CI communication on road races

RobFowl

Dear Club Official, Provincial Representative,


We would like to provide you with an update on some issues being experienced by clubs running races in the Meath, Fingal area in recent weeks. Firstly it should be noted that these issues being experienced are in no way related to the manner in which previous events have been run by the clubs in this area. There is however a growing challenge for the organisation and clubs to look at the scale of its activities from club leagues, weekend races and sportives and how these are impacting local communities in some regions.

(The following guidance is specific to clubs in the Republic of Ireland; clubs in Northern Ireland have different requirements)

The issue in Meath/Fingal region is due to the authorities in that region requesting clubs who are running races to take out temporary road closures covering the circuit. There is no specific requirement on clubs to notify local authorities of their plans to run an event as the specific section (74) of the Road Traffic act from 1993 has been recently confirmed as not been operable at present. However this may change under new legislation which is currently being prepared in the context of public gatherings and event permits. There is obvious resistance to clubs requesting road closures due to the costs required for advertising the notices in local papers and the potential negative feedback from communities. It is hoped that the concession from Fingal County Council to cover the advertising costs will set precedence for other councils to follow. There is an option of having local access in place to manage some movement during events to facilitated locals during the event. The positive impact to having a road closure in place is that it fully legitimises the race/event activity as the road traffic act is not in force under a road closure. Specifically this relates to riders being more than two abreast on the road and the use of marshals to allow riders ride through junctions without stopping. There is also the safety advantage for the riders especially where field sizes are on the increase.


For now the guidance for clubs is that you can continue to run your events as normal and insurance cover will be in place for all those participating or officiating at the event. However if your club or event promoter receive any formal written notice from either Garda or Local Authority in regard to the event management plan, you are asked to contact Cycling Ireland for further advice. Note: Section 75 of the Act gives the Local Authority the right to seek a Road Closure for any purpose.

Cycling Ireland would like to assure their members this item is being treated as high priority and to date there have been several meetings held with various government departments, including the Minister of Sport, local authorities and senior Garda. The discussions are on-going and whilst some concessions have been achieved and a greater appreciation of the dynamics of cycling events being understood, a workable solution may take some time to been found as most likely some legislative changes will be required.


Sections 74 and 75 of the Road Traffic Act 1993 are included for your reference below

Yours in Sport
Geoff Liffey
CEO Cycling Ireland

Extract taken from - http://www.irishstatutebook.ie/1993/en/act/pub/0014/print.html


Road races.

74.—(1) In this section “road race” means a prescribed class of race, time trial or speed trial on a public road involving persons, vehicles or animals.
(2) A person who intends to hold, organise or promote a road race shall give at least one month's notice (or such other period of notice as may be prescribed by the Minister) in writing to the road authority and to the Superintendent of the Garda Síochána within whose district the road race is to be held.
(3) (a) A road authority may by notice in writing served on a person who intends to hold, organise or promote a road race or, where the name of that person cannot be ascertained by reasonable inquiry, by notice published in one or more newspapers circulating in the area in which the road race is to be held—
(i) prohibit the holding of the road race,
(ii) prohibit the holding of the road race unless specified conditions, restrictions or requirements are complied with,
(iii) impose specified conditions, restrictions or requirements in relation to the holding of the road race which must be complied with.
(b) The conditions under paragraph (a) may include the giving of security or the provision of an indemnity.
(4) Any person who contravenes subsection (2) or a notice under subsection (3) shall be guilty of an offence.
(5) A road authority may recover from a person who holds, organises or promotes a road race, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it—
(a) to facilitate the holding of the road race,
(b) to repair damage to or remove defacement from the public road arising from the holding of the road race.
(6) The Minister may make regulations for the purposes of this section and such regulations may in particular make provision for—
(a) requirements in relation to the making and consideration of objections,
(b) requirements in relation to the giving of security or the provision of an indemnity.


Temporary closing of roads.
75.—(1) A road authority may by order—
(a) for the purpose of facilitating a road race, within the meaning of section 74 , or any other event,
(b) for the purpose of facilitating the carrying out of works, or
(c) for any other purpose,
close a public road to traffic for such specified period and subject to such specified conditions (including the giving of security or the provision of an indemnity) as it thinks fit.
(2) (a) A person who uses a public road in contravention of an order made under subsection (1) shall, unless he is authorised in writing by the road authority to do so, be guilty of an offence.
(b) A person who obstructs or interferes with the holding of a road race or any other event or with the carrying out of works or any activity in respect of which an order under subsection (1) is in force shall be guilty of an offence.
(c) A person who holds, organises or promotes a road race or other event or who carries out works or any other activity in respect of which an order under subsection (1) is in force and who contravenes any condition specified in that order shall be guilty of an offence.
(d) A person who without lawful authority closes a public road shall be guilty of an offence.
(3) A road authority may recover from a person who holds, organises or promotes a road race or other event or who carries out works or any other activity in respect of which an order under subsection (1) is in force, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it—
(a) to facilitate the holding of the road race or other event or the carrying out of works or any other activity,
(b) to repair damage to or remove defacement from the public road arising from the holding of the road race or other event or the carrying out of works or any other activity.
(4) The Minister may make regulations for the purposes of this section and such regulations may in particular make provision for all or any of the following matters—
(a) requirements as to notice,
(b) requirements in relation to the making and consideration of objections,
(c) requirements in relation to the giving of security or the provision of an indemnity.

Drainage, etc. 76.—(1) A road authority may—
.........


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bcmf

so plough on as normal unless there is communication in writing from AGS/Local CC.

