MSA ANTI DOPING CODE A competitor is ultimately responsible for what they swallow, inject and apply to their body. All competitors need to be proactive in asking questions so they don’t jeopardize their sporting careers. If the competitor cannot be 100% sure of the ingredients or don’t know the status of a substance – DON’T TAKE IT! ARTICLE NO.
Rules for Enforcement of doping controls.
The Provision of Facilities for Dope Testing.
Declaration of currently prescribed and taken medication.
Procedure for collection of samples for testing.
Notice of intention to compact out of competition testing.
Process of Investigation, Hearing + Decision-making.
Recognition & Reporting requirements.
Substances and methods Prohibited at all times both in and out of competition.
Substances and methods Prohibited in competition.
Substances Prohibited in Particular sports.
Observance of Cultural & Religious Practices.
WARNING There are so many Drugs, Vitamins and supplements that are advertised. To improve health and enhance performance available on the South African market from reputable outlets, as a sportsman you have to question each product and analyse the individual components of the products before utilising the product, to ensure that you will not be consuming a substance prohibited by the MSA Anti-Doping Code. Of grave concern is the general availability of major prohibited substances from varied sources, who should not have access to these products. This includes health centres gyms and personal trainers, who are not medically trained to know the pharmacology of these products or how to administer these drugs. Certain of these drugs, like stanazolol, have been withdrawn from the South African market and the consumption of these drugs is therefore Illegal. Provision is made for criminal charges to be brought against persons consuming these drugs. No leniency will be offered by MSA to any motorsport Participant who violates any article contained in the MSA Anti-Doping Code, SAIDS Code or the WADA Code. SANCTIONS AGAINST NATIONAL SPORTS FEDERATIONS Financial and/or other non-financial support from SAIDS and SASCOC may be withheld in whole or in part from National Sports Federations which are not in compliance with, or fail in the implementation of, the SAIDS Anti-Doping Rules. Membership or recognition of National Sports Federations by the SAIDS and SASCOC may be withdrawn or withheld until the National Sports Federation anti-doping rules are in compliance with the SAIDS Anti-Doping Rules and the Code. Decision of SAIDS pursuant to Article 12 of the SAIDS Rules may be appealed as provided for in Article 13.9 (Appeals from Decisions Pursuant to Article 12) of the SAIDS Rules. 1. INTRODUCTION Motorsport SA does not condone or accept the use of any performance enhancing pharmacological substance or method, or the use of any pharmaceutical, chemical or physical manipulation of any bodily specimen or the occasional or recurrent use of recreational drugs by any person involved in motorsport in any capacity. Fundamental Rationale for the Code and the WADA Anti-Doping Rules Anti-doping programs seek to preserve what is intrinsically valuable about sport. This intrinsic value is often referred to as "the spirit of sport"; it is the essence of Olympism; it is how we play true. The spirit of sport is the celebration of the human spirit, body and mind, and is characterised by the following values: • Ethics, fair play and honesty • Health • Excellence in performance • Character and education • Fun and joy • Teamwork • Dedication and commitment • Respect for rules and laws • Respect for self and other participants • Courage • Community and solidarity Doping is fundamentally contrary to the spirit of sport. Scope The rules set out in the Anti-Doping Code of MSA apply without exception to every participant in South African Motorsport in any capacity whatsoever. This includes competitors, service crews, team members, sponsors, manufacturers, trainers, parents and guardians, other family members, medical practitioners, nursing sisters and EMS Personnel. In the event of a discrepancy the SAIDS and WADA rules will apply. APPENDIX 1 - DEFINITIONS Adverse Analytical Finding. A report from a WADA accredited laboratory or other approved Testing entity that identifies a Specimen the presence of a Prohibited Substance or its Metabolites or Markers (including elevated quantities of endogenous substances) or evidence of the Use of a Prohibited Method. Anti-Doping Organisation. A Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process. Attempt. Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti-doping rule violation. Provided, however, there shall be no anti-doping rule violation based solely on an Attempt to commit a violation if the Person renunciates the attempt prior to it being discovered by a third party not involved in the Attempt. CAD: The FIM Anti Doping Code CAS: The Court of Arbitration for Sport CDA: The FIM Disciplinary and Arbitration Code CMI: The FIM International Medical Panel CMC: An MSA Accredited ALS Paramedic CMO: An MSA Accredited Medical Practitioner Code. The World Anti-Doping Code. Competitor: A person who is selected or who voluntarily elects to participate in any discipline of motorsport. Consequences of Anti-Doping Rules Violations: A Competitor's or other Person's violation of an anti-doping rule may result in one or more of the following: (a) Disqualification: means the Competitor's results in a particular Competition or Meeting are invalidated, with all resulting consequences including forfeiture of any medals, points and prizes; (b) Suspension means the Competitor or other Person is barred for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.9; and (c) Provisional Suspension means the Competitor or other Person is barred temporarily from participating in any Competition prior to the final decision at a hearing conducted under Article 8 (Right to a Fair Hearing). FMN: A national entity which is a member of the FIM and recognised as the entity governing the motorcycling sport in that country. Doping Control: The process including test distribution planning, Sample collection and handling, laboratory analysis, results management, hearings and appeals. Doping Control Officer: An official accredited by MSA with knowledge of the Anti-Doping Code who is responsible for supervising the process of selection of competitors for Dope Testing. Doping Control Officials: An official accredited by SAIDS to perform Dope testing in and out of competition. Doping Control Form: The official form of the SAIDS specifying details of the competitors identity and details of the competitors / Officials sample. In-Competition: For purposes of differentiating between In-Competition and Out-of-Competition Testing, unless provided otherwise in the rules of an International Federation or other relevant Anti-Doping Organisation, an In-Competition test is a test where a Competitor is selected for testing in connection with a specific Competition. Independent Observer Program: A team of observers, under the supervision of WADA, who observe the Doping Control process at certain Meetings and report on observations. If WADA is testing In-Competition at a Meeting, the observers shall be supervised by an independent organisation. Intentional Doping: Intentional Doping is doping in any circumstance where it is either definitely established or where it may be reasonably presumed that any competitor, family member, official, coach, trainer, mechanic, sponsor, team member, manufacturer, dealer, medical officer, nursing sister or paramedic working with or training a competitor participating in a practice or competition held under the MSA permit acted knowingly, willingly or under circumstances amounting to gross negligence in allowing the use of a prohibited substance or method. International-Level Competitor: Competitors designated as being within the Registered Testing Pool of WADA. International Standard: A standard adopted by WADA in support of the Code. Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly. MD: The Managing Director of MSA. Major Meeting Organisations: This term refers to the continental associations of African Motorcycle Union, National Olympic Committees and other international multi-sport organisations that function as the ruling body for any continental, regional or other International Meeting. Marker: A compound, group of compounds or biological parameters that indicates the Use of a Prohibited Substance or Prohibited Method. Masking Agent: Any pharmacological or chemical substance or any other procedure which may or has been used for the purpose of, or which might have the effect of chemically or physically altering the integrity or urine or any other sample which might or could be used in doping controls. Meeting. One or more individual Competitions, races, heats, courses conducted together under one ruling body (e.g. FIM, CONU or FMNR) and disciplinary body (International Jury or Race Direction). Metabolite: Any substance produced by a biotransformation process. Minor: A natural Person who has not reached the age of majority as established by the applicable laws of his or her country of residence, who is subject to the identical anti-doping rules as adult competitors. MMT: Motorsport Medical technician Accredited by MSA. National Meeting:. A sport Meeting involving international or national-level Competitors that is not an International Meeting. National Olympic Committee: The organisation recognised by the International Olympic Committee of a particular country. The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti-doping area. No Advance Notice: A Doping Control which takes place with no advance warning to the Competitor and where the Competitor is continuously chaperoned from the moment of notification through Sample provision. No Fault or Negligence: The Competitor establishing that he did not know or suspect, and could not reasonably have known or suspected, even with the exercise of utmost caution, that he