CONSTITUTION AND RULES OF THE ISLE OF WIGHT CAR CLUB

1. Title

The name of the Club shall be “The Isle of Wight Car Club Ltd” hereafter referred to as “The Club”.

2. Objects.

a) To further interest in motoring and motor sport.
b) To provide members with information, advice and assistance on matters connected with motoring and motor sport.
c) To watch the local administration of the laws and regulations affecting motoring and motor vehicles, and to report any proposed local action or scheme to the MSA.
d) To promote motor competitions in accordance with the Rules of the MSA.
e) To arrange tours, lectures, discussions and social and other meetings.
f) To afford members such benefits and privileges as it may be possible to arrange.

3. Safety

The Isle of Wight Car Club applies high standards to all aspects of its organisation including Health & Safety matters. In order to achieve this aim the Club will work in the spirit of Health & Safety legislation rather than simply comply with it. In turn, the Club expects that every person participating in events, whether competitors, officials, marshals or spectators, to shall take all reasonable care for the health and safety of themselves and other persons who may be affected by their acts or omissions during the operation of its events, in order to achieve the highest standards of safety performance.

Accordingly, as a minimum, events will be managed in accordance with the MSA Yearbook

4. Constitution

The membership shall consist of (a) Life Members, (b) Honorary Members and (c) Ordinary Members.

5. Management

The authority and responsibility for the transaction of the business of the Club for its management shall be vested in a Committee, who, in addition to the powers and authorities by these rules expressly conferred on them, may exercise all powers and do all acts in furtherance of the objects for which the Club is established or done by the Club in General Meeting.

6. Election Of Officers

The President and Vice President(s) of the Club and the Chairman, Treasurer, Secretary and Committee shall be elected at the Annual General Meeting. At the following Annual General Meeting they will be subject to termination of office by resignation. The Committee shall have the power to co-opt other members as they deem necessary. The retiring officers and other members of the Committee shall be eligible for re-election.

7. Committee

The Committee shall consist of not less than eight and not more than twelve members. Neither the President nor Vice-President(s) will be members of the Committee, though may attend in an ex-officio capacity without a right to vote. The Committee shall elect from amongst its own members a Vice-Chairman. One half (rounded down) of the members of the Committee shall form a quorum.

Nominations of Candidates for election to the Committee must be received by the Secretary not less than seven days before the Annual General Meeting, with an intimation in writing signed by each Member nominated that he or she is willing to serve. Nominations of Candidates shall be signed by the member proposing them. A seconder is not required.

In the event of a vacancy arising following an AGM and prior to the next AGM, the Chairman will have the power to fill that vacancy, subject to confirmation by the committee at their next meeting.

The Committee will have the right to co-opt non-voting members to the Committee if it is considered that their presence will be of benefit to the Committee. Such reasons for co-option could include succession planning.

The Committee shall have the power to appoint a Sub-Committee or Working Party of not less than three persons to meet on its behalf in respect of any matter which is specially referred to such a Sub-Committee or Working Party.

8. Meeting Of Committee

The Secretary either of his own accord or by the direction of the Chairman shall, unless otherwise agreed by all the Committee, give at least 7 days written notice of a meeting.

9. Absence From Committee

Any member of the Committee who shall, without sufficient reasons, absent himself from three consecutive Committee meetings may be called upon to resign his position upon the Committee. Should a resignation, in these circumstances, not be forthcoming, they can be voted out by the Committee via a vote of no confidence.

10. Duties Of Secretary

It shall be the duty of the Secretary to attend in person or by deputy, all meetings of the club and all meetings of the Committee to take minutes of the proceedings. Such minutes shall be recorded appropriately (e.g. electronically) and presented for confirmation at the following meeting.

11. Banking

All moneys of the club shall be banked by the Treasurer (or their nominee) in the name of the Club.

Whilst overall responsibility for all club financial matters rests with the Committee, authority to pay accounts will devolve upon two out of the Chairman (or in his absence, the Vice Chairman), Secretary and Treasurer jointly. No account is to be paid other than by cheque (requiring two signatories) or electronically where the banking system requires independent authorisation by a second person. Authorised signatories to be the Chairman, Secretary and Treasurer.

