The same "smart" people that thought that adopting the rule provided liability protection?
2.7 Effective January 1, 2012, Head and Neck Restraint Systems shall be
inspected for recertification every five years after the date of original
certification. Product inspection, maintenance, and/or replacement procedure
is per individual manufacturer. Inspection must be done by the original
manufacturer only, and not their authorized resellers or dealers. When a unit
is determined by the manufacturer to be acceptable for continued service and
in compliance with the current version of the specification, the original
manufacturer shall place on the product a new SFI 38.1 conformance label
marked with the inspection date.
Please educate me... if the only thing that protects the club is the use of device meeting SFI 38.1 (the assertion of these
smart people) then if someone gets injured using a device that does not meet 38.1, the club is naked, liability wise (automatic conclusion from their assertion). Based on the new 38.1, which requires re-certification every 5 years, a device outside that window no longer meets 38.1,
n'cest pas? Thus, SCCA will be allowing people to race in non-38.1 compliant devices and, by their own assertion, SCCA is now open to a liability complaint.
They cannot have it both ways. If 38.1 is the only thing that protects the club, then allowing people to race with non-38.1 compliant stuff leaves the club unprotected. Period, end of story, game over.
You can spin this anyway you would like, but this is a binary. There is no grey area.