Documents / 2011 / Division B
Regulation document · 2011
Division B — Judicial · 2011 · FIA
93 clauses. The original document is below — press Ctrl/⌘-F to search within it. Open in new tab ↗ Download ↓
B 1.3 © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 1 DIVISION “B” – JUDICIAL RULES B 1.1 HEARINGS The Stewards shall conduct Hearings in accordance with these Rules and may regulate and determine the format of such Hearing as they shall see fit subject only to the ISC. B 1.2 Commencement The Stewards may commence a Hearing upon referral to them of any dispute under these Rules, including any matter of their own volition. B 1.3 Conduct Three Stewards shall be present at all Hearings. The Stewards may hear any matter in B 1.5 their absolute discretion at any time in accordance with the authority given by Part X Article 141 of the ISC. B 1.4 Expeditious Stewards shall expedite Hearings and give notice to those that they require to attend. Failure to attend shall not preclude the Stewards hearing a matter in the absence of any party. Hearings shall be conducted with a minimum of formality and legal technicality. B 1.5 Representation At any Hearing the person attending: 1.5.1 must state their case in person; B 1.6 1.5.2 may at the discretion of the Stewards, have the assistance of the Competitor or 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 (subject to B1.5.4); 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. B 1.6 Evidence The Stewards are not bound by the rules of evidence or by practices or procedures B 1.6 applicable to persons exercising a judicial capacity in any court, but may inform themselves 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 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 B 1.8 1.6.2 All the provisions of Rule B1.6.1 will also apply in full to any Hearing conducted by the Court. B 1.7 Decision After the Hearing has concluded the Stewards will present a decision consistent with the information available at the Hearing, and subject to Rule B 7.2 impose such penalties and make such orders and give such directions as they may think fit. B 1.8 Decision Binding All persons affected by or concerned in a Hearing will be bound by the decision of the Stewards, subject only to rights of Appeal. B 1.10 © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 2 B 1.9 Decision in Absentia If any person(s) at all 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 that person(s) B 1.10 Validity of Hearing and Decision Subject to the requirements of the ISC any procedure or requirement regulating a Hearing will be regarded as a guideline only, and any decision of the Stewards is not B 1.12 invalid by reason of a procedure or requirement not being fulfilled. B 1.11 Adjourned Hearing If it is not practicable to complete a Hearing, it may be adjourned to another time and place and may be heard by Stewards other than those who commenced the Hearing. Such adjourned Hearing shall be conducted by at least one (1) Steward who comprised the original panel of Stewards. B 1.12 Competitor Request For Incident Review (“Request”) Only the Competitors who have been involved in an Incident may request the IO to B 2.1 conduct an investigation of such Incident. The Request for Incident Review Form (Form 3 in Schedule F) may be submitted to the IO at any time, but never later than thirty (30) minutes after the conclusion of the race or practice or qualifying session. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 3 B 2. PROCEDURES FOR HEARINGS B 2.1 Inform Person/s Involved 2.1.1 All persons required by the Stewards that are directly involved in a Hearing will be given reasonable notice to attend the Hearing. B 2.4 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 Technical Issues 2.4.1 Technical issues, including eligibility, of Cars will be referred to the IO by the CTM for Investigation before referral to the Stewards B 2.5 2.4.2 The Stewards may refer at their discretion technical issues to the CTM for determination. 2.4.3 The determination of the CTM is deemed to be a finding of fact. 2.4.4 The right to appeal the determination of the CTM is subject to Rule A10.3.2 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. B 3.1 © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 4 B 3. COMPLIANCE WITH HEARINGS B 3.1 Person must comply and attend 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 ; 3.1.3 provide a full and truthful account of matters within their knowledge ; 3.1.4 fully and truthfully answer any questions; 3.1.5 at the request of the Stewards, produce any document, image, videotape or any other B 3.2 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 . B 3.2 Cars to Carry Video Recorders All Cars entered in any VCS Meeting must carry a fully operational digital video camera and recording device and any associated Camera equipment to ensure the full functionality and recording capability of the Camera in all practice, qualifying and racing sessions of all Meetings. B 3.2 3.2.1 The Camera system will be supplied, by V8 Supercars. 3.2.2 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, and without obstruction at all times, the Drivers view of the race track ahead. 3.2.3 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 Circuit for all practice, B 3.2 qualifying and racing sessions at a Meeting. 