Motorbike rider wins in tribunal after devastating Baskerville ‘ride day’ crash

A Taroona motorcyclist who was seriously injured in a Baskerville Raceway “ride day” has successfully taken on the Motor Accidents Insurance Board. What a tribunal decided >>

Non-competitive ride days are held at the Baskerville Raceway. Picture: Sports Riders Club of Tasmania website

A Taroona motorcyclist who was seriously injured in a Baskerville Raceway “ride day” has successfully taken on the Motor Accidents Insurance Board.

In December last year, Timothy Walpole ended up in the Royal Hobart Hospital following an event aimed at giving riders experience on the track.

The accident occurred when Mr Walpole entered a corner, locked the brakes of his Suzuki 750cc motorbike, which he’d recently purchased in Sydney, and went over the handlebars.

But the MAIB refused to make a payout based on a legal provision that riders injured in races cannot be awarded scheduled benefits.

Mr Walpole and his wife filed an appeal with the Tasmanian Civil and Administrative Tribunal, arguing he had never taken part in a race.

In her newly published decision, tribunal deputy president Alison Clues said on December 17, Mr Walpole rode his motorbike to the Baskerville Raceway at Old Beach to participate in the Sports Riders Club of Tasmania “ride day”.

She said he was driving between 60-100km/h at the time of the accident.

Ms Clues found there was no evidence Mr Walpole was attending the event to take part in a race, noting the club had a permit for a “non-competition practice event” that did not permit racing.

“Track times or outcomes were not recorded during the ride day and no prizes or awards were given,” she said.

“The claimant did not challenge anyone to a race on the day nor did anyone challenge him.”

The MAIB argued the ride day events fell within the category of a race, as it allowed riders to test their bike’s speed abilities – but Ms Clues found there was no evidence that was Mr Walpole’s intention.

“In this case, the evidence is that at the time of his motor vehicle accident, the claimant was doing no more than driving over the track at Baskerville no faster than an ordinary law-abiding member of the public would, and in a manner that an ordinary law-abiding member of the public would for the purpose of familiarising himself with his new motorcycle,” Ms Clues said.

She set aside the MAIB’s decision, and ordered it pay scheduled benefits to Mr Walpole.

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Originally published as Motorbike rider wins in tribunal after devastating Baskerville ‘ride day’ crash