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Readers here this week had been informed about regulations and rules that were created at the National Conference of the Australian Karting Association in August last year with an effective date of the 1st January 2006. The important notice concerning the TAG (Touch and Go) class engines was one such item reported and recorded in the National Conference minutes as being approved by the National Karting Council .

We all understand that the only body authorized to make NCR's (National Competition Rules)   in this Association, are the National Council and only when in meetings - like the Parliament - but the AKA has only one house and that's the NKC house, this consists of one appointed member from each member State -as the voting Senators so to speak ! (there are 7 member States).

Having viewed the official minutes of laws and rules made by the NKC, and  noting that no rules have yet been officially  rescinded by the NKC, it is valid to state what the minutes recorded, an example  of this  is as follows:

Some years ago a rule was omitted ( for whatever reason)  from the manual in a reprint - a competitor (Paul Laskszewski) was charged with using an engine that was not listed in the rule book - he was suspended for 12 months and incurred a $1000 dollar fine as a result of that omission - this action was about to decimate a young persons motor sport career. The AKA - its officials and appointed Disciplinary tribunals  would not listen to the fact that the rules had been omitted from the manual - even when the Secretary of the time informed the officials in NSW -  as a consequence the matter had no option but to seek leave to appeal to the  Australian Motor Sport Appeals Court (AMSAC) , leave to appeal was granted by the court and  a cost of $4400 to the appellant.

The court found that if a rule was introduced by the National Council then it remains a rule and remains a rule until it is rescinded -removed or repealed -  and only by the NKC.. Master Paul Laskazewski had done nothing wrong, but it took a group of dedicated people to ensure that  he was not crucified and the Court upheld his appeal - he now continues in a motor sport career.

Yesterday the National President issued a memo in response to the article below and indicated that the 125 Engines rule for TAG  and Open Performance class  authorized by the NKC ( the only rule makers) are not valid for use in these classes and therefore not permitted on AKA tracks - this clearly flies in opposition to what the highest motor sport court in the land  (AMSAC) has said about rules that are made and their omission in the manual.

It is the writers belief, and it so states in the Constitution of the AKA , that the National Karting Council are the law makers for our NCR's  and the Administrators (the National Executive)  are responsible for upholding those laws / rules made by the NKC, and that they have no authority to change any rules- surely the Court ruling would make them a little wiser to the protocols.

If there has been a flaw in making  a rule,  or the NKC have been mislead to believe that everything in approving a rule  had been correct when it was not , then they ( the NKC) should be advised ( by the Administrators)  to move to correct the error  officially - but they (the NKC)  only can correct such an error - a memo by the Secretariat is not a memo of the NKC and doesnt stand up as a recission of the NKC decision.

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