3.2.4 Access to the Camera must be provided to V8 Supercars appointed technicians at any time upon request. 3.2.5 No person other than authorised V8 Supercars personnel shall interfere with the Camera, other than to remove and replace the flash card. 3.2.6 Teams are permitted access to the video images recorded by the Cameras, however the footage is “strictly for private internal team purposes; that is, it cannot be sold, licensed, broadcast, published, commercially exploited or otherwise publicly displayed B 3.3 or distributed, including in any case via internet. 3.2.7 When requested Teams must immediately provide the flash card to the IO upon request. 3.2.8 At all times the Camera and images recorded remains the property of V8 Supercar. 3.2.9 No Camera may be transferred to any Team, other Entity or person without the written approval of V8 Supercars. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 5 B 3.3 Influencing witnesses It is expressly forbidden for any person directly or indirectly to influence any person who is, or B 3.4 ought reasonably to be regarded as, required to appear or give evidence at any Stewards Hearing or Court Hearing. B 3.4 Incidents Any Driver who has been involved in any Incident that may be subject to an investigation by the IO or a Hearing, may not leave the precincts of the Meeting if that drivers name is posted on a notice on the door of the office of the IO unless that Driver has first obtained the permission of the Stewards. The notice on the IO office door shall be posted not later than B 4.1 1 hour after the end of the race. B 3.5 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 the decision of the Stewards has been released. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 6 B 4. PROTESTS B 4.1 Right to Protest 4.1.1 The right to Protest lies only with a Protestor. 4.1.2 A Protestor seeking to Protest against more than one other Competitor must lodge as B 4.2 many Protests as there are Competitors involved in the matter concerned. 4.1.3 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 issue or item against which a Protest is made. B 4.2 No Right to Protest No right of Protest exists against any decision: 4.2.1 made by the Stewards in the course of carrying out their duties pursuant to these Rules; or 4.2.2 of a Judge of Fact concerning a question which they have been officially appointed to B 4.3 decide; or 4.2.3 of the CTM on an issue of safety of a Car. B 4.3 Notice of Protest and Fee 4.3.1 Every Protest must be in writing addressed to the V8 Supercar Stewards and accompanied by the Protest Fee of $4,000 plus GST payable to CAMS; 4.3.2 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 dismantling operation or process. In the event of a dispute related to the number of B 4.4 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 CTM for determination. The determination of the CTM will be final 4.3.3 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 4.4 Protest Time Limits 4.4.1 The written notice of Protest must be lodged where the Protest: 4.4.1.1 is against the entry of a Competitor or Driver, within two (2) hours after the B 4.4 closing time for the official scrutineering of Cars; 4.4.1.2 is against the make-up of a grid for a race, prior to forty five (45) minutes before the scheduled time of the opening of Pit Lane for that Race; 4.4.1.3 is against a decision of the CTM, regarding scrutineering or weighing of a Car, immediately after such decision has been made; 4.4.1.4 is against a decision of the IO, within thirty (30) minutes of such decision being advised to the affected Participants; 4.4.1.5 is against the race results, must, except in circumstances which the Stewards B 4.4 consider as physically impossible, be made within thirty (30) minutes after the publication of the provisional results; 4.4.1.6 relates to any other matter occurring at a Meeting, no later than thirty (30) minutes after the publication of provisional results. 4.4.2 The Stewards shall treat all Protests referred to above as urgent and shall hear them as soon as practicable. 4.4.3 The time limits for lodging a Protest may only be extended by the Stewards,if it can be shown that there were exceptional circumstances. B 4.5 4.4.4 The Court shall not have jurisdiction to extend any time limits that have been determined by the Stewards. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 7 B 4.5 Examination of Car, Assembly or Component 4.5.1 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 CTM. 4.5.2 The examination of any Car, assembly or component impounded or sealed pursuant B 4.5.2 to Rule B 4.5.1 will be carried out under the authority of the CTM who must report in writing the results of such examination to the Stewards. 4.5.3 At the direction of the Stewards, parts or components of a Car may be sealed for examination at a later time by the CTM. 4.5.4 The Protestor is not entitled to attend the examination referred to in Rules B 4.5.1 and B 4.5.2. 4.5.5 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 B 4.5.2 subject Car, assembly or component for such examination, must be paid to CAMS by the unsuccessful party to the Protest. 