Despite Court Ruling On Liability Releases, Kids Can Still Race With AMA Pro, CCS, WERA, USGPRU In Florida

Despite Court Ruling On Liability Releases, Kids Can Still Race With AMA Pro, CCS, WERA, USGPRU In Florida

© 2009, Roadracing World Publishing, Inc. By Michael Gougis.

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In Florida, The Kids Are Alright: No Changes Planned For Racing Organizations

Even though the Florida Supreme Court has ruled that liability waivers signed by the parents of minors are not legally enforceable, road racing organizations that planned to have riders 17 and under on Florida tracks in 2009 are proceeding as planned.

The only organization that has not yet made a firm determination is AMA Pro Racing, which is still reviewing the issue but has been accepting entries for riders under 18, a spokesman says.

In December, Florida Supreme Court justices ruled that a liability waiver signed by the father of a 14-year-old boy killed on an ATV at an off-road park did not prevent the boy’s estate from suing the park. The justices ruled that a release signed by parents “on behalf of the minor child is unenforceable” against the minor or the minor’s estate.

However, ASRA/CCS, WERA and the USGPRU all are planning to forge ahead with plans to allow riders 17 and under to race in Florida. In that state, the legal age of adulthood for most purposes is 18.

“As of right now, we’re pressing forward as planned,” says Stewart Aitken-Cade, President of the United States Grand Prix Racers Union, which is scheduled to race at JenningsGP in April. One of the main missions of the USGPRU is to provide young racers ages 12 to 18 experience on the track and to prepare them to compete on the GP circuit internationally.

“Our insurance company has been keeping track of the judgment in Florida and has said we’re good to go with our current age limits,” says Sean Clarke of WERA, which has graduated age restrictions for racers. But at 16, a qualified racer can ride any size motorcycle in WERA competition. WERA also is scheduled to race at JenningsGP several times in 2009.

ASRA/CCS is scheduled to race several times in Florida over 2009 at Daytona International Speedway, Homestead-Miami Speedway, JenningsGP and Palm Beach International Raceway. As with the other organizations, there have been no significant changes in plans for riders under 18 years old. ASRA/CCS also has graduated age restrictions on riders under 18 years old.

“As our insurance company pointed out to me, the minor release is not completely binding in any state, it just proves that the parents were aware of and approved of the activity,” says Kevin Elliott, Director of Operations at ASRA/CCS. “We have tightened our policies a little, but it will not stop us from having minors compete.”

AMA Pro Racing’s SuperSport class is restricted to riders 16 to 21 years of age. While the organization is still studying the issue, it is accepting entries for the season opener at Daytona for riders 16 and 17 years old.

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