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National Court Tuesday 4th November

The National Court was convened at Motor Sports House on 4th November 2008 to consider three appeals from R. Cuff, D. Vaughan and A. MacKay against their exclusion from the Stars of Tomorrow Race at Shenington on 14th September 2008. It was agreed to deal with all three Appeals simultaneously.

The Court heard that the Chief Scrutineer, Mr Paul Klaassen, had inspected all competitors` engines after the race, including competitors` spare engines that had been presented for pre-event scrutineering. Mr Klaassen was of the opinion that the oil seals on the appellants` spare engines had been ‘modified` and as a result the three drivers had been excluded from the results.

The Court noted with regret that the “reference oil seal” used in the course of the Scrutineer`s examination which gave rise to the allegations of non-conformity, was not available for inspection and necessary comparison by the Court.

As a result, the Court decided that the appeals must be allowed.

The Court felt it appropriate to make the following additional recommendations and clarifications:
i) The use of tampered mandrels (or similar) to merely ease the seal tension must be the subject of regulation if it is to be permitted.
ii) Any engine submitted to Scrutineering must at all times comply with the relevant regulations even if not raced.
iii) Competitors having a legitimate grievance and/or complaint should avail themselves of the right to lodge a formal protest.

The Court ordered that the Appeal fees be refunded and the results reissued with the Competitors concerned re-instated.  No order was made towards costs.

Ends

Release MSA08-047: 7 November 2008

No regulatory value - for information only

7 November 2008