4.5.6 Any assessment which needs to be made of the “reasonably necessary costs” referred to in Rule B 4.5.5, will be made by either the Stewards hearing the Protest or the Court. 4.5.7 If the Protestor is the unsuccessful party, the whole or part of the bond (Rule B 4.3.2) will be applied to the costs referred to in Rule B 4.5.5 and, if that bond is insufficient to B 4.6 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 4.5.6. 4.5.8 The whole of the bond referred to in Rule B 4.3.2 may be refunded only if the Protest is upheld. B 4.6 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 B 4.7 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 parties concerned, they must be advised of the time and place at which the decision will be given; subsequent to which all parties concerned will be bound by the decision, subject only to their rights of Appeal. B 4.7 Vexatious Protests If, during a Hearing, the Stewards determine the Protest is frivolous, malicious or vexatious or B 5.1 consider that the Protestor acted in bad faith, the Protestor shall be deemed to have breached these Rules. In such case the Stewards shall impose a penalty on the Protestor. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 8 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" to The V8 Supercar National Court of Appeal (The Court) 5.1.2 The right of Appeal is available only on the following grounds: B 5.1 5.1.2.1 the severity of the penalty; and/or 5.1.2.2 an error in the application and interpretation of the Rules by the Stewards; and/or 5.1.2.3 Natural Justice having been denied by the Stewards 5.1.3 Neither the appellant nor the respondent may produce any new evidence at the Appeal without the prior written permission of the Court. The Court shall not give permission to produce new evidence unless: 5.1.3.1 the evidence could not by reasonable diligence have been obtained by the B 5.2 appellant prior to the conclusion of the Hearing before the Stewards; and 5.1.3.2 which is of sufficient value that, considered with other evidence which was before the Stewards, the Stewards may have reached a different decision. 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 F – Form 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 lodge the Notice with the B 5.2 Stewards. 5.2.1.3 The Notice must be accompanied by the Appeal Fee of $10,000.plus GST. 5.2.1.4 The right to Appeal is automatically forfeited if the appellant does not provide the written Notice and the Appeal Fee.within time to the Stewards. 5.2.2 Notice of Appeal (“Appeal”) 5.2.2.1 The form of the Appeal is set out in Schedule F – Form 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 B 5.2 Court. 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 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 remains payable even if the appellant does not follow up the declared intention to Appeal contained in the Notice (Rule B 5.2.1). 5.2.3.2 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. B 5.3 © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 9 5.2.3.3 If the Court finds the Appeal partly founded, the Court may order a part of the Fee be returned to the appellant. 5.2.3.4 If the Court upholds the Appeal, the Court may in its discretion order part or 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 Stewards and lodgment of the Appeal (Rule 5.2.2) will not affect the validity or B 5.3 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 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 B 5.4 aside the penalty pending the outcome of the Appeal. 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 The Court may permit representation of an appellant by an advocate where undue hardship would, in its opinion, 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 Court to be represented by a person who is or has B 5.4 been a registered legal practitioner. Where in the opinion of the Court the matter before it has the potential to result in severe consequences in the form of the Penalties that may be inflicted on the appellant, the Court may, having due regard for these Rules, at its 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 B 5.4 least 70% of the maximum fine permitted under the ISC for a single breach of the Rules. 5.4.4 Application for permission for representation by an advocate under Rule B 5.4.2 and/or to be 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 together with detailed reasons for such application addressed to: The Secretary V8 Supercar National Court of Appeal 851 Dandenong Road, Malvern East, Victoria, 3145; or B 5.4 P.O. Box 147 Caulfield East, Victoria, 3145 Email: v8appealcourt@cams.com.au at least 7 (7) days prior to the time scheduled for the hearing of the matter; and no extension of time for making such application shall be permitted by the Court. 