2013 Manual of Motorcycle Sport - Motorcycling Australia

5 OFFENCES, PROTESTS AND APPEALSenjoy the ride625.1.1.2 Should a Support person breach any rule,the entrant, rider, licensee or competitor,may in addition to the Support personbe held responsible and sanctioned inaccordance with these GCR.5.1.1.3 Subject to Rule 5.1.1.4, a prosecutionfor any alleged offence under Rule5.1.1.1 committed during the course of ameeting must:a) If instituted by the Clerk of Course, be:i) Heard and determined by theClerk of Course, orii) Referred to the Steward, orb) If instituted by the Steward, bei) Heard and determined by theSteward, orii) Referred to the RCB, orc) If instituted by a duly appointedInspector, be heard and determinedby the RCB.5.1.1.4 A prosecution for any alleged offenceunder GCR 5.1.1.1 committed during thecourse of a meeting being part of an MASeries must:a) If instituted by the Clerk of theCourse, be:i) Heard and determined by theClerk of Course, orii) Referred to the Steward, orb) If instituted by the Race Director; bereferred to the Steward, orc) If instituted by the Steward, bei) Heard and determined by theSteward, orii) Referred to the RCB, ord) If instituted by a duly appointedInspector, be heard and determinedby the RCB.5.1.2 Imposition of Penalties during Events5.1.2.1 In any event during the course of ameeting, a Steward or Clerk of Coursemay fine, exclude, impose penalty or timepoints on, or relegate, any competitor, if:a) The whole or any part of thatcompetitor’s machine has leftthe track and thereby gained anadvantage, unless such action was:i) For the safety of othercompetitors, orii) Due to the action of othercompetitors,b) The competitor has gained anadvantage as a result of anunfair start,c) The competitor has been guilty ofunfair or unsafe conduct,d) The competitor receives outsideassistance other than:i) By a relevant official at the start ofan event, orii) In the interests of safety,e) The competitor’s machineis dangerous,f) The competitor’s machine does notcomply with the requirements ofthese Rules or any SR,g) The competitor has unreasonablyrefused to submit to a medical testrequired by the Steward underthese Rules,h) The competitor, or the competitor’steam, has breached the refueling Rule.5.1.2.2 For the purposes of GCR 4.3.2.1,outside assistance includes radiocommunication, provided that SR maypermit outside assistance.5.1.2.3 No person may protest against, or appealfrom, a decision to impose a penaltyduring an event.5.1.2.4 For the purpose of this GCR a decisiondoes not operate as such unless and untilit is notified to the competitor affected byit or to that competitor’s team, providingsuch notification is practicable within thecontext of the event.5.1.3 Hearing and Determination of Chargesduring Meetings5.1.3.1 In any proceeding relating to the impositionof penalties for offences committed duringthe course of a meeting:a) The Steward or Clerk of Course:i) May act on their own initiative,ii) May act on such information andin such manner as they think fithaving regard to the conduct forwhich a penalty is to be imposed,iii) Must, in respect of allprosecutions other than thoseunder GCR 4.3.2, conduct ahearing,iv) Must, as soon as practicable afterdetermining the penalty, informthe person, rider or competitor