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Disqualified, now what ?

Frode Sundsdal on 19th September 2022

So, you participated in an powerboat race, and you end up disqualified. Then what ?

We asked Thomas Kurth, Secretary general of UIM

Teams concerned have the possibility to file an appeal if they think the decision is not appropriate.

So, how do you do that ?

 

It´s explained in the UIM Rulebook – u can find all the rules on the UIM website, here.

 

405 – THE APPEALS PROCEDURE

Unless stipulated differently below, the rules for the protest procedure shall apply to the appeals procedure as

well. With reference to the 405 appeals procedures, any time limits which end on a Saturday or Sunday shall end

on the following Monday. If the Appellant misses any time limit the appeal will be rejected as void.

 

 

The UIM will decide on Appeals arising from International titled events according to the “UIM International Court of

Appeal” rules unless differently laid out in these 405 rules.

The UIM will not decide on Appeals arising at UIM IOR. Such appeals will be handled by the organizing National

Authority according to applicable national rules for Appeals.

 

 

405.01 – UIM INTERNATIONAL COURT OF APPEAL (ICA)

The ICA sits whenever the Chairman calls a meeting.

 

 

405.02 – INTERESTED PARTIES

No interested party shall be member of the ICA as set forth in the ICA rules.

 

405.03 – RIGHT OF APPEAL

A decision by a Jury may be appealed by the parties involved in the Jury meeting when they consider that an

injustice has been made against them and/or fresh evidence has been made available that may alter the decision

of the Jury.

A driver can also appeal a penalty, imposed against him without the prior lodging of a protest, but only if this was

not possible, because the race Jury has been dismissed before or within the protest period.

 

 

405.04 – NOTICE OF INTENTION TO APPEAL

The intention to appeal must be notified in writing to the Secretariat of the UIM by the interested party within four

days of the day following the Jury decision or in the case of a decision against which a driver can appeal without

the prior lodging of a protest within four days of the day following the notification of this decision to the NA of the

driver or if earlier to the driver concerned.

 

405.05 – TIME LIMIT

All appeal documents and fees must be received within ten days from the date when the notice to appeal was

received by the UIM Secretariat.

 

 

405.06 – LODGING OF AN APPEAL

The appeal must be sent by telefax, letter or E-mail and it must be signed by the appellant. The reasons for the

appeal must be stated.

Address, telephone, e-mail and/or fax should be clearly mentioned on the appeal, so that the UIM can send any

correspondence directly to the driver with copy to relevant N.A.

 

 

405.07 – NOTIFICATION OF THE PARTIES OF THE APPEAL

The UIM Secretariat must within two days from receiving the appeal, notify by telefax or letter the other parties

that an appeal has been lodged and that they may send a rejoinder.

Such rejoinders must be received within ten days from receiving this notification.

 

 

405.08 – TIME LIMIT FOR DECISIONS ON APPEALS

All appeals must be determined no later than forty-five days after the date when the appeal documents and fees

were received by the UIM Secretariat.

 

 

405.09 – UIM INTERNATIONAL COURT OF APPEAL (ICA) DECISIONS

The ICA takes its own decision based on every information available. The decision of the jury may be upheld,

changed or not upheld. The decision of the ICA is final.

 

405.10 – COSTS

For titled international championship series or for events which require a UIM Superlicence, the appeal fee is

2000€. In addition the driver has to pay 2000 € to the UIM for possible costs of the ICA (IT meeting arrangements,

telephone, laboratory, experts and other costs of the appeal procedure).

If the appellant requests the appeal procedure to be conducted in physical presence of the persons

involved, related extra costs in excess of the deposit of 2000 € shall be at the charge of the appellant.

The appeal fee for single event UIM Championships is 1000 €, in addition the driver has to pay 1000 €, to the UIM

for possible costs of the ICA.

If during the procedure further costs arise, the Appellant has to deposit the missing amount accordingly within 14

days from notification.

The driver who appeals has to pay for the meeting costs anyway if the appeal is upheld or not. If the costs of the

appeal committee is less than 2000 € then the difference will be paid back to the driver. The appeal fee of 2000 €

will be refunded if the appeal is upheld.

If the original decision is changed by the ICA (405.09), it can decide to refund a percentage of the appeal fee if

appropriate.

If there is an infringement of rules 405.04 or 405.05, the Chairman of the ICA can decide that the appeal is not

considered valid since the deadlines were not respected. In this case 50 % of the received appeal fee will be

reimbursed to the appellant.

Further appeal fees or deposits as foreseen in the ICA rules do not apply.

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