GETTING IT WRONG ABROAD
Riding on foreign trackdays isn’t as simple as it used to be. Here’s what you should know…
Q A few of us are off to a trackday in the south of Spain. Now that we are outside of the European Union, does it make any difference to us?
A Yes. There are a few differences now (in 2024) and more likely to come. First, if you are loading your bike into a stillage for transportation down to Spain, the vehicles and kit etc. must be listed on a Carnet. The good news is that one single Carnet can cover multiple items being transported. So, if you book with Focused Events or Redline Trackdays, they will organise the Carnet for you. It does mean lots more paperwork for you to fill out as the Carnet needs to list the items being transported into (and hopefully back out) of the European country. The point of a Carnet is to allow the tax-free and duty-free (temporary) importation of goods into a European country; Think of it as a temporary passport for those goods. If we didn’t have these documents, it would mean you have to pay import tax on your Ducati Panigale to the Spanish authorities and then get a rebate when you leave again. It just isn’t workable (or affordable!).
A Carnet can last 12 months, so you can have the benefit of using it multiple times across Europe. Brno circuit look tempting? Get all your trackdays booked in. However, you might find that the organiser charges you for each and every time you book (despite the Carnet being valid for 12 months) as there is lots of administration involved in ensuring each trip properly records the contents of the stillage. There is no better way to put a stop to the whole transportation of goods than a checkpoint finding items which aren’t on the Carnet!
If you are unlucky enough to have a crash at a European race circuit, you are unlikely to be able to bring a claim in the UK courts. As we are no longer a Member State of the European Union, it means the UK courts no longer have jurisdiction to hear foreign cases. I used to do a lot of cross-border litigation in France and Germany, where a biker had come a cropper on the roads. All that has stopped with Brexit. You still have a legal remedy, but that is to bring your claim in the home court of the country you are in. This can be tricky, as Spain has a one-year limitation for injury claims, notwithstanding you are not resident in the country and might not speak Spanish. Good luck finding a ’no win, no fee’ lawyer to help you.
This doesn’t apply if there is a UK element to your claim, i.e., the other rider who knocked you off is also from the UK, or if you were unlucky enough to suffer a failure of a part. I am currently dealing with a carbon fibre wheel which shattered on a trackday. As it was purchased in the UK, by a UK buyer, the contract was formed in this country, meaning it is irrelevant where the accident happened. The biker can still bring a claim in the UK. So, in short, Brexit is as clear as mud. With more fun to follow…