Documents / 2006 / Division B
Regulation document · 2006
Division B — Judicial · 2006 · Update 1
136 clauses, full text below and fully searchable.
B 1.3
© V8 Supercars – 2006 Division “B” Page B 1 DIVISION “B” – JUDICIAL RULES B 1. HEARINGS B 1.1 Responsibility Hearings will be the joint responsibility of all appointed Stewards as defined in Rule A 10.1. B 1.2 Nature and Regulation Hearings will be adversarial in nature and conducted, subject only to the provisions of these Rules the Stewards may regulate any Hearing as they see fit in the circumstances. B 1.3 Commencement 1.3.1 Stewards will commence a Hearing either: 1.3.1.1
B 1.3
upon having a matter referred to them by the IPO; or 1.3.1.2 upon referral to them of a dispute between Competitors or Participants; or 1.3.1.3 in exceptional circumstances, of their own volition. 1.3.2 All Stewards appointed must be present at a Hearing. Should the need arise for one of the Stewards to excuse themselves from the Hearing, the Hearing will be adjourned until such time as all Stewards are present or a replacement Steward is appointed to ensure that three (3) Stewards are present (ref Rule A10.1.1).
B 1.4
1.3.3 The Stewards may, following consultation with the IPO and in their absolute discretion, commence a Hearing at anytime outside of Meetings as may be required. The Stewards will at all times be bound by the provisions of these Rules. B 1.4 Expeditious 1.4.1 The Stewards, in consultation with the IPO will in their absolute discretion, determine the order in which Hearings will be conducted but will generally give first priority to Hearings the outcome of which may affect the results of the Meeting, such Hearings
B 1.4
will where possible be determined on a day of the Meeting. 1.4.2 The Stewards may; 1.4.2.1 adjourn any Hearings not able to be determined at the Meeting, to be heard at the earliest reasonable time and most convenient place, having regard to the urgency of the issue and to the convenience of people involved. 1.4.2.2 give Notice to Attend, at their discretion to the concerned parties and may conduct a Hearing into the matter between events if they so determine. 1.4.3 Hearings will generally be conducted
B 1.5
1.4.3.1 and concluded as soon as practicable; 1.4.3.2 with as little formality and legal technicality and with as much expedition as a proper consideration of the matter requires; 1.4.3.3 and determined with a minimum of paperwork and disruption to Participants and officials at a Meeting; B 1.5 Representation Other than a duly appointed Steward or the IPO, at any Hearing a person attending: 1.5.1 must state their case in person; 1.5.2 may, at the sole discretion of the Stewards, have the assistance of the Competitor or
B 1.6
where the Competitor is an Entity, the Authorised Representative; 1.5.3 if under eighteen years of age, may – at their request – be assisted by an adult; 1.5.4 will not be entitled to be assisted, have present or be represented at any in any circumstances by a person who is, or was, a legal practitioner. © V8 Supercars – 2006 Division “B” Page B 2 B 1.6 Evidence The Stewards are not bound by the rules of evidence or by practices or procedures applicable to persons exercising a judicial capacity in any court, but may inform themselves
B 1.6
as to any matter in any manner as they may see fit in all the circumstances. 1.6.1 Expert Evidence Should a party to a Hearing seek permission to produce expert evidence, they must also provide to the Stewards a written statement containing: (a) the name and address of the witness (b) the qualifications and experience of the witness (c) the substance of the evidence it is proposed to seek from the witness 1.6.2 All the provisions of Rule B1.6.1 will also apply in full to any Hearing conducted by the
B 1.8
V8 Supercar National Court of Appeal. B 1.7 Decision At the conclusion of a Hearing, the Stewards will: 1.7.1 in arriving at any decision, ensure that it is consistent with that which a reasonable person could conclude on the evidence or information available at the Hearing, and 1.7.2 subject to Rule B 7.2 impose such penalties and make such orders and give such directions as they may, in their absolute discretion, reasonably think fit. B 1.8 Decision Binding All persons affected by or concerned in a Hearing will be bound by the decision of the
B 1.10
Stewards, subject only to rights of Appeal. B 1.9 Decision in Absentia At any Hearing if a person, or a person’s witnesses, fails to attend at the time and place of the Hearing, in their absence the Stewards may conduct the Hearing and make their decision in the absence of those parties. B 1.10 Validity of Hearing and Decision Any procedure or requirement regulating a Hearing will be regarded as a guideline only, and any decision of the Stewards is not invalid by reason of a procedure or requirement not being
B 1.12
fulfilled. B 1.11 Adjourned Hearing Notwithstanding Rule A 10.1.2, where the Stewards have commenced an Hearing at one place, and it is not practicable to complete the matter at that time and place, the Hearing may be adjourned to another time and place and may be heard by Stewards other than those who commenced the Hearing, subject to the adjourned Hearing being conducted by at least one (1) Steward who comprised the original Hearing. B 1.12 Competitor Request For Incident Review (“Request”)
B3.6.2
1.12.1 Only a Competitor whose Car has been involved in an Incident (as defined in Rule B3.6.2) may request the IPO conduct an investigation of such Incident. 1.12.2 The Competitor or the Authorised Representative making the request must submit a fully completed Request form as set out in Schedule B 6. 1.12.3 The Request form may be submitted to the IPO at any time, but never later than thirty (30) minutes after the display of the chequered flag or red flag at the Control Line to
B 2.1
the leading Car of the Race, or 30 minutes from the display of the chequered flag or red flag at the Control Line signifying the end of a practice or qualifying session. 1.12.4 A Competitors right to Protest is unaffected by this Rule. © V8 Supercars – 2006 Division “B” Updated 17 March 2006 Page B 3 NOTE: This page is intentionally blank © V8 Supercars – 2006 Division “B” Page B 4 B 2. PROCEDURES FOR HEARINGS B 2.1 Inform Person/s Involved 2.1.1 All persons required by the Stewards and the IPO that are directly involved in a
B 2.3
Hearing will be given reasonable notice to attend the Hearing. 2.1.2 The Stewards will inform person/s present of the subject of the Hearing. B 2.2 Opportunity to be Heard At a Hearing, the Stewards will provide a person, against whom a breach of the Rules is alleged, with an opportunity to be heard and to give evidence, ask questions and make submissions. B 2.3 Impartiality The Stewards will conduct all Hearings and make all decisions in good faith and in an unbiased manner.
