MINUTES OF THE FIRST MEETING (2007 SESSION) OF THE NATIONAL COUNCIL OF THE
AUTO-CYCLE UNION LIMITED HELD AT ACU HOUSE ON SATURDAY 19th MAY 2007
Present: Chairman Mr J Parker
President Lt Col (Ret’d) E P Bartlett
Vice-President Mr C Moram
Cheshire & N Wales Vernon Leigh National Council Delegate
Cornwall John Stone National Council Delegate
Eastern David Smith Chairman
Alan Foskew National Council Delegate
East Midland Mark Jessup Chairman and National
Council Delegate
East South Wales Sue Payne National Council Delegate
John Cadogan Centre Secretary
East Yorkshire Pauline Wood National Council Delegate
Isle of Man Ian Murphy National Council Delegate
Midland Brian Webster Centre Secretary
Mid-Wales Annie Bates National Council Delegate
Northern Robert Wilson National Council Delegate
North Eastern Ian Reaveley National Council Delegate
North Western Mel Simpson National Council Delegate
SACU Eric Jones National Council Delegate
Norrie Lamont SACU
South Eastern Colin Boniface National Council Delegate
Jamie Clarke South East Centre
Southern Barry New National Council Delegate
Chris Fletcher Centre Secretary
South Midland John Coles National Council Delegate
South Western Colin Somers South Western Centre
Wessex Frank Sweeting National Council Delegate
Paul Hearn Wessex Centre
Western Jon Willis National Council Delegate
West South Wales Russell Evans West South Wales Centre
Yorkshire David Loney National Council Delegate
Phyllis Stephenson Chairperson
Non-Territorial Board Peter Maddocks Non-Territorial Board
Margaret Mellish General Secretary
Phil Tomlin National Council Delegate
Deputy Chairman Frank Carter
Financial Director Brian Bonny
Director Peter Beardmore
Director Eddie Bellars
Director Roger Brown
Director John Collins
Director Roy Humphrey
Director Tony Noel
Environmental Chairman Peter Gregory
Technical Chairman Dr Paul King
Business Development Officer Dave Luscombe
Road Race Manager Eddie Nelson
Colin Armes Honorary Member
John Bussell Honorary Member
Don Ryder Honorary Member
Ken Sprayson Honorary Member
General Secretary Gary Thompson MBE BEM
Item 1: Apologies for Absence:
Apologies were received from: Mrs Ayres, Mr Berisford, Mr Burrell, Mr Clarke, Mr R Collins, Mr Cullum, Mr and Mrs Edwards, Mr Hanks, Mr Hillaby, Mrs James, Mrs E Jones, Mr E Jones, Mr King, Mr Livesey, Mr Puckett, Mr R W Smith, Mr Tyrell and Mr Williams.
Item 2: To Confirm Minutes of the second NC meeting held on 4th Nov 2006
Proposed by Mr Leigh and seconded by Mr Murphy that the minutes of the second National Council meeting held on 4th November 2006 be accepted as a true and accurate record of the meeting. This was agreed unanimously.
Item 3: Matters Arising
RHL Activities Ltd
The Chairman updated the meeting on the latest position regarding the ongoing legal action against RHL Activities Ltd.
Item 4: Election for the vacant position of Vice President
The General Secretary outlined the procedure for the election for the vacant position of Vice President. The voting strength was 23, therefore to be successful, a candidate required 12 votes to be elected to office (50% + 1 vote). Mr Bartlett and Mr Moram kindly agreed to act as the independent tellers for the election.
Candidates were as follows:
Mr D Banks, Mr J Coles, Mr M Francis, Mr K Lywood, Mrs M Mellish, Mr D Ryder,
Mr W A Smith (Chester) and Mr R W Smith (Derby).
Round One: D D Banks 1 vote, J Coles 1 vote, M Francis 1 vote, K Lywood 3 votes,
Mrs M Mellish 7 votes, D Ryder 2 votes, W A Smith 4 votes and
R W Smith 3 votes.
1 x spoilt paper Total 23 votes accounted for.
Votes Cast:
Mr Banks: North Western
Mr Coles: South Midland
Mr Francis: Midland
Mr Lywood: Southern, South Western and Wessex
Mrs Mellish: Cornwall, Eastern, East South Wales, Mid Wales, South Eastern and Non-Territorial Board x 2
Mr Ryder: East Midland and SACU
Mr W A Smith: Cheshire & N Wales, Isle of Man, Northern and West South Wales
Mr R W Smith: East Yorkshire, North Eastern and Yorkshire
Proposed by the East Midland Centre and seconded by the Eastern Centre that Round Two be conducted as per the voting procedure carried out by the FIM and UEM. All agreed except the Wessex and Yorkshire Centre – both abstained. (The two candidates polling the highest votes in the first round to proceed to the second.)