had used or been administered the Prohibited Substance or Prohibited Method. No Significant Fault or Negligence: The Competitor's establishing that his or her fault or negligence, when viewed in the totality of the circumstances and taking into account the criteria for No Fault or Negligence, was not significant in relationship to the anti-doping rule violation. Out-of-Competition. A dope test that may be performed at any time and place when the competitor is not involved in practice or competitive racing. Participant: A person is a competitor, coach, team member, mechanic, marshal, medical officer, paramedic, nursing sister, motor manufacturer or dealer or any other individual who is or who has been involved in motorsport or in the organisation, administration or promotion of motorsport. Possession: The actual, physical possession, or the constructive possession (which shall be found only if the person has exclusive control over the Prohibited Substance/Method or the premises in which a Prohibited Substance/Method exists); provided, however, that if the person does not have exclusive control over the Prohibited Substance/Method or the premises in which a Prohibited Substance/Method exists, constructive possession shall only be found if the person knew about the presence of the Prohibited Substance/Method and intended to exercise control over it. Provided, however, there shall be no anti-doping rule violation based solely on possession if, prior to receiving notification of any kind that the Person has committed an anti-doping rule violation, the Person has taken concrete action demonstrating that the Person no longer intends to have Possession and has renounced the Person's previous Possession. Prohibited List: The WADA and SAIDS list identifying the Prohibited Substances and Prohibited Methods. Prohibited Method. Any method so described on the Prohibited List. Prohibited Substance. Any substance so described on the Prohibited List. Provisional Hearing. For purposes of Article 7.5, an expedited abbreviated hearing occurring prior to a hearing under Article 8 (Right to a Fair Hearing) that provides the Competitor with notice and an opportunity to be heard in either written or oral form. Publicly Disclose or Publicly Report: To disseminate or distribute information to the general public or persons beyond those persons entitled to earlier notification in accordance with Article 14 of the WADA Code. Registered Testing Pool: The pool of top level Competitors established separately by each International Federation and National Anti-Doping Organisation who are subject to both In-Competition and Out-of-Competition Testing as part of that International Federation's or Organisation's test distribution plan. Competitor. For purposes of Doping Control, any Person who participates in motorsport sport at the international level or national level (as defined by each National Anti-Doping Organisation) and any additional Person who participates in a motorcycling sport at a lower level if designated by the Person's National Anti-Doping Organisation. For purposes of anti-doping information and education, any Person who participates in motorcycling sport under the authority of any Signatory, government, or other sports organisation accepting the Code. Competitor Support Personnel: Any coach, trainer, manager, agent, team staff, official, medical or paramedical personnel or parents working with or treating Competitors participating in or preparing for meetings. SAIDS: The South African Institute for Drug Free Sport. Sample/Specimen: Any biological material collected for the purposes of Doping Control. Signatories. Those entities signing the Code and agreeing to comply with the Code, including the International Olympic Committee, International Federations, International Paralympic Committee, National Olympic Committees, National Paralympic Committees, Major Meeting Organisations, National Anti-Doping Organisations, and WADA. Tampering: Altering for an improper purpose or in an improper way; bringing improper influence to bear; interfering improperly to alter results or prevent normal procedures from occurring. Target Testing:. Selection of Competitors for Testing where specific Competitors or groups of Competitors are selected on a non-random basis for Testing at a specified time. Testing: The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling and Sample transport to laboratory. TUE (Therapeutic Use Exemption): Therapeutic Use Exemption is an exemption granted to a competitor who is currently taking a prohibited substance. Trafficking: To sell, give, administer, transport, send, deliver or distribute a Prohibited Substance or Prohibited Method to a Competitor either directly or through one or more third parties, but excluding the sale or distribution (by medical personnel or by Persons other than a (Competitor's Support Personnel) of a Prohibited Substance for genuine and legal therapeutic purposes. Doping Violations: A person will have committed a doping offence if: a.
The person tests positive for a prohibited substance on the A sample and does not contest the B Sample or tests positive for a prohibited substance on both the A and B samples
The person has utilised a prohibited method
The person fails or refuses to provide a sample for drug testing or in any way seeks to avoid a drug test, having been requested to do so by an authorised official.
The person obstructs, interferes, undermines or attempts to obstruct, interfere or undermine the conduct of a drug test.
The person fails to notify the medical panel that he/she is taking a prohibited substance, without the required accompanying documentation
The person fails to make themselves available or fails to provide appropriate information for out of competition testing.
Use of a Prohibited Substance: The application, ingestion, injection, inhalation or consumption by any means whatsoever of any prohibited substance. The word use is expanded to include counseling the use of and / or permitting the use of and / or condoning the use of any Prohibited substance or method. WADA: World Anti-Doping Agency. WADA Accredited Laboratory: A laboratory accredited by WADA as qualified to undertake laboratory testing for prohibited substances and methods in accordance with the WADA Anti-Doping Code. 2. DOPING AND DOPING VIOLATIONS Definition Of Doping
The administration or use of any pharmacological substance or Prohibited method that may be actually or potentially damaging to the competitors mental or physical health or which may be capable of enhancing his/her performance.
The presence in the competitors body of a prohibited substance
Evidence of the use of a prohibited substance
Evidence of the use of a prohibited method
ANTI-DOPING RULE VIOLATIONS
The following constitute anti-doping rule violations:
The presence in a competitors bodily sample of a Prohibited Substance or its Metabolites or Markers.
It is each Competitor's personal duty to ensure that no Prohibited Substance enters their body. Competitors are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their bodily Specimens. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the Competitor's part be demonstrated in order to establish an anti-doping rule violation under Article 2.2.1.1.
Excepting those substances for which a quantitative reporting threshold is specifically identified in the Prohibited List of WADA, the detected presence of any quantity of a Prohibited Substance or its Metabolites or Markers in a Competitor's Sample shall constitute an anti-doping rule violation and renders the person liable to sanctions as Defined under Article 18.
As an exception to the general rule of Article 2.2.1, the Prohibited List as published by WADA may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously.
The use or Attempted Use of a Prohibited Substance or a Prohibited Method.
The success or failure of the Use of a Prohibited Substance or Prohibited Method is not material. It is sufficient that the Prohibited Substance or Prohibited Method was used or attempted to be used for an anti-doping rule violation to be committed.
Refusing, or failing without compelling justification, to submit to Sample collection after notification, as authorised in the regulations or otherwise evading Sample collection.
The violation of the applicable requirements regarding competitor availability for out-of-Competition Testing, including failure to provide required whereabouts information.
Tampering or Attempting to tamper with any part of a Doping Control.
Possession of Prohibited Substances and Methods.
Possession by a Competitor at any time or place of a substance that is prohibited For out of Competition Testing or a Prohibited Method unless the Competitor establishes that the possession is pursuant to an exemption that has been granted in accordance with the Provisions regarding Therapeutic use exemptions or another acceptable justification.
Possession by competitor support personnel and others of a Substance that is prohibited in out of Competition Testing or a Prohibited method in connection with a competitor in training, Practice or competition unless the person in question establishes that the Possession is pursuant to an Exemption that has been granted in accordance with the provisions regarding Therapeutic use exemptions or another acceptable justification.
Trafficking in any Prohibited Substance or Prohibited Method.
Administration or Attempted administration of a Prohibited Substance or Prohibited Method to any Competitor, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving a violation of the regulations or any Attempted violation.
3. THE USE OF PROHIBITED SUBSTANCES i.
Any participant competing or officiating at a motorsport event held under the permit of MSA or any of its affiliate organisations, is forbidden to use any Pharmacological product, regardless of the products commercial name, containing substances chemically identical to one of the substances or its related compounds, that are on the list of prohibited substances.
