IOM TT

Summary

The requester asked for a link to 2024 TT restricted area maps and clarification on marshal powers to move spectators. The authority provided the relevant website link and confirmed that marshals have broad powers under the Road Races Act 2016 to remove individuals based on safety risks, provided they issue a warning.

Key Facts

• Restricted area information is available on the IOMTTRaces.com website.
• Marshals derive their powers from Section 10 of the Road Races Act 2016.
• Marshals can remove persons from any road, land, or position, not just restricted zones.
• Powers are exercisable only if the marshal reasonably determines a safety risk exists.
• Marshals must warn individuals that their conduct constitutes an offence before exercising removal powers.

Data Disclosed

• 2024
• 22 May 2024
• 28 May 2024
• 3875461
• Section 10
• Road Races Act 2016
• Section 10(6)

Original Request

HI Is there a public link for an up to date (2024) copy of the PDF showing all of the restricted/ prohibited areas around the TT course? Are the TT marshals allowed to make you move to a different place to view (is that within their powers), especially if you are not in one of the predetermined restricted zones. If they are, do they have to prove/ give reason to their decision or do they just have free reign as to where people are and are not allowed to watch?

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 686400) Website: https://www.iomdfenterprise.im/

Our ref: 3875461 28 May 2024

Dear ###

We write further to your request, received 22 May 2024, which states:

"HI

Is there a public link for an up to date (2024) copy of the PDF showing all of the restricted/ prohibited areas around the TT course?

Are the TT marshals allowed to make you move to a different place to view (is that within their powers), especially if you are not in one of the predetermined restricted zones. If they are, do they have to prove/ give reason to their decision or do they just have free reign as to where people are and are not allowed to watch?"

Our response to your request is as follows:

“Is there a public link for an up to date (2024) copy of the PDF showing all of the restricted/ prohibited areas around the TT course?”

Yes, the restricted/prohibited/hazardous area information is provided on the following page of IOMTTRaces.com: https://iomttraces.com/visit/spectating/spectating-dos-and- donts/ as in previous years. If you read the section headed “DO RESPECT PROHIBITED AND RESTRICTED AREAS:” and click on the link in the words “found here”.

“Are the TT marshals allowed to make you move to a different place to view (is that within their powers), especially if you are not in one of the predetermined restricted zones. If they are, do they have to prove/ give reason to their decision or do they just have free reign as to where people are and are not allowed to watch?"”

Marshalls are provided powers under Section 10 of the Road Races Act 2016, these powers are broad and do allow a Marshal to remove persons from any road, land or position and also detain said person within the bounds of the power, this is not restricted to prohibited/restricted areas.

These powers are only exercisable if, in the Marshal, acting reasonably determines that there is a safety risk, either to the spectator or anyone else involved in the event, this is not just exercisable in regards to positioning, but also actions and behaviour.

Section 10(6) requires that the marshal shall inform the person or persons that they consider the actions/activities of that person to be an offence and inform said person that they have the power to remove, require the person to stop any activity etc.

The relevant Sections of the Act are:

10 Marshals: powers and functions (1) The functions of a marshal are — (a) to marshal the race for which the marshal is appointed; and (b) to administer and enforce the racing authorisation in accordance with any directions given to the marshal by the organiser by whom the marshal was appointed. (2) For the purposes of subsection (1)(a), marshalling the race includes taking any reasonable steps to — (a) secure the safety of competitors, officials, spectators or the public; and (b) prevent any person, animal or vehicle from obstructing or otherwise hindering the conduct of the race. (3) A marshal, in performing those functions, may — (a) remove, or cause to be removed, a vehicle, person or animal from any road, land or position; (b) detain a person for so long as is necessary to secure the person’s safety or public safety or until he or she can be delivered into the custody of a constable; (c) remove a person from any road, land or position and thereafter detain that person for so long as is necessary to secure the person’s safety or public safety or until he or she can be delivered into the custody of a constable; (d) require any person to stop doing anything which, in the marshal’s opinion, puts the safety of competitors, officials, spectators or the public at risk; (e) stop or otherwise control traffic; (f) erect, maintain or remove apparatus to close a road or otherwise control traffic. (4) In exercising the powers conferred by this section the marshal may, if necessary, use reasonable force and assistance. (5) Any person assisting a marshal in the exercise of the marshal’s powers and in the performance of the marshal’s functions has the same powers and immunities as the marshal and is subject to the same liabilities as the marshal. (6) Before exercising the powers conferred by subsection (3)(a) to (d) in relation to a person, the marshal must — (a) warn the person that the marshal considers the person’s conduct constitutes an offence; and (b) inform the person of the marshal’s power under this section.

Please quote the reference number 3875461 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

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If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact us. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

This request took 1 hour to complete.