44 after Mr Powell properly drew his attention to the incident of which Motorsport UK were aware.

20. However, Mr Connelly does no more than re-state the fact that an obligation to report arises where even minor injury occurs, and that as the driver failed to stop for the collision, a potential road traffic offence would have to be investigated. The obligation created by s170 of the Road Traffic Act 1988 is an obligation on the driver of the vehicle concerned only. The Act does not impose an obligation on a third party such as a passenger in the vehicle, or an Organiser.

21. In our judgment therefore, the terms of Event Permit number # 201194 do not impose a duty on the Organiser to notify the police of an incident involving injury, as alleged.

22. The scrutiny brought to this issue has been insightful. It seems to us that it is open to Motorsport UK to impose a duty to report on third parties( organisers, co-drivers or officials) even though Motorsport UK cannot invoke the statutory duty that lies on a driver. We recommend that consideration is given to how that duty should be defined, to whom it should apply and in what circumstances with a view to future incorporation within the National Competition Rules.

23. Motorsport UK also point to the duty imposed by the term of the permit that“ Clubs are obliged to remind competitors of their statutory duty to stop and / or report any accident as required by the Road Traffic Act.”

24. The Supplementary Regulations for the event provide( page 8,“ Damage”),“ Competitors are reminded that submitting a damage declaration form does not negate their legal responsibilities if they have been involved in a Road Traffic Collision. Any injury or damage to third parties MUST be reported to the Police and event organisers immediately so they may arrange prompt action or repairs.”

25. There is room for improving the language in both documents in the interests of clarity on this important issue. However, we consider that for these purposes, the language of the Supplementary Regulations is sufficient to discharge the duty imposed on the Club by the terms of the permit.

Ground 1( e) That the Organiser failed to notify Motorsport UK of a serious incident involving injury to spectators in contravention of the ASN Incident Pack. 26.“ Serious Incident” is defined in the Incident Pack as,“ A1. Any incident that results in either a fatal or critical injury as defined below. When such an event occurs, the Clerk of the Course and Motorsport UK Steward must refer to the Motorsport UK Incident Pack and ensure all information required is collected. Fatal injury: an incident that leads to a fatal outcome of an individual within 30 days of the incident.

Critical injury: any injury that leads to long term serious incapacitation or may lead to a fatality.

A2. Any incident that the CMO has identified as causing a serious injury as defined below. When such an event occurs, the Clerk of the Course must complete an‘ Incident Report form’ and ensure that the information required is collected. Serious injury: Any injury that does not fall into the fatal or critical category but requires two or more nights in hospital.”

27. The guidance then provides( our emphasis),“ In both scenarios, the CMO must complete the‘ Medical Statistics Sheet’ and update the Clerk of the Course with any subsequent developments. The Motorsport UK Steward or Senior Official where a Motorsport UK Steward is not appointed shall contact Motorsport UK via the emergency number found on the back of the permit to inform Motorsport UK of the Serious Incident immediately after being made aware. Furthermore, any incident that involves a vehicle entering a spectator area or any injury to a member of the public, official or marshal must be reported, investigated and highlighted to Motorsport UK in the same way as litigation may follow.”

28. Spectator A’ s injuries were swelling and discolouration to his foot and a blow to his chest. He attended hospital for treatment, after which he was discharged with advice. When he made his statement, some 7 weeks after the incident, he was still suffering numbness and discomfort in the foot.

29. Spectator B suffered swelling to her knees, and bruising. She also hit her head when she fell. She attended hospital with Spectator A, but like him was treated as an out-patient. She was nauseous during the following day, but her injuries healed fully. We recognise that Spectator B was advised to rest as a precaution in case of concussion, but no concussion was diagnosed.

30. In our judgment therefore, this incident did not meet the definition of a“ serious incident” as defined in the Incident Pack. It was an incident arguably involving a vehicle entering a spectator area and one in which an injury was caused to a member of the public. The duty to report, since there was no Motorsport UK Steward present, is explicitly on the Senior Official who Motorsport UK describe( see below) as being Mr Ikin, the Clerk of the Course. Nothing states that a duty to report, as alleged, lies on the Organiser.

31. The club officials drew our attention to the provisions in the Incident Pack requiring notification of an“ Incident nearmiss.” This reads, Category( ii), Other – any incident that the Clerk of the Course or Steward deems had potential to cause a serious, critical or fatal injury,” which the Pack directs should be“ recorded and submitted to Motorsport UK.” This category does not require immediate, telephone notification.

32. The Event Steward’ s Report was correctly completed by Mr Harding, indicating( page 1) that there had been injuries, and

Revolution- May 2025