12. Election Of Members

Applications of candidates for membership (other than Day Members) of the club shall be submitted to the Committee by the Secretary and the election of such candidates shall be at the discretion of the Committee. The name and address and description of the candidate and names of his proposer and seconder, being members of the club, shall be stated on each application submitted to the Committee, provided that in the case of a candidate who knows no member of the club, the Committee shall be empowered to carry out the election after proper enquiries. Membership of the club shall continue only for the period covered by the current subscription and members shall be subject to re-election annually by the Committee. There will be no need for proposers and seconders for those re-joining the club.

Those joining as Day Members will be at the sole discretion of the Clerk of the Course, taking advice from other Committee members as he/she feels fit. There shall be no recourse for an applicant in the event of refusal.

All applications must be made by an individual in his own correct name and be signed by the said applicant personally.

Applications by persons under the age of 18 years must be countersigned by a parent or guardian.

13. Membership Of Any Other Club

If a candidate is a member of another club or organisation, he/she shall not be entitled to affiliated membership, Honorary, social or otherwise, either free or at a reduced rate.

14. Provisional Members

Any candidate for membership of the club whose subscription has been accepted by the Secretary (or his nominee) shall become a provisional member of the club. Provisional membership of any candidate shall only hold good until the next meeting of the Committee after payment of the subscription of such candidate.

15. Voting Of Committee Members

Each member present at a meeting of the Committee shall be entitled to exercise one vote. The Committee shall vote by ballot if any member present so demands. A vote of one third against any application for membership shall exclude them from membership.

16. Subscription

Costs will be notified at the start of each season, as determined at a General Meeting.

17. Payment Of Subscriptions

Membership shall be due from the date of the AGM or the first event of the season, whichever comes first.

18. Provisional Members

Provisional members will be eligible to participate in club events, provided they have paid their subscription, up to the point of their confirmation or otherwise as ordinary members by the committee. See also paragraphs 21 and 22.

19. Non-Payment

Any member of the club who has not paid his subscription within two clear months of the date on which it became due shall be notified of the fact in writing by the Secretary or the Treasurer, and one month thereafter any member who has still failed to pay his subscription may, unless sufficient reason be shown to the satisfaction of the Committee be taken off the Register of members forthwith. No member whose subscription is in arrears shall be eligible to take part in any competitions organised by the club and under the rules of the MSA.

20. Resignation

Any member wishing to resign his membership shall give notice in writing of such desire to the Secretary. Failure to renew (and pay) membership at the appropriate time (see above) will be taken as resignation from The Club. Also any member ceasing, voluntarily or otherwise, to be a member of the club, shall thereafter cease to have any claim upon the property of the club or to enjoy any privileges of membership, but he or she shall remain liable for the payment of any debts due to the club from him or her.

21. Use Of Club Name And Address

The name and address of the club shall not be given by a member as his address for trade, advertising or business purposes or in connection with any legal proceedings.

22. Life Members

Subscribers of not less than 20 times the annual subscription for the time being may be elected Life Members by the Committee and shall be exempt from the payment of annual subscriptions. A member cannot become a Life Member until after re-election by the committee on a yearly basis.

23. Honorary Members And Social Members

The Committee may elect as Honorary Members all members of the Royal Families and any persons distinguished for their political, scientific, literary, industrial and administrative capacities, or who have been distinguished in promoting the cause of motoring in general or of the club in particular.

24. Discipline And Potential Expulsion Of Members

Any matters concerning the discipline of members shall be dealt with in accordance with the Club’s Disciplinary Policy. Attached as Appendix 1.

25. Child Safeguarding Policy

The MSA’s Child Safeguarding Policy has been adopted and can be found on the following link: https://www.msauk.org/Resource-Centre/Policies-Guidelines

26. The Annual General Meeting

The Annual General Meeting of the club shall be held in the month of March in each year upon a date and at a time to be fixed by the Committee. The Annual General Meeting shall:
a) Receive from the Committee a full statement of accounts duly audited showing the receipts and expenditure for the Club’s financial year, which will run from the 1st January to the 31st December.
b) Receive from the Committee a report of the activities of the Club during the said year.
c) Elect the President, Vice President(s), Chairman, Secretary and Treasurer of the club, and if necessary, an auditor.
d) Elect the Committee.
e) Settle any remuneration’s for the officers of the Club and, if relevant, Auditor.
f) Decide on any resolution which may be duly submitted to the meeting as hereinafter provided.