Beasty

RobFowl wrote: »

There is no specific requirement on clubs to notify local authorities of their plans to run an event as the specific section (74) of the Road Traffic act from 1993 has been recently confirmed as not been operable at present.

There may be no legal requirement to notify, but CI make it clear you are expected to notify them

Indeed within the section on their website How to organise a Cycling Ireland event, they specifically state

Contact the local council, An Garda Síochána/the PSNI and arrange first aid cover for your event

This letter is certainly misleading on that specific point. I would also take issue with the "recent weeks" comment. Geoff attended a meeting with FingalCoCo and McNally Swords CC 3 years ago when this issue started within the county. It may well be that certain clubs have been making a lot more noise about the issue over the past few weeks, but it has been there for several years

Lusk_Doyle

A "close the stable door" type of statement. Pity the horse bolted so long ago now it's out of sight.

Beasty

Lusk_Doyle wrote: »

A "close the stable door" type of statement. Pity the horse bolted so long ago now it's out of sight.

Wouldn't quite go that far as it does make a very important statement concerning insurance. I presume the insurers are now fully aware of the situation, which gives a lot more reassurance to organisers, racers and marshals. Without that reassurance races really could not take place (and I think that influenced the IVCA in their decision to suspend racing - maybe they should now consider approaching their own insurers)

wav1

Beasty wrote: »

There may be no legal requirement to notify, but CI make it clear you are expected to notify them

Indeed within the section on their website How to organise a Cycling Ireland event, they specifically state

This letter is certainly misleading on that specific point. I would also take issue with the "recent weeks" comment. Geoff attended a meeting with FingalCoCo and McNally Swords CC 3 years ago when this issue started within the county. It may well be that certain clubs have been making a lot more noise about the issue over the past few weeks, but it has been there for several years

I would imagine that is dated info now and needs to be changed,now that 74 is inoperative.

wav1

I once asked a board member his opinions etc on 74 and contacting authorities etc and his answer to me then is very relevant just now
''If you don't want to know the answer to something you should never ask the question''

Beasty

wav1 wrote: »

I would imagine that is dated info now and needs to be changed,now that 74 is inoperative.

S74 was always inoperative (and I made that statement to Fingal CoCo at the meeting Geoff attended). The RoTR and in particular the wider road traffic legislation has been in place throughout the time these discussions have been taking place and it was the knowledge that any road race would inevitably fall foul of those laws that meant the club would not race within Fingal (knowing the approach of the local Gardai on that issue)

The point is though that those "instructions" (or guidelines) have been in place for a number of years. Clubs should follow the requirements of CI on such matters. If they are now saying we have no need to notify the authorities they should change that wording as affiliated clubs really should be following the guidelines of the governing body (as not to do so may well jeopardise the insurance situation itself)

wav1

Bottom line is where a local authority ''formally''request a road closure and a promoter ignores it,then the insurance is invalid..That is the position.Otherwise its continue as usual[albeit with a very upped game plan]

Beasty

wav1 wrote: »

Bottom line is where a local authority ''formally''request a road closure and a promoter ignores it,then the insurance is invalid..

RobFowl wrote: »

Note: Section 75 of the Act gives the Local Authority the right to seek a Road Closure for any purpose.

To be clear, and despite Geoff's comments above, s75 does not give the local authority any right to "request" a closed road. It gives them the right to close it themselves (which may or indeed may not be at the request of the promoting club)

RobFowl wrote: »

Temporary closing of roads.
75.—(1) A road authority may by order—
(a) for the purpose of facilitating a road race, within the meaning of section 74 , or any other event,
(b) for the purpose of facilitating the carrying out of works, or
(c) for any other purpose,
close a public road to traffic for such specified period and subject to such specified conditions (including the giving of security or the provision of an indemnity) as it thinks fit.

Hi Ho

Beasty wrote: »

There may be no legal requirement to notify, but CI make it clear you are expected to notify them

Indeed within the section on their website How to organise a Cycling Ireland event, they specifically state ...

CI should probably be more careful in its wording. Re above, it says "There are certain steps that you need to take before running your event". Are these 'rules', 'guidelines', or what? Within that article there are some 'rules' and some 'guidelines', but which is which is not clear.

Then again, 'Guidelines' are now generally taken to be 'rules' - i.e. if you don't follow 'guidelines' you are a baddy even though, by definition, a guideline is on an advice.

wav1

Twitter is suggesting that some good news has come out of a meeting between Swords CC and Meath Garda..All good I hope.

Beasty

Good at Club League level, within the Ashbourne area anyway

Cond0r

wav1 wrote: »

Bottom line is where a local authority ''formally''request a road closure and a promoter ignores it,then the insurance is invalid..That is the position.Otherwise its continue as usual[albeit with a very upped game plan]

The local authority don't have a legal basis to formally or informally "request" a road closure.

This is one of the inaccuracies in the statement from CI. Section 74 gave them this "power". Section 75 simply gives them the power to close a road (and apply whatever conditions on that road closure), it does not give them the ability to say when a road closure is or is not necessary.

wav1

Cond0r wrote: »

The local authority don't have a legal basis to formally or informally "request" a road closure.

This is one of the inaccuracies in the statement from CI. Section 74 gave them this "power". Section 75 simply gives them the power to close a road (and apply whatever conditions on that road closure), it does not give them the ability to say when a road closure is or is not necessary.

That's the wording I got from CI insurers,so I don't know?TBH im just pleased we are insured and able to plough on for now.