2017 MOTOCROSS COMMISSION SEMINAR

2017 MOTOCROSS COMMISSION SEMINAR
Protests and Appeals

Protests & Appeals 2 Protests
Right of protest Any person (rider, passenger, team, sponsor, manufacturer, Official, etc.) being the holder of a FIM licence and directly affected by a decision taken during a meeting under the authority of the FIM, or following dangerous, unfair or fraudulent behaviour, has the right to protest against such a decision, behaviour, riding or act This is condition 1 to accept a protest Always treat with respect the person who lodges a protest If requested, give him information on the fee and the fact that date, signature,

Right of protest No protest against a statement of fact is admissible!!! Statement of facts depend exclusively from a factual observation without any possible adjustment of the sanction which is statutorily and precisely stated in the relevant Regulations (ex. report from a flag marshal stating that rider X (number/name): - X cut the circuit - X jumped and/or overtook under the waved yellow flag - X jumped and/or overtook under the medical flag Statement of fact pronounced by the CoC, Referee, or any other executive official during the race or timed practices FESTSTELLUNG VON TATSACHEN

Protests & Appeals 4 Question
What if… a journalist, holding a valid FIM Press Card, lodges a protest in his name? The Race Direction/ International Jury accepts and examines the protest The Race Direction/ International Jury rejects the protest First thing to do: are all conditions met? Accept does not mean agrees And the rejects it because the journalist does not have a FIM licence (and in principle is not directly concerned) ABLEHNEN

Time limit for filing a Protest Against eligibility of a rider, passenger, entrant, motorcycle entered: before the start of official practice Against the results: within 30 minutes following the publication of the results Any other protests: immediately after the reason for the protest is known ZULASSIGKEIT

Protest procedure and security deposit Must be lodged in accordance with the FIM Disciplinary and Arbitration Code and the SR of the meeting Must be made in writing Must refer to one single subject Must be submitted and signed only by the person directly concerned Must be handed to an Official in charge - Always invite all parties to the hearing - Protest fees are returnable if the protest is justified ANZAHLUNG EINS ENZELZUFUGEN GEFÖRDERT

Protest procedure and security deposit Must be accompanied by a deposit of 660 € or the equivalent in local currency (returnable if the protest/appeal is justified) In addition: For dismantling a motorcycle: € (to be paid by the losing party to the mechanic of the rider who had to open the engine) For fuel control: € - The protest fee must be paid when handing the protest - Protest fees are returnable if the protest is justified - If the protest entails dismantling/fuel control: additional fee to be added

What if… a rider tells you he wants to lodge a protest? You explain the procedure and you wait for what comes… - Of course, you prepare yourself

What if… a rider presents a protest against the results 35 minutes after they have been published? The Race Direction/ International Jury accepts and examines the protest The Race Direction/ International Jury rejects the protest First thing to do: are all conditions met? Accept does not mean agrees And the rejects it because time limit is not respected

What if… a rider wants to lodge a protest against two riders? 2 X Protests refer to one single object

What if… a rider wants to lodge a protest that concerns two different subjects? 2 X

Who submits and signs the protest? The person directly affected by the decision It can also be the team of the rider but always holding a valid FIM licence BETEILIGTE PERSON

And what are the proceedings? The Race Direction/ International Jury accepts and examines the protest The rider(s) and others concerned will be called for a hearing The Race Direction/ International Jury will take a decision

And what are the proceedings after the decision has been taken? The rider will be informed orally by the FIM Race Director or FIM Delegate The rider must be informed in writing The rider must sign for receipt of the written decision

The rider will be sanctioned with a loss of 10 positions What if… a rider jumped under the waved yellow flag? Watch out that you always mention the correct reason as to why the rider got sanctioned Decision taken because rider jumped under the waved yellow flag On the document because “non respect of the medical flag”…

And what is the procedure? There will be a decision of the Race Direction The rider will be informed orally by the FIM Race Director The results will be adapted and published and serve as the only official written document to inform about the penalty

What if… the rider in question does not agree… What are his options, if any? And what happens then? The rider can protest against the results The Race Direction must examine the protest, take, a decision, inform the rider in writing, and have him sign for receipt of the decision FESTSTELLUNG VON TATSACHEN