27. Special General Meetings

A Special General Meeting may be convened by direction of the Committee, or on a requisition of the Secretary stating the business for which the Special General Meeting is required and signed not less than 12 members. If the meeting so requisitioned is not convened within 21 days, the said 12 members may convene such meeting. 15 members shall form a quorum.

28. Agenda

When members wish a matter to be discussed at a General Meeting, the text of such matters signed by at least two members shall be sent to the Secretary at least 14 days before the date of such meetings, so that it may be included in the Agenda.

A copy of the Agenda shall be sent to each member at least five days prior to the meeting, but the fact that any member has not received a copy of the Agenda shall not invalidate the proceedings. No business which is not included in the Agenda shall be discussed at the meeting unless every member present is in favour thereof. Should the proposer of any motion fail to move a resolution in respect of the relevant item on the Agenda, then any other member shall be entitled to do so.

29. Voting

Every person with a right to be present may exercise one vote. The Chairman shall not vote except in the exercise of a casting vote. At all General Meetings, except as provided in Rule 30, a majority of votes decides a resolution.

At any General Meeting any 12 members may demand a Poll, and thereupon the meeting shall be adjourned to a time and place to be named by the Chairman, and a paper vote shall be taken of all members of the club. The outcome of the paper vote shall be deemed to be the decision of such meeting. The Rules relating to collective vote and proxies shall apply as in Clause 14 hereof.

30. Right To Be Present

No-one can take part in General Meetings unless he has been duly elected as a Member of the Club, and has paid his subscription according to the rules.

31. Observance And Interpretation Of Rules

Every member binds himself to abide by the rules of the club, including its Disciplinary Policy, and also by any modifications thereof made in conformity with such rules, and also to accept as final and binding the decision of the Committee in all cases of dispute or disagreement as to the interpretation of these rules.

32. Alteration Of Rules

Any alterations may be made in these rules by a General Meeting provided (a) that details of the proposed alteration or alterations are included in the notice of the General Meeting and (b) that the resolution proposing such alteration is carried out by two thirds of those present and voting at such General Meeting or by two-thirds of those voting should a Poll be demanded as provided for in Rule 28.

33. Events

All motor competitions organised by the club shall be held under the rules and requirements of the MSA.

Any member convicted of an offence arising out of his being in charge of a motor vehicle in any club event or on club business shall be thereupon be liable to expulsion from the club under Rule 24.

34. Competitions and Trophies

Competitions will be arranged by the Committee for which trophies may be won, as decided by the Committee.

All challenge trophies are perpetual and may not be won outright. Winners may hold them for eleven months, or until such time as their return is requested by the Committee, provided they remain paid-up members of the club (return is required immediately once membership has ceased). Replicas may be given at the discretion of the committee.

35. Copies Of Rules

Every member shall be furnished with a copy of the club rules and regulations on election.

36. Badges

Any badges issued to a member or for a club shall remain the property of the club. On termination of their membership, members shall deliver up such badges to the Secretary.

37. Dissolution

The club may be dissolved by a Special General Meeting convened by direction of the Committee, or on the requisition of the majority of the members.

If the resolution of dissolution be duly passed, the Committee shall forthwith liquidate the affairs of the club, and if there be any surplus assets on realisation, these shall be disposed of at the discretion of the Committee.

APPENDIX 1

Isle of Wight Car Club Disciplinary Policy

Introduction

The Isle of Wight Car Club (The Club) takes discipline very seriously. A failure of discipline can have a significant impact upon The Club, its members and third parties including landowners.

Scope

This policy applies to all members of The Club, including day members. A disciplinary offence committed by a day member can affect the future eligibility of the day member for future events and future membership of The Club.
This policy applies at all times, i.e. not just during events.

Principles

The Club will deal with all alleged offences in an equitable manner. The burden of proof will be on the Club to prove an offence took place on the balance of probabilities. All those accused of committing an offence will have the right to present their case.

Types of offence

There are two types of offence. Those which come under the RAC Motor Sports Association Blue Book and are dealt with in accordance with it and those which are outside of the Blue Book and are dealt with in accordance with this policy. The Blue Book generally applies to conduct at events and the latter at all other times. However, they are not exclusive. Misconduct during an event can lead to further action under this policy.