B 2.4
B 2.4 Technical Issues 2.4.1 Technical issues, including eligibility, of Cars will be referred to the IPO by the CTD for evaluation before referral to the Stewards. 2.4.2 The Stewards will conduct a Hearing into the technical issue and may make any decision thereon. 2.4.3 The Stewards may refer at their discretion technical issues to the Category Technical Panel CTD for determination. 2.4.4 The determination of the Category Technical Panel CTD is deemed to be a finding of fact. and will be unconditionally binding on any V8 Supercar National Court of Appeal
B 2.6
Hearing or the Stewards’ Hearing in regard to that issue. B 2.5 Reasons for Decision 2.5.1 As far as is practical, at the conclusion of all Hearings the Stewards will give reasons for their decision. 2.5.2 After a Hearing has concluded, the Stewards may provide written reasons for the decision to the person/s directly affected. B 2.6 Time Frame for Hearings 2.6.1 Subject to Rule B 1.4.2, the Stewards will conduct Hearings as soon as practicable on the day of the Meeting, and may of necessity be conducted at short notice.
B 3.1
© V8 Supercars – 2006 Division “B” Page B 5 B 3. COMPLIANCE WITH HEARINGS B 3.1 Person must comply To facilitate the conduct of a Hearing a person must; 3.1.1 upon receiving any notice (whether written or oral) to attend a Hearing, appear at the time and place notified; 3.1.2 fully co-operate in good faith with the Stewards at the Hearing; 3.1.3 provide a full and truthful account of matters within their knowledge to the Hearing; 3.1.4 fully and truthfully answer any questions;
B 3.2
3.1.5 at the request of the Stewards, produce any document, image, videotape or any other thing in their possession or under their control; 3.1.6 not make any false or misleading statement to, or make a statement either calculated or likely to mislead, the Hearing. B 3.2 Persons must attend For the purpose of facilitating Hearings, if requested by the Stewards, a person must: 3.2.1 unless having obtained the prior permission of the Stewards to leave the precincts of the Meeting, remain at the Meeting until released by the Stewards; or
B 3.3
3.2.2 if the Hearing has been adjourned pursuant to Rule B1.4.2.1, attend at the time and place nominated for its resumption. 3.2.3 make themselves available at the requested time if the Stewards determine that a Hearing be conducted between Meetings in accordance with Rule B1.3.3. B 3.3 Cars to Carry Video Recorders For the Purpose of recording video images, all Cars entered in any VCS Meeting must carry a fully operational digital video camera and recording device and all associated equipment
B 3.3
(“the Camera”) to ensure the full functionality and recording capability of the Camera in all practice, qualifying and racing sessions of all Meetings. 3.3.1 The nominated Camera system will be supplied by TEGA and it will be the responsibility of the Competitor to purchase the Camera at their cost. 3.3.2 The Camera and its associated equipment will be installed in the Car with the Camera pointed in a forward direction with a field of vision sufficiently wide to record clearly,
B 3.3
and without obstruction at all times, the Drivers view of the race track ahead. 3.3.3 The Competitor will be required to ensure that the Camera is switched on and functioning in the correct manner prior to the Car entering the race track for all practice, qualifying and racing sessions at a Meeting. 3.3.4 Access to the Camera must be provided to TEGA appointed technicians at any time upon request. 3.3.5 No person other than authorised TEGA personnel shall in any way interfere with the
B 3.3
Camera. 3.3.6 No person is permitted access to the video images recorded by the Cameras without obtaining the prior written permission of the Stewards and TEGA. Such permission will only be provided in exceptional circumstances. 3.3.7 At all times the Camera and images recorded remains the property of TEGA and title in the camera will not pass to any Team or other Entity or person. No Camera may be transferred to any Team, other Entity or person without the express written approval of
B 3.4
TEGA. Such approval will generally be withheld unless the Team, Entity or person is the holder of a current TLA and is entered in the VCS. B 3.4 Influencing witnesses It is expressly forbidden for any person directly or indirectly to influence any person who is, or ought reasonably to be regarded as, required to 3.4.1 assist or provide information to a Hearing, or 3.4.2 appear or give evidence at any Hearing, and if any person influences or attempts to influence another person’s evidence or information
B 3.6
which may be required at any Hearing, then that first person will be deemed to have committed a breach of these Rules. B 3.5 Failure to comply If in the opinion of the Stewards a person: 3.5.1 fails to comply with any of the provisions of Rule B 3.1, B 3.2 or B 3.3, 3.5.2 in any way obstructs a Hearing; such person will be deemed to have committed a breach of these Rules. B 3.6 On-Track Incidents 3.6.1 Any Driver who has been involved in any Incident that may be subject to an
B 3.6
investigation by the IPO or a Hearing, on the race track must not leave the precincts of the Meeting unless that Driver has first obtained the permission of the Stewards or D 3.6.3 applies. 3.6.2 For the purposes of Rule B 1.12 and B 3.6.1, an “Incident” means any occurrence or series of occurrences, involving one or more Drivers which: 3.6.2.1 necessitated the stopping of any on-race track activity; or 3.6.2.2 caused another Car to leave the race track; or 3.6.2.3 may have constituted a breach of these Rules.
