Commentary on Sections England and Wales
348.Subsection (3) inserts after section 12 of the Road Traffic Act 1988 new sections 12A to 12F, which allow highway authorities to make orders relating to the holding of a race or trial of speed between motor vehicles on a highway in England and Wales. The effect of the new provisions may be summarised as follows:
	a person wishing to promote a race or trial of speed between motor vehicles on a highway may apply to a motor sport governing body for the issue of a permit (new section 12B(1)).
	the motor sport governing body must consult specified persons before issuing a permit (new section 12B(2)).
	the motor sport governing body must issue the permit if satisfied that specified criteria apply (new section 12B(3)).
	the permit must specify the route, arrangements for the approval of the participating drivers, arrangements for the approval of the participating vehicles and arrangements for insurance in connection with the event (new section 12B(4)).
	permits may set out other conditions that the motor sport governing body thinks should be included (new section 12B(5)).
	the appropriate national authority (defined in new section 12B(9)) must by regulations list motor sport governing bodies that are authorised to issue permits (new section 12B(6)).
	these regulations may specify the kinds of races or trials of speed in respect of which each motor sport governing body may issue permits (new section 12B(7)) and may provide that a motor sport governing body ceases to be authorised to issue permits if the rules of the body include (or do not include) specified provisions (new section 12B(8)).
	if a permit is issued by a motor sport governing body, the promoter of the event may make an application (not less than six months before the event) to the highway authority for the area in which the event is to take place, which must be accompanied by the permit, details of any road closure orders required under section 16A of the Road Traffic Regulation Act 1984 (prohibition or restriction on roads in connection with certain events), a risk assessment and any fee required by the highway authority (new section 12C).
	the highway authority must consider specified criteria when deciding whether or not to make an order and may make an order if satisfied that specified criteria apply; whilst an order must specify or include details of the event and other information specified by the relevant national authority and may include conditions which must be satisfied (new section 12D).
	if the conditions imposed on the promoter have been complied with (and if the promoter has taken reasonable steps to ensure that any other conditions are complied with), section 12(1) of the Road Traffic Act 1988 does not apply to the promoter; and, if participants and officials have been approved or authorised and complied with conditions imposed on them, section 12(1) and specified provisions of other road traffic legislation (listed in a table set out in new section 12E(3)) do not apply to them or vehicles used by them (new sections 12E(1) to (3)).
	the appropriate national authority (defined in new section 12E(8)) may by regulations amend the list of legislation that is disapplied but may not add to the list (so as to disapply) sections 3A to 11 of the Road Traffic Act 1988 (motor vehicles: drink and drugs) (new sections 12E(4) and (5)).
	the promoter is liable in damages for personal injury or damage to property, unless it is proved that the promoter has taken reasonable steps to prevent the occurrence of the injury or damage (new section 12E(6)).
	provision is made for the procedure applicable to regulations made by the appropriate national authority for the purposes of new sections 12A to 12E (new section 12F).