Bodies dealing with a protest: Race Direction MXGP / MX2 / WMX / VMX / MXN / SM / SMN / SNX / WSNX FIM Delegate FIM Race Director FMNR Clerk of the Course Depending on the Championship, there are different bodies Each system has its particularities

Bodies dealing with a protest: International Jury SideMX / JMX Jury President FIM Jury Member FMNR Jury Member

Protests & Appeals 20 Appeals
What is an appeal? An appeal is a legal recourse that, once a first disciplinary decision has been taken by the International Jury or Race Direction allows the appellant to have the case re-heared by a higher jurisdiction (= the appellant jurisdiction) Appeals are directed against decisions taken by the jurisdiction of first degree: the International Jury or Race Direction Appeals are filed by persons directly affected by a decision taken under the authority of the FIM Younger/underaged riders must be accompanied by a parent RECHTSANSPRUCH DIZSIPLINARMASSNAHMEN ZUSTANDIGKEIT

Transparency Anybody who has lodged a protest according to the FIM Disciplinary and Arbitration Code and the Supplementary Regulations of the event may request to have access to any element (written or printed matters and/or official TV images-if available) that allowed the Race Direction to take its decision - When the rider has been informed about the decision of the Race Direction, he may ask to look into the elements that allowed the the RD to take its decision

Transparency / Procedure Such a request must be made in writing within 30 minutes after reception of the decision of the Race Direction If this information is required in order to formulate an appeal against a decision of the Race Direction, the time limit for acceptance of the appeal must be extended until 30 minutes after this information has been provided

This rider has been sanctioned with a loss of 10 positions Remember this rider? Make sure the right reason is indicated on the results

What if… the rider wants to request to have access to any element (written or printed matters and/or official TV images-if available) that allowed the Race Direction to take its decision? The rider must make his request in writing within 30 minutes after the receipt of the decision of the Race Direction

What if… this information is required in order to formulate an appeal against a decision of the Race Direction? The time limit for acceptance of the appeal must be extended until 30 minutes after this information has been provided

Appeals procedure and security deposit Must be lodged in accordance with the FIM Disciplinary and Arbitration Code and the SR of the meeting Must be made in writing Must refer to one single subject Must be submitted and signed only by the person directly concerned Must be handed to an Official in charge - Always invite all parties to the hearing - Protest fees are returnable if the protest is justified RECHTSMITTEL EINLEGEN ANZAHLUNG EINS ENZELZUFUGEN GEFÖRDERT

Appeals procedure and security deposit Must be accompanied by a deposit of 660 € or the equivalent in local currency (returnable if the protest/appeal is justified) In addition: For dismantling a motorcycle: € (to be paid by the losing party to the mechanic of the rider who had to open the engine) For fuel control: € - The protest fee must be paid when handing the protest - Protest fees are returnable if the protest is justified - If the protest entails dismantling/fuel control: additional fee to be added

MXGP / MX2 / WMX / VMX / MXN / S1GP / SMN / SNX / WSNX Against a decision of the Race Direction (FIM Delegate, FIM Race Director, & FMNR Clerk of the Course) are lodged at the meeting before the: FIM Stewards Panel (FIM Chief Steward & FMNR Steward) Appeals are filed by persons directly affected by a decision taken under the authority of the FIM Same conditions as for protest apply

MXGP / MX2 / WMX / VMX / MXN / S1GP / SMN / SNX / WSNX Against a decision of the FIM Stewards Panel (FIM Chief Steward & FMNR Steward) are lodged after the meeting before the: International Disciplinary Court / CDI / FIM (FIM Judges) Further appeals: International Tribunal of Appeal / TIA / FIM Court of Arbitration for Sport / CAS Appeals are filed by persons directly affected by a decision taken under the authority of the FIM CDI = International Disciplinary Court / 5 days after receipt decision € TIA = International Tribunal of Arbitration / 5 days after receipt decision € CAS = Court of Arbitration in Sports (Lausanne) / Final