Prohibited List The WADA Prohibited list as well as the SAIDS Prohibited Lists will be the only lists that will be used. WADA may add substances or methods at its discretion to the prohibited list, although that substance is only particularly relevant to a specific sport (e.g. the inclusion of Beta Blockers for shooting). Having all prohibited substances on a single list will avoid confusion in remembering which substances are prohibited in which sports. Individual sports are not permitted to seek exemption of a substance from the basic list of prohibited substances. The premise for instituting this decision is that there are certain basic doping agents, which anyone who wishes to call themselves an athlete/competitor should not take. Warning It cannot be stressed strongly enough to every competitor, official or any person involved in motorsport in any capacity that recommending, proposing, authorising condoning or facilitating the use of any prohibited substance or method covered by the definition of doping and trafficking, as defined in the MSA Anti-Doping Code, is also forbidden and may constitute a criminal offence. STRICT LIABILITY PRINCIPLE An anti-doping violation occurs whenever a prohibited substance is found in a competitor’s bodily specimen (blood, urine etc.) or evidence of the use of a prohibited method is established. The violation occurs whether or not the competitor, official etc. unintentionally used a prohibited substance or was negligent or otherwise at fault. If the positive sample came from an in competition test, then the results of that competition are automatically invalidated. Excepting those substances for which a quantitative reporting threshold is specifically identified in the prohibited list, the detected presence of any quantity of a prohibited substance or its metabolites or markers, in a competitor or official’s bodily sample shall constitute an anti-doping rule violation. The success or failure of the use of a prohibited substance or a prohibited method is non-material, it is sufficient that the prohibited substance or prohibited method was used or attempted to be used for an anti-doping violation to have been committed. A competitor’s out of competition use of a prohibited substance that is not prohibited in out of competition testing would not constitute an anti-doping rule violation. PERSONAL LIABILITY A competitor or official is exclusively responsible for any prohibited substance found to be present in their body. It is not, in any way, required that intent, fault or knowledge on the official or competitors part be shown in order for a doping code violation to be established. Neither is lack of intent or knowledge or fault a defense against a doping code violation.
It is the responsibility of each competitor and official to, at all times, ensure that no prohibited substance is found to be present in their body and that no prohibited methods are used.
A competitor or official is responsible for any prohibited substance found in their body and in any sample provided by them.
This responsibility and obligation is binding on every competitor and participant in every discipline of Motorsport
This includes the use of so called recreational drugs
A participant in Motorsport is defined within the context of the anti-doping code as: 1.
Any Paramedic or ILS or BLS Qualified person
Who is working with, training or treating a competitor participating in or preparing for any event held under
Whether the use of a prohibited substance or method is successful or not is immaterial to the suspected or proven use of the substance or method. It is sufficient that the use of a prohibited substance or method occurred or was attempted for a doping code violation to have occurred. It is the sole responsibility of every person to acquaint themselves with all of the provisions of the MSA anti doping code. It is also each persons sole responsibility to notify other relevant persons, including but not limited to, their medical practitioners of their obligation not to use prohibited substances or methods and to ensure that any medical treatment received by them does not violate any of the regulations of this code. Many of the substances that occur on all anti-doping codes may appear either alone or in combination in medication and supplements which may be available with or without a doctors prescription. Any competitor who has any doubt as to the appropriateness of medication or supplements being administered to him or ingested by him, must seek clarification from his medical practitioner or visit the MSA Website (Anti Doping) as to whether such medication or supplement is prohibited.
RULES FOR ENFORCEMENT OF DOPING CONTROLS Testing Criteria Test distribution planning will be conducted by international and national anti-doping organisations. MSA shall establish a national register testing pool for motorsport competitors in South Africa. The national pool shall include international level competitors. MSA shall plan and conduct both in and out competition testing on its registered competitor pool. Although random selection in competition testing will still be conducted, MSA will:- i.
Initiate unannounced out of competition testing;
Conduct target testing - Competitors in motorsport in South Africa do not have the right to expect that they will be dope tested on a random basis only.
The collection of bodily specimens for the purpose of conducting biochemical tests for both prohibited substances and methods will not be announced and may be carried out at any time or place whenever requested by an authorised official and provided the procedure complies with the published rules. A competitor or official may be selected to provide any number of samples for dope tests in any one calendar year. The decision as to which events will be tested in any calendar year is the responsibility of the Medical Panel, the Managing Director and Manager Administration. The schedule of dope testing will not be published and will be submitted to SAIDS for activation.
The decision as to which classes of a dedicated event are to be tested and the method of selection of competitors is the responsibility of the Jury President or the Chief Steward or the Clerk of the Course. The selected competitor and/or Official will be notified in writing of the intention to perform dope testing, on receipt of the official SAIDS dope testing notification form.
The method of selection of competitors for dope testing may be conducted in any of the following manners:
A minimum of 3 competitors competing in the event will be selected for dope testing.
Selection may be made on a completely Random basis.
Selection may be made on a Pre-Determined final position basis.
Selection may be done on the basis of selecting the winner and two other competitors selected by Ballot.
In the case of any team competition, one representative of the team will be tested and a positive result will exclude the whole team.
Target testing may be performed on the following bases:-
Withdrawal or absence from expected competition.
Sudden major improvement in performance.
Changes in competitors whereabouts information that can indicate a potential increase in the risk of doping, including moving to a remote location.
river re-instatement after a period of ineligibility.
reliable information from a third party.
DOPING CONTROLS BY AN ASN OR FMN Where an ASN or FMN is carrying out doping controls and tests at motorsport events, the ASN. or FMN must adhere strictly to the procedures of International governing bodies (Wada, IOC, FIA., FIM) and this anti-doping code. The process of dope testing will be performed by SAIDS and no other institution. THE PROVISION OF FACILITIES FOR DOPE TESTING The following information is presented as guidelines for a doping control center. As dope testing may occur at a permanent circuit, no more than once a year, it is unrealistic to expect the owners to construct a special dope-testing center. An area within the existing structure should be identified that complies in general with the requirements for a doping control centre. For non-circuit events, where dope testing is scheduled, a venue must be sought. The ideal doping control center should be a constant facility comprising 2 rooms and an adjacent toilet. The 2 rooms will be an office and a waiting area. The office should contain: i.
Certified and sealed sample containers provided by SAIDS.
A lockable refrigerator for the storage of samples
A toilet capable of accommodating 2 people is required immediately adjacent to the office, supplied with
The Waiting Area should be furnished with: i.
An adequate supply of drinks in sealed unopened containers, preferably water
In the instance of international events, organisers should supply a proficient interpreter in the doping control center.
The doping control center is at all times on both practice and race days and at all times on every other day, a restricted area. Access to the doping control center is restricted to:
The Accredited SAIDS Doping Control Official
The selected competitor and one designated accompanying person
An interpreter, if required or requested
The MSA Accredited Doping Control Officer
For international Events a representative of the FIA or FIM if necessary.
DECLARATION OF CURRENTLY PRESCRIBED AND TAKEN MEDICATION All competitors who are currently taking a prohibited substance prescribed by a registered medical practitioner on a short or long term basis, must apply to MSA at the commencement of each calendar year for a Therapeutic Use Exemption (TUE) for the medication that they are taking. Such an application must be accompanied by detailed motivating documentation from the treating specialist. Failure to supply this information annually constitutes non disclosure which, if discovered, could result in the rescinding of the competitors licence or in the event of selection for dope testing could result in the competitor being found to have committed a doping violation. Similar documentation must be made available to the CofC and CMO/CMC of every event the competitor participates in. This requirement is essential in the following conditions:
Where B2 agonist and cortisone inhalers are used for treatment or prevention of asthma or exercise induced asthma cortisone.
Where insulin is administered for the control of insulin dependant diabetes mellitus.
PROCEDURE FOR COLLECTION OF SAMPLES FOR TESTING
This section is included so that every competitor in Motorsport is made aware of the procedure of acquiring the samples for dope testing. The procedure must, on every occasion of dope testing, ensure that no competitor is ever falsely accused of having taken a prohibited substance or employed a prohibited method. A major area of concern is that competitors may not be aware of the composition of products that are supplied to them by coaches, personal trainers, sponsors and dieticians. Should a competitor test positive for a prohibited substance and it can be proved that this positive result occurred following ingestion of a substance supplied by a third party, sanctions will be instituted against the third party and the competitor.
Public identification of all involved individuals and/or
Of concern from a medical viewpoint, is that the biochemical composition of individual competitors is not known, particularly with regard to natural steroid metabolism. Furthermore, the composition and metabolism of many products, particularly in the supplement range, is not known.
Every competitor must understand the reason and the individual steps of the sample collection procedure. Competitors may have no choice in the selection procedure of competitors for dope testing, but they must have an absolutely free choice in selecting sample collection bottles and/or kits that are presented and they must be completely satisfied that the containers holding their personal individual samples have been securely sealed and are absolutely tamper proof.
Minor variations, which cannot reasonably have been expected to have affected the results of otherwise valid tests, shall not be considered to have adversely affected the results of the tests.
