Driver’s Appeal Against Disqualification Upheld
An appeal by Mr M. D. a specification for shock Cottle, of Dunedin, against absorbers, as would be neceshis disqualification from the sary for a successful protest. Benson and Hedges long dis- The court said that there tance saloon car race at was no bar on changing the Pukekohe on November 1 fluid in shock absorbers, just last year has been upheld as there was no bar on changby the stewards of the Royal ing the air in the tyres, the Automobile Club living in oil in the sump, or the brake New Zealand. fluid.
It was the second appeal against the disqualification, an earlier one to the Motorsport Association (New Zealand) appeal board in December having been unsuccessful.
Members of the Court were Messrs A. A. Coates, S.M., of Auckland, J. N. Lemon, of Dunedin, and T. M. N. Rodgers, of Palmerston North. Mr H. J. Ross appeared for
As a result of the last appeal, Mr Cottle’s car has been re-instated in fourth over-all position and first position in its class in the race. Mr Cottle's car, which had been driven during the race by G. Sprague and B. Cottle, was disqualified for alleged modifications to the rear shock absorbers.
Mr M. D. Cottle and Mr R. D. Burnard appeared for the New Zealand International Grand Prix Association.
The appeal was based on two main grounds: that the original protest hearing was invalid, and that the disqualification of the car was invalid as it did comply with the supplementary regulations of the meeting. The appeal court ruled that the appeal must succeed on both counts, as the protest was heard by persons other than the stewards of the meeting, as required, and because the supplementary regulations did not specifically bar the changing of fluid in the shock absorbers, as had been done to Mr Cottle’s car and had been the cause of the protest. The court decided that damping fluid was not a component in its own right and that no-one could produce
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Press, Volume CIX, Issue 32234, 28 February 1970, Page 19
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340Driver’s Appeal Against Disqualification Upheld Press, Volume CIX, Issue 32234, 28 February 1970, Page 19
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