B 3.7
3.6.3 If an hour after the last Race, a Driver’s name and/or Car number has not been listed on the Official Notice Board they will be permitted to leave the precincts of the Meeting. Any Driver or Competitor that leaves the precincts of the Meeting prior to this time will be deemed to have committed a breach of these Rules. B 3.7 Sub Judice No person or entity is permitted to comment to any other person or entity on the proceedings of, or any evidence or information given to, any Hearing until such Hearing is completed and
B 4.1
the decision of the Stewards has been released. © V8 Supercars – 2006 Division “B” Page B 6 B 4. PROTESTS B 4.1 Definitions 4.1.1 “Protest” means a written notification to the Stewards by a Protestor. 4.1.2 “Protestor” means any Competitor aggrieved by a decision, act, dispute or omission of: 4.1.2.1 any official duly appointed to the Meeting and against whom a Protest is permitted by the Rules, or 4.1.2.2 any other person alleged to have committed a breach of these Rules, and
B 4.2
who has lodged a Protest in accordance with these Rules. B 4.2 Right to Protest 4.2.1 The right to Protest lies only with a Protestor as defined in Rule B 4.1.2 4.2.2 A Protestor seeking to Protest against more than one other Competitor must lodge as many Protests as there are Competitors involved in the matter concerned. 4.2.3 In the case of a Protest against alleged breaches of Division C of these Rules, a separate Protest and accompanying Fee must be lodged for each single technical
B 4.3
issue or item against which a Protest is made. 4.2.4 Notwithstanding Rules B 4.2.1 and B 4.2.2, an official of a Meeting acting in their official capacity may, even in the absence of a Protest, take such official action as the matter warrants. B 4.3 No Right to Protest No right of Protest exists against any decision: 4.3.1 made by the Stewards in the course of carrying out their duties pursuant to these Rules; or 4.3.2 of a Judge of Fact concerning a question which they have been officially appointed to
B 4.4
decide; or 4.3.3 of the CTD on an issue of safety of a Car. B 4.4 Notice of Protest and Fee 4.4.1 Every Protest must be: 4.4.1.1 in writing addressed to the clerk of the course or in his absence, the V8 Supercar Stewards; 4.4.1.2 lodged with the Stewards at the Meeting in which the matter arose; and 4.4.1.3 accompanied by the Protest Fee of $4,000 plus GST payable to CAMS; 4.4.2 In the case of a Protest relating to the eligibility of a Car, the Protest must be accompanied by an additional bond of $2,500 plus GST, payable to CAMS, for each
B 4.5
dismantling operation or process. In the event of a dispute related to the number of dismantling operations or processes that are involved with a single Protest related to the eligibility of a Car, the Stewards will refer the matter to the CTD for determination. The determination of the CTD will be final 4.4.3 The Protest Fee may only be refunded by order of the Stewards if the Protest is upheld, otherwise the Protest Fee will be forfeited to CAMS. B 4.5 Protest Time Limits 4.5.1 Subject to Rule B 4.5.2, the written notice of Protest must be lodged where the
B 4.5
Protest: 4.5.1.1 is against the entry of a Competitor or Driver, within two (2) hours after the closing time for the official scrutineering of Cars; © V8 Supercars – 2006 Division “B” Updated 17 March Page B 7 © V8 Supercars – 2006 Division “B” Updated 17 March Page B 8 4.5.1.2 is against the make-up of a grid for a race, prior to fourty forty five (45) minutes before the scheduled time of the opening of Pit Lane for that Race;
B 4.5
4.5.1.3 is against a decision of the CTD, regarding scrutineering or weighing of a Car, immediately after such decision has been made; 4.5.1.4 is against: (a) any error or irregularity occurring during a Meeting; (b) the non-compliance of Cars with the Rules; and (c) the classification established at the end of the Meeting; must, except in circumstances which the Stewards consider as physically impossible, be made within thirty (30) minutes after the publication of the provisional
B 4.6
results; 4.5.1.5 relates to any other matter occurring at a Meeting, no later than thirty (30) minutes after the publication of provisional results; or 4.5.2 The Stewards shall treat all Protests referred to above as urgent and shall hear them as soon as practicable. 4.5.3 The time limits for lodging a Protest may be extended by the Stewards if it can be shown that there were exceptional circumstances making observation of them impracticable. B 4.6 Examination of Car, Assembly or Component
B 4.6
4.6.1 A Car, assembly or component thereof, the subject of any Protest against its eligibility or qualification, will immediately be impounded or sealed for examination by the CTD. 4.6.2 The examination of any Car, assembly or component impounded or sealed pursuant to Rule B 4.6.1 will be carried out under the authority of the CTD who must report in writing the results of such examination to the Stewards. 4.6.3 At the direction of the Stewards, parts or components of a Car may be sealed for
