Update: Does Racing in Michigan have a Major "Minor" Problem?

When I wrote the article (“Does Racing in Michigan have a Major “Minor” Problem”) in January, I wondered how long it was going to take for the first track in Michigan to react to the “waiver liabilty” involving racers under the age of eighteen.


The following information was taken directly from the Mottville Speedway Website.

(“Because of a decision of the Michigan Supreme Court and after checking with our legal counsel we must regrettably announce that no one under the age of 18 may drive a race car at the Mottville Speedway.

Should HB4231 or similar legislation be passed by the Michigan Legislature and become law we will change this policy.

But for now no drivers under 18 and be prepared to prove you are 18!”)

While I find this disheartening I can see Mottville Speedway’s point of view. With the rising costs of insurance in all areas of life you can not blame them for their decision.

Track owners, racers and fans will be closely following House Bill 4231 in the upcoming weeks, but I am not sure if it would be valid to racing if it passes.

Looking at House Bill 4231

THE CONTENT OF THE BILL:

House Bill 4231 would add a new section to the Estates and Protected Individuals Code (EPIC) to allow the parent or guardian of a minor to provide a written release before the minor participated in a recreational activity. Under the bill, a "recreational activity" means "active participation in a recreational sport." The release would apply to liability for economic or non economic damages for a personal injury sustained by the minor during the specific recreational sport for which the release was provided. Other provisions of the bill include:

· The release could only be for a recreational sport sponsored or organized by a nongovernmental, nonprofit organization.

· The release could apply to the sponsor or organizer of the recreational activity, or to an individual who was paid or volunteered as a coach or to help conduct the activity, or to both sponsors and volunteers.

· The release would only apply to liability for injury or death resulting solely from the inherent risks of the sport. A release under the bill would not limit the liability for negligence of the subject of the release, or the negligence of the organization's employees or agents, that causes or contributes to the injury or death of the minor.

· The release would have to be in writing.

How the term “ recreational sport sponsored or organized by a nongovernmental, nonprofit organization” is interpreted in this section of the bill could be a whole new set of problems for racetracks in Michigan

I don’t see how this bill will cover racing. As a coach and a volunteer for many nonprofit organizations including little league sports I hope this bill passes. On the other hand owners are in the business to make money, as are many of the drivers. Will youngsters have to race without receiving any cash rewards? Would the track have to set up an additional non-profit section within their track to accommodate their young drivers?

Stay tuned!