Unbelievable!
Is that not, in effect, the CoA overruling the Comp Board's right to
classify a car as the Comp Board sees fit to do so? The only way that makes
sense is if the car as raced is not the car as classified -- and if that's
the case it should be illegal on much easier grounds of technical
specifications than on some aspect of bureaucratic procedure.
I have always had great respect for those who serve on such
boards/committees/courts, and admittedly I have no idea of the details here,
but this seems prima facie that the CoA screwed the pooch. And certainly
those Z4 drivers who have been racing in good faith all season.
It seems to me, and at least once I was on a protest committee that used
this as a basis of decision, if the Comp Board has classified a vehicle for
competition then that vehicle is classified. There is no basis for appeal on
such grounds.
The case in which I was on the PC, at a Solo II Nationals, the premise
raised was that the car in question had not been produced in the 1000/year
quantity specified for the category. We even queried the Solo Board (about
the rule point, not the car) before deciding, and the answer we got was
basically, the 1000/year was their guideline, but they as the controlling
board had the leeway to mandate exceptions where warranted. From that, we
ruled the questioned car legal on the premise that the Solo Board by
including it had thus declared it so.
--Rocky Entriken
----- Original Message -----
From: <BobTunnell@aol.com>
To: <autox@autox.team.net>
Sent: Monday, September 22, 2003 6:07 PM
Subject: Re: Z4 hardtops in SSB
> In a message dated 9/18/03 1:11:26 PM, owner-ax-digest@autox.team.net
writes:
>
> >TC has been running a team of Z4s in the Grand-Am Cup without tops - rain
> >or shine. Are hardtops a requirement in SSB?
> >Woody
>
> Yes, a hard top is required on all cars in SSB.
>
> However, an often misunderstood point is that there is no requirement in
the
> GCR that the tops be OEM... only that you must have a hardtop. So even if
you
> had a difficult time ordering one through your BMW dealer (or paying for
it
> <g>), technically I suppose you could make your own.
>
> --BT
>
> PS. The SOMs overturned the initial protest of the cars, but the Appeals
> Court overturned the decision of the SOMs and ruled the Z4 ineligible for
> competition in 2003 apparently based on the chronology of the eligibility
and
> approval process. Based on the ruling of the AC, the Chief Steward of The
Runoffs
> had no choice but to DSQ the three Z4s. It's inconceivable to me that
such a
> ruling could be made the night before the race for the National
Championship
> when those cars had been considered eligible all season... even through
Runoffs
> practice and qualifying.
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