike out of use, should be free to make other arrangements. For example taking the risk and not insuring them, or alternatively insuring only against theft or destruction by fire under their house insurance.
“Progress is being made. It is not the end, but it is the end of the beginning as the dossier now moves to the plenary sessions in the EU Parliament and Council,” said Chatterton-Ross.
Meanwhile, the European manufacturers body ACEM has also responded. It says:
“In May 2018 the European Commission proposed a review of the Motor Insurance Directive (MID), aiming at strengthening the rules on motor insurance and to enhance the protection of motor vehicle accidents’ victims. In its legislative proposal the European Commission proposed to clarify the scope of this Directive based on the recent case law of European Union Court of Justice.
“This resulted in a proposal to include motorsports in the scope of the Directive without making a vital distinction between traffic and non-traffic situations. Further to this, a coalition of organisations led by the International Automobile Federation (FIA) and bringing together the European Association of Motorcycle Manufacturers (ACEM), the International Motorcycle Federation (FIM), the All-Terrain Vehicle Industry European Association (ATVEA) expressed their concerns about the damaging consequences of the Commission’s proposal for motor sports in Europe.
“During the parliamentary discussions on the file, the members of the Internal Market Committee (IMCO) of the European Parliament adopted a report recommending excluding ‘vehicles intended exclusively for motorsports’ from the scope of the Directive, as these vehicles are generally covered by other forms of liability insurance and not subject to compulsory motor insurance when they are solely used for a competition. The report also made it clear that it was necessary to draw a line between ‘in traffic’ and ‘non-traffic’ situations in the scope of the Directive.”
ACEM Secretary General Antonio Perlot said: “ACEM welcomes and congratulates the work of the European Parliament and of its rapporteur Ms Dita Charanzova?, who has shown a true understanding of the concerns shared by key stakeholders, particularly the severe implications for motorcycle sports and related leisure activities in Europe.
“The motorcycle industry in Europe calls now on Members of the European Parliament to support the decision adopted by the IMCO committee during the next European Parliament Plenary session that will take place on 13 February 2019 in Strasbourg. A similar approach should be followed by the Council of the EU during the upcoming trialogue negotiations which will take place later in 2019.”