B 4.6
examination at a later time by the CTD. 4.6.4 The Protestor is not entitled as of right to attend the examination referred to in Rules B 4.6.1 and B 4.6.2. 4.6.5 The costs of dis-assembly and re-assembly of a Car, assembly or component, together with reasonably necessary costs of impounding and/or transport of the subject Car, assembly or component for such examination, must be paid to CAMS by the unsuccessful party to the Protest. 4.6.6 Any assessment which needs to be made of the “reasonably necessary costs” referred
B 4.6
to in Rule B 4.6.5, will be made by either: 4.6.6.1 the Stewards hearing the Protest; or 4.6.6.2 the Court hearing any Appeal. 4.6.7 If the Protestor is the unsuccessful party, the whole or part of the bond (Rule B 4.4.2) will be applied to the costs referred to in Rule B 4.6.5 and, if that bond is insufficient to cover such costs, the Protestor will become liable to CAMS for the balance, provided that the total amount of the costs is verified pursuant to Rule B 4.6.6. 4.6.8 The whole of the bond referred to in Rule B 4.4.2 may be refunded only if the Protest
B 4.7
is upheld. B 4.7 Hearing and Judgment Upon receiving a Notice of Protest, the Stewards will conduct a Hearing. The hearing of a Protestor and all parties concerned by a Protest shall take place as soon as practicable. The concerned parties shall be given Notice to Attend the Hearing, and may be accompanied by witnesses. In the absence of any concerned party or of their witnesses, judgement may be made in their absence. If judgement cannot be given immediately after the Hearing of the
B 4.8
parties concerned, they must be advised of the time and place at which the decision will be © V8 Supercars – 2006 Division “B” Updated 17 March Page B 9 given; subsequent to which all parties concerned will be bound by the decision, subject only to their rights of Appeal. B 4.8 Vexatious Protests If, during a Hearing, the Stewards determine the Protest is frivolous, malicious or vexatious or consider that the Protestor acted in bad faith, the Protestor will be deemed to have breached
B 5.1
these Rules. The Stewards may impose on such Protestor any Penalty pursuant to these Rules. © V8 Supercars – 2006 Division “B” Page B 10 B 5. APPEALS B 5.1 Right of Appeal 5.1.1 The right of Appeal against a decision of the Stewards, made as a result of a Hearing, is available to an “appellant” who is defined as: 5.1.1.1 the Competitor, the subject of such decision; or 5.1.1.2 TEGA, V8 Supercars or CAMS. 5.1.2 The right of Appeal against a decision of the Stewards is available only to the V8
B 5.1
Supercar National Court of Appeal (“the Court”), which is the final national court of judgment in accordance with the ISC empowered to settle any dispute. 5.1.3 The right of Appeal against a decision of the Stewards, made as a result of a Hearing, is available to an appellant, as defined in Rule B5.1.1, only on the following grounds: 5.1.3.1 the severity of the penalty decision; and/or 5.1.3.2 an error in the application and interpretation of the Rules by the Stewards; and/or
B 5.1
5.1.3.3 Natural Justice having been denied by the Stewards 5.1.4 Neither the appellant nor the respondent may produce any new evidence at the Appeal without the prior written permission of the Court. The Court will not give permission to produce fresh new evidence unless: 5.1.4.1 the evidence could not by reasonable diligence have been obtained by the appellant prior to the conclusion of the Hearing before the Stewards; and 5.1.4.2 which is of sufficient value that, considered with other evidence which was
B 5.2
before the Stewards, the Stewards may have reached a different decision. 5.1.5 The charterTerms of Reference for the constitution of the Court is set out in Schedule B 3. B 5.2 Procedure, Time Limits and Fee 5.2.1 Notice of Intention to Appeal (“Notice”) 5.2.1.1 The form of the Notice is set out in Schedule B 1. 5.2.1.2 Within one (1) hour of being advised of the Stewards’ decision against which an appellant seeks to Appeal, the appellant must notify the Stewards by way of the Notice of their intention to Appeal to the Court.
B 5.2
5.2.1.3 The Notice must be accompanied by the Appeal Fee (Rule B 5.2.3). 5.2.1.4 The right to Appeal is automatically forfeit if the appellant does not provide the written Notice and the Appeal Fee as provided in these Rules. 5.2.2 Notice of Appeal (“Appeal”) 5.2.2.1 The form of the Appeal is set out in Schedule B 2. 5.2.2.2 Within two (2) days of being advised of the Stewards’ decision against which an appellant seeks to Appeal, the appellant must lodge the Appeal with the Court.