Round Two: Mrs Mellish 12 votes, Mr W A Smith 9 votes.
Mrs Mellish: Cornwall, Eastern, East Midland, East South Wales, East Yorks, Mid Wales, South Eastern, South Midland, Yorkshire, SACU, Non-Territorial Board x 2.
Mr W A Smith: Cheshire & N Wales, Isle of Man, Midland, Northern, North Eastern, North Western, Southern, Western, West South Wales.
Abstentions: South Western, Wessex
The Chairman congratulated Mrs Mellish on successfully being elected as a Vice President for a period of three years. Mr Leigh conveyed Mr W A Smith’s congratulations to Mrs Mellish as being the successful candidate elected to this important Honorary position.
Item 4.1 Honorary Members of the ACU
As indicated in previous correspondence (General Secretary’s letter dated 16th March), it was the Board’s wish that the National Council consider appointing those candidates not successful in the elections for Vice President as Honorary Members as all the candidates had given a lifetime’s service to the ACU. It was noted that Mr Ryder and Mr R W Smith were already Honorary Members.
Mr Cadogan thought it was wrong for someone to become a Honorary Member almost as a second choice. The Chairman stated that in this case, the Board of Directors thought the proposal to be entirely appropriate given those individuals who had been nominated and the contribution they had made to the Sport.
Mr Sprayson guarded that this may set a precedent and should be seen as a separate proposal. Mr Jessup agreed with the Chairman that this consideration had been put forward as a separate proposal and the Chairman informed the meeting that this would not set a precedent for future elections for the posts of Vice President and that any future nominations for Honorary Members should be made in the traditional manner through the General Secretary as an item for the Agenda.
After further discussion the Chairman asked for everyone’s approval that those nominated were eligible for Honorary Membership. The following were returned as Honorary Members unopposed:
Mr D Banks, Mr J Coles, Mr M Francis, Mr K Lywood, Mr W A Smith. As stated above Mr Ryder and Mr R W Smith are already appointed.
The Chairman offered the congratulations of the Board and the National Council to each of the new Honorary Members.
Item 5: Items for Discussion:
5.1 New ACU Basic Insurance Cover for Off Road Events below National Status
The Chairman was pleased to say that there had not been many queries regarding the new optional Insurance cover recently introduced. Mr Thompson informed the meeting that a CD was available for them to take away with the relevant forms previously distributed by email to the Centres. He re-iterated that although for ease, Basic or Basic Plus Permit Application Forms could be issued from Centres with the relevant paperwork, the Organising Clubs would apply to ACU Head Office for a Permit number as per the General Secretary’s letter dated 18th April introducing and explaining the mechanics of the new optional Insurance made available. He also went to say that a supply of yellow paper (Basic Plus Insurance) and blue paper (Basic Insurance) was available should anyone wish to take some away with them.
Mr Clarke from the South East Centre asked if ACU Head Office would be appointing the Steward as the Permit Issuing Authority for Basic and Basic Plus events. The Chairman confirmed this would be the case and that the ACU Staff would probably wish to approach a Steward within the Centre where the event was taking place, if a Steward was to be appointed.
It was confirmed that events being held on Forestry Commission land would be held under Basic Plus Insurance as a minimum requirement.
Mr Stone asked why the cost of Permits had increased. The Chairman stated that Permits issued from ACU Head Office had always been £50. Even including the cost of the Permit a Club running an event under Basic or Basic Plus would be making a considerable saving compared to what they were currently paying and to that offered by other organisations.
The Southern Centre asked who would pay for a Steward, if one was appointed. The Chairman confirmed that this would be discussed in the forthcoming meeting to be held on Saturday 14th July regarding Centre finances in general.
Mr Sweeting asked whether the ACU would cover the Centre / Club in circumstances where a successful claim was made in excess of the amount covered by the Basic or Basic Plus liability. The answer was no. The Chairman noted that this question would not affect the Centre unless it was itself the organiser of the event concerned. The amount of cover is fixed at £5 Million and £10 Million respectively and the Organiser will be entirely responsible for the decision made as to the amount of cover required for a particular event.