Discipline – The MSA

The Blue Book governs motor sport in the UK. The Isle of Wight Car Club is affiliated to the MSA. As a general rule, offences committed at an event will be dealt with in accordance with the Blue Book. Hence, unsafe driving or aggressive behaviour, for example, can lead to exclusion from an event or suspension (i.e. from future events). The full range of penalties is detailed in the Blue Book. The Clerk of the Course and Stewards deal with disciplinary matters, but can refer serious cases to the MSA. In addition, misdemeanours can be referred to the Secretary of The Club’s committee.

Discipline – The Club

Maintaining the reputation of The Club is paramount to its survival. Should its reputation be damaged in any way, it could have serious consequences to The Club’s ability to secure venues for its motor sports events. The Club, therefore, will take all appropriate measures as are necessary in order to maintain its reputation.

Any instances of inappropriate behaviour are to be referred to the Secretary of The Club’s committee for action under The Club’s Disciplinary Code

Disciplinary sanctions – The MSA

For details please see section C (Judicial) of the current Blue Book. In summary, however, typical offences include (i.e. there are others):
1) Action having as its object the entry or participation in an event of an ineligible vehicle
2) Any proceeding and/or act prejudicial to the interest of the MSA and/or motor sport generally.
3) Driving in a manner incompatible with general safety, and/or departing from the standard of a reasonably competent driver
4) Any contravention of Flag or Light Signals
5) Abusive language or behaviour, physical assault, or threats of physical assault within the area under control of the Organising Club.

Such offences will generally be dealt with by the Clerk of the Course. Appeals can be made to the Stewards.

Sanctions which can be imposed are detailed in the Blue Book. In summary, however, sanctions include (i.e. there are others):

  • Reprimand
  • The imposition of penalty points (reaching 12 within a year means suspension from competition for 12 months)
  • Fines up to £175 (as per 2014 Blue Book)
  • Exclusion from part or all of an event; this could include total exclusion from the results
  • Suspension from all competition for a period of time
  • Disqualification from all competition on a permanent basis

The Club has decided it appropriate to provide guidelines (which are not binding) to the Clerk of the Course and Stewards in regard to the type of sanctions to be imposed for particular offences. They are as follows:

  • Offence no1 (above). If serious, exclusion from the event. Otherwise, reprimand.
  • Offence no2 (above). Referral for consideration under The Club’s Disciplinary Code, which could lead to referral to the MSA. Such an offence could include behavior which does or could bring The Club or MSA into disrepute
  • Offence no3 (above). If serious, suspension for up to 30 days or a fine (or in extreme cases, referral to the MSA which can impose a greater sanction). Otherwise exclusion from the event or a fine. A serious offence would include speeding within the pits area. A fine of up to £50 could be used when suspension is unlikely to be an effective sanction.
  • Offence no4 (above). If serious (repeatedly ignoring flags), exclusion from the event, a fine of up to £50 or referral to the MSA. Otherwise, reprimand or a fine.
  • Offence no5 (above). If serious, exclusion from the event, significant fine (up to the full amount permitted) or referral to the MSA. Otherwise, reprimand or a fine up to £50.

Note: penalty points will also be applied for the above sanctions in line with the Blue Book. In addition, referral may be made to The Club for further consideration under its Disciplinary Code.

Suspension within the Blue Book refers to suspension of a competition license. As such a license is not necessary for The Club’s competitions, suspension will also include suspension from The Club’s competitions.

In most cases it is possible to appeal against the sanctions applied. This is detailed within the Blue Book.

The Club’s disciplinary code

This will apply to both cases of unacceptable behaviour outside of events (i.e. potentially outside the jurisdiction of the MSA) and potentially in addition to that detailed above (Disciplinary Sanctions – MSA).

The Club must have the ability to take action in the best interests of itself and its members as a whole. Hence, whilst actions applied in accordance with the MSA will be taken as necessary, The Club is entitled to take action in addition to any MSA sanctions for offences committed during an event.

Members are under a continuing obligation to ensure they do not, by their actions, bring The Club into disrepute, whether knowingly or not. This applies at all times and not just at events. Hence, a member driving recklessly on the public highway, with an Isle of Wight Car Club sticker on a car window, or indeed a member allowing someone else to drive their car with such a sticker, could risk damaging The Clubs’ reputation by association. This could also be the case for those leaving or entering a venue hosting an event.

In the event of an allegation of unacceptable behaviour by a member, they may be required to account for their behaviour and could have disciplinary action taken against them.

