ADMINISTRATION PROCEDURES AND APPEALS Any participant may request that AMA Dragbike issue a ruling, render interpretations or adopt proposed changes concerning provisions in the Rulebook or various AMA Dragbike procedures. The request should be sent to the AMA Dragbike Technical Department, which will consider each such request and will determine, in its sole and absolute judgment, whether such request should be formally considered. If the Technical Department decides to consider such an issue, a panel will be appointed to consider the issue as soon as is reasonably practicable. The panel will consider the issue and make a recommendation to the Technical Department as to how the issue should be addressed. The Technical Department will then decide whether to take action on the issue and if so, what action to take. Inasmuch as the AMA Dragbike Rulebook and the ruling of AMA Dragbike are intended to preserve competition and promote safety, AMA Dragbike reserves the right to amend the rules at any time on its own initiative to prevent or allow the use of specific types of equipment or practices. The effect of such amendments may well be to attempt to contain costs being experienced by competitors to insure continued competition or to regulate the performance of racing vehicles to deal with safety considerations. Throughout this Rulebook, there is reference to events. Wherever this term is used it is intended to refer to two types of drag racing activities. First, the term refers to AMA Dragbike events, which are those in which AMA Dragbike is involved in the conduct of the events. These include events such as AMA Dragbike National events, AMA Dragbike sanctioned events, AMA Dragbike sponsored and the like. Second, the term includes drag racing events which are conducted at AMA Dragbike Member Tracks and which are conducted in accordance with AMA Dragbike rules. For purposes of this Rulebook, the term “participant” shall include officials, any person possessing or who has been issued a credential, and any person directly or indirectly associated with any vehicle that has been permitted to enter an event site for the purpose of competition, including, but not limited to owners, riders, and crew persons.
7.2 PARTICIPANT CONDUCT
7.3 COMPLIANCE WITH AMA DRAGBIKE REGULATIONS AMA Dragbike has developed and published the Rulebook for the purpose of providing guidance in the conduct of AMA Dragbike events and events conducted at AMA Dragbike member tracks. AMA Dragbike does not intend to imply by the publication of the Rulebook, by the conduct of various racing events, by the licensing of riders or by the acceptance of events entries that any person has the privilege of participating in AMA Dragbike events and/or AMA Dragbike member track events. AMA Dragbike reserves the right to preclude the participation of any person in any AMA Dragbike event and/or AMA Dragbike member track event where AMA Dragbike determines in its sole and absolute discretion that such action is warranted.
7.4 COMPLIANCE OF RULES
7.5 AMA DRAGBIKE LICENSE
7.6 ASSUMPTION OF RISK
7.6.1 RELEASE AND WAIVER Acknowledges, agrees, and represents that he have or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he enter, and he further agrees and warrants that, if at any time, he is in or about RESTRICTED AREAS and feels anything to be unsafe, he will immediately advise the officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S). HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, bike owners, riders, pit crews, rescue personnel, any persons in any RESTRICTED AREAS, promoters, sponsors, advertisers, owners and lessees of premises used to conduct the EVENT(S), premises and event inspector, surveyors, underwriters, consultants. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and in intended to be as broad and inclusive as is permitted by the laws of the Province or State in which the Event(s) is/are conducted and that if any potion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect. HERBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether cause by the NEGLIGENCE OF THE RELEASES or otherwise. HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledge that INJURIES RECEIVED MAY BE COMPONDED OR INCREASES BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASES. HERBY agrees that this Release and Waiver of Liability, Assumption of risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and intended to be as broad and inclusive as is permitted by the laws of the Province or State in which the Event(s) is/are conducted and that if any potion thereof is held invalid, its agreed that the balance shall, not withstanding, continue in full force and effect. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. It is agreed that those participating in various AMA Dragbike events and/or leaving property at such event sites,for themselves and/or on behalf of all owners of such property, release, waive, discharge, and covenant not to sue the racetrack and or AMA Dragbike, its Directors, officers, employees, or representatives from and for all liability to the participant, his/her personal representative, assigns, heirs, and next of kin for any and all loss or damage and any claim or demands therefore on account of loss or damage to any property of the participant or property of others entrusted to the participant, whether caused by the negligence of the releasees or otherwise while the property of the undersigned is located at the site of the AMA Dragbike event. AMA Dragbike makes no representations or express or implied warranties that compliance with the rule and regulations published in this Rulebook or published in the course of the year in AMA Dragbike Newsletter or website will prevent or guarantee against injury or death to spectators or participants or damage to personal property. These rules and regulations constitute the minimum acceptance standards for competition and are intended as a guide for the conduct of the sport. Safety is the responsibility of equipment manufacturers, builders, and the participants in the event.