He noted that some other organisations are offering £1 Million cover and reminded the Council of the reasons why the Board were introducing these new measures. The Organising Clubs however must understand and accept the consequences of their own decisions. Where any concerns exist over the lower limit of indemnity then the Premier cover is of course available.
Mr Leigh stated that he felt sure that if a Club opted to run an event under one of the new Insurance packages they would not reduce their entry fee for an event to compensate for the reduction in insurance – in other words, the competitor would be charged more for less. The Chairman accepted that this might be the case but repeated that this was a scheme to support and encourage Clubs to come to or stay with the ACU. The ACU is now able to offer a better package than some rival organisations at a more competitive price and this is in line with the objective. The ACU are not pushing this alternative insurance, it is merely being offered as an option.
The Chairman also mentioned that riders can obtain top up insurance and any rider taking an annual top up will qualify for enhanced benefit if he should be injured whilst competing in an event run under the Premier cover.
The question of the Protest and Appeals procedure was raised regarding events being run under the reduced covers and it was agreed that the Board would give consideration to this.
Mr Armes noted that the conditions regarding Levies and Fees appearing on the reverse of the Permit Application form are not currently included within Article 4.02 of the National Sporting Code. The Chairman stated that he and the General Secretary had recently become aware of this and that unfortunately the wording had been omitted in the 2006 Handbook as a result of a simple clerical error within the office. There were a number of such errors that year and further checks will be carried out in case there are others not so far identified.
The original Article 4.02 remains in force and will appear correctly next year.
In closing, the Chairman stated that it would be helpful that Centres, in advance of the Finance meeting being held on 14th July, supply to the General Secretary a copy of their last set of Accounts, together with a detailed summary of the sources of income and a note of any projects currently being supported.
5.2 Form of Proxy for National Council
The General Secretary presented a draft Form of Proxy for the Delegates to consider for use at future meetings of the National Council. Apart from the Cheshire & N Wales Centre and the Wessex Centre all other Centres supported the Proxy Form and this would now be introduced and sent with the agenda and supporting paperwork for future meetings.
5.3 Revision of Election Forms for Board of Directors, Sport Committees and National Council
The General Secretary highlighted some minor amendments he had made to the Election Forms.
Mr Stone suggested that future candidates for the Committees might be given the opportunity to introduce themselves at the National Council meeting ay which the elections were to take place. A number of difficulties were identified and the suggestion was not supported.
5.4 Age Restriction – National Council Delegates
The South Midland Centre asked for a discussion on the possibility of a variation of the age restriction on National Delegates only as they thought this could be relaxed. Mr Coles stated that his Centre was finding it extremely difficult to find an individual to succeed him as the National Council Delegate at the end of the year.
The Council was advised that the Board had debated the issue and could not recommend acceptance. After much debate it was agreed that the current ruling relating to officials reaching the age of 70 should remain.
Item 6: Proposed Changes to the National Sporting Code and Rules of the Union
6.1 Elections/Appointments of Individuals to the Road Race Committee
The Road Race Committee had submitted a proposal to the Board of Directors for the elected members of the Committee to be elected directly by active Road Race Clubs. The Directors having approved, the proposal was presented to the National Council for consideration. Following detailed discussion the National Council gave its approval and the proposal was therefore ratified and will come into force immediately.
Centres indicating approval: Cheshire & N Wales, Eastern, East Midland, East South Wales, Isle of Man, North Western, South Eastern, South Midland, South Western, Western, West South Wales, SACU and Non-Territorial Board x 2.
Centres disapproving: East Yorks, Mid-Wales, Northern, North Eastern, Wessex and Yorkshire.
Centres abstaining: Cornwall, Midland and Southern.
6.2 Postponement, Cancellation or Abandonment of a Competition
The Board of Directors presented a revision of NSC Article 3.16 providing for an existing Permit to remain valid in the case of a short term change of date of up to 48 hours in exceptional circumstances of force majeure. With the exception of the Eastern Centre which abstained, the National Council supported this revision which is therefore ratified and will come into effect immediately.
Item 7: Club Affiliations:
The following Clubs were approved and ratified for affiliation to the ACU:
7.1 Weald of Kent MCC South Eastern Centre
7.2 MX Champ Midland Centre
7.3 MDB Racing North Western Centre
7.4 Matchams Trax Southern Centre
7.5 Maker X Cornwall Centre
7.6 Xers South Midland
The General Secretary informed the meeting that a request for affiliation had been received via the Southern Centre for the No Limitz Display Team. He stated that the Board of Directors felt that this Team should become a Recognised Association in the same manner as The Imps Motorcycle Display Team. The Southern Centre agreed.
