Triathlon of the emergency forces
Message - Cancellation 2019
Due to the still unresolved criminal and civil liability issues at sporting events, the Executive Board of the Triathlon of the Emergency Forces decided in its meeting of 6 March 2019 to suspend the "Triathlon of the Emergency Forces" event for the time being for the year 2019.
After the fall and a serious injury of a participant in the Carinthian cycling marathon on 6.7.2016 , a tourist event, the organiser of the cycling marathon, who is responsible for the bike course, was charged with negligent serious bodily injury. In the course of the legal proceedings, the differences between the bike marathon and the race were explained, among other things.
The cycling marathon is a cycling touristic event, at which in any case the StVO is fully valid, because also the track is not closed and the event takes place under traffic. Participants must expect obstacles at all times. The event is mainly aimed at holidaymakers and hobby drivers, the speeds driven are correspondingly lower. For licensed cyclists of the Austrian Cycling Federation a corresponding approval of the Austrian Cycling Federation must be available for participation.
During bike races the track will be closed, the placement in the final classification is of great importance for the participants. Participants are not expected to encounter any obstacles.
In the first instance, the defendant was acquitted because, according to the experts, such an obstacle could have been expected. The difference between cycling marathons and races was also considered essential for the assessment of due diligence.
The prosecution has filed a full appeal against this decision.
The vast majority of cycling tourism and racing events are organised by clubs with volunteers for their sport, out of idealism and joy. There are no economic interests. Time and financial expenses are not compensated.
For us as the responsible organizer of the triathlon of the emergency forces, the current legal uncertainty at sporting events is unacceptable and we are not prepared to make our free time available under the constant concern of criminal and civil law consequences.
Immediately after the tragic accident at the Carinthian cycling marathon, politicians announced activities and legal regulations to protect the organisers; the participants' personal responsibility should also be given legal priority. Unfortunately, it has remained with announcements!
We ask the politicians at all levels, in the course of the discussion of the personal responsibility of hikers on our alpine pastures, to establish the personal responsibility for their participation in sporting events and to limit the criminal and civil liability of the organisers. This self-responsibility should, moreover, be put more in the foreground again for many situations and circumstances in life.
Dipl.-Ing. Horst Tuppinger