UIM F2 racer, Tobias Munthe-Kaas has had a disqualification overturned by the UIM International Court of Appeal.
The Norwegian was taking part in last season’s Tonsberg UIM International Ordinary race when in the Saturday race final he finished second on the water but was subsequently told at the prize giving that he had been given a DQ due to a breach of UIM Rule 307.02 (changing lane at the start).
Munthe-Kaas’ defence argued in the appeal that the organisers did not post race results before the prize giving that would have allowed him to protest the decision.
The appeal committee that was made up of Bruno Tassone, Rui Botica Santos and Francesco De Beaumont found:
The Panel deems that the violation of the fundamental Rules about the protest and the right of the Driver to have his case decided before the final ceremony – without any reason alleged for the related postponement – is enough to declare the Jury Decision and the previous ODD Decision null and void.
The Tonsberg race organisers decided not to defend their case to the court of appeal on the grounds of cost.
The UIM explained in their findings:
The Panel does not need to hear other witnesses, also in the light of Art. 6 of the European Convention on Human Rights, according to which each proceeding shall end “within a reasonable time” and the related principle, recognized by various European supreme courts and Constitutions, about the consequent duty to pursue the “economy of trial resources”.
The race’s grid positions were determined by two sprint races that were held earlier that day.
Christian Carlsen starting from second on the grid won overall, Munthe-Kaas starting from sixth took the runners-up slot with pole sitter Bimba Sjoholm placing third after a bad start.