B 5.2
5.2.2.3 The Appeal must confirm the intention to Appeal and must contain all matters which the appellant intends to raise before the Court. 5.2.2.4 The Appeal may be lodged by electronic transmission (facsimile or E-mail) provided an original hard copy of the Appeal is posted or otherwise delivered to: The Secretary V8 Supercar National Court of Appeal C/- CAMS Ltd 851 Dandenong Road, Malvern East, Victoria, 3145 or; P.O. Box 147 Caulfield East, Victoria, 3145 Tel: (03) 9593 7777
B 5.2
Fax: (03) 9593 7700 © V8 Supercars – 2006 Division “B” Page B 11 Email: v8appealcourt@cams.com.au 5.2.2.5 The right to Appeal is automatically forfeited if the appellant does not lodge the Appeal with the Court within the time provided in Rule B 5.2.2.2. 5.2.3 Appeal Fee (“Fee”) 5.2.3.1 The Fee of $10,000 plus GST payable to CAMS must be lodged with the Stewards within the period set out in Rule B 5.2.1.2. 5.2.3.2 The Fee remains payable even if the appellant does not follow up the
B 5.3
declared intention to Appeal contained in the Notice (Rule B 5.2.1). 5.2.3.3 No part of the Fee will be returned to the appellant if the Appeal (Rule B 5.2.2) is withdrawn at any time or if the Court rejects the Appeal. 5.2.3.4 If the Court finds the Appeal partly founded, the Court may order a part of the Fee be returned to the appellant. 5.2.3.5 If the Court upholds the Appeal, the Court will order all of the Fee be returned to the appellant. B 5.3 Status of Appellant 5.3.1 Subject to Rules B 5.3.2 and B 5.3.3, delivery of the Notice (Rule B 5.2.1) to the
B 5.3
Stewards and lodgment of the Appeal (Rule 5.2.2) will not affect the validity or operation of any decision or order of the Stewards, the subject of the Appeal. 5.3.2 Delivery of the Notice (Rule B 5.2.1) to the Stewards will only have the effect of suspending the operation of the following types of penalties: a reprimand, a fine, a deduction of series’ points, a suspension or a disqualification; until such penalty/ies are either: 5.3.2.1 confirmed or rejected by the Court; or
B 5.3
5.3.2.2 the appellant defaults in prosecuting the Appeal. 5.3.3 An Appeal against any penalty other than those mentioned in Rule B 5.3.2 will not set aside the penalty pending the outcome of the Appeal. 5.3.4 In the case of an Appeal any series’ points which the appellant may have won will also be suspended pending the outcome of the Appeal, and will only be allocated to the appellant in accordance with the findings of the Court. 5.3.5 Where the Stewards have made a recommendation pursuant to Rule B 7.6.1.6, CAMS
B 5.4
acting pursuant to its own regulations (however described) may will convene a Disciplinary or Investigative Tribunal or such other body as deemed appropriate under its own regulations to review and act on the Stewards’ recommendation and impose any punishment the Tribunal or such other body sees fit. B 5.4 Representation 5.4.1 Subject to Rule B 5.4.2, an appellant will be required to state their case in person and not through an advocate. 5.4.2 In his its absolute discretion, the Chairman of the Court may permit representation of
B 5.4
an appellant by an advocate where undue hardship would, in the his opinion of the Court, result from personal representation alone. 5.4.3 The right to an advocate does not mean the right to legal representation. An appellant may seek leave of the Chairman of the Court to be represented by a person who is or has been a registered legal practitioner. Where in the opinion of the Court Chairman of the Court the matter before it is complex or has the potential to result in severe consequences in the form of the Penalties that may be inflicted on for the
B 5.4
Appellant, the Chairman of the Court may, having due regard for these Rules, at his its absolute discretion, make orders permitting the parties to the Appeal to be legally represented. For the avoidance of doubt, ‘severe consequences’ shall mean any of the penalties included in Rules B7.6.1.5, B7.6.1.6 or a fine which is the equivalent of at © V8 Supercars – 2006 Division “B” Page B 12 least 70% of the maximum fine permitted under the ISC for a single breach of the Rules. 5.4.4 Permission for representation by an advocate under Rule B 5.4.2 and/or to be
B5.4.3
represented by a person who is or has been a registered legal practitioner under Rule B5.4.3: 5.4.4.1 must be sought in writing addressed to: The Secretary V8 Supercar National Court of Appeal 851 Dandenong Road, Malvern East, Victoria, 3145; or P.O. Box 147 Caulfield East, Victoria, 3145 Email: v8appealcourt@cams.com.au at least four (4) days prior to the time scheduled for the hearing of the matter; and 5.4.4.2 upon receipt of an application made in accordance with Rule B5.4.4.1, the
B5.4.3
Secretary will forward a copy of the application to the Chairman of the Court and by way of advice to all parties to the Appeal who shall be provided with twenty four (24) hours to make a written submission to the Chairman of the Court on the matter of representation of an appellant by an advocate and/or legal representation before the Court. 5.4.4.3 may be granted in the absolute discretion of the Chairman of the Court having full regard to the Rules and whicho will in such circumstances make
B5.4.3
orders appropriate for the conduct of the Appeal including: (a) whether representation is granted in accordance with Rule B5.4.3, and amongst other things; (b) the imposition of any time limits for the lodgment of written submissions; and (c) the presentation of verbal evidence before the Court. The Court will cause all affected parties to be advised no less than forty eight (48) hours prior to the time scheduled for the hearing of the Appeal. 5.4.5 V8 Supercars and, CAMS as the relevant ASN will always have the right of being
B 5.5
represented as respondent to, and at, any Appeal and, without limitation may respond to the Appeal, may make submissions in regard to the merits of the Appeal and any other matter arising from the Appeal, and assist the Court as may be required and for the purposes of these Rules will be considered parties to all Appeals. B 5.5 Place of Hearings All Appeals will be heard in Melbourne, Victoria within nine days after the conclusion of the Meeting, or the publication of the Findings of the Stewards, whichever is the latter from which
B 5.6
the Appeal arose unless: 5.5.1 the Chairman of the Court orders otherwise at least twenty-four (24) hours prior to the time scheduled for the hearing of the Appeal; or 5.5.2 any other place or time and day as agreed by the Chairman of the Court with the parties to the Appeal. B 5.6 Appellant to Facilitate Hearing 5.6.1 To facilitate hearings by the Court, an appellant must: 5.6.1.1 appear at the time and place set for the hearing of the Appeal; 5.6.1.2 fully co-operate in good faith with the Court;
B 5.6
© V8 Supercars – 2006 Division “B” Updated 17 March 2006 Page B 13 5.6.1.3 provide the Court with a full and truthful account of matters within their knowledge; 5.6.1.4 fully and truthfully answer any questions; 5.6.1.5 at the request of the Court, produce any document, image, videotape or any other thing in their possession or under their control; 5.6.1.6 not make any false or misleading statement to, or make a statement either calculated or likely to mislead, the Court.
