Protests
INTRODUCTION
These notes are designed as a guide to the protest/appeal procedures to be followed during the results production process of a road rally. They are not a definitive rule set. Competitors should base their decisions and actions on the rules/procedures published in the MSA Competitors' Yearbook, MSA Official's Yearbook and any Supplementary Regulations produced by the organisers.
QUERYING OF THE PUBLISHED RESULTS
Competitors are usually provided with a results query form in their rally packs and more forms should be available at the finish venue. If, when the results are displayed, a competitor feels that a penalty imposed on them is incorrect, then a query should be passed, on the appropriate form, to the results team. These queries have to be answered before the results are declared final.
Once results for all finishers have been posted then the results can be declared 'provisional', they cannot be declared 'final' for at least a further 30 minutes (O.6.2.6). During this period the results can be queried or protested.
PROTESTS TO THE CLERK OF COURSE
If a competitor is not satisfied with the response to a query then a protest can be lodged with the Clerk of the Course. The protest must be made in writing, outlining the reason for the protest, be signed by the competitor and be accompanied by the appropriate fee (U.8.1.1). The fee is specified in Z.13.1. The 2000 fee is £20.
A protest must be lodged with the Secretary of the Meeting, the Clerk of Course or their deputies (O.5.1.2).
A protest must be submitted prior to the results being declared final. The organisers can not attempt to prevent a competitor lodging a protest within the time limit (U.8.1.1 & Section O Appendix A.2). Competitors cannot make joint protests, however more than one individual protest may be accepted on the same grounds.
Results will remain provisional until a protest process has been completed. Once a protest has been lodged a protest hearing will take place. The MSA Regulations state that this should be as soon as practicable (O.5.3.1). All parties will be given notice of the hearing. Witnesses may be called. However the competitor's case must be put by the competitors themselves; advocates may not be used.
If a competitor, having been made aware of the hearing, does not attend then the Clerk of the Course can give judgement by default (O.5.3.1).
The Clerk of the Course's decision regarding the protest should, if possible, be communicated in writing (U.8.1.3 & Section O Appendix A.2).
If the protest is not upheld then the protest fee will be forfeited (O.5.5), unless, for special reasons, the Clerk of the Course decides otherwise. A protest maybe withdrawn prior to the hearing but again the return of the protest fee is at the Clerk of the Course's discretion (0.5.5.1).
The Clerk of the Course will make a report on the protest to the Stewards of the Meeting (O.5.6).
APPEAL TO THE STEWARDS OF THE MEETING
A competitor may appeal against the decision of the Clerk of the Course or any other official. However no appeal can be made against a decision by a Judge of Fact (O.6.1). An appeal against the decision of the Clerk of the Course must be made within 30 minutes of the competitor being told of the decision (O.6.2.7). This time limit may be extended by the Stewards of the Meeting if they feel that the circumstances make the lodging of an appeal physically impossible (O.6.2.8).
The appeal must be made in writing, be signed by the competitor and accompanied by the appropriate fee (O.6.1.1). The fee is specified in Z.13.2. In 2000 the fee for an appeal in an event where an MSA Steward isn't present is £50. It must be lodged with the Secretary of the Meeting, the Clerk of the Course or their deputies (O.6.1.1).
The appeal should be dated and its time of acceptance noted (U.9.2 & Section O Appendix A.3).
The Stewards of the Meeting will convene a hearing, at which all concerned will have the opportunity of giving evidence.
The MSA Regulations state that the appeal hearing should be heard as soon as practicable. All parties will be given notice of the hearing. Witnesses may be called. However the competitor's case must be put by the competitors themselves; advocates may not be used and may not be present at the appeal hearing (O.6.2.9).
Witnesses must only be called to relate observed facts; the opinion of the witness is inadmissible (U.14.3 & Section O Appendix A.5). Witnesses cannot be compelled to attend (U.16.1).
The Stewards should consider only the Regulations as published, and at no time give heed to any claim as to what it was intended that a rule should mean. In the event of a definite ambiguity, only the intention which may be inferred from studying the published Regulations as a whole may be taken into account. (U.9.4)
There should be no prior consultation on matters on which the Stewards will be asked to judge. At all times the Stewards should bear in mind the maxim that not only must justice be done, but it must be seen to be done (U.9.5).
If a competitor, having been made aware of the hearing, does not attend then the Stewards can give judgement by default (O.6.2.9).
The Clerk of the Course and Secretary of the Meeting may be present they may not take part in the hearing unless they are called as witnesses (U.9.7.5).
Notes of the evidence should be taken during the hearing, and forwarded to the MSA with the findings, to be available for production at any subsequent appeal hearing (U.9.7.3). U.9.7.8 states that evidence should be called in the following order:
- Appellant
- Witnesses for the Appellant
- Any independent evidence that the Stewards may wish to hear
- The other party (generally the organisers)
- Witnesses
- Witnesses can be cross examined by both parties (U.9.7.9).
Having heard all the arguments the Stewards will retire to consider their verdict. Their findings will be announced verbally, and should be written out, timed, dated and signed by all the Stewards present (U.9.81). Wherever possible the written findings will be posted on the official notice board(s) (U.9.3).
If the competitor is not present when the Stewards' decision is announced then the decision must be sent to them by first class mail (O.6.5.4).
Unless otherwise decided by the Stewards for special reasons, the appeal fee shall normally be forfeit if an appeal is not upheld (O.6.4). An appeal, once made, may be withdrawn before the hearing, but the appeal fee will only be refunded at the Stewards' discretion (O.6.4.1).
NOTICE OF INTENTION TO APPEAL TO THE AN MSA TRIBUNAL
An appeal against the decision of the Stewards of the Meeting can only be made by any person affected by the decision (O.6.5.1).
O.6.5.2 states that the only grounds for an appeal to an MSC Tribunal are:
- Where it is alleged that a gross miscarriage of justice has occurred
- Where it is claimed that the penalty is wholly inappropriate with these Regulations
A Notice of Intention to appeal against the findings of the Stewards must be made within 30 minutes of the decision being verbally announced (O.6.5.2). If the competitor is not present when the decision is announced then the Notice to Intention must be made by post to the Secretary of the Meeting not more than seven days after the date of posting of the Stewards' findings to the competitor. Notice of the appeal should also be sent to the MSA (O.6.5.4).
A Notice of Intention to appeal against the Stewards' decision must be made in writing and be accompanied by the appropriate fee (O.6.5.4). The fee is stipulated in Z.13.4.1 and in 2000 is £125.
Within 10 days of the Notice of Intention, written Confirmation of the Appeal must be received. The Confirmation must include the Grounds of Appeal (gross miscarriage or inappropriate penalty) and also a skeleton argument of the points to be raised and should be addressed to the Clerk of the MSC Tribunals at Motor Sports House. The Clerk to the Tribunals will rule, within 10 days, as to whether the Appeal may meet the specified criteria, he will arrange for an Appeal Tribunal of the MSC to be convened. (O.6.5.5)
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