Action Planned
The Department for Culture, Media and Sport will work with Sport England, HSE, the ACU, the Department for Transport, and other stakeholders to assess possible actions to improve track safety and help prevent future deaths at motocross activities. (AI summary)
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Dear Ms Marsh,
Thank you for your correspondence of 5 February, to the Secretary of State for Culture, Media and Sport, the , enclosing a copy of the Regulation 28 Prevention of Future Deaths Report, concerning Mr Simon Timothy Harding. I am responding as the Minister for Sport, Media, Civil Society and Youth.
I was sincerely sorry to hear about this tragic incident and my deepest sympathies are with the family and friends of Mr Harding.
The safety and wellbeing of everyone taking part in sport is absolutely paramount. There will always be risks associated with participating in motor sports, but it is important that robust measures are in place to reduce the risk of major injuries and health issues. It is the responsibility of individual motor sport event organisers to ensure that they protect the safety and wellbeing of their participants.
Sport England, our arm’s-length body for grassroots sport, recognises motocross as a sporting discipline of motor cycling and recognises the Auto Cycle Union (ACU) as its national governing body. Sport England considers all motor cycling sports to present risk to competitors, so will only fund motor cycling organisations affiliated to the ACU.
The ACU is able to authorise motocross events and venues such as practice tracks under the Motor Vehicles (Off Road Events) Regulations 1995, but this is not a requirement for practice tracks to operate. We understand from the ACU that this tragic incident took place at a private motocross practice facility at a venue not known to the ACU, and the event was not regulated or permitted by them or any other authorising body.
I believe you have contacted the ACU in regards to what track safety standards would be expected had this event been authorised by them. I understand that for events linked to the ACU, a risk assessment document must be completed and the track/circuit must comply with the Track Safety Standards document for Motocross. In addition, the event would need a valid ACU Course Licence which would be issued after an inspection by an ACU Track Inspector for compliance with the ACU Track Safety rules. The event would be run in accordance with the ACU Motocross Standing Regulations, which include minimum medical requirements and would require trained and licensed ACU officials and marshals to run the event.
Regardless of whether an event is regulated or authorised by a governing body, it is important to be clear that health and safety laws apply. The Health and Safety Executive (HSE) applies workplace health and safety law in relation to those with duties under the Health and Safety at
Work Act 1974 (HSWA) and other associated workplace regulations. The activity that Mr Harding was participating in would be arranged as a business activity and those responsible for the event and venue would have duties under HSWA and workplace regulations.
HSE has produced the guidance document HSG112 “Managing health and safety at motorsport events: A guide for motorsport event organisers”. This guidance is primarily aimed at motorsport event organisers and venue owners to assist in their understanding of compliance to their duties under the HSWA. It may also be a useful reference for those who operate business activities where members of the public attend to experience motorsport style activities, commonly known as “track days”.
HSE confirms that health and safety law as currently drafted does not place a requirement for trained first aid staff in relation to participants and spectators, though guidance does strongly recommend that such persons are included in any first aid needs assessment (HSG112, paragraph 159).
In conclusion, I share your concerns about the safety of motocross events held on private facilities without the involvement of an expert organisation such as the governing body. As a result of this tragic case, officials from the Department for Culture, Media and Sport will look to work with Sport England, HSE, the ACU and other relevant stakeholders including the Department for Transport to assess what actions may be possible to improve track safety further and help prevent future deaths at motocross activities. We will set out next steps as appropriate as soon as we are able to.
Thank you again for your important contribution to this issue.