7.7 SUBSTANCE ABUSE POLICY “I recognize the importance of maintaining the safety and integrity of professional motorcycle racing. Accordingly, I agree to strictly comply with AMA Dragbike’s Rules for Competition and the American Motorcyclist Association Substance Abuse Policy. I understand that my agreement to comply with the Substance Abuse Policy is an essential precondition to the issuance of a license and that I must abide by the Substance Abuse Policy and submit to such testing procedures as may be conducted from time to time at the sole discretion of the American Motorcyclist Association and/or AMA Dragbike as a condition of continued licensure. I further understand that any violation of the Substance Abuse Policy, or failure or refusal to submit to testing and honestly participate in any testing procedure, will result in immediate disciplinary action which may include the cancellation of my competition license and the denial of my privilege to participate in any American Motorcyclist Association professional or amateur sanctioned events.” This Substance Abuse Policy is being provided to you by the AMA in accordance with your agreement and out of mutual recognition of the importance of the safety and integrity of the sport. Your continued support of the Substance Abuse Policy, and participation in its testing program, are essential to your personal success and safety and the future of professional motorcycling activity.
7.7.1 Prohibited Acts and Substances
(a) Prohibited substances are those substances that, in the AMA’s sole
determination, may adversely affect the safety or integrity of the sport of
motorcycle racing. 2. Illegal acquisition, distribution, or misuse, including use without prescription, of any legal prescription or over-the-counter drug, is strictly forbidden. Misuse of a prescription or over-the-counter drug is the use of such a drug in a manner which, in the AMA’s sole determination, may adversely affect the safety or integrity of the sport of motorcycle drag racing. AMA may make this determination with respect to a particular substance at any time, including and without limitation at the time of discovery of drug test results. 3. At any time when involved in track activities, riders, officials, and the other AMA license holders are prohibited from being under the influence of alcohol. (a) With regard to riders and officials, there shall be “zero tolerance” with
regard to alcohol. Any rider or official discovered to have a measurable
blood alcohol content during a professional racing event shall be considered
under the influence of alcohol and barred from any further involvement or
participation in the event. Further, they will be subject to disciplinary
actions as provided for in this Substance Abuse Policy.
7.7.2 Voluntary Disclosure If the results of the preliminary test reveal that the participation of the individual will not jeopardize the safety or integrity of the AMA pro racing program, as determined in the sole discretion of the AMA, the individual will be permitted to continue participation in the program, without penalty, during a probationary period specified by the AMA. If the results of the preliminary test reveal that the participation of the individual may jeopardize the safety or integrity of the AMA racing program, as determined in the sole discretion of the AMA, then the further participation of the individual will be withheld until such time as there is evidence, acceptable to the AMA, that the individual’s participation will no longer jeopardize the safety and integrity of the program.
F. Individuals who voluntarily disclose violation(s) of the Substance Abuse
Policy will be required, prior to continued participation, to enter into a
Voluntary Disclosure Agreement with the AMA stipulating the conditions of
their probation.
7.7.3 Reasonable Suspicion
7.7.4 Random Testing Race officials involved with the safety or the outcome of an event shall also be subject to random testing each time random testing for riders in conducted. Officials subject to random testing shall include, but not necessarily be limited to: AMA staff; chief stewards; observers; starters and assistant starters; pit stewards, assistant pit stewards and/or staging lane workers; scorekeepers; technical inspectors and assistant technical inspectors. B. Selection of individuals to be tested shall be governed by the following
guidelines:
(a) Pro classes and officials: Names of all riders entered in the event’s Pro
classes, and all AMA employees and officials subject to testing on that day,
shall be pooled together. There will be a predetermined number of riders to
be selected (not fewer that three nor more that 20 percent of the rider field).
Names will be drawn at random until the predetermined number of riders has
been selected. No minimum or maximum number shall apply to employees and officials.
2. Riders taking part in more than one class of competition shall be eligible for random selection in each class entered.
7.7.5 First Offenses: Procedures and Penalties A fine of up to $500 may be levied at the sole discretion of the AMA. All fines must be paid before reinstatement will be considered. Reimbursement of all testing and associated costs incurred by the AMA must be made before reinstatement will be considered. Pass a test for prohibited substances, such test to be conducted at a time and place determined by the AMA. The costs of the test are to be borne by their person under suspension. Failure to pass this test may constitute a second offense of this Policy. Under no circumstances will any person be reinstated until they have passed a follow-up test. Compliance with all provisions of a one-year probationary period which shall be imposed in connection with any first offense under this Policy. The conditions of such probation shall be at the sole discretion of the AMA. During the probationary period, the person shall be subject to further routine testing under the random and reasonable suspicion provisions of this Policy. Additionally, they shall be subject to unannounced urine or blood test upon request by the AMA, and at AMA’s sole discretion. Costs of such test are to be borne by the person on probation. (a) Suspensions and other disciplinary actions invoked by the AMA for violations of this Policy are subject to appeal as provided for in Item 11. These appeal procedures are specific to the AMA Substance Abuse Policy and take precedence over the general appeal procedures contained in the AMA Rules for Professional Competition.
