IANAL An interesting concept, with plenty of pitfalls to be sure, would be an industry-led organization that was dedicated to US amateur racing and trackdays as it specifically relates to track safety (not flags, mechanical tech, etc.) Areas covered could include engagement between track staff and track user group, audits of track configuration that note areas of concern and reasonable mitigation approaches for both track organization and user groups. Standard operating procedures for all providers and track owners as well as dedicated procedures per-track, etc. It could also serve as a powerful expert witness in these types of cases, and may reduce or improve the insurance and regulatory environment. I don't like bureaucracy at all, but sometimes self-regulation prevents it being forced upon. Has this been tried before?
As soon as you do that you increase liability if any of their suggestions/ideas/mandates aren't followed and they will be called as expert witnesses for the people suing.
In my experience, (not motorsport related) it is in how the audit is worded. It would have to be approached from the perspective of reality for the track, and in concert with the track owner/operator. This is all based on if as an industry there was some agreement that regulation was going to happen one way or the other. How long before insurance companies decide to implement this on their own, with expert audits as a requirement for operation? I don't have the inside information on that. I am merely speculating.
A guy I know who owns a track has an audit annually. His insurance company looks at all of those sorts of things and he has had to make changes to run off and corner either stainsst etc.
That makes sense to me. I would have been surprised if that wasn't already happening. I wonder how well it is structured and how it aligns to motorcycle requirements.
We have to compete with the cars, so I think the rich folk would be happy to step in and take up the empty days if motorcycles went away. We actually have a track that doesn't event want bikes, they would rather cater to the cages.
Appeals Court reinstates county suit over Laguna Seca motorcycle crash. Keigwins, and Mazda were both dismissed from the complaint and were not parties to the appeal. Article here: Carmel Pine Cone 12/20/2019
Unfortunately, this is true. Insurance companies already conduct their own analysis as part of their risk assessment. Due to the nature of their business, they can do so under the coverage of legal privilege. An industry led audit (engineering risk or hazard analysis) would be effectively impossible to keep protected by legal privilege. In highly litigatious or high risk industries, you have to be very careful how your risk analysis is structured or it becomes the legal basis for every lawsuit against you.