5.4.4.2 upon receipt of an application made in accordance with Rule B5.4.4.1, the Secretary shall immediately forward a copy of the application and the reasons therefore, to the members of the Court and by way of advice to all parties to the Appeal who shall be provided with forty eight (48) hours to B 5.4 © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 10 make a written submission to 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 discretion of the Court having full regard to the Rules and which will in such circumstances make 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 5.4 (b) the imposition of any time limits for the lodgment of written submissions as to the Appeal proper; and (c) the presentation of verbal evidence before the Court. The Court will cause all affected parties to be advised of the orders in writing no less than seventy two (72) hours prior to the time scheduled for the hearing of the Appeal. Any delay in advising the parties shall result in a like delay to the date for hearing unless otherwise consented to by all parties to the Appeal. B 5.5 5.4.5 V8 Supercars and CAMS both shall have the right of being represented either as Respondent or Appellant, at any Appeal and, without limitation may make submissions in regard to the Appeal and any matter arising from the Appeal 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 (9) days after the conclusion of the Meeting, or the publication of the Findings of the Stewards, whichever is the latter from B 5.6 which the Appeal arose unless: 5.5.1 the Court orders otherwise at least forty eight (48) 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 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; 5.6.1.3 B 5.6 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. 5.6.2 At any Appeal Hearing if a person, or a person’s witnesses, fails to attend at the time B 5.7 and place as required, in their absence the Court may determine the Appeal. 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. Preliminary matters such as dealing with Notices or Applications may be dealt with by electronic means between the members of the Court. B 5.7 5.7.2 Subject only to these Rules, the Court may regulate any Hearing in such manner as it 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. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 11 5.7.4 In its deliberations 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 B 5.8 of the Rules. 5.7.5 The Court is not bound by the formal rules of evidence or by practices or procedures applicable to persons exercising any judicial capacity in a court. 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 B 5.8 whether the Appeal should succeed. 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 may 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. B 5.8 5.8.4 In reviewing any Penalty, the Court must give the appellant and the respondent the 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 shall be bound by the Court’s decision, subject only to rights of appeal pursuant to the ISC of the FIA. B 5.9 5.8.7 The Court must give its decision in writing within fourteen (14) days from the conclusion of the Appeal Hearing. 5.8.8 The Court may, in addition to applying any part/s of this Rule, also make such orders and give such directions as they may, in their absolute discretion, reasonably think fit. 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 or the ISC. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 12 B 6 BREACHES OF THE RULES B 6.1 Sources of Offences B 6.3 A person may be dealt with by the Stewards if that person breaches any of these Rules., the Supplementary or Further Supplementary 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, the table of Recommended Minimum Penalties, the NCR and the ISC. B 6.3 Extent of Jurisdiction The Stewards shall have jurisdiction to conduct a Hearing into any alleged breach of the B 6.4 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 liable for a breach of the Rules if the Stewards determine that the act or omission constituting the breach of the Rules was committed, or was attempted to be committed: 6.4.1.1 by the offender in person; or 6.4.1.2 by another person who was counseled or procured by the offender to do, or attempt to do, the act or make the omission; or B 6.5 6.4.1.3 by another person who counseled 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 Participants, and each of these will be equally responsible for any 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 B 6.5 assault with another person, except in self defense. 6.5.2 Alcohol and Prohibited Substances 6.5.2.1 All Participants are required to comply with the CAMS Anti-Doping Policy, details of which are included in the CAMS Manual of Motorsport. Further information can be found at: http://www.cams.com.au 6.5.2.2 In summary, the CAMS Anti-Doping Policy, which all V8 Supercar Participants must comply with includes: • Condemnation of Prohibited substances and methods • The only legitimate use of prohibited substances is under the B 6.5 supervision of a Medical practitioner for a clinically justified purpose. 6.5.2.3 The persons bound by this policy include all Drivers, Competitors, Team Members, Officials and employees and contractors of V8 Supercars. 6.5.2.4 The maximum permitted blood alcohol content is 0.01mg/100ml. Any persons found to exceed this amount will be excluded from any further participation in the Meeting and may face further Penalties. 6.5.2.5 Cannabis and other recreational substances are prohibited in any B 6.5 concentration. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 13 6.5.2.6 Tests may be carried out on persons at anytime during any activity undertaken under the control of a CAMS Organising Permit or CAMS TOPCAR Permit. 