National Court - 7th October 2008

The National Court was convened at Motor Sports House on 7th October 2008 to consider four cases.

Anthony Brown

The National Court heard that Anthony Brown had been found guilty at Brands Hatch on 16th September 2008 of using threatening or abusive behaviour towards another competitor in the Porsche Open qualifying session. The Stewards of the Meeting had imposed a 30-day suspension of Mr Brown's licence under General Regulation C(d)22 and had referred the matter to the National Court for consideration of further penalty.

After deliberation, the National Court found that this was a serious incident, involving not only the threat of violence but actual violence, which had taken place in the pit lane in full view of the public and other competitors. Mr Brown had elected not to attend the hearing.

In view of the seriousness of the incident, the Court suspended Mr Brown's licence for 12 months from the date of the hearing and ordered that he pay £500 as a contribution towards costs.

Nigel Pettit on behalf of Dominic Pettit

The National Court heard that Dominic Pettit had been excluded from round 19 of the Ginetta Junior Championship at Silverstone on 30 August 2008 for failing the post race ride height check.

Having considered the evidence, the Court was satisfied that the ride height had been checked at the correct point as indicated by the diagram referred to within regulation 5.13.3. However, the Court also considered that the diagram conflicts with the text of the regulation to such an extent that it is not possible to be certain that the point shown in the diagram is correct.

The appeal was therefore allowed, the penalties rescinded and the appeal fee returned.

Lee Fitzpatrick

The National Court heard that Lee Fitzpatrick had been excluded from the results of the Legends Final Race at Knockhill on 17 August 2008 as a result of the MSA seal that had been fitted to his engine having been removed.

Having considered the submissions of Mr Fitzpatrick, the Court concluded that the seal had been properly affixed to the engine and that it had been subsequently removed without the necessary permission.

The appeal was therefore dismissed, the appeal fee is forfeit and Mr Fitzpatrick was ordered to pay £250 as a contribution towards costs.

Steven Pollock

The National Court heard that during a kart meeting at Larkhall on 24 August 2008 organised by the West of Scotland Kart Club, Steven Pollock had been excluded from the Comer Cadet final race because his kart was adjudged to have been ineligible.

Mr Pollock appealed to the Stewards of the Meeting who upheld the decision of the Clerk of the Course. The components which were said to have been illegal were not retained.

The Court found that the Stewards of the Meeting should not have conducted a hearing, as an eligibility appeal should have been referred directly to the National Court.

As a result, the appeal is allowed and the appeal fee returned.

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