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Here are a couple other proposed changed I'd like to submit for consideration by the AMA:
1. Claims and protests must be handled exclusively by the designated event AMA official. The event promotor, event contractors or representatives, even if they also act as AMA officials eleswhere, cannot be involved in a claim or protest at an event they are promoting, working at or recieving compensation from. No party recieving compensation from the Event Promoters shall be involved in any way with a claim or protest.
2. Any AMA official that has recieved parts or motorcycles that are not readily availible to the public and/or at a discounted prices from full retail or MSRP from a manufacturer, corportation, LLC, or Sole Business Propriety involved in any manner in a claim or protest shall be deemed in conflict of interest and recuse themselves in whole from the claim or protest. In such an event, the designated back-up AMA event Officail shall hadles that claim or protest.
There must be integrety, independance and trust in the process and those were severely lacking at the National.
there is so much gray area that it certainly would be hard to anticipate every scenario, especially when dealing with intelligent, motivated people seeking to be vindictive.
I mean, it isn't like Brian Deegan can say he never thought about ghost riding a bike over a big jump
One way to get around that would be that the owner of the bike doesn't get to do the repairs.
they could be estimated by msrp parts plus book rate on labor.
If it happened to be a star or other highly modified bike, the claimer could still see what mods had been done and possibly use them, all the while getting a fresh stock engine, or they could simply withdraw their claim. Still a pretty big gamble by the claimee to damage the bike.
of course there are short cuts for time and hassle.
How about if the bike doesn't run or has specific damage (wheel, frame. forks, etc) the claim fee is adjusted.
an example would be if the motor is locked down, or compression is below a certain amount, the fee is reduced to actual msrp of a new bike, and the claimer still has the option to withdraw without penalty.
There are risks for all parties involved. but at least potential scenarios are considered.
the best one can hope for in one of these deals is for all parties to feel equally shafted, because there is no way they are all going to be happy.
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7. Any rider deemed by the AMA to be complicit in
circumventing the claiming rule (i.e. placing a claim with
the intent of returning the motorcycle to the original owner),
will be subject to a 1-year suspension of competition
privileges.
Maybe change i.e. to e.g.? I think there is a major issue with a brand being able to offer bikes, motors or other incentives to drop or not place a claim. Something additional needs to be done, above and beyond the proposed rule changes, to limit the ability for 3rd parties to intimidate the claimant.
MX Sports will forever do their best to keep them happy, period.
You can claim a bike anytime within 30 minutes of the rider finishing his last moto. And it would be wise to do it after that last moto so you don’t run the risk of said rider intentionally damaging the bike during his last moto.
"Contrary to popular belief, there is no three-day right to cancel on a car purchase. If a consumer signs a contract to purchase a vehicle, he or she has bought the car and must abide by the contract stipulations or face potential consequences, including legal action"
Here is the MD 3 day right of rescission overview. Most sates are close to this.
The Maryland Door-to-Door Sales Act provides for a 3-day right of rescission for certain contracts that resulted from door-to-door solicitations. Additional exceptions that allow you to cancel within three days include health clubs, credit service centers, self-defense school, and weight loss centers.
At the end of the day when you claim someones bike and they have motos left to ride the bike it creates hardship. A rider should not be able to claim a bike, create stress and chaos for the person whos bike is claimed, and then just say never mind.
Pit Row
Unlikely, but possible.
If Mr grungy pulls 30 foot on the rest of the field on the start of the first moto then a competitor in his class should be able to claim that bike after the first moto.
Processes & Procedures - Lay out exactly how a claim is will transpire and the exact steps that need to be taken by each person involved in the process.
Roles & Responsibilities - Define the exact people involved in the process, by position, and state what exact steps of the process each person will perform.
By covering these two main areas, the majority of the issues in this case and the concerns expressed in this thread would be alleviated. Most of this was caused by the absence of this information in the rule as it is currently written.
As for intentionally blowing up the bike in later motos/other class - easy, put a clause in the rule that if the bike is either damaged intentionally or unintentionally, or substantially altered in condition after the time of claim, the claimant can retract his claim. Rule can also state that if AMA determines the damage was caused intentionally, counter to the spirit of the rule, that the offender can face penalties.
As for "outside influence" or "unspoken rule" bullshit, put a "spirit of the rule" statement in. Explain the purpose of the claim rule and the intent/spirit. Then put a clause that says anyone taking any action counter to the spirit of the rule may face possible sanctions from the AMA/promotors. You can get as crazy as you want with this. Understanding this is rather broad and difficult to enforce/police, but that is how many rules are and many times written that way on purpose to allow for latitude.
Change terms of art to match exsisting terms so long as proposed intent remains uneffected. You understand the intent.
Make applicable at only LLA's, LLR's and LL Nationals. No one is attempting to claim bikes at local races, but AMA already knows that.
The update about the claim being irrevocable comes from 2 places. The first is it takes away from the subsequent drama after the claim. If that were the rule last week, this would have turned out different and we would all be talking about the battle between Sexton and Tomac. The second thing this prevents is someone doing a claim to just be a pain in the ass and F with someone and then being able to say, "My bad, nevermind" with no penalty.
In no way am I trying to say the rule was perfect 2 weeks ago, this situation exposed some flaws which we are trying to address. What I am saying is that under the current rules we all handled our part pretty well.
Post a reply to: AMA Motocross Commission Claiming Rules Proposed Changes for 2023