Quick and to the point-
The Hondas that you mentioned are all MODELS because they are designated by their VIN as such (there is a unique digit in their VIN that shows they are a DX, EX, Si, or ??). Not because Honda chose to call them models. They fit the GCR definition as a MODEL. The MS-R was not designated in any part of the MX-5's VIN, and was therefore not a MODEL but an OPTION according to the GCR. [/b]
Sir, you are arguing a tautology. Their VIN defines them as separate models because
Honda defines them as a separate model. Since
Honda defines them as a separate model, their VIN must show them as a separate model.
I would be more than happy to use a consistent definition of MODEL, but it must be absolute and free of subjective interpretations. I say the MS-R is not an option, it is a model regardless of how Mazda
chooses to define it. Then again, I may say the MS-R is an option, not a model, regardless of how Mazda
chooses to define it - especially since I am unaware of any definition of model.
Because it was an option, the CRB was well within its scope to add it to the SS Spec Line. At any time. Regardless of availability.[/b]
I believe that the 18July2005 CoA decision makes it clear that, at least for the 2007 competition year, that you are absolutely and completely wrong. You'll note that the CoA is the final and absolute arbitrary of the meaning and intent of the rules under which your customers and you agreed to participate.
It's exactly what they did with the Solstice hardtop. [/b]
And the CRB may do whatever it damn well feels like and those decisions are presumed legal until ruled otherwise by SCCA's independent judiciary.
As it appears that the legality of the Solstice hardtop never was tested, it is, therefore legal until otherwise determined. Perhaps you should have had someone with standing protest the top and take it to the CoA.
I have no problem with the rule(s) in question. Just that they don't seem to be equally enforced.
BTW- There is no intent of a rule. There is nothing subjective involved here. Just the GCR as written.[/b]
No sir. The rule is equally enforced. The CRB added option/model/item and until a judicial action is initiated, the items are deemed legal. An action was begun on the MS-R and two
independent bodies determined that the rule was illegal specifically because "this model is not available to the general public." Please note: "model" being a meaningless term. The subjectiveness of this is being used by Mazda - they claim the MS-R is an option, not a model because
MAZDA has not defined it as a model.
A little known fact is that we were not notified of the Action of the Courts until AFTER the proceedings. We had no chance whatsoever to rebut or defend. A total lack of due process.[/b]
Mazda has no standing sir in the case. 8.3.1 clearly establishes who has a right to protest at an event. 8.1.4 clearly establishes who has standing in a Rules Interpretation protest. In neither case, I can find no reference that a manufacturer has standing.
You sir are accusing the First Court of perjury - "The First Court obtained
information, data, and testimony from the Club Racing Board, (CR
, SCCA Club Racing, Mazda Motors,
Mazda Motorsports, and a Mazda dealership."
If there was
NEW information, unavailable at the time of either court, a new judicial proceeding could have been initiated. You chose to not do that. Or Mazda could have entered a car with these specifications, filed a protest and taken the new evidence to the CoAs.
Actually, from what I understand, the BoD can overturn a CoA ruling. [/b]
8.4.5. "The Court’s decision shall be final, binding and not subject to further appeals by any other party, either within the SCCA organization or outside the Club."
No, the BoD may not overturn a CoA decision. The BoD may change the rule, rendering the decision moot. It may not change the opinion or decision.
I would love to see the Solstice protested on the grounds of its hardtop. But unfortunately they already have a couple National Championships with it. One of them should belong to Honda. The other... ??? Can we go back and rerun those races?[/b]
Well, sir... I have told you how it can be done. I suggest that Mazda Motorsports issue a check. If an official from Mazda Motorsports OFFICIALLY contacts me via a PM, I will provide the information required to have you issue a check for the initial protest fee.