Mark WilliamsWell, it's good to be back. Actually no, it isn't. It's truly frightening to be back because whilst I was taking a richly deserved holiday aboard my friend Warren T Klame's 365ft schooner, The Hesperus, Mr Blair and his cronies took advantage of my usually relentless scrutiny of his government's malevolence towards motorcyclists and decided to deal a body blow to the off-road brigade. And then, the cheeky monkey, he promptly called an election to provide a handy smokescreen.

So serious is this that for once I'll spare you the usual accounts of my riveting exploits in the netherworld of salacious self-indulgence and cut straight to the chase. By the time you read this, we may've seen the last of off-road motorcycle sport in Britain. And we're not talking a temporary if painful Foot'n'Mouth Mk. 2, because this'll be forever.

The only thing this has in common with that hideous hiatus in the health of moto-cross, trials, enduro etc. is that they were both orchestrated by DEFRA, or MAFF as then was. This time the men at the ministry are claiming that recent EU legislation obliged them to impose limits on eligibility of the new Single Payment System (SPS), which they've brought in to replace the complex Common Agricultural Policy subsidies. Under the old scheme any landowner allowing up to 28 days (in the case of trials) or 14 days (moto-cross, grasstrack, enduros etc) on his land was still able to claim full subsidies. Under SPS, he won't be able to, which effectively means that farmers will no longer tolerate such sports.

Claiming that EU Council Regulation 1782-2003 which prompted the SPS obliges them to lay down these rules, DEFRA admits that it also allows them the discretion to make exemptions from the list of banned activities, and thus up to 28 days-worth of car boot sales, gymkhanas, clay-pigeon shoots etc. are permissible. Almost anything, in fact, except motorsports. Needless to say this was done without any warning or prior discussion with the industries or sporting bodies concerned.
DEFRA's Double Standards
DEFRA official Adam Sims told me that motorsports were excluded from the exemptions list "on environmental grounds", completely sidestepping the fact that several hundreds nags being unloaded from their diesel fume belching transporters, and then galloping over the turf, do far more damage to a meadow than a few dozen trials or even moto-cross bikes.

Perhaps this isn't surprising because Mr. Smith then admitted that the agricultural wing of DEFRA responsible for these rules had not considered "the issue of which areas of land, such as 'green lanes', that motor bikes might decide to use" if no longer able to take part in sporting events. In fact they hadn't consulted with the environmental wing of DEFRA who, after a great deal of careful diplomacy by the likes of the Trail Riders Fellowship and the Land Access & Recreation Association (LARA) are slowly coming round to the view that the responsible use of green lanes can be effectively managed rather than largely outlawed, as DEFRA proposed at the end of 2003. As ACU chairman Neil Hellings noted, "It is logical that (as a consequence of these measures) we will see a significant increase in 'motorcycle trespass' and we can only hope that since this has effectively been forced upon our public by the government, the government will not use it as a stick to beat us with."

The cynic in me muttered "fat chance", and he also considered as fatuous Adam Sims' assurance that the working of the new rules will be "carefully monitored" and re-considered at the end of the year. Already many events are being scrapped by local ACU centres and AMCA clubs as farmers start panicking. They have until May 18th to tell DEFRA what bits of their land they're claiming subsidies for and although only land actually used for motorsport won't qualify for SPS payments, Hellings noted that many farmers are under the impression 'that they will eventually lose all of their subsidy.'

Although many farmers have leased their land to events organisers for years, even decades, once it's lost, it's invariably lost forever.

Conversely, if a farmer can be persuaded to forego his SPS subsidies in favour of motocross events, that's only going to be possible by paying him vastly more than the going rate. AMCA executive Ken Wynstanley, himself a retired farmer, told a combined MCIA/ACU/AMCA meeting hastily convened last month to consider the issue, that some landowners were already doubling and tripling their fees, "and demanding them five years in advance."
Punters Demanding Deposits Back
The knock-on effect of this on any remaining dirtbike sport will be to ramp up costs for entrants and spectators alike, and it's hard to see how this could be sustainable. MCIA Sports Officer Andy Carlile had heard that some retailers were cancelling orders from importers as dirtbike customers began demanding their deposits back. Knee-jerk anecdotes these might've been, but also during the aforementioned meeting, Neil Hellings received a fax sent out by the Duchy of Cornwall informing all its tenant farmers that there was to be no more motorsport on its land. Thanks a bunch, Prince Charley.

The only sliver of hope on the issue now seems to lie with the LARA who, after receiving legal advice that DEFRA has "acted wrongly in its interpretation" of the EU bill, has put them on 14 days notice that they will seek a judicial review if they don't amend the rules. LARA are offering a return to the old 14128 day exemption clauses by way of a remedy, but are committed to getting a high court ruling if necessary. The ACU, MCIA, AMCA plus representatives of the off-road media present at the meeting all agreed to seriously consider a 'fighting fund' if LARA faced the cost of a judicial review, which Mr Kind estimated "could be up to £60,000."

Neil Hellings reported the four wheeled motorsport "also stood to lose almost 50 per cent of their events" due to these new rules, so it's hoped that the four wheeled industry would also chip in. But in any case £60K would be a small price to pay against the loss of approximately 7,000 dirtbike events per year, and the inevitable closure of many related businesses.

Unsurprisingly, if for possibly the first time in my Walter Mitty-esque life, I left the meeting rather glad that I was a gentleman scribbler rather than an off-road bike dealer.

For further details of how you can fight the off-road motorsport ban, contact your local ACU representative or the MCIA direct.