7.7.6 Second Offenses: Procedures and Penalties A fine of up the $1,000 may be levied at the sole discretion of the AMA. All fines must be paid before reinstatement will be considered. Reimbursement of all testing and associated costs incurred by the AMA must be made before reinstatement will be considered. Pass a test for prohibited substances, such test to be conducted at a time and place determined by the AMA. The costs of the test are to be borne by the person under suspension. Failure to pass this test will constitute a third offense of the Policy and penalties prescribed on Item 7 will apply. Under no circumstances will any person be reinstated until they have passes a follow-up test. Compliance with all provisions of a five-year probationary period which shall be imposed in connection with any second offense under this Policy. The conditions of such probation shall be at the sole discretion of the AMA. During the probationary period, the person shall be subject to further routine testing under the random and reasonable suspicion provisions of this Policy. Additionally, they shall be subject to unannounced urine or blood tests upon request by the AMA, and at the AMA’s sole discretion. Costs of such test are to be borne by the person on probation. B. Suspensions and other disciplinary actions invoked by the AMA for violations of this Policy are subject to appeal as provided for in Item 10. These appeal procedures are specific to the AMA Substance Abuse Policy and take precedence over the general appeal procedures contained in the AMA Rules for Professional Competition.
7.7.7 Third Offenses: Procedures and Penalties B. Suspensions and other disciplinary actions invoked by the AMA for the violations of this Policy are subject to appeal as provided for in Item 11. These appeal procedures are specific to the AMA Substance Abuse Policy and take precedence over the general appeal procedures contained in the AMA Rules for Professional Competition.
7.7.8 Non-Compliance With Policy Provisions B. If any rider, official or other AMA license holder refuses to submit to a urine, blood, breath and/or eye test under any provision of this Policy, that person may be ejected from the premises or other emergency action may be taken as deemed appropriate at the sole discretion of the AMA; and that person shall be suspended from participation in any AMA professional or amateur competition for an indefinite period of not less that two years. C. Any infraction under this section of the AMA Substance Abuse Policy shall be considered of equal severity to second offense under Item 6, and the penalties and procedures governing fines, suspensions, probations, etc., shall be comparable. D. Any second infraction under this section of the AMA Substance Abuse Policy shall be considered of equal severity to a third offense under Item 7, and the penalties and procedures governing fines, suspensions, probations, etc., shall be comparable.
7.7.9 Falsifying or Withholding Information B. Any rider, official or other AMA license holder who attempts to or does falsify, alter or otherwise tamper with an documentation related to the Substance Abuse Policy; or who attempts to or does withhold required information; shall be suspended for any participation in AMA sanctioned activities for an indefinite period of not less than two years. C. Any infraction under this section if the AMA Substance Abuse Policy shall be considered of equal severity or a second offense under Item 6, and the penalties and procedures governing fines, suspension, probations, etc., shall be comparable. D. Any second infraction under this section of the AMA Substance Abuse Policy shall be considered of equal severity to a third offense under Item 7, and the penalties and procedures governing fines, suspensions, probations, etc., shall be comparable.
7.7.10 Release of Information
7.7.11 Protests and Appeals
2. Appeal of disciplinary actions levied under this Policy
(b) Insure that specimens, once properly labeled, are maintained in suitable
and secure conditions for delivery to the designated testing laboratory.