The competitor must be notified both verbally and in writing of the intention to conduct dope testing. The written notification must be signed by the Jury President or Chief Steward or CofC and the Doping Control Officer both the date and time of notification must be noted on the doping control form served on the competitor. The competitor must sign the notification form immediately on receiving it and the signed document must be witnessed. The competitor will be informed that they may be accompanied by one other person who may witness all the sequences of the testing procedure except urination. The competitor will be advised in the notification document of the time of the test which will be one (1) Hour following notification, and the consequences of non-arrival at the designated place and time.
A refusal or failure to report for testing or a refusal or failure to provide a sample or in any other way to comply with standard sampling procedures will mean that the competitor has violated the doping code and is consequently subject to the appropriate sanctions.
Should a competitor refuse to provide the sample, the doping control official will inform the competitor both verbally and in writing that, by refusing, the competitor will be subject to sanctions, in accordance with the MSA anti-doping code.
Should the competitor still refuse or fail to provide the required sample, the doping control officer will record this on the official refusal/unavailability form, sign his name and request the competitor to sign his name as well.
The doping control official will note any irregularity in the doping control process.
Should any competitor or official fail to arrive for dope testing after verbal and written notification within one hour of being notified, the failure to report must be recorded and the Jury President, Chief Steward or CofC must be notified in writing. Should a competitor present themselves for testing after the designated time, the collection of the samples may proceed but the fact of the late arrival must be notified to the Jury President, Chief Steward or CofC.
On the Competitors arrival at the designated doping control center, the competitor must provide one of the following identification: 1.
Documentation from a treating, registered medical officer, identifying all medication, both acute and chronic, that the competitor is currently prescribed and taking.
The competitor and one accompanying person with any belongings (bags, clothes, cases etc) that either person may have with them, may be searched for evidence of manipulation, both on entering and leaving the doping control center.
When the competitor notifies the doping control official that he is physically able to provide the required sample, the competitor will be requested to collect a sample-collecting vessel from a selection of clean, unused vessels. The competitor will be given the opportunity to check that the vessel is empty, clean and dry. The competitor will then be requested to supply a specimen. A minimum of 75 (Seventy -Five) milliliters of urine is required.
The collection of the urine sample must be observed and witnessed by the doping control official or their officially appointed deputy if the competitor is of the opposite gender to the doping control official. Under no circumstances may the collection of the urine specimen be photographed, video taped or tape recorded.
To minimise the possibility of manipulation of the urine specimen, the doping control official will instruct the competitor to remove sufficient clothing to provide the doping control official an unobstructed view of the act of urination. The competitor will then be instructed to select two (2) unopened and sealed clean sample bottles from the available selection. One bottle shall be marked "Main Sample A" and another bottle shall be marked "Reserve Sample B".
Prior to the division of the sample provided into the 2 bottles, the Specific Gravity and the pH of the urine must be ascertained for a urine specimen to be valid for further testing and examination. The Specific Gravity (S.G) of the specimen must be 1.010 or higher or (when a refractometer is used the S.G must be 1.005 or higher) and the pH between 5 and 7. Should the sample not meet these requirements, a further specimen is required from the competitor.
Should the first specimen not meet the required Specific Gravity and P H, the samples must still be processed, decanted, sealed and documented according to prescribed procedures. All further samples provided by the competitor will be processed according to the protocol.
In the presence of the competitor and accompanying person, the competitor will divide the total urine sample into the 2 sample bottles selected by the competitor. It is recommended that the main sample, (sample A) should contain at least 45ml of urine and that the reserve sample (sample B) should contain at least 30 ml of urine. Volumes less than 75ml do not invalidate the samples, provided there is sufficient material for the biochemical testing procedure. The competitor, in the presence of the doping control official and the accompanying person, will then seal the 2 bottles containing the urine samples. The competitor must ensure that the code number on each bottle is the same as the number entered on the competitors doping control form by the doping control official.
On completion of the urine collection process, the doping control official will ask the competitor if they have taken any substance, that is, any substance introduced into the body, except food, in the course of the last seven (7) days and particularly in the 48 hours preceding the test. All substances taken or administered in the previous 7 days must be declared to the doping control official and recorded on the competitors doping control form.
It is mandatory that the doping control official completes the official forms, which must indicate the official numbers on the bottles and the competitor must sign the form. Any comments, observations or disagreements the competitor may have regarding all steps in the procedure must be indicated on the appropriate form. If the competitor fails to make any comments and signs the form, the competitor's signature certifies that they accept that the entire procedure has been performed. according to the regulations of the MSA anti-doping code and the procedures of the SAIDS. Should the doping control official have any doubt or suspicion with regard to the veracity of the provision of the urine sample, the doping control official may request a second sample. The first sample must be retained for testing. The second sample will be collected in an identical procedure to the first sample. On completion of the collection of the second sample, all 4 (four) samples will be despatched to the accredited laboratory for testing. The laboratory must be notified, in writing, that all 4 (four) samples are from the same competitor. The identity of the competitor must not be disclosed.
If the initial sample provided by a competitor is of an insufficient volume, the sample must be sealed and secured. When the competitor is again able to provide a sample the second sample will be added to the first sample in two new selected containers until an adequate volume is produced.
The sealed bottles, in a suitable container, will be forwarded to a specific laboratory accredited by WADA, IOC and SAIDS for analysis. The "A" sample will be analysed and the "B" sample retained under secure conditions in the laboratory.
All Samples provided by competitors or officials for the purposes of doping or alcohol control automatically become the property of MSA.
If testing of the "A" sample produces a positive result, the appropriate governing bodies will be notified. This will include MSA, WADA, Sport & Recreation South Africa, the FIM or FIA.
The governing body (MSA) must notify the competitor of the positive result within 10 days of MSA receiving the result. Such notification may be verbal, but must be in writing. On Receipt of this written notification by the
competitor, the competitor has the right to request, in writing, the analysis of the "B" sample. Such request must be made within 7 days of receipt of the notification.
The "B" sample will then be analysed by the same laboratory and the result of analysis of this sample is considered as final. The competitor may personally attend or may be represented at the opening and analysis of the "B" sample, if requested.
On receipt of a request for analysis of the "B" sample by the competitor, in writing, such analysis must be completed within 10 days of the receipt of the request, immaterial of
the presence or absence of the competitor or the competitors designated representative. Unforeseen Circumstances such as the temporatory may delay this procedure without invalidating it.
If the analysis of the A sample is positive for a banned substance and the competitor does not request the analysis of the "B" sample within the specified time limit, the result of the "A" Sample analysis is still accepted as positive and sanctions can be implemented on the presence of a positive "A" sample analysis only.
Should the biochemical analysis of the "B" sample produce a negative result, this result is accepted as final and no sanctions may be implemented and the competitor may be re-instated fully.
Should both "A" and "B" samples provide positive results for prohibited substances or methods, the result is accepted as final and a positive result, and the procedures as required by the MSA Anti-Doping code will be implemented.
Should one sample be destroyed due to unforeseen or malicious circumstances, the result should always be considered a positive result.
Should the "A" sample produce a negative result or should the competitor not request the analysis of the "B" sample within the published allowed period of 7 days, the "B" sample may be destroyed
All laboratory analysis procedures must comply with the procedures documented in appendix D of the IOC anti-doping code and WADA regulations.
OUT OF COMPETITION TESTING
MSA reserves the right to request SAIDS to conduct unannounced doping control tests at any time. Such testing may be conducted at an event, where the competitor may be present but not competing, at a practice session, whether official or unofficial, during training, at home or any other place of temporary residence and in any country or at any time as requested by MSA. Every competitor who holds a current MSA Licence or has been suspended, other than for life, is obliged to undergo such unannounced doping control out of competition testing at any time.
Any individual, competitor, team member, official, medical or paramedical personnel, manufacturer, sponsor or specific ASN or FMN who attempts or successfully prevents, hinders or otherwise obstructs the performance of out of competition testing will be liable for sanctions.
Each FMN and ASN shall keep a register of licensed competitors who are and have been subjected to doping controls. Information contained in such registers must be made available to other FMNs on receipt of a written request. FMNs, ASNs and regional commissions are obliged on written request from MSA, to provide the following information on any official or competitor: 1. Full Name 2. Residential and Work Address 3. Residential and work telephone numbers 4. Cellular and Fax numbers 5. Training and practice locations 6. Any other relevant information to enable out of competition testing to occur.
