(c) a finding of a concentration of alcohol in the S. 40A(5)(c) blood or breath of a person exceeding 005 amended by No. 94/2003 but otherwise unspecified is conclusive s. 41(3). evidence that the concentration was more than 005 and less than 012. 41 Motor sport accidents excluded (1) The Commission is not liable to pay compensation S. 41(1) amended by in accordance with this Act in respect of a person No. 127/1986 who is injured or dies as a result of a transport s. 102(Sch. 4 items 29.2, accident involving a motor vehicle or motor 29.11). vehicles that are taking part in, or in a test in preparation for, an organized motor vehicle race or a speed trial if the person is— (a) the driver of, or a passenger in, such a motor S. 41(1)(a) amended by vehicle; or No. 127/1986 s. 102(Sch. 4 item 29.2). (b) a spectator at the race, trial or test; or (c) an official or organizer of the race, trial or test; or (d) assisting in any way in the holding of the race, trial or test; or (e) assisting competitors in the race, trial or test. (1A) Subsection (1) does not apply to an organised S. 41(1A) inserted by motor vehicle race or speed trial— No. 84/1994 s. 30. (a) the rules of which require that the race or S. 41(1A)(a) amended by trial is to be conducted in accordance with No. 73/1996 the Road Safety Act 1986 and the s. 97(c). regulations applying under that Act; and (b) in respect of which the Commission has certified in writing, the circumstances and
S. 40A(5)(c) amended by No. 94/2003 s. 41(3). (c) a finding of a concentration of alcohol in the blood or breath of a person exceeding 005 but otherwise unspecified is conclusive evidence that the concentration was more than 005 and less than 012. 41 Motor sport accidents excluded S. 41(1) amended by No. 127/1986 s. 102(Sch. 4 items 29.2, 29.11). (1) The Commission is not liable to pay compensation in accordance with this Act in respect of a person who is injured or dies as a result of a transport accident involving a motor vehicle or motor vehicles that are taking part in, or in a test in preparation for, an organized motor vehicle race or a speed trial if the person is— S. 41(1)(a) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (a) the driver of, or a passenger in, such a motor vehicle; or (b) a spectator at the race, trial or test; or (c) an official or organizer of the race, trial or test; or (d) assisting in any way in the holding of the race, trial or test; or (e) assisting competitors in the race, trial or test. S. 41(1A) inserted by No. 84/1994 s. 30. (1A) Subsection (1) does not apply to an organised motor vehicle race or speed trial— S. 41(1A)(a) amended by No. 73/1996 s. 97(c). (a) the rules of which require that the race or trial is to be conducted in accordance with the Road Safety Act 1986 and the regulations applying under that Act; and (b) in respect of which the Commission has certified in writing, the circumstances and
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