Organization and participation in amateur cycling races – administrative, legal and penal aspects

Abstract

Problem Statement: The organization of amateur cycling races involves a number of administrative, legal and penal aspects that must provided for by the organizer of such an event. The participant should possess the basic legal knowledge as well as it determines its’ legal position in the event of an accident during such race. Purpose: This article has been drawn up to make potential organizers of amateur cycling races aware of a number of legal conditions that must be met while organizing such events. This phenomenon remains relevant because of the significant popularization of such events, and therefore it remains necessary to prepare an article that would define the legal requirements that are associated with the organization of such events. Approach: The main approach, which was used by both authors, is a formal and dogmatic analysis of generally applicable law provisions, which apply to the organization of amateur cycling races. The works of the doctrine were also analyzed, the authors also used their own experience of organizing and participating in amateur cycling races and indicated examples of famous amateur cycling races which take place in Poland. Results: Amateur cycling races are becoming increasingly popular. Organisers need to be aware of a number of legal and administrative obligations that must be fulfilled in order to organise such events. In the case of organizing another event (e.g. artistic one) next to the race, there is also a possibility that it will be necessary to apply the regulations of the act on safety of mass events. In addition, there is a chance that an accident could occur during a cycling race, which could result in criminal liability for a race participant who fails to observe certain precautionary rules. Conclusion: The organizer of amateur cycling races is an entity responsible for meeting a number of obligations set out in the generally applicable law. It is not bound by the provisions of the non-state sports law – which comes from national and international sports organizations. In the course of the race, events may also take place in which an injury or death of one of the participants may occur, which will be viewed from the point of view of penal law – from the perspective of the analysis of the sports risk justification (counter-type). What is more, the problem of doping remains a burning issue for all of cycling, both professional and even amateur.