NOTICE OF INTENTION TO CONDUCT OUT OF COMPETITION TESTING
Out of competition testing will be performed without prior notification to the competitor or official.
Selection for out of competition testing may be made on one of the following bases: 1. Completely random selection 2. Target Testing 3. Selection of a competitor who has previously been sanctioned for a doping offence. 4. At the request of a second FMN or ASN, the FIA or FIM.
On notification of MSA by SAIDS of a date for the proposed out of competition testing, MSA will contact the selected competitor and confirm all relevant details with regard to the competitors physical location. The confirmed information will then be submitted to SAIDS by MSA. Any errors in the information supplied by the competitor, such as misleading information, false information, failure to supply adequate location details, resulting in the doping control official not being able to locate the competitor or failure of the competitor to appear and make themselves available for dope testing, will be considered as a refusal to undergo dope testing and sanctions will be applied accordingly.
OUT OF COMPETITION DOPING SCREEN It is conventional that a partial doping screen is performed in OUT of competition testing. MSA Reserves the right to request either a partial or a full doping screen as deemed necessary and appropriate. SAMPLE COLLECTION
On arrival of the doping control official at the location of the official or the competitor, the doping control official/s must provide both written proof of their identity and their letter of appointment from SAIDS. The official or competitor must equally provide proof of identity as already documented previously in this code.
The procedure for collection of the urine sample is identical to the procedure already documented in articles 10 and 111. When a doping control official arrives unannounced, the official or competitor must be allowed a reasonable period of time to complete any reasonable activity in which the competitor is engaged at that time, but testing must commence as soon as possible. Never the less, should the testing process cause an interruption in a specific activity of an official or competitor, the official or competitor may take no action to gain compensation for any inconvenience or expense incurred.
SUSPENSION AND RETIREMENT
When a competitor or official has been suspended, other than for life, and wishes to resume competition after his period of suspension has expired, the competitor or official must make themselves available for out of competition testing during the period of suspension. If an official or competitor commits a doping offence during the period of their suspension the matter shall be treated as a separate offence. A person who retires as a competitor or official shall notify MSA of such retirement in writing. For a period of 12 months following written notification of retirement, an official or competitor remains eligible to be dope tested, according to the out of competition testing code.
ACCREDITED LABORATORIES
Only those laboratories accredited by WADA are qualified to undertake the detection of the presence of prohibited substances and the use of prohibited methods. Any sample submitted to any other laboratory has no legality whatsoever. An accredited laboratory shall be required to produce, on demand, evidence of its accreditation documentation, valid at the time of conducting the tests.
The procedure for accreditation of laboratories is included in the IOC anti-doping Code. WADA accredited laboratories are required to summarise their testing activities and statistics on a quarterly basis. Reports on samples found to contain prohibited substances and/or excessive amounts of endogenous substances must be submitted to: 1. International Governing Bodies 2. Continental Governing Bodies 3. National Governing Bodies 4. The IOC medical director, Lausanne, Switzerland.
The report is required to contain the following information: 1. The responsible authority – FIM, FIA, CONU FMN ASN 2. The date and place of sampling 3. Prohibited substance identified 4. Code Number 5. In or out of competition 6. Name of Event
The S.A. Laboratory (The South African Laboratory is the Department of Pharmacology at the University of the Orange Free State)
THE COST OF DOPE TESTING
The costs of conducting the analysis of the "A" sample are the responsibility of MSA. A competitor who requests analysis of their "B" sample is personally responsible for the costs of the analysis of the sample, if the test proves positive. If the test produces a negative result, the cost of conducting the analysis is the responsibility of MSA.
SANCTIONS FOR DOPING CODE VIOLATIONS
Disqualification of Results in event during which the Doping Code Violation-heading occurred. A violation of the
regulations occurring during or in connection with an event may, upon the decision of the ruling body of the
event, lead to disqualification with all the resulting consequences, including forfeiture of all trophies, points and
prizes except as provided for in Article 18.2.
If the competitor establishes that they bear no fault or negligence for the violation, the competitors result in the other competitions shall not be disqualified, unless the competitor’s results in events other than the event in which the Anti-Doping Rule occurred were likely to have been affected by that violation.
Suspension imposed for the use of Prohibited Substances and Methods.
Except for the specified substances identified in the period of suspension to be imposed for a violation of
Articles 2.2.1 (presence of prohibited substances or its Metabolytes or markers).
Article 2.2.2 (Use or Attempted Use of Prohibited Substance or a Prohibited Method).
Article 2.2.6 (Possession of Prohibited Substances or Methods) The Sanction will be: First violation: Suspension for 2 years. Second violation: Lifetime Suspension. However, the Competitor or other Person shall be offered the opportunity in each case, before a period of Suspension is imposed, to establish the basis for eliminating or reducing this sanction.
Specified Substances: The Prohibited List as published by WADA may identify specified substances which are particularly susceptible to unintentional violations of the Anti-Doping regulations because of their general availability in medicinal products or which are less likely to be used as doping agents. Where a competitor can establish that the use of such a specified substance was not intended to enhance sport performance, the period of Suspension indicated in Article 18.2 shall be replaced with the following: First violation: At a minimum, a warning, and a reprimand and no period of Suspension for future events at a maximum (2) years suspension, depending on the prohibited substance or method. Second violation: Two (2) years' Suspension. Third violation: Lifetime Suspension. However, the Competitor or other Person shall have the opportunity in each case, before a period of Suspension is imposed, to establish the basis for eliminating or reducing (in the case of a second or third violation) the sanction.
Suspension for Other Anti-Doping Rule Violations. The period of Suspension for other Anti-Doping Rule shall be:
Refusing or failing to submit to Sample collection.
Article 2.2.5 Tampering with Doping Control,
First violation: 2 years suspension Second violation: Lifetime Suspension.
18.10.2 Article 2.2.8 administration of Prohibited Substance or Prohibited Method. The period of Suspension shall be a
minimum of four (4) years and a maximum of lifetime Suspension.
violation of the regulations involving a Minor shall be considered to be a particularly serious violation, and, if committed by Competitor Support Personnel for violations other than for specified substances as described in Article 18.3, shall result in lifetime Suspension for Competitor Support Personnel. In addition, violations of such Articles which also violate non-sporting laws and regulations, may be reported to the competent administrative, professional or judicial authorities.
For violations of Article 2.2.4 (Whereabouts Violations or Missed Tests), the period of Suspension shall be a minimum Three (3) months and a maximum Two (2) years' Suspension.
Elimination or Reduction of Period of Suspension Based on Exceptional circumstances.
No fault or negligence: If the Competitor establishes in an individual case involving an anti-doping rule violation under Article 2.2.1 the presence of a Prohibited Substance, its Metabolites or Markers or Article 2.2.2 the use of a prohibited substance or method that they bear no Fault or Negligence for the violation, the otherwise applicable period of Suspension shall be eliminated.
When a Prohibited Substance or its Metabolites and markers is detected in a Competitors bodily sample in violation of Article 2.2.1 the (presence of a Prohibited Substance or its metabolites or markers). The Competitor must establish how the Prohibited Substance entered their system in order to have the period of Suspension eliminated.
In the event this Article is applied and the period of Suspension otherwise applicable is eliminated, the anti-doping rule violation shall not be considered a violation for the limited purpose of determining the period of Suspension for multiple violations
This Article only applies to anti-doping rule violations involving or Article 2.21 (the presence of Prohibited
Substance or its Metabolites or markers).
Use of a Prohibited Substance or Prohibited Method (Article 2.2.2), failing to submit to Sample collection (Article 2.3), or administration of a Prohibited Substance or Prohibited Method (Article 2.8.) is also covered by this statute.
If a Competitor can establish in individual cases involving the above Articles violations that they bears No Significant Fault or Negligence, then the period of Suspension may be reduced, but the reduced period of Suspension may not be less than one-half of the minimum period otherwise applicable. If the otherwise applicable period Suspension is a lifetime, the reduced suspension period may be no less than 8 years. In respect to Article 2.2.1, the competitor must also establish how the Prohibited Substance entered their system to have the Suspension period reduced.