SideMX / JMX Against a decision of the International Jury (Jury President, FIM Jury Member & FMNR Jury Member) are lodged after the meeting before the: International Disciplinary Court / CDI / FIM Further appeals: International Tribunal of Appeal / TIA / FIM Court of Arbitration for Sport / CAS Appeals are filed by persons directly affected by a decision taken under the authority of the FIM CDI = International Disciplinary Court / 5 days after receipt decision € TIA = International Tribunal of Arbitration / 5 days after receipt decision € CAS = Court of Arbitration in Sports (Lausanne) / Final

Time limit for the lodging of an appeal against: Decision of the Race Direction (RD) To the FIM Stewards Panel: 30 minutes after receipt of the written RD decision Decision of the FIM Stewards Panel (SP) To the CDI: 5 days after receipt of the written SP decision Decision of the International Jury (IJ) To the CDI: 5 days after receipt of the written IJ decision Appeals are filed by persons directly affected by a decision taken under the authority of the FIM CDI = International Disciplinary Court

Protests & Appeals 32 Hearing
In the event of a protest or appeal, a hearing must be convened so that: the protester or appellant and any other party involved in the case, in particular the official(s) whose decision(s) is (are) disputed, can be heard

Can a FIM Body at an event impose penalties without a protest?

Protests & Appeals 34 Authority
Authority of the FIM Body To impose penalties during the event against a person or a group of persons for: Any voluntary or involuntary action or deed accomplished by him/her/them, contrary to the current Regulations or instructions given by an official Any fraudulent act, or any action by him/her/them, contrary or prejudicial to the interests of the event or the sport Apart from adjucating on any protest relating to infringements of the Regulations, the FIM Race Direction or International Jury has other authorities

Example? Riders fighting on the track / Unsporting behaviour and actions

Protests & Appeals 36 Authority
Authority of the FIM Body To impose penalties during the event on organisers for: Having been unable to ensure the smooth and efficient running of the event 2. Serious breaches of the current Regulations ZICHERN

Example? The event lacks sanitary services

What happens then? A hearing ex-officio is convened, with all parties involved Convened by the International Jury / Race Direction They take the initiative

Protests & Appeals 39 Decisions
Decisions 1. will be reached in camera are based upon a simple majority International Jury (Jury President*, FIM Jury Member & FMNR Jury Member) Race Direction (FIM Delegate*, FIM Race Director & FMNR Clerk of the Course) Stewards Panel (FIM Chief Steward* & FMNR Steward) * = Casting vote EINFACHE MEHRHEIT

Whenever a decision has been taken: The decision must be published asap The party/parties involved must be notified asap (orally at least, preferably in writing) The party/parties involved must sign for the notification/receipt of the written decision If not possible to notify at the event, by registered letter with acknowledgement of receipt (after the event)

Different notification in the following cases: Course cutting Non-respect of the waved yellow flag Non- respect of the medical flag

In these cases: The rider will be informed orally The results will be adapted, with mention of the rider and imposed penalty The results will be published The rider can lodge a protest against the decision/results - Appeal in the case of course-cutting

Protests & Appeals 43 Penalties
Warnings Time and/or point penalties / Drop of positions penalties “Stop & Go” penalty Fines, subject to a maximum of € 3’000.- / CHF 10'000.- Disqualification Suspension for a period not exceeding 30 days starting from the date of the offence Loss of right to participate in the Championship (one or more events) In the CMS Appendices and Regulations As well as for the Race Direction, the FIM Stewards Panel & the International Jury 3000€ = Sidecar-SuperMoto-FreeStyle / CHF is with MXGP-MXN-SNX Drop: Non-respect of the waved yellow/medical flag: = a drop of 10 positions in the results Non-compliance with the sound regulations at post-race sound control = a drop of 5 positions in the results AUSSCHLUSS Loss of right to participate in the Championship (can be one or more events)

What if… the FIM Body wishes to impose a higher penalty? It refers the case to the CDI (International Disciplinary Court) The FIM Body will conduct a hearing with all parties involved Just like it does when there is a protest

Protests & Appeals 45 Thank you and Ride with us!

2017 MOTOCROSS COMMISSION SEMINAR

Similar presentations

Presentation on theme: "2017 MOTOCROSS COMMISSION SEMINAR"— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

2017 MOTOCROSS COMMISSION SEMINAR

Similar presentations

Presentation on theme: "2017 MOTOCROSS COMMISSION SEMINAR"— Presentation transcript:

Similar presentations

About project

Feedback