Recognised Promoters
The General Secretary informed the meeting that the following had been approved by the Board of Directors for affiliation to the ACU as Recognised Promoters:
Dirtbike Trax
MWTRA Limited
The Mid Wales Centre was surprised that MWTRA Limited had been accepted as a Recognised Promoter and that this was the first the Centre was aware of the request. The Chairman stated that the ACU had to be very careful that these Individuals/Promoters did not decide to go and organise events under other organisations and leave the ACU altogether. As has been discussed on many occasions in recent times, organising Clubs do not wish to involve themselves with the traditional Centre bureaucracy and therefore the ACU have to make provision for this type of organisation to be able to operate under the ACU banner in the easiest and most efficient manner. He suggested that the Centre might arrange to discuss the matter with the MWTRA to establish why they had decided to leave them. Mr J Collins offered his assistance if required.
Item 8: To Receive Minutes and Reports
8.1 Directors Minutes
7th Meeting - 3rd November 2006
8th Meeting - 14th December 2006
1st Meeting (2007) - 23rd January 2007
2nd Meeting - 3rd and 4th April 2007
LARA
Mr Carter informed the meeting that the ACU had recently completed contractual arrangements with Alan Kind to supply services on Land Access matters to the ACU and its affiliated clubs. Therefore with immediate effect any Centre or Club who has a Land Access issue should in the first instance contact Debbie Walmsley on 01788 566419 or email dw@acu.org.uk who will then forward details onto Mr Kind for his professional guidance.
He then informed the Board of the current issues with LARA and the fact that the ACU/MSA/MCIA wanted to form a political lobbying group to address issues affecting two and four wheel sport. A further meeting to take this forward will take place at Motorsport House on Monday 25th June.
Item 9: To Receive Committee Minutes
9.1 Road Race, Drag and Sprint Committee
6th Meeting - 7th December 2006
1st Meeting (2007) - 31st January 2007
9.2 Motocross Committee
6th Meeting - 1st November 2006
7th Meeting - 22nd November 2006
8th Meeting - 8th December 2006
1st Meeting (2007) - 31st January 2007
2nd Meeting - 11th April 2007
9.3 Trials & Enduro Committee
6th Meeting - 10th October 2006
7th Meeting - 8th November 2006
8th Meeting - 2nd December 2006
1st Meeting (2007) - 6th February 2007
2nd Meeting - 24th March 2007
Mr Collins updated the meeting on the current situation regarding UK participation in this year’s ISDE event.
9.4 Track Racing
7th Meeting - 16th December 2006
1st Meeting (2007) - 20th January 2007
2nd Meeting - 3rd March 2007
Item 10: To Receive Sub-Committee Minutes
10.1 Insurance meeting
1st Meeting (2007) - 21st February 2007
The Chairman informed the meeting that Mr Davies and Mrs Luby of Locktons had given a presentation to the Board on their renewal proposals for 2008.
Negotiations were continuing.
The Chairman also commented that the reporting of accidents in some cases does not seem to be reaching ACU Head Office in a timely fashion with the correct paperwork. Consequently, this has caused some difficulty with our Insurers and Loss Adjusters and has on occasion caused the Reserves on one or two cases to be unnecessarily increased due to the lack of information or poor quality of the information received. He also stated that he had ordered a full investigation into one particular case which the General Secretary would be conducting with immediate effect.
Item 11: To Receive Service Panel Minutes
11.1 Technical Panel
No meetings had been held since the last meeting of the National Council. Dr King updated the meeting on the proposed new Helmet Testing system where Helmets would be tested on a varying grading scale. It is hoped the new system will be launched at this years’ NEC Bike show. The 2008 ACU Handbook will show a period of duality where the existing Helmet stamp and the new Helmet stamp will be valid.
11.2 Environmental Panel
1st Meeting (2007) - 17th April 2007
11.3 Medical Panel
2nd Meeting - 22nd November 2006
1st Meeting (2007 - 14th March 2007
Item 12: Any Other Business
VAT
Mr Bonny advised the meeting of recently notified requirements in connection with the production of VAT receipts, where practical, in support of claims for travel expenses. It was noted that claims would continue to be paid as at present where such receipts are unavailable.
Item 13: Date of Next Meeting
The Chairman thanked everyone for attendance and announced that the next meeting of the National Council will be held on Saturday 3rd November 2007.