impose Disqualification or not pursuant to a Judgement of Fact is a binary Decision and no other penalty may be substituted except before the National Court. The Judicial Decision is an Eligibility Decision.
1.10. If the Judicial body considers there to be no such‘ exceptional reason’ then the Judicial body must Disqualify the Vehicle or item from participation in the relevant Competition or part of the Competition and the Competitor shall not be placed in the Results of the relevant part( s) of the Competition. The Eligibility Decision is an Official Document.
1.11. The ASN may refer any Judgement of Fact and or Eligibility Decision or any Non-Compliance Report to the National Court.
1.12. If the Judicial body considers that there are exceptional reasons not to impose Disqualification then this must be noted on a relevant Judicial Decision and which shall be an Official Document.
1.13. Any Technical Official appointed to the Event or Competition may present a Non-Compliance Report to the relevant Judicial body who may take Judicial action respecting App. 3 to this Chapter and where a Decision by that Judicial body that an item is not eligible may be the subject of available Penalty.
1.14. Technical Eligibility Appeals are not heard by the Stewards of the Event but are referred directly for consideration by the National Court pursuant to App. 4 Art. 1.2( See special procedure in App. 7 Part C.).
1.15. Further to Art. 1.14 above, where a Competitor seeks only to challenge the penalty imposed in relation to a technical non-compliance( and the non-compliance itself is not contested) the Stewards may consider a properly lodged Appeal.
1.16. An Eligibility Appeal must be commenced in conformity with App. 4 Arts. 1.5 – 1.10 and 1.15.
1.17. Subject to Art. 1.19 below where a Vehicle entered for an Event is the subject of a pending technical examination the Competitor must notify the Clerk of the Course before the commencement of the Competition at the Event. Breach of this Regulation may be subject to a Fine but only following a Judicial Hearing pursuant to App. 3 to this Chapter.
1.18. Contrary to Art. 1.17 above where such a pending technical examination is at the instance of the Championship Organisers( for example pre-Competition sealing) then it is the responsibility of the Championship Organiser to notify in writing the Clerk of the Course of the Vehicles and Competitors so affected. This notification shall be an Official Document.
1.19. In all cases where Art. 1.17 or 1.18 applies then the Competition Results potentially affected must be declared and shall remain provisional until the conclusion of all relevant Judicial proceedings including any Decision of the National Court.
1.20. An Eligibility Decision made at a Race Event after Practice shall subject to Art. 1.9 above result in a Judicial Decision of Disqualification of the Vehicle from the Results of that session.
1.21. If a Vehicle subject of a Decision under Art. 1.20 above is thereafter approved as eligible in writing by signed timed Eligibility Notice from the Technical Official( s) to the Clerk of the Course then the Competitor may be permitted by the Clerk of the Course to take part but shall be placed at the back of the grid with a 10 second delayed start, providing that it does not take the place of any vehicle already qualified( whether a reserve or not).
1.22. If multiple vehicles have been Disqualified under Art. 1.20 and are then approved under Art. 1.21 the grid order of those Vehicles shall be determined by the time at which the relevant approval under Art. 2.2 was given as evidenced by the Eligibility Notice.
1.23. If a vehicle or component is not made available for an eligibility examination as required by the Technical Commissioners, the Clerk of the Course, the Championship Organisers or their respective Stewards, or a Competitor declines to accept potential liability for stripping, examination and rebuilding costs, the vehicle or component will be deemed ineligible and reported to the Clerk of the Course or the Championship Stewards, as the case may be, for the application of the penalties as detailed in Art. 2.3- 2.5.
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