6.5.2.7 Penalties are outlined in the CAMS Anti-Doping Policy and include a two (2) year suspension of licence for a first offence. 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 B 6.5 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 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. 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; B 6.5 that person has breached this Rule. 6.5.7 Fail to Attend A person who fails to attend a Hearing, or any Appeal Court Hearing, of which they have been given notice and are 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; B 6.5 (b) any monies owing to V8 Supercars within seven (7) days of such monies falling due has breached this Rule. 6.5.10 Fail to Obey A person who fails to obey the proper directions or instructions of any 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 B 6.5 A person must not fraudulently misrepresent, either verbally or in writing, any information which is likely to either mislead or deceive a person authorised by V8 Supercars, CAMS or the ISC 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. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 14 6.5.14 Regulations and Bulletins A person must comply with all provisions of all Supplementary and any Further B 6.5 Supplementary 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 the Rules. 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 B 6.5 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 provisions of Division C of these Rules.. 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 (however given B 7.2 or transmitted) of any appointed official of the Meeting. 6.6 Endorsement of Pass Book/Licence Whenever a Penalty is imposed on a Competitor and/or Driver, the details will be entered by the Stewards in the offender’s Pass Book/Licence. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 15 B 7. PENALTIES B 7.1 Applicable Penalties The Stewards may impose any Penalties set out in the Rules, the table of Recommended Minimum Penalties, the NCR or the ISC. B 7.2 Hearing on Penalty B 7.2 Where the Stewards have found a breach of the Rules, before imposing any Penalty the Stewards shall: 7.2.1 give the Participant the opportunity to make submissions on Penalty, including any mitigating circumstances; and 7.2.2 give the IO the opportunity to make representation and submissions on the subject of Penalty. 7.2.3 allow if requested, the participant to view the table of Recommended Minimum Penalties. The reproduction of that schedule in any format is not permitted . B 7.3 B 7.3 Take into Account 7.3.1 The Stewards must take into account the following factors before imposing any penalty: 7.3.1.1 whether the Participant made an early admission of a breach of the Rules or whether the Stewards found against the Participant following a Hearing, 7.3.1.2 if the Participant is a member of a multi-Car Team or Group, whether the breach assisted another Team member to gain any advantage. 7.3.1.3 any other aggravating or mitigating factors, 7.3.1.4 the table of Recommended Minimum Penalties, Rule B 7.6, the NCR and the B 7.6 ISC. 7.3.1.5 any previous breaches of the Rules,and a breach of the same Rule within 2 years before, shall result in an increased penalty 7.3.1.6 submissions made as to penalty by the IO. 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 table of Recommended Minimum Penalties the Stewards may B 7.6 impose any of the 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 by a number of grid positions; 7.6.1.2.3 to the rear of a starting grid with a time penalty for a race at the Meeting or at the next Meeting or Meetings; 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 imposing a time Penalty expressed in minutes and/or seconds. B 7.6 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 © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 16 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 a Driver to a maximum of 300 points with a consequent forfeiture any relevant awards (whether of prize B 7.7 money or of trophies) to which that Driver and/or Competitor may otherwise have been entitled. 7.6.1.9 PLP, during or after the event, which is not subject to protest or appeal and may not be served while Safety Car boards are displayed, 7.6.1.10 Any additional penalty even if a PLP has been previously imposed. 7.6.1.11 Or another penalty deemed appropriate in the circumstances B 7.7 Suspended Operation of Penalty After imposing any Penalty, the Stewards have the power to suspend its operation on such B 7.9 terms as they see fit. B 7.8 Liability to Pay Fines Any Competitor or Participant found to be in breach of these Rules shall be responsible for the payment of any financial Penalty imposed. In the event of non payment within the time specified in Rule B 7.9 the Competitor or Participant may also be suspended by CAMS from Competing in any Meeting until the fine is paid. B 7.9 Time for Payment Financial penalties must be paid to CAMS within forty-eight (48) hours of their imposition. B 7.11 Failure to pay within that time, without any further order or request for time for payment to be made may result in: 7.9.1 the Competitor and/or Driver being excluded by the Stewards 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 Appeal fees must be remitted to CAMS. B 7.11 Penalties for Kerb