The Victorian Government has engaged with riders to resolve conflict between riders, resident and other forest users.

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There's hardly anywhere to ride legally in NSW.

Land developers, policy exclusion, clowns and noise has resulted in closure of nearly all available areas.

Now there are Environmental problems as riders push into areas they would not have used previously.

Erosion from new track creation, grooving of water diversion banks (roll-overs), creek bank destruction and spreading of weeds and diseases from unwashed machines are all problems now.

FOR IMMEDIATE RELEASE
23 November 2010

RECREATIONAL MOTORCYCLING IS A TOURIST BOOM

The Motorcycle Council of NSW (MCC of NSW) calls upon the NSW state government to immediately introduce Recreational Registration for off-road motorcycles along the lines of the Victorian model.

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Legal Liability

Problems arise when somebody gets injured. It may cost a lot of money for their medical treatment and compensation for loss.

On Road

“Greenslip”, i.e. Compulsory Third Party (CTP) insurance protects the owner/rider against the cost of injuries to others caused by the motorcycle.

• First Party = owner or rider
• Second Party = insurance company
• Third Party = injured person

Greenslip does not cover injuries to the rider, unless the rider is catastrophically injured and needs lifetime care, but only if they were injured on a public road.

If an accident occurs involving a vehicle without CTP insurance, the driver and/or owner may be financially liable for the cost of compensation paid to the injured person.

While the Nominal Defendant may initially pay the compensation claim, the Nominal Defendant will then seek to recover these costs from the vehicle owner.

Sec 39 Motor Accidents Compensation Act 1999 No 41 Recovery from owner or driver

A child cannot be sued for damages, but the owner of the motorcycle, or the adult person who purchased the motorcycle or is responsible for storing it can be sued for damages.

The costs can be frightening and more expensive than your house.

The fine for being Uninsured is the most expensive fine in the Trifecta.

Off Road

Liability for injury compensation is placed on the owner or keeper of the motorcycle.

For instance: a rider on a walking track collides with and injures a bush walker or bicycle rider; or a motorcycle spooks a horse and the rider gets thrown and injured; or a motorcycle rider being stupid collides with another rider.

At law, “a road” is a very broad definition.

Rule 13 Road Rules 2008 What is a road related area

e.g. what appears to be a track on private property may actually be "a road" at law.

Private Property

If you have invited people onto your property, it is unlikely that ordinary “home and contents” insurance will protect you financially if someone is injured by a motorcycle or ATV.

This is significant if there is some “hidden danger” on your place. You may know all about it, but a visitor may not. You may know how to avoid “a danger” and have the skills to do so, while a visitor may not.

As a property owner or lessee, it is worth checking out your insurance cover.

“it was the ultimate bad news waiting to happen”