Rules for violation with potential multiple consequences
For purposes of imposing sanctions under Article 18.2, 18.3 and 18.4, a second anti-doping rule violation may be considered for the purpose of imposing sanctions only if MSA can establish that the Competitor or other Person committed the second anti-doping rule violation after the Competitor or other Person received notice, or after MSA had made a reasonable attempt to give notice, of the first anti-doping rule violation; if MSA cannot establish this, both violations shall be considered as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction.
Where a Competitor, based on the same Doping Control, is found to have committed an anti-doping rule violation involving both a specified substance and another Prohibited Substance and Method, the Competitor shall be considered to have committed a single anti-doping rule violation, and the sanction imposed shall be based on the Prohibited Substance or Method that carries the more severe sanction.
Where a Competitor is found to have committed two separate anti-doping rule violations, one involving a specified substance governed by the sanctions set forth in Article 18.3 (specified substances) and the other involving a Prohibited Substance or Prohibited Method governed by the sanctions set out in Article 18.2 or a violation governed by the sanctions in Article 18.4.1, the period of Suspension imposed for the second violation shall be at a minimum two years’ Suspension and at a maximum three years’ Suspension. Any Competitor found to have committed a third anti-doping rule violation involving any combination of specified substances under Article 18.3 and any other anti-doping rule violation under Article 18.2 or 18.4.1 shall receive a sanction of lifetime Suspension.
Disqualificationof Results obtained in competitionsubsequent toSample Collection. In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 18.1 (Automatic Disqualification of Individual Results), all other competitive results obtained from the date a positive Sample collection whether In-Competition or out of competition, or other doping violation occurred, through the commencement of any Provisional or actual suspension period, shall, unless fairness demand otherwise, be Disqualified with all of the resulting consequences including forfeiture of any trophies, points and prizes. Commencement of Suspension Period. The period of Suspension shall start on the date set out in the decision handed down by the MSA Judicial committee. Any period of Provisional Suspension shall be credited against the total period of Suspension to be served in the interest of fairness. In the event of delays in the hearing process or other aspects of Doping Control not attributable to the Competitor, MSA may commence the period of Suspension at an earlier date commencing as early as the date of Sample collection. Status during Suspension. A Person who has been declared suspended may not participate in any motorsport competition or activity during the period of suspension, other than authorised anti-doping education or rehabilitation programs. Reinstatement Testing.
As a condition to regaining eligibility at the end of a specified period of suspension, a competitor must make themselves available for out of competition testing during the period of Provisional Suspension and suspension and must, if required provide current and accurate whereabouts information.
If a Competitor who is subject to a period of Suspension retires from motorsport and later seeks reinstatement, the Competitor shall not be eligible for reinstatement until the competitor has notified MSA and has been subjected to an
out of competition test for a period of time equal to the period of suspension remaining at the time the Competitor retired from motorsport.
PROCESS OF INVESTIGATION, HEARING AND DECISION MAKING Where MSA undertakes an investigation into an alleged doping violation, which the provision of a urine sample, the following procedures shall apply:
The investigation must take place as soon as MSA Receives notification of the alleged offence from SAIDS.
MSA must determine whether a doping offence may have been committed or not.
Where it is determined that there are no grounds to conclude that a doping offence has been committed, no further action will be taken and the suspension in force shall be automatically withdrawn.
Where it is determined that a doping offence may have occurred, the matter shall be referred to a Judicial Committee Refer Article 21.
20. HEARING PROCEDURES THE RIGHT TO A FAIR HEARING
The Hearing process shall address whether an Anti-Doping violation has been committed and, if so, the appropriate consequences. The hearing must respect the following principles:
The right of the competitor to be timeously and fairly informed of the declared anti-doping code violation.
The right to respond to the declared anti-doping code violation and related consequences;
The right of each party to present evidence, including the right to call and question witnesses.
The right of the competitor to an interpreter.
A reasoned, written and timely decision.
Where analysis of a competitors urine samples disclose the presence of a prohibited substance or method, the competitor shall be notified and informed that he is entitled to a hearing before a judicial committee.
If the competitor does not request a hearing within 14 days of notification of his entitlement to a hearing, the competitor shall be deemed to have waived his right to a hearing and shall be deemed to have accepted that he has committed a doping offence. The competitor shall then be subject to the prescribed sanctions.
Should the competitor or official request a hearing and the matter is referred to a judicial committee, the official or competitor concerned shall:
Be notified that the matter has been referred to a judicial committee
Be provided with relevant reports and documents related to the doping offence, including the laboratory reports.
Be requested, together with any legal representative he may wish to appoint, to attend a hearing, before the judicial committee to present relevant material and submissions. This hearing should be held without unnecessary delay.
COMPOSITION OF JUDICIAL COMMITTEE An MSA judicial committee shall be appointed by the MD of MSA or the MD’s nominee in consultation with the legal advisor of MSA and the MSA Medical Panel.
The judicial committee shall comprise of 3 (three) members which shall be:
A judge or retired judge of the high court or of any court of the same status or;
A person who for an uninterrupted period of at least seven years has practiced as an advocate or attorney or occupied the post of magistrate or lecturer in law, even though such person may be retired and is still qualified.
Who has been admitted to practice as an advocate under the admission of Advocates Act, Act No 67 of 1964 or;
Who has been admitted to practice under the Attorneys Act, Act no 53 of 1979 or;
Has been appointed as a magistrate under the Magistrates Court act, Act No 32 of 1944;
An eminent medical practitioner with knowledge of doping in sport and the various anti-doping codes.
Either a second person from the legal profession as outlined in article above or an MSA appointee with relevant knowledge and expertise.
The chairman of the Judicial Committee shall be the most senior legally qualified person appointed to the Judicial Committee.
The hearing before the MSA Judicial Committee shall be held without unnecessary delay.
Should an appointed member of the MSA judicial committee be unable or is unwilling for whatever stated reasons, to hear the case, then the MD may:
Allow the remaining members of the Judicial Committee to hear the case
The Judicial Committee shall be entitled to call on experts to provide specialist advice, including legal advice.
The WADA accredited laboratories are presumed to have conducted testing and custodial procedures in accordance with prevailing and acceptable standards of scientific practice. The presumption may be challenged if there is convincing evidence to the contrary but the IOC accredited laboratory is not obliged, in the first instance, to show that it conducted all procedures other than in accordance with its customary practice.
The presence of a prohibited substance in the urine or evidence that a prohibited method has been used indicates that a doping violation has been committed. The judicial Committee will have to satisfy themselves whether a motivating or mitigating circumstance is present.
The decision reached by the Judicial Committee shall be advised to all parties as soon as it is practical, after the conclusion of the hearing. if it is considered appropriate by all the members of the Judicial Committee, the Chairman may deliver a short verbal finding at the conclusion of the hearing, or it may reserve its decision. A full, written document which contains the decision of the Judicial Committee must be submitted to MSA As soon as possible after the hearing. MSA will disseminate the document to all concerned parties. The decision shall be binding on MSA official notification of the concerned person.
In the event that the Judicial Committee determines that a doping violation has been committed, the Judicial Committee that heard the evidence shall impose sanctions on the person concerned, in accordance with the articles which makes provision for sanctions in the MSA Anti-Doping Code.
The costs incurred by the proceedings before a judicial committee investigating a suspected doping violation are the responsibility of the accused official or competitor. Such costs will include all Legal costs and all travel and accommodation costs of the party and all associates.
A Judicial Committee dealing with a doping offence, may, at its discretion, make an award of costs against the official or competitor etc. in respect of costs incurred by the Judicial Committee or other costs incurred in either the investigation or proceedings when a sanction is imposed on the official or competitor, etc by the judicial committee.
Notwithstanding the provisions of articles 21.9 & 21.10 as documented above the Judicial Committee retains absolute discretion in relation to the awarding of costs associated with the case and may make such order as to costs as the committee sees fit.
Each Judicial Committee has the power to regulate its own procedures in each case. A judicial committee shall conform generally with the following procedural guidelines:
21.12.1 On the appointment of the Judicial Committee, the Admin Manager of MSA shall notify the official or competitor etc of
the date, time and place of the hearing at which the proceeding against the official, competitor etc will be heard. The competitor, official etc will be informed that they are required to attend the hearing.
