National Court

The National Court was convened at Motor Sports House on Thursday 11th December 2008 to consider two cases. 

1. Jordan Lennox-Lamb

The National Court heard an appeal by Mr Carey Lennox-Lamb on behalf of his son Jordan against the Decision of the 2008 Super One Series KF1 Championship Stewards dated 22nd October 2008.

Jordan Lennox-Lamb competes in the KF1 Class and was placed sixth in the Championship at the end of the year.  It was his contention that the competitor placed fourth in the Championship, namely Richard Bradley, had been attributed with a total Championship points score that is inaccurate and excessive.  This was not apparent until such time as year-end Championship total scores were published at which point Mr. Lennox-Lamb referred the matter to the Championship Stewards.

The Court heard that during a Championship round held at PFI International on the 17th and 18th of May 2008 the Scrutineering Card of Richard Bradley had not been completed, this fact having been established only after the second Final race.  The Technical Delegate filed a Non-Compliance Report containing specific reference to Kart Race Yearbook Regulation B.6.4.  Notwithstanding the provisions of that regulation the Championship Sporting Regulations were applied and the penalty referred to in Article 2.7.2 was imposed, i.e. the minimum penalty of "exclusion from that race" such that the competitor retained points awarded in the first Final.

It was accepted before the National Court that the absence of a completed Scrutineering Card is a technical infringement.

The Championship Sporting Regulations clearly state in Article 5.1.1 that "Arising from post race or post timed practice scrutineering or Judicial Action, minimum action, the provisions of MSA regulations [C(d)39 a & b]".

MSA General Regulation C(d)39 a & b provides that "unless the regulations for a Championship specify a different penalty" any competitor whose vehicle is excluded from the results in accordance with C(d)33 or C(d)34 will be subject to a penalty such that the event will be counted as one of the events contributing to their total Championship score and that the competitor will be excluded from the event.  The facts in this instance showed that the requirements of C(d)33 and C(d)34 were met.

Representations were made to the Court that the Championship Regulations do indeed specify a different penalty, namely that referred to above and set out at Sporting Regulation 2.7.2.  It was further contended that the absence of a Scrutineering Card is not a sufficiently serious breach of technical regulations such as to bring it within the provisions of Article 5.1.1.

The Court concluded that the provisions of Article 2.7.2 and the specific penalty contained within it are not sufficient to disapply the provisions of Article 5.1.1.

It follows therefore that when determining Championship scores - and regard being given to the provisions of Sporting Regulation 1.7, which is headed "Scoring for Championships", in particular 1.7.2 (which states that "the final Championship positions will be determined from the total of a maximum of ten best scores from 12 finals ...") and 1.7.4 (which states that "MSA General Regulation C(d) 39 a and b will apply") - it is inappropriate to allow the zero point score resulting from the penalty applied by the Clerk of the Course on the 18th of May to be one of the scores which are dropped when calculating the points accrued to Richard Bradley and, it would appear, to another competitor also.

In the circumstances the Appeal was allowed and the Championship Co-ordinator was directed to re-cast the Championship points in such a way that a zero point score resulting from a penalty applied for a technical infringement will count as one of the rounds contributing to the competitor's total Championship score and reissue the results.

The Appeal fee was refunded to Mr Lennox-Lamb.

2. Mr Graham Poultney

The Court met to consider whether it was appropriate to impose a further penalty on Mr Poultney after his licence had been suspended by the Stewards at Brands Hatch on Saturday 8th November.

The Court heard that an altercation had taken place in the paddock between Poultney and another competitor. The matter had been referred to the Stewards of the meeting who, in the absence of Mr. Poultney, suspended his licence for a period of 30 days, imposed a fine of £700 and referred the matter to the MSA.

In the course of the hearing, Mr. Poultney accepted that he had used abusive language and also that he had kicked the other competitor's car which is said to have caused it damage.

Regard being given to the level of penalty already imposed and representations made to the Court by Mr. Poultney, it was considered inappropriate to impose a further penalty, save that Mr. Poultney's licence will be suspended for the remainder of the year.

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