Infringements B 7.11 7.11.1During any Practice Session: a) First adjudged breach will result in a warning. b) Second adjudged breach will result in the loss of the fastest lap time recorded by the Car during the session. c) Third and subsequent adjudged breaches will result in the loss of the next fastest time recorded by the Car and so on. 7.11.2 During any Qualifying Session: a) First adjudged breach will result in the loss of the fastest lap time recorded by the Car during that session. b) Second and subsequent adjudged breaches will result in the loss of the next B 7.11 fastest time recorded by the Car and so on. 7.11.3 During a Race a) First adjudged breach will result in a warning. b) Second and subsequent adjudged breaches will result in a PLP © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 17 SCHEDULE B 1 V8 SUPERCAR NATIONAL COURT OF APPEAL TERMS OF REFERENCE (Rule B 5.1.3) 1. CONSTITUTION OF THE COURT 1.1 The Court shall comprise a Chairman, a Deputy Chairman and a panel of other members, drawn from a Judicial Panel of independent persons appointed by CAMS. B 7.11 1.2 If, in any event the Chairman through absence, illness or otherwise shall be unable to act as Chairman, the Deputy Chairman shall be entitled to exercise all of the powers and duties of the Chairman. If in any case both the Chairman and the Deputy Chairman shall be unable to act as aforesaid, the Chairman of the Court or the President of CAMS shall have the power to appoint an Acting Chairman for the purposes of an Appeal and such Acting Chairman shall be entitled to exercise all of the powers and duties of the B 7.11 Chairman in respect of such Appeal. 1.3 No member of the Court may sit on a case if: 1.3.1 they have been involved in any way as Participants or officials in the Meeting under consideration; or 1.3.2 if they have participated in any earlier decision concerning, or have been involved directly or indirectly in the matter under consideration. 1.4 Members of the Court will not be paid for their attendance at any Appeal Hearing, but reasonably incurred costs of and incidental to their attendance at any Hearing will be B 7.11 paid by CAMS. 1.5 The Chairman of the Court may be legally qualified and will preside over, and regulate, proceedings at the Appeal. 1.6 CAMS will appoint a person to act as Secretary to the Court 1.6.1 The Secretary of the Court will assist the Court by the preparation of an appropriate Court Book which shall be provided to the members of the Court no less than 48 hours prior to the date and time set for the commencement of the Hearing and which will include amongst other things provided solely to assist the B 7.11 Court: 1.6.1.1 A copy of the Notice of Intention to Appeal submitted in accordance with Rule B5.2; 1.6.1.2 A copy of the Notice of Appeal submitted in accordance with Rule B5.2; 1.6.1.3 Proof that the Fee has been lodged in accordance with Rule B5.2; 1.6.1.4 Copies of all applications received seeking leave of the Chairman to be represented before the Court submitted in accordance with Rule B5.4; 1.6.1.5 Copies of all written submissions on the matter of representation before B 7.11 the Court that have been received from Parties to the Hearing in accordance with Rule B5.4; 1.6.1.6 Copies of any preliminary orders that have been made by the Chairman in accordance with the Rules; 1.6.1.7 Copy of the Summary of Stewards Hearing; 1.6.1.8 Copy of any available transcript of the Stewards Hearing; 1.6.1.9 Copy of the table of Recommended Minimum Penalties; 1.6.1.10 Rule references that have been made in any documents presented to the Court prior to the commencement of the Hearing; B 7.11 1.6.1.11 Reference to defined terms contained within the Rules and/or the REC (although not necessarily in the definitions clauses in Rule A2.2.) © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 18 2. MEMBERS OF THE COURT 2.1 At least three (3) members of the Court must be present for the duration of an Appeal Hearing. 2.1.1 Wherever possible the Chairman and the Deputy Chairman will sit on all Appeals before the Court. 2.2 Each Member of the Court should: 2.2.1 Preferably have an extensive knowledge of motor sport and in particular the V8 B 7.11 Supercar Championship series and the Fujitsu V8 Supercar Series; and 2.2.2 Not have competed in any way for two (2) or more years in any V8 Supercar Meeting; and 2.2.3 Have familiarised himself with the Rules of V8 Supercar Racing to ensure the appropriate control of the sporting elements of the Championship. 2.3. Members of the Court: 2.3.1 must be seen to be impartial and, upon appointment to the Judicial Panel, must declare in confidence to CAMS any interests in motor sport which may be seen B 7.11 as compromising their impartiality in the exercise of their appellate duties; 2.3.2 must be impartial in the exercise of their appellate duties and must have no connection with any particular trader’s or manufacturer’s business which might benefit, or be seen to benefit, directly or indirectly from the result of any Appeal. 2.3.3 may, but need not be, members of an ASN. 3. MEDIA PERMITTED TO ATTEND Accredited members of the media may be permitted to attend and observe Hearings of the B 7.11 Court at the discretion of the Court. