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Re: MSA appeal results
Posted by 'Alan' on 03 Dec 2017 @ 02:04


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Alan
Joined: August 2001
Total Posts: 233
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“Every protest, which must be in writing, must include the grounds for the protest….” In the present case the protest identifies the components that are the subject of complaint, and they are the same in the case of both appellants. General Regulation C5.2.2 (a) deals with time limits in cases of apparent ineligibility and C5.2.2 (b) deals with protest time limits in cases where the reason for the alleged ineligibility is not apparent, but it is alleged that the vehicle is performing in a manner which suggests that it is ineligible.

Just my five pennyworth......

It appears that the protest was made against nine engines in total, some of which were not even used at the meeting? I am not certain why specific components were listed in the protest, but this was the error. As I understand it from my time racing (not that I ever protested anyone for this reason) when protesting an engine ineligibility that is "not apparent" (ie, not visible), the form needs to simply state that the protest is against, specifically, "The Power Plant of Kart XX", and then for the reason.... "due to what appears to be an enhanced performance in certain parts of the track outside what I would typically expect to see in this class". "The Power Plant" is what I was always told was the correct term to use when protesting an engine ineligibility.

Why? Because this allows the Scrutineer to inspect the ENTIRE engine and ALL ancillary parts related to anything responsible for powering the kart..... basically, exactly what Paul then did, including items not specifically listed in the original protest. Based on what I have read, it would appear the protest was actually too specific (listing only certain items to be checked). Why engines never even raced at the meeting were even included in the protest only encourages the argument that it was a "scatter gun approach".

Just to be clear, If a Scrutineer decides to check anything post race at his own behest, without a protest being made, he can check ANYTHING. If a protest is made however, it would appear from the appeal decision he can then only check what he is being asked to check in the protest. This is how I understand it, and why in this case the appeal has been upheld. Had the form stated "The Power Plant".... he would then have been free to check ANYTHING that related to powering the kart, including what he actually then went on to check.

Why the protest was so specific only the protestor knows. You cannot possibly see inside an engine and the ancillary parts, so "Power Plant" is always the correct terminology to use in my view, as it allows the Scruts to check everything.

Message Thread:

MSA appeal results  by 'Knighty'   (27 Nov 2017 @ 8:22)
Re: MSA appeal results  by 'd-i-y71'   (27 Nov 2017 @ 9:26)
Re: MSA appeal results  by 'mjg36'   (27 Nov 2017 @ 9:33)
Re: MSA appeal results  by 'mjg36'   (27 Nov 2017 @ 9:37)
Re: MSA appeal results  by 'totalkarter'   (27 Nov 2017 @ 9:44)
Re: MSA appeal results  by 'Dogman172'   (27 Nov 2017 @ 10:51)
Re: MSA appeal results  by 'alanrr'   (27 Nov 2017 @ 14:19)
Re: MSA appeal results  by 'bobonda'   (27 Nov 2017 @ 17:53)
Re: MSA appeal results  by 'lilsmartie'   (27 Nov 2017 @ 20:21)
Re: MSA appeal results  by 'bobonda'   (27 Nov 2017 @ 20:57)
Re: MSA appeal results  by 'MrsBrownBoys'   (27 Nov 2017 @ 21:57)
Re: MSA appeal results  by 'totalkarter'   (27 Nov 2017 @ 22:07)
Re: MSA appeal results  by 'orton1966'   (28 Nov 2017 @ 7:06)
Re: MSA appeal results  by 'Niceusername'   (28 Nov 2017 @ 15:11)
Re: MSA appeal results  by 'Knighty'   (28 Nov 2017 @ 16:11)
Re: MSA appeal results  by 'RobS2'   (28 Nov 2017 @ 16:41)
Re: MSA appeal results  by 'Knighty'   (28 Nov 2017 @ 16:48)
Re: MSA appeal results  by 'richydehav'   (28 Nov 2017 @ 16:54)
Re: MSA appeal results  by 'mjg36'   (29 Nov 2017 @ 1:32)
Re: MSA appeal results  by 'Knighty'   (29 Nov 2017 @ 8:28)
Re: MSA appeal results  by 'd-i-y71'   (29 Nov 2017 @ 10:12)
Re: MSA appeal results  by 'Knighty'   (29 Nov 2017 @ 10:34)
Re: MSA appeal results  by 'richydehav'   (29 Nov 2017 @ 13:26)
Re: MSA appeal results  by 'Alan'  << You are here!
Re: MSA appeal results  by 'Niceusername'   (03 Dec 2017 @ 9:42)
Re: MSA appeal results  by 'totalkarter'   (03 Dec 2017 @ 10:20)
Re: MSA appeal results  by 'Dodgecheese'   (03 Dec 2017 @ 10:38)
Re: MSA appeal results  by 'Alan'   (04 Dec 2017 @ 23:32)

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