Protests and Appeals

1. Protests andAppeals 2017 MOTOCROSS COMMISSION SEMINAR

2. Protests & Appeals 2Protests Right of protest Any person (rider, passenger, team, sponsor, manufacturer, Official, etc.) being the holder of a FIM licenceand directly affectedby 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

3. Protests & Appeals 3Protests 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 statingthat rider X (number/name): - X cut the circuit - X jumped and/or overtookunder the wavedyellow flag - X jumped and/or overtookunder the medical flag

4. Protests & Appeals 4Question 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

5. Protests & Appeals 5Protests 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

6. Protests & Appeals 6Protests 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

7. Protests & Appeals 7Protests 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: + 120 €(to be paid by the losing party to the mechanic of the rider who had to open the engine) For fuel control: + 800 €

8. Protests & Appeals 8Question What if… a rider tells you he wants to lodge a protest? • You explain the procedure and you wait for what comes…

9. Protests & Appeals 9Question 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

10. Protests & Appeals 10Question What if… a rider wants to lodge a protest against two riders? • 2 X

11. Protests & Appeals 11Question What if… a rider wants to lodge a protest that concerns two different subjects? • 2 X

12. Protests & Appeals 12Question Who submits and signs the protest? • Theperson directly affected by the decision

13. Protests & Appeals 13Question 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

14. Protests & Appeals 14Question 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

15. Protests & Appeals 15Question What if… a rider jumped under the waved yellow flag? • The rider will be sanctioned with a loss of 10 positions

16. Protests & Appeals 16Question 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

17. Protests & Appeals 17Question 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

18. Protests & Appeals 18Protests 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

19. Protests & Appeals 19Protests Bodies dealing with a protest: International Jury SideMX / JMX Jury President FIM Jury Member FMNR Jury Member

20. Protests & Appeals 20Appeals 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-hearedby a higher jurisdiction (= the appellant jurisdiction) Appeals are directed against decisions taken by the jurisdiction of first degree: the International Jury or Race Direction

21. Protests & Appeals 21Protests 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

22. Protests & Appeals 22Protests 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

23. Protests & Appeals 23Question Remember this rider? • This rider has been sanctioned with a loss of 10 positions

24. Protests & Appeals 24Question 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

25. Protests & Appeals 25Question 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

26. Protests & Appeals 26Appeals 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

27. Protests & Appeals 27Protests 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: + 120 €(to be paid by the losing party to the mechanic of the rider who had to open the engine) For fuel control: + 800 €

28. Protests & Appeals 28Appeals 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)

29. Protests & Appeals 29Appeals 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

30. Protests & Appeals 30Appeals 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

31. Protests & Appeals 31Appeals 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

32. Protests & Appeals 32Hearing Hearing In the event of a protest or appeal, a hearing must be convenedso 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

33. Protests & Appeals 33Question Can a FIM Body at an event impose penalties without a protest?

34. Protests & Appeals 34Authority Authority of the FIM Body To impose penaltiesduring the event against a person or a group of persons for: Any voluntary or involuntary action or deed accomplishedby him/her/them, contrary to the current Regulations or instructions given by an official Any fraudulent act, or any action by him/her/them, contraryor prejudicial to the interests of the event or the sport

35. Protests & Appeals 35Question • Example?

36. Protests & Appeals 36Authority Authority of the FIM Body To impose penaltiesduring 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

37. Protests & Appeals 37Question • Example?

38. Protests & Appeals 38Question What happens then? • A • hearing ex-officio is convened, with all parties involved

39. Protests & Appeals 39Decisions Decisions 1. will be reached in camera 2. 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

40. Protests & Appeals 40Decisions 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)

41. Protests & Appeals 41Decisions Different notification in the following cases: Course cutting Non-respect of the waved yellow flag Non- respect of the medical flag

42. Protests & Appeals 42Decisions 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

43. Protests & Appeals 43Penalties 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)

44. Protests & Appeals 44Question What if…the FIM Body wishes to impose a higher penalty? • It refers the case to the • CDI • (International Disciplinary Court)

45. Protests & Appeals 45 Thank you and Ride with us!