Board Agenda Item: Future of DMS Racing Group Project

We have the title, it was signed by previous owner at time of sale, but then instead of figuring out whose name to put on it and filling paperwork with DMV it was stuck in a box.

This ā€œ90 days to titleā€ thing is silly & I cringed that it was included with so little fanfare. It seemed like the very people supporting the existance of the race car/team suddenly whirled about & lopped off the head.
Farmers sell equipment worth many times what this is frequently without title. They also sell ā€œfarm trucksā€ without titles. Construction equipment is generally untitled. Racecars are a miniscule subset of the untitled non-road going equipment changing ownership every day in this country alone. I see no need, and certainly no urgency in titling this one. The only reason to be worried about it is if we intend to make it street legal again, which though cool, and expansive in the carā€™s scope by making transport and display easier, serves little purpose.

The next BOD meeting could easily amend this to correct if desiredā€¦

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I had a question about insurance for the car, if anyone knows please let me know. Fact finding is always interesting at DMS :stuck_out_tongue_winking_eye:

What insurance? Itā€™s not road legal.

To clarify: What is our liability if there is an accident during a race?

Then the car is wrecked.

And if the driver is wrecked? (Hopefully never)

There is usually a medic at every race and it would be up to the driver at that point.

so I am hearing that DMS isnt responsible for any injuries sustained from driving the race car we maybe own but donā€™t have a title to. @Brandon_Green, maybe you can clarify further?

Robert, you going to be driving next year?

Again we have the title it sounds like you are thinking we are supposed to be getting a new title from the DMV if you are that is not possible. The vehicle is no longer eligibile for a title.

http://www.txdmv.gov/txdmv-forms/doc_download/3447-assembled-vehicle-manual

Erik posted this above in this thread, Texas does not allow race vehicles to be titled.

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I will drive the bus :stuck_out_tongue:

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Perhaps my question is not clearā€¦ In what way is Dallas Makerspace liable for an injury sustained by a driver of the race car during a race?

Or perhaps more importantly, to a driver of another vehicle who sustains injury from the actions of the driver of a car under DMSā€™ purview.

I think this is largely akin to any other amateur sport in that the participant (drivers) accepts these risks personally. Sponsors are largely just buying advertising. But LeMons is largely well documented so the answers may lie thereinā€¦

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Thank you. As a non racer this was the simple answer I was looking for. I will look into it further.

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Nothing about racing a car is immune from tort liability, any more than any other aspect of life is immune to it. Bottom line, the car is owned by DMS, financed by DMS, carries our marks, and therefore DMS could (and probably would) be held liable for some portion of what happens with it.

Krisā€™ question is not irrelevent at all.

And racing/racing car insurance is a thing.

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Correct. And as most injury lawyers ā€“ and many many many defendants of such lawsuits ā€“ will tell you, when someone gets seriously hurt or dies (i.e. wrongful death suit), someone always pays, and it usually has less to do with whose actual fault it is and more to do with who (even remotely) involved has the deepest pockets.

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Youā€™ll get no refute from me on your points, @Tapper and @mblatz but I think it would be beneficial not making a mountain out of what is likely a well travelled molehill. This is amateur racing, done for fun. The participants largely bear responsibility, just like when you play Church League softball. You get clobbered by the catcher coming in to home & fracture a hip, its still on you, as an assumed risk of playing that game. Thereā€™s always SOME concern as organiser, sponsor, owner, etc. but we shouldnā€™t turn this into a 3 ring circus when its just a pony ride.

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I definitely wasnā€™t arguing against DMS having the car; I like it, in fact, and like the whole LeMons participation thing. But it is important that there is general understanding that some additional risk attaches, i.e. this decision should be made with eyes wide open and an acknowledgment that doing this when we are 500 members with $20,000 of assets vs. 1500 members with $200,000 of assets (I am guessing!!!) are two very different decisions.

BTW, my points and perspective are pretty much the same for running a Makerspace in general. The waiver we sign upon joining arenā€™t really worth the paper they are printed on, and the day that someone gets grievously hurt or killed here will potentially be a serious day of reckoning for an organization this large. I am less worried about the member maker seeking compensation than I am his/her heirs.

But yes, on current topic it is a bit of borrowing trouble/molehill --> mountain.

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Asking a question is hardly making a mountain out of a mole hill. if I donā€™t know Iā€™m going to ask. I would hope for more helpful answers in the future to a simple question. I love the idea of making this car work for all of us but I am charged with responsibilities along with the rest of the board to make sure DMS is not affected by choices we make. So if I want to know if we are protected I would think a willingness to share knowledge you may have on the subject would be a good thing without the runaround. Thatā€™s what has made a mountain out of a molehill here. Itā€™s also why Talk usually ends up being the last place I want to post.

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