B 5.7
5.6.2 At any Appeal Hearing if a person, or a person’s witnesses, fails to attend at the time and place as required, in their absence the Court may determine the Appeal by default. 5.6.3 An appellant who, in the opinion of the Court, fails to comply with any of the requirements of Rule B 5.6.1, may be dealt with by the Court as it sees fit in its absolute discretion. B 5.7 Court Procedures 5.7.1 Hearings will be undertaken jointly by all the members of the Court present. 5.7.2 Subject only to these Rules, the Court may regulate any Hearing in such manner as it
B 5.7
sees fit. 5.7.3 Hearings will be conducted with as little formality and legal technicality and with as much expedition as a proper consideration of the matter permits. 5.7.4 In its deliberations, consistent with the precepts of natural justice, the Court must take into account and give primacy to the sporting nature of the Rules over any strict legal requirements of procedure, or of interpretation of the Rules. 5.7.5 The Court is not bound by the formal rules of evidence or by practices or procedures
B 5.8
applicable to persons exercising any judicial capacity in a court of record. 5.7.6 If it is not reasonably possible to conclude a Hearing on the day appointed, the Court may adjourn the Hearing to the earliest reasonable time and convenient place having regard to the urgency of the matter and to the convenience of parties and witnesses involved. B 5.8 Decisions 5.8.1 At the conclusion of a Hearing, the Court will determine on the balance of probabilities whether the Appeal should succeed.
B 5.8
5.8.2 The Court must determine whether the finding by the Stewards of a breach of the Rules by the appellant be either affirmed or set aside. 5.8.3 In the event that the Court affirms the finding by the Stewards of a breach of the Rules, the Court must then consider the penalty imposed by the Stewards, and may either: 5.8.3.1 confirm the penalty imposed by the Stewards; or 5.8.3.2 set aside that penalty and impose any other penalty applicable to the breach. 5.8.4 In reviewing any penalty, the Court must give the appellant and the respondent the
B 5.8
opportunity to be heard at some time during the Hearing on the penalty which may be imposed by the Court. 5.8.5 In imposing a penalty pursuant to Rule B 5.8.3.2, the Court must take into account all those matters set out in Rule B 7.3. 5.8.6 All persons affected by or concerned in an Appeal Hearing will be bound by the Court’s decision, subject only to rights of appeal pursuant to the ISC of the FIA. 5.8.7 The Court must give its decision in writing within fourteen (14) from the conclusion of
B 5.9
the Appeal Hearing. 5.8.8 The Court may, in addition to applying any part/s of this Rule B 5.8, also make such orders and give such directions as they may, in their absolute discretion, reasonably think fit. © V8 Supercars – 2006 Division “B” Updated 17 March 2006 Page B 14 B 5.9 Decisions Binding and Final 5.9.1 All parties to the Appeal will be bound by the decision, and any consequent orders, of the Court. 5.9.2 No further Appeal from the determination of an Appeal by the Court is either available
B 6.1
under, or permitted by, these Rules save for an Appeal to the FIA International Court of Appeal in accordance with the ISC. B 5.10 Vexatious Appeal If the Court comes to the conclusion that the Appeal was frivolous, vexatious or the appellant has acted in bad faith, the Court may make such a finding and impose on the appellant any Penalty pursuant to these Rules. © V8 Supercars – 2006 Division “B” Updated 17 March 2006 Page B 15 B 6. OFFENCES B 6.1 Sources of Offences
B 6.3
A person commits an offence, and may be dealt with by the Stewards if that person breaches any of these Rules, the Supplementary or Further Regulations, Bulletins or any instructions relevant to a Meeting. B 6.2 Penalty Schedules Penalties which may be applied by the Stewards or the Court are set out in Rule B 7.6 (“Other Penalties”) and in the table of Mandatory Minimum Penalties, or at their discretion may impose any penalties that they see fit in the circumstances. B 6.3 Extent of Jurisdiction
B 6.4
Unless otherwise specified in these Rules, the Stewards will at any time only have jurisdiction to conduct a Hearing into an alleged breach of these Rules and into any matter that relates in any way to V8 Supercars B 6.4 Liability and Responsibility for Offences and Attempts 6.4.1 A person will be deemed to be liable for an offence if the Stewards determine that the act or omission constituting the breach of the Rules was committed, or was attempted to be committed: 6.4.4.1 by the offender in person; or
B 6.4
6.4.4.2 by another person who was counselled or procured by the offender to do, or attempt to do, the act or make the omission; or 6.4.4.3 by another person who counselled or procured the offender to do, or attempt to do, the act or make the omission; and this Rule and each of the offences in these Rules will be construed and interpreted accordingly. 6.4.2 The Competitor will be responsible for all acts or omissions on the part of their Drivers, Team personnel and associates, but each of these will be equally responsible for any
B 6.5
breach of these Rules. B 6.5 Offences 6.5.1 Actual Physical Contact A person must not intentionally make physical contact – which includes any type of assault – with another person, except in self defence. 6.5.2 Alcohol and Prohibited Substances All Participants must respect comply with a zero blood/alcohol level; and any Participant who is found to have consumed any alcohol or to be under the influence of any prohibited drug or substance before the V8 Supercar on - race - track activities
B 6.5
have concluded for the day will not be permitted to participate in the day’s Competition activities. 6.5.3 Bribery A person must not offer to bribe, or accept a bribe from, any other person. 6.5.4 Conduct Prejudicial A person must not do any act, make any omission or engage in any conduct – which includes words – which is or may be reasonably (a) seen as being prejudicial to the interests of any Meeting, or (b) likely to bring the sport of motor racing into disrepute. 6.5.5 Damage
B 6.5
A person must not do any act or make any omission which is objectively likely to, or does actually, cause damage to the property of any other person. © V8 Supercars – 2006 Division “B” Updated 17 March 2006 Page B 16 6.5.6 Duty of Care If a person does any act or makes any omission which (a) having regard to all the circumstances is negligent, and (b) causes or is reasonably likely to cause, any personal injury or damage to property; that person has breached this Rule.