21.12.2 An official, competitor etc, who is alleged to have committed a doping violation is entitled to be represented by an
official of his club or sporting commission, or by legal counsel. If required, an independent interpreter may be appointed by the Judicial Committee.
21.12.3 The Judicial Committee has the power to postpone or adjourn the proceeding of a hearing. 21.12.4 The Judicial Committee is entitled to receive such evidence as it deems fit, including evidence in writing, not
withstanding that the evidence may not be legally admissible and are entitled to attach such weight to that evidence as the committee deems necessary.
21.12.5 Generally, the Judicial Committee shall apply the best evidence rule, meaning that first hand accounts from persons
present at the hearing with regard to their observations and knowledge of the alleged doping offence, should be preferred. Caution will be exercised before hearsay evidence is accepted. Judicial Committees must not permit the introduction of opinion evidence other than expert opinion evidence. Expert evidence can be permitted when the evidence submitted falls outside the every day knowledge of the members of the Judicial Committee.
21.12.6 The Judicial Committee will determine whether witnesses that have given evidence may remain in the room in which
21.12.7 The Judicial Committee shall endeavor to ensure that the proceedings are not conducted in the absence of the
official, competitor etc who is the subject of the hearing. However, the nonattendance of the official, competitor etc or their representative after they have been provided with written notification of the hearing, will not prevent the Judicial Committee from proceeding with the hearing in their absence and in arriving at a decision. However, any written statements submitted by the official competitor etc or their representatives, will be taken into consideration.
21.12.8 The procedures of the Judicial Committee at the hearing, unless otherwise stated, will be as follows:
21.12.8.1 The chairman will explain the procedure to be followed; 21.12.8.2 The complaint will be read to the person who is alleged to have committed a doping offence and,
where applicable, evidence will be presented by a representative of MSA.
Evidence will be heard from the person, if they elect to give evidence or from the persons representative.
At any hearing of a Judicial Committee, the committee will not be bound by Judicial rules governing the procedure of the admissibility of evidence, provided that the hearing is conducted in a fair manner with a reasonable opportunity for the person who is alleged to have committed a doping violation to submit evidence, address the Judicial Committee and present their case
21.12.9 The following procedures will be followed in all hearings:
21.12.9.1 The hearing shall be held in private 21.12.9.2 Decisions will be made by simple majority 21.12.9.3 The Judicial Committees deliberations on its decision shall take place in private
21.12.10 Where an official, competitor etc is found to have committed a doping violation by a Judicial Committee, the person
shall be advised by the Judicial Committee of their right to appeal to an Appeal Committee
21.12.11 Any deviation or deviations from the procedures set out in these guidelines shall not invalidate the finding or decision
of the Judicial Committee unless it was of such nature as to cast real doubt on the reliability of the finding and decision
MULTIPLE DOPING OFFENCES
Should an official, competitor etc in motorsport be found to have committed a doping offence and it is known or discovered that the person is currently or has previously been sanctioned for a doping offence in a different discipline of sport, the motorsport doping offence will be considered as a repeat offence and the prescribed sanctions for a repeat offence will be imposed. The converse of this situation will attract the same response.
THE CONDITIONS FOR RE-INSTATEMENT FOLLOWING SUSPENSION WILL INCLUDE, BUT ARE NOT LIMITED TO:
The person being required to submit up to a maximum of 3 (three) negative urine tests for all prohibited substances during the period of the suspension at the person's cost. The timing of the individual tests will be decided by MSA and will be unannounced.
Seeking medical evaluation during the period of suspension
Making Re-Instatement subject to the review and approval of the person's medical condition by an appropriate body.
Any official, competitor etc. who has been found to have committed a doping code violation by a Judicial Committee is entitled to appeal against the finding and/or sanctions imposed by the Judicial Committee. Until the Appeal Committee has reached its decision, the official, competitor etc. is prohibited from involvement in motorsport in any capacity.
From the date of the decision of the Judicial Committee, the offending official, competitor etc has 14 (Fourteen) days in which to appeal. The signed notice of appeal must be submitted to the MD of MSA within 14 (fourteen) days and must specify:
The date of the decision appealed against
Each notice of Appeal shall be accompanied by a deposit of R15000.00 cash.
In the event of the required deposit not being paid, the appeal shall be deemed to have been abandoned. The Appeal Committee does not have the power to extend the time for payment of the deposit.
MSA shall, on receipt of the notice to appeal, have the recording of the Judicial Committee proceedings transcribed 6 fold, at the cost of the appellant. MSA shall make 1 (one) copy of the record of the proceedings, including all papers produced at the hearing, available to the appellant.
The appellant shall file the grounds of the appeal with the MD of MSA at the MSA offices, within 48 hrs of receipt of the record of proceedings, failing which the appeal shall lapse.
The Appeal Committee shall be appointed in the identical manner to the appointment of the Judicial Committee, except that an advocate, attorney, magistrate or lecturer in law should have practiced for an uninterrupted period of 10 (ten) and not 7 (seven) years.
If a member of the Appeal Committee is unwilling or unable for whatever specific reason, to hear the appeal, MSA may totally at its own discretion:
Allow the remaining 2 (two) members of the Appeal Committee to hear the appeal.
The Appeal Committee shall determine the basis on which any appeal will proceed. At its discretion, the Appeal Committee may rehear the whole or any part of the evidence given before the Judicial Committee, as it considers appropriate.
Should a question of fact arise on an appeal before an Appeal Committee, the circumstances of the fact may be determined by reference to the record of proceedings before the Judicial Committee.
The Appeal Committee, at its discretion, may rehear or receive in respect of the whole or any part of the evidence given before the Judicial Committee, as it considers appropriate.
An Appeal Committee is entitled to call on experts to provide specialist advice, including legal advice
The Appeal Committee has full discretionary powers to hear and receive such further evidence as the Appeal Committee deems fit, provided it is established by the appellant that such evidence, on reasonable enquiry, was available at the time of the original hearing.
In any hearing before an Appeal Committee where a witness, required by the Appeal Committee, refuses or fails to attend the hearing, the Appeal Committee must decide whether or not to allow the evidence of that witness to be given in another form.
Unless the Appeal Committee decides to hear the whole case de novo, the appellant shall have the burden of proving that the decision being challenged, should be overturned or altered.
The decision reached by the Appeal Committee shall be advised to the parties as soon as it is practicable after the conclusion of the hearing. When it is considered appropriate, the Appeal Committee may deliver a short verbal decision at the conclusion of the hearing, with its reasons for the decision to be documented in writing and communicated to the parties at a later date, or the Appeal Committee may reserve its decision. The decision reached by the Appeal Committee shall be final and binding on notification of the official, competitor etc.
N.B: An appellants costs associated with any proceedings before the Appeal Committee shall be borne by the appellant. The Appeal Committee retains the full discretion to determine the costs of Appeal Committee proceedings and may order any party or parties to pay some or all of the costs of proceeding under these regulations, including the cost of holding the hearings, the cost of interpreters, the Legal, travel and accommodation costs of the members of the Appeal Committee and/or other parties.
In exercising its powers of Jurisdiction, the Appeal Committee has the power to Quash, Suspend, Vary or Increase the sanction appealed against, subject to the mandatory nature of the penalties provided by the MSA anti-doping code.
The Appeal Committee shall have the power to conduct and regulate the appeal proceedings as the committee sees fit, having regard to the circumstances of the case. Although the Appeal Committee is entitled to regulate its own procedure, it shall, generally, conform to the procedures stated in these regulations and with the procedural guidelines set out below which are:
24.19.1 The Appeal Committee shall, as a preliminary matter determine both its pre-hearing and hearing procedures 24.19.2 The Appeal Committee shall be entitled to conduct a new hearing or hear the appeal based on the record of the
The Chairman of the Appeal Committee may, at his own discretion, deal with Pre-Hearing procedural and/or evidential matters which may be applicable to the hearing without reference to the other 2 members of the Appeal Committee and may, at his discretion, convene a Pre-Hearing conference for the purpose of giving direction for the hearing and clarifying procedures.
When an appellant appeals against the sanction and/or order of costs only, the appellant may request that the Appeal Committee review the sanction without the need for a personal hearing. The Appeal Committee may determine that a personal hearing is not required in relation to any appeal but if the appellant so wishes, the
appellant always has the right to appear and make representations in all cases or alternatively he may make representations telephonically or in writing.