7.7.13 Facility for Testing
7.7.14 Costs of Tests
7.7.15 Treatment for Drug or Alcohol Abuse
7.7.16 Program Administration and Integrity
7.7.17 Applicability of AMA Rules of Competition
7.8 TECHNICAL INSPECTION
7.9 PROTEST PROCEDURE There will be three types of protests: visual, technical and administrative. Visual protest relate to the legality of motorcycles and components used in competition, where compliance or noncompliance with the rules can be confirmed visually. Technical protests relate to the legality of motorcycles and components used in competition, where some type of measuring device or tear down procedure is needed to confirm compliance or noncompliance with the rules. All other protests will be defined as administrative. If an inspection proves a protested motorcycle to be out of its proper class, fees will be refunded, less expenses, and the non-complaint entry will be subject to such action as the Event Director or Technical Committee may impose, including possible disqualifications, fines, suspension and/or revocation of competition privileges. However, in the case of a technical protest, which involves the tear down or measurement of an engine, the protested party found in compliance with the requirements of its class of competition will be entitled to the protest fee, minus Technical Department expenses. Visual and administrative protest fees will be forward to AMA Dragbike. Event Director will not accept verbal protests or protests which are not accompanied by the required fee. A protested engine must be disassembled for inspection and reassembled by the motorcycle owner and/or the crew members. Refusal to disassemble an engine upon official demand will result in the removal of the motorcycle from further competition, and is cause for removal of the motorcycle, owner and crew members from the racing facility. Following is a guideline of protest fees: Administrative protest. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . $50 All weighing and measuring devices used by Tech officials are standards, which will determine an engine or motorcycle’s compliance with the rules. Any latitude or tolerance must be made by the racer or engine builder. It is recommended that the following tolerances be observed by the participant to allow for a margin of error during inspection or tear down: One-half (.5) percent total displacement tolerance. (e.g. 1500 cc cannot measure over 1507.5 cc) Contestant protest may only be filed by a rider competing in the same event, in the same eliminator category, as the vehicle being protested. AMA Dragbike reserves the right to reject any protest filed that it determines, in its sole and absolute discretion, is frivolous or intended to harass another competitor, retaliate or to otherwise gain some unfair competitive advantage.
7.10 RETENTION OF VEHICLES AND PARTS The Event Director or other AMA Dragbike event officials shall have the authority to disqualify any participant from an event for violation of the decisions, rules or regulations of AMA Dragbike. Inasmuch as the Event Director may take actions, which constitute continuing disciplinary action against participants, including suspension from participation in events, fines or both, participants shall have the opportunity to appeal suspensions and fines as is provided for herein. There is no opportunity to appeal such disciplinary actions as expulsion or disqualification from an event. Notwithstanding the opportunity to appeal disciplinary decisions, which are appealable, as described above, the results of races, the awarding of points and the awarding of prize money shall not be affected by any decision of an Appeals Panel.
7.12 APPEAL OF DISCIPLINARY ACTIONS In the event that AMA Dragbike shall be made aware of a violation of the decisions, rules or regulations of AMA Dragbike, AMA Dragbike shall determine whether action by AMA Dragbike is warranted. If AMA Dragbike determines that further action is warranted, including the collection of relevant information, including, where reasonably practicable, a statement from the person alleged to be responsible for the violation. It shall not be necessary, however, to receive a statement from the participant in question prior to initiating action against the participant. Having conducted a review of the known facts, AMA Dragbike shall take whatever disciplinary action it shall, in its sole and absolute discretion, deem appropriate. If as a result of reviewing circumstances involving an alleged violation of the rules and regulations, it is determined that the actions or omissions of a participant constitute an immediate danger to other participants, spectators or to property or are of such a nature that immediate action is necessary, AMA Dragbike may take such immediate action as AMA / AMA Dragbike determines in its sole and absolute discretion is necessary to reduce or eliminate the danger or other undesirable circumstances. Such action may include a disqualification of the participant from an event and, where necessary, participants may be required to leave the event site. AMA Dragbike shall provide the involved participant with a written statement which shall outline the relevant facts specifying the violation and stating the specific action must take effect immediately to prevent further violation or because immediacy is warranted by the circumstances. Where AMA Dragbike determines, however, in its sole and absolute discretion, that immediacy is not required, AMA Dragbike may provide the Statement of Violation to the participant and provide a reasonable delay in implementation so that the participant might respond to the Statement. In the event that AMA Dragbike provides the participant the opportunity to respond to the intended action and the participant responds, AMA Dragbike may, of its own initiative and in its sole and absolute discretion, modify the action to be taken if it determines that a different action is warranted. If after having received a final Statement of Violation the participant receiving the Statement wishes to appeal the action taken by AMA Dragbike, the participant must submit a written Notice of Appeal to the AMA Dragbike Technical Department within 3 days of the date of the Statement. The Notice of Appeal must state specifically the elements of the Statement, which are being appealed, and the grounds for appealing