Matt,
<blockquote>Not that I've changed my view, it's just that there are certain safeguards that result from a worker protesting that I hadn't considered and are very significant. That said, I think those safeguards are exceptions to the rule. First is schools. Obvious need there for MORE worker involvement.
</blockquote>
Schools or races, the rules are the rules. If it had been a race, I would have protested the driver in my case. And, by the way, the flagger in question is a good friend, but I personally think he was incorrect in this case.
The safeguards are important, and that is why the GCR says the officials, drivers, entrants and organizations can file protests for anything covered by the GCR. Note that CREW cannot.
<blockquote>A bad CS or other high ranking official that does nothing or ignores a problem? That's a reach and true exception and it's also a whole separate problem and he/she shouldn't be a high ranking official.</blockquote>
It's not a reach or an exception. It happens all the time, and it is often dealt with in different ways that are more effective than a protest. I have been a race chair, steward, or a speciality chief a number of times, and my wife has been the chief registrar as well as our regional comp board chair. You see a lot that, but because it is a club, you either ignore or have a private discussion to cure the problem.
<blockquote>I'd rather see the worker protest the official for doing nothing as it addresses a far greater problem. Either way the safeguards address the exception not the rule. Sometimes that's what safeguards are for but when they also open the doors to abuse or misuse I start thinking of better ways if possible to do it.</blockquote>
Two ideas here.
First, you seem to make a distinction between "Workers" and "Officials". What is that distinction? The SCCA considers all the F&C, Tech, Grid, et. al. workers to be "Officials" with respect to the GCR.
Second, your statement about safeguards vs abuse reminds me of a quote: "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety".- Benjamin Franklin. I am willing to deal with the occasional abuse for the sake of assuring the safeguard. What has not been discussed is that the Stewards of the Meet failed to apply any correction to the system and retain the protest fee. If you lose the protest fee for an abusive protest (and I'm not sure that this one was abusive), then the system tends to self correct, but only if the SoM keep the protest fee.
<blockquote>Specifically, and what sparked me on this issue, is when drivers get protested and the drivers involved see no violation and it happens too often.</blockquote>
That is why we have Stewards of the Meet, and why the thought of a bunch of stewards who have never driven a race car is a very disturbing idea to me. It should not be a requirement, but the stewards program needs to find people like Ray to keep things in balance.
<snip the part about the RFAs, as that is a whole different topic. RFAs are not like a protest in a few very significant ways.>
<blockquote>Ergo, I do think that workers and officials protesting drivers for on-course incidents needs to be somewhat more regulated and restricted.</blockquote>
$25 dollars per protest, and you lose it if it is not well founded, will certainly cut it right down.
<blockquote>I like the idea of a "seconding" of a worker against driver protest by another driver. Seems to me that controls the situation without losing the safeguards or integrity of the system. </blockquote>
Nope, another driver may not have seen the incident being protested. $25 works just fine.
<blockquote>IN the case of a worker protesting an official, a "seconding" from another worker would be in order. It takes the personal factor out of it for the most part and limits potential abuse or a misguided protest as well intentioned as it may be. Remember also that protests shouldn't be seen as a member's right but as a mechanism for protecting the event, sport and participants. Is it really so terrible to require a consensus of sorts before a driver gets hauled down to the tower?</blockquote>
Same Issue, there may not be another witness that could "second" the protest.
Also, you are still making a distinction between workers and officials. They are one and the same.
<blockquote>You see, in Tim's case, hopefully, a driver, when asked to support the protest would say, "He wasn't breaking any rules. Take it up with the CS". Problem solved.</blockquote>
Or, the SoM listen, tell Tim "have a nice day.", and the club gets $25 richer. Yea, there is a bit of a hassle, but we need to have that to prevent the other abuses that we could have if the ability to freely protest was not there. Your idea puts the other driver in the position of being the judge. He may not have been able to tell if there was a violation, given his perspective. And some drivers cannot be trusted to tell you the correct time of day. The SoM have time to interview more than one person, deliberate, and make a reasoned decision. The other driver would probably think they don't want to get involved, so they simply shut up and refuse to admit to anything.
<blockquote>No hassle for Tim and perhaps the CS talks with him but the whole nasty protest process is avoided and this thread ceases to exist. Without driver support, perhaps the worker protests the official and gets support and a bad official gets written up and/or ousted. Good thing there. Either way I think it's a system that can be improved. Right now it's sort of like a single voice in a community being able to take action unilaterally with or without any support of that same community. No petition, no meeting.</blockquote>
Anyone can walk into a police station and file a criminal report. It is up the the police and the DA to sort it out and decide if it should be acted upon. If you file too many vexatious ones, there is a cure for that as well.
<blockquote>Makes the accused guilty until proven innocent. When the violation is a corner worker's judgement of driving technique I really have a problem.</blockquote>
I only agree with part of this. The system almost worked, Pete didn't lose his $25. I think it would be a big mistake to require that there be two or more people who see a rule infraction and both be willing to file a protest, no matter what or where, on track, off track, be it driver, official, or others.
<blockquote>Lastly, I have definately not changed my mind about a worker or official passing judgement on driving technique such as choice of racing line. Totally out of line (excuse the pun). Unless a rule is broken it can't be heard even with support.</blockquote>
Well, yes it can be heard, and, as in this case, the SoM determine that there was no rule broken, thank you very much, now go home. Only they gave Pete his $25 back.
<blockquote>The worker is not there to judge technique. As I said before, if the captain feels something is unsafe, talk to the CS or walk off the corner. Make it the CS's problem or protest the CS.</blockquote>
While I agree that the worker is not there to judge technique, he is there to make sure that the track and the racing is as safe as possible. If he sees a driver do something that he feels is very unsafe, he should take action. IIRC, 14.1.4 was the actual rule, and the protest effectivly said that, in his opinion, Tim was in violation. That is like the DA bringing the case before a judge. Let the SoM make the judgment, as that is their job. That is not an abusive or vexatious protest. It caused everyone a bunch of hassle (more than just Tim), but that is the price you pay for having a system that can work.
As for the protest that I wrote about, you said I should protest the steward who didn't take any action. Well, using your own logic says that is exactly the wrong thing to do, as the steward did nothing that was against the rules. The GCR (6.11.3) says that the steward MAY, not MUST, deal with the infraction. Big difference. His decision to do nothing was fine, and the only recourse, by the book, is for an official (worker) to protest the person who did break the rules. If you lose a civil case in Federal court you can appeal it, and if you lose that, file an appeal with the SCOTUS. I know of one woman who did this, numberous times, until the courts told her she had to ask for permission to file an appeal in the future. But she had to really, really abuse the system before that point was reached.
Matt - I beleive more tha just the Captian were feeloing uncomfortable with my line. and they might have been supportive - not sure though.
Other drivers did offer to appeal the protest and I beleive were supportive. I am not sure what was happening off the record but I beleive other drivers/officials might have been makinfg a case for me too - Not sure here either.
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The other flagger onthe corner is both a Nationally licensed flagger and a Nationally licensed ITA driver.