Unacceptable behaviour outside of events will include, but is not necessarily restricted to, the following:
1) Any proceeding and/or act prejudicial to the interest of the MSA, The Club and/or motor sport generally.
2) Behaviour which undermines or damages, or has the potential to undermine or damage, the reputation and/or credibility of The Club, and/or to create conflict within The Club. This includes, but is not limited to, postings on social media.
3) Behaviour which brings The Club into disrepute.

The sanctions which The Club can impose include, but are not necessarily restricted to:

  • Imposition of a points deduction from a championship(s)
  • Exclusion from a championship(s)
  • Suspension from The Club (and refusal of Day Membership) for a period of time
  • Expulsion from The Club

In the case of suspension or expulsion, The Club will be under no obligation to pay back, either in whole or in part, any membership or entrance fees paid. Any member suspended or expelled from The Club will be required to return any club property within 30 days.

The Club’s Disciplinary Process

This will only apply to breaches of The Club’s Disciplinary Code.

Any alleged unacceptable behaviour is to be reported to the Secretary of The Club as soon as practicable, with as much detail as is readily available.

The Club will be able to rely upon previous decisions made under this Disciplinary Policy as a guide for making future decisions, but will not be bound by them.

Hearing At First Instance

The Secretary will then inform the Vice Chairman of The Club who will form a Panel including himself and two disinterested members of their choice. The Vice Chairman, along with these members, will then undertake an investigation which he will lead. If the Vice Chairman feels he/she may have a conflict of interest, he/she shall discuss this with the Chairman of The Club which may result in an alternative disinterested individual being appointed from the committee of The Club to lead the Panel.

If, following an investigation, the Panel finds that there is a case to answer, the individual or individuals accused of unacceptable behaviour will be invited to meet the Panel and give evidence. The individual(s) will be allowed to present their case and provide the names of others for the Panel to contact to aid their defence. However, the individual(s) will not be allowed any form of advocacy, unless they are under the age of 18, in which case a single parent or guardian of the individual(s) will be allowed to attend with the individual(s).

Whilst the individual(s) will have the right to attend in person, they may, if they prefer and if acceptable to the Panel, submit a written statement, elect to respond to written questions or be interviewed over the phone.

In regard to taking evidence from witnesses, the Panel will have the exclusive right to determine the manner in which such evidence is taken, which can include, but it not necessarily limited to, interview in person or over the phone, written statement or responding to written questions.

There will be no requirement for the Panel to inform any of the parties involved as to the names of the witnesses, though they may do so following consultation with the relevant witness(es).

In the event that the individual(s) accused of inappropriate behaviour are found to have committed an offence, they will normally be notified of this fact in writing (including electronically) no later than seven calendar days of the conclusion of the hearing, along with the sanction applied. They will also be notified of their right to appeal. The method of communication will be that agreed with the individual(s).

Appeal Hearing

Any individual wishing to appeal a decision made at first instance must do so within seven calendar days of receiving the written notification. This must be made to the Chairman of The Club. It must be accompanied with a deposit of £25. This will be returned only if the appeal is successful. If the appeal is only partly successful, a smaller amount may be returned, at the discretion of the Appeal Panel.

The written notification of appeal must include the full grounds for the appeal. It will not be sufficient to merely appeal without reasoning. Individuals who merely state they disagree with the decision without explanation will have their appeals rejected and the deposit returned.

The appeal can be either against the finding of the Panel in regard to whether an offence was committed and/or to the sanction applied.

The Chairman will then form a Panel as previously described for the hearing at first instance. If the Chairman finds himself/herself conflicted, they shall consult with the President or a Vice President of The Club.

The process for the appeal will be as for the hearing at first instance, but it will be entirely at the Appeal Panel’s discretion as to whether previous witnesses are requested to participate in the appeal through one means or another. However, if new evidence (which could include witnesses) is provided by the appellant, this will be investigated.

The appellant will be notified of the result of the appeal normally no later than seven calendar days of the hearing. This decision will be final and no further appeal to any authority will be possible.

Changes To This Disciplinary Policy

The Club reserves the right to make changes to this policy by negative affirmation. Hence, changes will be submitted to the membership, who will have two weeks in which to submit comments concerning those changes. If no comments are received, the changes will come into effect. If comments are received within the two weeks, The Club, having considered those comments, will then issue a final draft, which will come into effect two weeks later unless five members object in writing to the Secretary. The Club will then need to call an EGM or wait for an AGM to table the changes to the membership.