B 6.5
6.5.7 Fail to Attend A person who fails to attend a Hearing, or at any Appeal Court Hearing, which they have been required to attend has breached this Rule. 6.5.8 Fail to Give Evidence A person who fails to give evidence at, or submit to examination by, a Hearing or at any Court hearing an Appeal has breached this Rule. 6.5.9 Fail to Pay A person who fails to pay: (a) any monies owing to CAMS within forty-eight (48) hours of such monies falling due; or (b) any monies owing to V8 Supercars or TEGA within seven (7) days of such monies
B 6.5
falling due, has breached this Rule. 6.5.10 Fail to Obey A person who fails to obey the proper directions or instructions of an official appointed to the Meeting has breached this Rule 6.5.11 False Information A person must not give any evidence or information in any form which the person knows, or ought objectively to know, to be false or misleading to (a) a Hearing, or (b) a Court hearing an Appeal. 6.5.12 Fraudulent Misrepresentation A person must not fraudulently misrepresent, either verbally or in writing, any
B 6.5
information which is likely to either mislead or deceive a person authorised by the relevant ASN, V8 Supercars or TEGA to receive that information. 6.5.13 Intimidation & Threats A person must not by words, acts, or omissions abuse, intimidate or threaten any other person. 6.5.14 Regulations and Bulletins A person must comply with all provisions of all Supplementary and any Further Regulations, instructions and Bulletins; and any breach of any such provisions will be dealt with under these Rules as if the relevant provisions were part of these Rules.
B 6.5
6.5.15 Vilification A person must not engage in conduct amounting to vilification of, or discrimination against, any person on the basis of their gender, race, religion or sexual orientation. 6.5.16 General Technical Ineligibility (a) Definition: Eligible cars are those complying with all parts of Division C, and presentation by a Competitor of a Car will be deemed an implicit statement of conformity with all the Rules in that Division. (b) Offence: A Competitor must not submit an ineligible vehicle, nor breach the
B 6.5
provisions of Division C. 6.5.17 Directions of Officials: (a) Race Director: a Driver and/or Team must obey the directions (however given or transmitted) of the Race Director; (b) Officials Generally: A Driver and/or Team must obey the directions of any appointed official of the Meeting. © V8 Supercars – 2006 Division “B” Updated 17 March 2006 Page B 17 6.6 Endorsement of Pass Book/Licence Whenever a penalty is imposed on a Competitor and/or Driver, the details will be entered by
B 6.7
the Stewards on the offender’s Pass Book/Licence. B 6.7 Defences At a Hearing or at an Appeals Hearing, it will be a defence to any offence in these Rules if the person – against whom a breach of the Rules is alleged – can establish that: 6.7.1 they had an objectively reasonable justification or excuse for doing the act, or making the omission, which constituted the offence, or 6.7.2 the act or omission constituting the offence occurred by accident or independently of the exercise of the will of the person charged with the offence.
B 7.2
© V8 Supercars – 2006 Division “B” Updated 17 March 2006 Page B 18 NOTE: This page is intentionally blank © V8 Supercars – 2006 Division “B” Updated 17 March 2006 Page B 19 NOTE: This page is intentionally blank © V8 Supercars – 2006 Division “B” Page B 20 B 7. PENALTIES B 7.1 Applicable Penalties The Stewards may impose any penalties set out in the Mandatory Minimum Penalties and/or any of the Other Penalties contained in Rule B 7.6. B 7.2 Hearing on Penalty
B 7.2
Where the Stewards determine an offence has been committed, before imposing any penalty the Stewards shall: 7.2.1 give the offender the opportunity to make submissions on penalty, including any mitigating circumstances which may bear on the extent of the penalty which may be imposed; and 7.2.2 give the IPO the opportunity to make representation and submissions on the subject of penalty and he may request that the Stewards apply any of the penalties able to be applied under these Rules.
