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They have no jurisdiction over that series. It would seem to me that they wouldnt have a say in the matter nor would his decision in another series effect their ruling on the SX series.
I know people dont want him racing the motocross series and thats pretty clear, but I dont think the FIM even cares.
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DeCal Works Huge Plastic Inventory of UFO and Polisport kits.
I am aware that WADA didn't actually impose penalties but I think you can see what I am saying. In other words if someone tests dirty in a WADA test I would assume USADA would honor those results.
This is straight out of the MX Sports form: ANNEX A: EVENT PARTICIPANT NOTIFICATION OF USADA DRUG TESTING
"All event participants acknowledge and agree that they are subject to the Code and the USADA Protocol, and that they are required to abide by all such rules and by the anti-doping rules of the FÉDÉRATION INTERNATIONALE DE MOTOCYCLISME (“FIM”)."
And ANNEX B: CONSENT TO DOPING CONTROL
"I understand and agree that by virtue of signing this Consent, I am subject to doping control conducted by USADA. I understand and agree that the World Anti-Doping Code (“Code”) and the USADA Protocol for Olympic and Paralympic Movement Testing and its Annexes (“USADA Protocol”), apply to me, constitute the anti-doping rules for the Championships, and that I am required to abide by all such rules and by the anti-doping rules of the LOC and the FÉDÉRATION INTERNATIONALE DE MOTOCYCLISME (“FIM”)."
Full forms are posted here
There is a reason why our community is subject to failure when it comes to major issues...reasoning behind that is Dmg or Ama or whoever owns us now doesn't have the huge money sponsors that push for final outcomes that sports communties such as nfl, nascar, nba, f1, soccer...list goes on have. So our resolve is slow and almost pointless! We lose our fan base based on this alone....this whole thing has irritated me from day one and how stupidly secretive our sport has been is just ridiculous. We are our own worst enemy!!!
Im glad I am not a part of that inner circle.
Announce something concrete. Commit to a plan of action.
Personally, I think it is bullshit to ban a rider for...adderall. EPO...? Totally different IMO. If James has a long standing prescription but just didn't get the TUE...big deal, make a fine and go on.
So, let me get this shit straight... It's OK to use adderall if you fill out some paperwork with the testing agency (and probably pay a fee), but if you forgot to fill out said paperwork, the testing agency is going to effectively end your career?
ABSURD. This is a big black eye for our beloved sport.
Pit Row
So they give JS a pass on this. Tell him to show his 'script and issue a TUE. Give him a small fine and move on.
Okay... so I am a pro racer. My thought process is this...... "Well shit, I will just go to my doc, get a 'script for adderal(not as hard to do as one would think) and I will just take it on raceday to help my focus/concentration, speed up my coordination. If I get caught I will just claim stupidity/ignorance/laziness and get issued a TUE, pay a fine and all is good. I can use a medication to help improve my performance and if caught the price is pretty meaningless."
Is that the precedent that should be set?
It's a hard argument for both sides. It's just plain stupid that our "affiliated" agencies can't seem to get their own respective stories/facts straight. Typical red tape bullshit.
It only said that there is a prescription for a long-term condition. Long-term condition does not always equal long-term prescription.
Does WADA have the sole authority to issue penalties, or are they simply a contractor that performs the testing? If WADA does issue penalties, does the FIM have any discretion regarding enforcement?
From what I understand, the FIM has contracted with WADA to monitor the sport -- the FIM pays WADA for its services. As such, it seems like the FIM isn't bound by any WADA ruling.
If my assumption is correct James' situation is much more favorable for him; the FIM will likely cave like they did for RC.
Why did it have to be James, any-fucking-body but James............
Splitting hairs I know, but that's how it'll play out if lawyers get involved. And JS7 would then potentially have a huge civil case for lost earnings if the FIM decides to push the issue
SX is sanctioned by the AMA, which is affiliated with FIM. It's also an official FIM world championship so all FIM rules apply.
FIM engages WADA to conduct testing on its behalf (a contract of sorts). WADA does all the testing, and advises/publishes results. The sanctioning body, in this case FIM, is responsible for deciding, issuing and enforcing penalties.
MX is sanctioned by AMA Pro Racing, which despite its name is not associated or affiliated with AMA, nor is it affiliated with FIM. MX Sports has engaged USADA, which itself is affiliated with WADA and uses the same standards and testing protocols, to do its testing.
On the surface, a suspension applied in one series has no effect or force in the other. However it's here where things start getting complicated, for some technical and political reasons.
The wording of the FIM policy on suspensions seems to imply that it applies to not only FIM and affiliate sanctioned series, but other national level series. This could mean that while the FIM can't stop James racing in the US nationals, to do would be a breach of any FIM suspension and may land him in further trouble.
Secondly, it doesn't seem clear if having an AMA license or membership (as distinct from AMA Pro Racing) is a requirement to race the nationals. Do national level pro's have two licences?
Finally, there's the political aspect of having a rider fail a test and be suspended from one series, which is then ignored by the other series and he is allowed to compete.
I think it's this last issue which possibly wasn't foreseen, and which is putting DC and MX Sports in a bind. Do they allow a suspended rider to compete and thus create a farcical situation where the rider is banned from one series and not the other? Or do they come in line with the FIM ruling and apply the same suspension, even though the testing wasn't done under their own controls/guidelines?
Certainly a messy situation.
Yes, it's a prescription drug. No, it wasn't properly documented or approved (via a TUE). Unfortunately, that makes this sort of the ultimate, "The dog ate my homework," excuse.
That means there are appeals to work through. How that will work out is anybody's guess. But based on past history of WADA and other sports, I expect it to be a substantial penalty. Hopefully it's not a career-ending length.
Athletes in other sports (the Olympics, for example) have by and large figured out how to live within the confines of this. Having one of our biggest stars snared in this is undoubtedly an unintended consequence that no one expected.
But if this was prescribed by a doctor to a world-class athlete, the doctor should have known amd advised him that he needed a TUE. Same goes for his parents, team manager, trainer, and anyone else in his circle.
Is there a reciprical agreement between the two series to honor each other's penalties? No.
Will AMA Pro Racing have any choice but to pull his license if the FIM and AMA request that they honor it? That remains to be seen.
Post a reply to: When will we know if James is racing this weekend? GuyB, Matthes, JT$, anybody?