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2013 Manual of Motorcycle Sport - Motorcycling Australia

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<strong>2013</strong> MANUAL OF MOTORCYCLE SPORT5 OFFENCES, PROTESTS AND APPEALSthere<strong>of</strong> so as to prevent that person orbody from participating in any competition.or recreational event.5.1.12.2 An order for suspension or disqualificationfrom competition may operate so as toprevent from participation in competitiona machine or machines <strong>of</strong> a particularmanufacturer provided that no such ordermay be made unless the appellate bodyis satisfied that the <strong>of</strong>fence or <strong>of</strong>fencesleading to the making <strong>of</strong> the order werecommitted with the knowledge, or at theinstigation, <strong>of</strong> the manufacturer or themanufacturer’s agent.5.1.12.3 Any person or body who is the subject <strong>of</strong>:a) An order <strong>of</strong> exclusion, orb) An order for suspension ordisqualification for any <strong>of</strong>fencecommitted at, connected with, orarising from, any competition;is liable to forfeit the right to receiveor retain any award, trophy or prize inrespect <strong>of</strong> that competition.5.1.12.4 If any penalty imposed alters the result<strong>of</strong> any competition, the RCB must, assoon as practicable after being notified<strong>of</strong> the penalty, alter the record <strong>of</strong> thatcompetition so as to reflect the alteration5.2 PROTESTS5.2.1 Right <strong>of</strong> Protest5.2.1.1 With the exception <strong>of</strong> penalties imposedduring an event any entrant or competitormay protest:a) Against a decision to reject anapplication by a competitionlicence holder to compete in anycompetition,b) Against a decision, action ordetermination <strong>of</strong> any <strong>of</strong>ficial,c) Against the action or conduct <strong>of</strong> anyother competitor, entrant, mechanicor team member during the course <strong>of</strong>any event.5.2.1.2 Any protest must:a) Be in writing,b) Be accompanied by the prescribedfee which will be refunded if theprotest is upheld, or if not must beremitted to the RCB ,c) Be made to a Steward <strong>of</strong> the relevantmeeting,d) Comply with the following time limits:i) For a protest under sub Rules a)and b) <strong>of</strong> the previous Rule, assoon as practicable after beinginformed <strong>of</strong> the decision,ii) For a protest under sub Rule c)<strong>of</strong> the previous Rule, no morethan 30 minutes after the actionor conduct,iii) For a protest under sub-Rule c)in a Speedway or Supercrossmeeting, no more than 5 minutesafter the action or conduct.5.2.2 Protest Hearings5.2.2.1 A Steward must hear and determine anyprotest and must notify the outcome tothe protester, and any person materiallyaffected, within a reasonable time.5.2.2.2 A Steward may refer any question raisedin any protest, or the protest itself, to therelevant appellate body and must:a) Notify such referral to the protester,and to any person materially affectedby the protest,b) Provide to the appellate body allevidence and exhibits submittedto the Steward in relation to thatprotest,c) Comply with all directions andinstructions <strong>of</strong> the appellate body.5.2.2.3 In hearing and determining any protest, aSteward may:a) Direct any reasonable alteration ormodification to any course,b) Alter or amend any program,c) Overrule, vary or amend anydecision or direction <strong>of</strong> an <strong>of</strong>ficial,d) Substitute for any decision <strong>of</strong> an<strong>of</strong>ficial, the decision <strong>of</strong> the Stewardwith or without conditions,e) Give such directions, instructions ororders as the Steward thinks fit forthe efficient and fair conduct <strong>of</strong> anycompetition,f) Alter, vary or amend the result <strong>of</strong>, orprize for, any competition,g) Do whatever is necessary for theproper consideration <strong>of</strong> the protest.5.2.2.4 In hearing and determining any protest,a Steward must apply the following65

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