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 19 SCHEDULE B 2 CODE OF DRIVING CONDUCT 1. OBSERVANCE OF SIGNALS The instructions detailed in Appendix H to the International Sporting Code, Schedule D3 and Rule D10 are deemed to be part of this code of driving conduct. All drivers must abide by them. 2. DRIVING STANDARDS The following driving standards will apply: 2.1 Careless Driving Departing from the Standard of a competent Driver. B 7.11 2.2 Reckless Driving Any unintentional action by a driver which creates serious risk to others. 2.3 Dangerous Driving Any intentional action by a driver which creates serious risk to others. 3. OVERTAKING a) A car alone on the track may use the full width of the said track, however as soon as it is caught by a car which is about to lap it the driver must allow the faster driver past at the first realistic opportunity. If the driver who has been caught does not seem to make full use of the rear-view B 7.11 mirrors flag marshals will display waved blue flags to indicate that the faster driver wants to overtake. Any driver who appears to ignore the blue flags will be reported to the stewards of the meeting. b) Overtaking, according to the circumstances, may be carried out either on the right or the left. However, manoeuvres liable to hinder other drivers such as more than one change of direction to defend a position, deliberate crowding of a car beyond the edge of the track or any other abnormal change of direction, are strictly prohibited. Any driver who B 7.11 appears guilty of any of the above offences will be reported to the stewards of the meeting. c) Drivers must use the track at all times. For the avoidance of doubt: - the lines defining the track edges are considered to be part of the track but the kerbs are not, and - a driver will be judged to have left the track if no part of the car remains in contact with the track. - no Driver may shortcut the track Should a car leave the track for any reason, and without prejudice to 2(d) below, the B 7.11 driver may rejoin. However, this may only be done when it is safe to do so and without gaining any advantage. d) Repetition of serious mistakes or the appearance of a lack of control over the car (such as leaving the track) will be reported to the stewards of the meeting and may entail the imposition of penalties up to and including the exclusion of any driver concerned. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 20 e) It is not permitted to drive any car unnecessarily slowly, erratically or which is deemed B 7.11 potentially dangerous to other drivers at any time. 3. CARS STOPPING DURING A RACE a) The driver of any car leaving the track because of being unable to maintain racing speed should signal the intention to do so in good time and is responsible for ensuring that the manoeuvre is carried out safely and as near as possible to a point of exit. b) Should a car stop outside the pit lane it must be moved as soon as possible so that its presence does not constitute a danger or hinder other drivers. B 7.11 If the driver is unable to move the car it shall be the duty of the marshals to assist. If such assistance results in the driver rejoining the race, this must be done without committing any breach of the regulations and without gaining any advantage. c) Repairs carried out on the track may only be made by the driver using tools and spare parts carried aboard the car. d) Replenishment of any kind is prohibited save when the car concerned is stopped at its pit. e) Apart from the driver and duly appointed officials, nobody is allowed to touch a car B 7.11 except in the pit lane. f) Pushing a car on the track is prohibited. g) Except during a race suspension, any car abandoned on the circuit by its driver, even temporarily, shall be considered as withdrawn from the race. h) Any abandoned Car must be in neutral (unless on a steep incline) with the steering wheel in place. 4. ENTRANCE TO a) The section of track leading to the pit lane shall be referred to as the “pit entry”. b) During competition access to the pit lane is allowed only through the pit entry. B 7.11 c) Any driver intending to leave the track or to enter the pit lane should make sure that it is safe to do so. d) Except in cases of force majeure (accepted as such by the stewards of the meeting), the crossing, in any direction, of the line separating the pit entry and the track is prohibited. 5. EXIT FROM THE PIT LANE a) Except in cases of force majeure (accepted as such by the stewards of the meeting), any line painted on the track at the pit exit for the purpose of separating cars leaving the B 7.11 pits from those on the track must not be crossed by any part of a car leaving the pits. 6. PRACTICE STARTS/BURNOUTS Unless otherwise specifically authorised, all practice starts or “burn outs” are prohibited except those made from the Pit Lane exit beyond the speed de-restriction sign or at the start of any formation lap. © V8 Supercars – 2011 Division “B” FIA APPROVED Page B 21 7. KERB INFRINGMENTS a) A Driver must not i) consistently cut corners by driving over the inside of kerbs or off the Race Track B 7.11 surface; or ii) cut any corner which results in material or debris being brought onto the Race Track; or ii) perform any act which results in material or debris being brought onto the Race Track.