B 7.3
B 7.3 Take into Account 7.3.1 The Stewards must have regard to the most appropriate penalty or penalties and should take into account the following factors in assessing any penalty to be imposed: 7.3.1.1 whether the offender made an early admission of a breach of the Rules or whether the Stewards found against them following a Hearing, 7.3.1.2 if the offender is a member of a multi-Car Team or Group, the Stewards must consider whether the offence was committed to assist another Team member
B 7.3
to gain any advantage. 7.3.1.3 any other aggravating or mitigating factors, 7.3.1.4 the Mandatory Minimum Penalties and any Other Penalties, 7.3.1.5 any previous breaches of the Rules, whether or not such breaches appear in the offender’s Pass Book/Licence. 7.3.2 The Stewards may deduct series points in excess of the number of points actually accrued by an offender, even if this results in a negative point score. 7.3.3 If the Stewards decide to reduce the penalty inflicted in the case of an admission of
B 7.6
guilt prior to the commencement of a Hearing the scale of adjustments to the penalties are outlined in the Mandatory Minimum Penalties. B 7.4 Reasons The Stewards may, but will not be obliged to, give reasons for the imposition by them of any penalty. B 7.5 Multiple Penalties The Stewards may impose one or more of the specific penalties applicable under these Rules. B 7.6 Other Penalties 7.6.1 In addition to, the Mandatory Minimum Penalties the Stewards may impose any of the
B 7.6
following penalties: 7.6.1.1 Reprimand; 7.6.1.2 Relegate a Competitor or Driver: 7.6.1.2.1 to the rear of a starting grid; 7.6.1.2.2 or by a number of grid positions; 7.6.1.2.3 or to the rear of a starting grid with a time penalty for a race at the Meeting or at the next Meeting or Meetings © V8 Supercars – 2006 Division “B” Page B 21 7.6.1.3 Demote a Competitor or Driver from the finishing order of a race to a lesser finishing order of the race by amending the results of a Competition and/or
B 7.7
imposing a time penalty expressed in minutes and/or seconds. 7.6.1.4 Exclude a Competitor or Driver from a race or session. 7.6.1.5 Exclude a Competitor or Driver from a complete Round of a series 7.6.1.6 Recommend to CAMS that a Competitor or Driver be suspended or disqualified. 7.6.1.7 Fine a Competitor or Driver up to the maximum provided for in the ISC. 7.6.1.8 Deduct series points from a Competitor or Driver to a maximum of 320 points. B 7.7 Suspended Operation of Penalty
B 7.9
After imposing any penalty, the Stewards have the power to suspend its operation on such terms as they see fit. B 7.8 Liability to Pay Fines Any Competitor or Participant found to have committed a breach of these Rules will be responsible for the payment of any financial penalty imposed and, in the event of non payment within the time specified in Rule B 7.9, the Competitor may also be suspended by CAMS from competing in any Meeting until the fine is paid. B 7.9 Time for Payment
B 7.10
Notwithstanding Rule B 7.8, financial penalties must be paid to CAMS within forty-eight (48) hours of their imposition, and failure to pay within that time, without any further order or request for payment to be made may result in: 7.9.1 the Competitor and/or Driver being excluded from any Meeting; and 7.9.2 suspension of the Competitor by CAMS while the financial penalty remains unpaid. B 7.10 Allocation of financial penalties The proceeds from all financial penalties, all forfeited Protest fees and the proceeds from
B 7.10
Appeal fees must be remitted to CAMS. © V8 Supercars – 2006 Division “B” Page B 22 SCHEDULE B 1 (Rule B 5.2.1) FORM NOTICE OF INTENTION TO APPEAL Venue:…………………………………………… Date:……/……../………. To the Stewards of the Meeting: I*/We*……………………………………………………………………………………………………. Name/s of intended appellant/s Of:………………………………………………………………………………………………………… Address being the holder of Pass Book/Licence/s number/s:……………………………………………….. Indicate issuing ASN (e.g. CAMS) intend to Appeal against the decision/s of the Stewards of the Meeting made on……/…../…...
B 7.10
at the ……………………………………………………………………………………………………. Circuit*/Place* I*/We* intend to Appeal against: (1) a finding of a breach of ……………………………………………………………………………. ……………………………………………………………………………………………………………. List the breach*/es* found by the Stewards on the following ground*/s* in accordance with Rule B5.1.3: (Tick the appropriate box) (a): The Severity of the penalty (b): An error in the Application and Interpretation of the Rules by the Stewards (c): Natural Justice was denied by the Stewards
B 7.10
I*/We* will lodge the Notice of Appeal (Rule B 5.2.2) with the V8 Supercar National Court of Appeal within two (2) days of being advised of the Stewards’ decision against which it is intended to Appeal. I*/We* agree to be bound by the provisions of Rule B 5 and the provisions of the International Sporting Code of the FIA and tender the Appeal Fee of $10,000 plus GST (Rule B 5.2.3) which accompanies this Form. Signed:…………………………………………………………………………………………………... NOTE: This form and the Appeal Fee, must be submitted to the Stewards within one
B 7.10
hour of the appellant/s having been advised of the decision against which it is intended to Appeal. * Delete as applicable. Received by:…………………………..at……….hours on :…/……/……at ……………(place). © V8 Supercars – 2006 Division “B” Page B 23 SCHEDULE B 2 (Rule B 5.2.2) FORM NOTICE OF APPEAL To the V8 Supercar National Court of Appeal: Date:……/……../………. I*/We*……………………………………………………………………………………………………. Name/s of appellant/s Of:………………………………………………………………………………………………………… Address being the holder of Pass Book/Licence/s number/s:………………………………………………
B 7.10
also indicate issuing ASN (e.g. CAMS) hereby Appeal against the decision/s of the Stewards of the Meeting made on ……/…../…... at……………………………………………………………………………………………………….. Circuit*/Place* I*/We* intend to Appeal against:: (1) a finding of a breach/breaches of ………………………………………………………………... ……………………………………………………………………………………………………………. List the Rule number*/s* of the breach*/es* found by the Stewards On the following grounds: (a): The Severity of the penalty (b): An error in the Application and Interpretation of the Rules by the Stewards
B 7.10