the AMA Dragbike action. The Notice of Appeal shall include a $500 filing fee, which shall be non-refundable unless the Appeals Panel decides the appeal in favor of the participant. Within 20 days of receipt of Notice of Appeal, the Technical Department shall appoint an Appeals Panel and shall inform the appellant of the date, time and place for the appeal. The date of the appeal shall be not less than 3 days nor more than 60 days from the date the Technical Department informs the appellant of the date of the appellate proceeding. The appeals Panel shall not include individuals who were involved in the determination that a violation occurred or individuals who have a personal interest in the decision of the Appeals Panel. Within 20 days of date of Notice of Appeal, but no later than 10 days prior to the date of the appeal, the appellant shall provide the Appeals Panel with a list of witnesses and evidence to be presented at the appellate proceeding. If parts are retained, there will be only 3 days for an appeal. At the appellate proceeding, the appellants may appear on their own behalf or may be represented and may present witnesses and evidence. The appellant may also review the evidence, which is present against him and may question adverse witnesses, except that the appellate proceeding shall not be an adversary proceeding. The Appeals Panel may also question any witnesses relevant to the proceeding, may call witnesses it determines relevant to the proceedings, may review any evidence presented and may call for additional evidence it considers relevant. The Appeals Panel shall not be required to employ technical or formal rules of evidence or procedure. The Appeals Panel shall determine the most effective procedures for developing the relevant facts and arriving at a conclusion. In considering an appeal, it may be necessary for the Appeals Panel to call various participants to appear at the appellate proceeding. Failure to comply with a request by the Appeals Panel to appear at such a hearing shall subject a participant to disciplinary action as may be determined appropriate by AMA Dragbike. In the event of an appeal of a suspension or termination’s of the opportunity to participate in AMA Dragbike events, the suspension or termination shall be stayed until the Appeals Panel shall have rendered an opinion unless, AMA Dragbike, in its sole and absolute judgment, determine that immediate suspension or termination is necessary as a result of safety considerations or other considerations necessary to the best interest of the sport. At the conclusions of the appellate proceeding, the Appeals Panel may render a decision or may take the matter under advisement and render a decision at a later date. The decision of the Appeals Panel shall be rendered within 30 days of the appellate proceeding unless additional time is required by the Appeals Panel to gather important and relevant information. The decision of the Appeals Panel shall be in writing and shall state the basis of the decision. The participants to the appeal agree that the determination of the Appeals Panel shall be final and shall not be appealable to AMA Dragbike or to any court, it being agreed that the appellate and other hearing procedures provided for herein are the exclusive remedy for the redress of grievances. In the event that a participant is required to pay a fine or undertake some form of remedial activity,the participant may be suspended from AMA Dragbike events and/or AMA Dragbike member track events until the fine has been paid or such action has been undertaken. Failure to pay fines or undertake remedial activity in a timely fashion may also result in additional action being taken by AMA Dragbike. AMA Dragbike reserves the right to deduct from any prize money won by a participant, fines which are owed by the participant. The disqualification of participants, Statements of Violation, Notices of Appeal, Notices of Grant of Appeal and the decision of Appeal Panels may be published in AMA Dragbike’s official magazine and/or official website and/or newsletter. Participants agree that they shall not bring a cause of action against AMA Dragbike as a result of such publication.
7.13 PUBLICITY 7.13.1 All rights to advertising, promotion, filming, recording, exhibition, and other exploitations of the event, the participants and vehicles entered in the event, and their activities at the site of the event before, during, and after the event and reasonably related to the event, reserved to AMA Dragbike and its assigns; 7.13.2 Participants hereby grant AMA Dragbike and its assignees(a)full and unconditional permission to make still or motion pictures and any other type(s) of audio or visual recordings of them and their vehicle’s participation in the event and their activities at the site of the event before, during, and after the event and reasonably related to the event; and (b) the exclusive, worldwide and perpetual rights to use the same, together with their names, likeness, and biographies of participants, and the names, likeness, and date of, or relating to, their entered vehicles for publicity, advertising, exhibition or exploitation, whether or not for profit, in print, audio, video, and other communications media by reproduction and sale or other distribution by any and all means now known or hereafter developed; 7.13.3 Participants agree (a) that, without the prior written consent of AMA Dragbike, they shall not take any still or motion pictures or make any audio or visual recording of the event, participants therein, or activities at the site of the event for use other than personal, in-home use of the participant, or cause or permit others to do so or to use the same; (b) that AMA Dragbike shall have exclusive, worldwide, perpetual, and universal use of any pictures or recordings made or used in violation of this paragraph; and (c) that AMA Dragbike shall be irreparably harmed by the making or use of such pictures or recordings in such fashion without such permission. 7.13.4 Participants agree that, without the prior written consent of AMA Dragbike, they shall not offer for sale, sell, give away, or otherwise distribute, at the site of the event, any token, any souvenir, any product, or thing of value, or permit others to do so, and that AMA Dragbike shall be irreparably harmed by a violation of this paragraph. |