The appellant may be represented before the Appeal Committee by legal counsel or a member of his club or commission. An independent interpreter may be present if required.
The failure of the appellant or their legal counsel or any other representative to attend an Appeal Committee hearing shall not prevent the Appeal Committee from proceeding with the hearing and making such decision as it deems appropriate
The Appeal Committee has the power to postpone or adjourn proceedings The conduct of the hearing by the Appeal Committee shall be as follows:
The chairman will explain the procedure to be followed; Evidence will be submitted by the appellant and by any witnesses to be called by the appellant Where applicable, evidence from MSA will be submitted Final submissions
The Appeal Committee shall reach its decisions by simple majority
The Appeal Committee hearing and its deliberations shall be in private
Any deviation or deviations from the procedures set out in these guidelines, shall not invalidate any finding or decision of the Appeal Committee unless it was such as to cast real doubt on the reliability of such finding or decision.
RECOGNITION AND REPORTING REQUIREMENTS
When MSA has unequivocally determined that a doping violation has been committed, every official, competitor, sponsor, manufacturer, team and family member, organiser, promoter and medical, paramedic and nursing personnel shall recognise the doping violation and the sanction imposed and shall take all necessary action to ensure the effectiveness of the decision.
All statutory bodies with which MSA is associated will be notified in writing and within 14 days of the final and binding decision of the appeal court. International motorsport governing bodies are required to disseminate the findings to their affiliates. All findings will be posted on the MSA Website within 14 days of the final and binding decision of the appeal court.
GENERAL MSA shall, on behalf of its clubs, regions and commissions, recognise the results of dope testing carried out by a sporting body other than itself, provided that MSA is satisfied that the dope testing was conducted by SAIDS and that the sporting body concerned has an appropriate anti-doping code. To avoid any doubt, the burden is on the competitor who is subject to a suspension imposed under the rules of another sporting body to prove that they should be entitled to participate in motorsport on the grounds that the suspension they have received, was improperly imposed. ADMISSIONS Should an official, competitor etc choose, for the purpose of dispensing with the disciplinary process or for any other reason, to admit that they have committed a doping violation, at any time, including an admission to a doping official, which is not the subject of a urine sample, such admission must be submitted in writing. Any person who makes such an admission shall be subject to the sanctions prescribed for that doping offence, without any necessity of completing the other aspects of the disciplinary process. UNFORESEEN CIRCUMSTANCES In the event that a doping related incident occurs, for which there is no provision in these regulations, the MD of MSA or the appointed deputy may take such action that is considered appropriate in the circumstances, in accordance with the general principles of natural justice and fairness. TRAFFICKING The trafficking of drugs, and particularly prohibited substances, is considered in an identically serious light as the actual act of doping and is subject to specific sanctions, which include:
In the event of an individual being found guilty of trafficking in prohibited substances, the penalty that shall be imposed will be suspension for life from participation in any sports organisation, (body activity) or event in any capacity whatsoever.
In addition to the above sanction, both the offence and the perpetrator of the offence shall be reported to the relevant professional body and SAIDS by MSA.
Any attempt to carry out trafficking, whether successful or not, shall be penalised in the identical manner to performance of the act itself.
The inclusion of any current or new substance on to the list of prohibited substances or methods outlined in this anti-
For any person found guilty of trafficking, ignorance of the nature or composition of a prohibited substance or the nature of the effects of the substances does not constitute mitigating circumstances for exemption from punishment.
CHILDREN IN MOTORSPORT Competitors in all disciplines of motorsport, who are under the age of 18 years and compete in regional and national motorsport events, are subject to the identical anti-doping regulations as adult competitors in motorsport. This means that they are liable to be selected for dope testing and, should the sample on biochemical testing produce a positive result, they would be liable for the same range of sanctions. Should the parents or legal guardian of an under age competitor refuse to allow the child to undergo any test identified in this code, the parents or legal guardian must be aware that this decision and action contravenes the anti-doping code and invites approved sanctions Children who are prescribed the medication listed below are required to apply for a TUE. Asthma preparations in inhaler form only. Tropic hormones Decongestant agents
Beta blockers Certain Stimulants Parents and legal guardians of children competing in motorsport must be aware that MSA considers nondisclosure of current or previous medical conditions and, particularly, chronic medication ingestion in a very serious light.
ALCOHOL MSA does not condone the ingestion of alcohol by competitors or officials either immediately before or during any motorsport event. Alcohol is not permitted in any officially designated alcohol free area of a motorsport venue either during practice or competition. This includes spectators. An alcohol control officer will be nominated for all events, by MSA. The officer may be nominated before the event or in the case of endurance or similar lengthy events, at any time during the event. The functions of the alcohol control officer are: To ensure that no alcohol is present in any designated alcohol free area. To conduct alcohol tests on selected officials and competitors through the utilisation of a standard breath test system. An alcohol test is deemed to be positive if the breath test system device indicates the presence of alcohol, immaterial of the level measured. Competitors and officials may be selected for alcohol testing by random ballot or on suspicion of a misdemeanor by the Jury President, Chief Steward or Clerk of the Course. Selected competitors must be notified in writing. A positive alcohol test or the refusal of a competitor or official to undergo a test or the failure of a competitor or official to attend a scheduled alcohol test when notified to do so, will result in the official or competitor being excluded from the event. A competitor who tests positive for alcohol on more than one occasion will be sanctioned, the second offence will result in suspension for three months from all competition and a third and subsequence offence shall result in suspension from all competition for a period of one year. Alcohol testing will be conducted based on the WADA Guidelines. In the event of any dispute or enquiry refer to the WADA Guidelines for Breath Alcohol Collection which is available on the MSA Websitor from the MSA Admin. Manager. THE WADA PROHIBITED LIST
Substances and Methods Prohibited at all times both in and out of competition.
Prohibited Substances
32.1.1.1 Group S1 Anabolic Agents are Prohibited
All anabolic Agents are prohibited
32.1.1.2 Anabolic Androgenic Steroids (AAS)
The group of exogenous AAS includes: Bolasterone, Boldenone, Boldione, Calusterone, Clostebol, Danazol, Dehydrochloromethyltestosterone, Delta 1 Andrestene 3-17 dione, Delta 1 Androstenediol, Delta 1 Dhydrotestosterone, Drostanolone, Ethylestrenol, Fluoxymesterone, Formebolone, Furazabol, Gestrinone, 4 Hydroxy testosterone, 4 Hydroxy 19 Mortestosterone, Mestanolone, Mesterolone, Metenolone, Methandienone, Methandriol, Methyldienone, Methyltrienolone, Methyltestosterone, Mibolerone, Nandrolone, 19 Norbolethone, Norclostebol, Norethandrolone, Oxabolone, Oxandrolone, Oxymesterone, Oxymetholone, Quinbolone, Stanazolol, Stenbolone, Tetrahydrogestinone, Trenbolone and other Substances with a similar chemical structure or similar Biological effects. Certain of the products included above and their Metabolytes and Markers occur naturally in the body. Where one of the Prohibited Substances or its Metabolytes and markers mentioned above is capable of being produced by the body naturally, a sample will be deemed to contain such Prohibited Substance where the concentration of the Prohibited Substance or its Metabolytes or Markers and/or any other relevant Ratios in the competitors sample so deviates from the normal human range that it is unlikely to be consistent with normal endogenous Production. If a competitor can prove that the concentration of the Prohibited Substance of its Metabolytes and Markers can be attributed to a Physiological or Pathological Condition, the sample shall not be deemed to contain a Prohibited Substance. The Laboratory will report an adverse analytical finding if, based on any reliable and acceptable method, it can show that the Prohibited Substance is of exogenous origin. If the Laboratory result is not conclusive and no concentration as previously mentioned can be found, The Anti-Doping organisation shall conduct further investigations. If the Laboratory reports a T/E Ratio greater than 4.1 in urine, further investigation is obligatory to determine whether this is a result of a Pathological or Physiological condition, unless the substance is of exogenous origin. The investigation will include review of previous or subsequent results. If previous results are not available, the competitor shall be subjected to unannounced testing on at least 3 occasions within a 3 month period.
Other anabolic agents include but are not limited to Clenbuterol, Zeranol, Zildaterol.
32.1.1.3 Group S2 Hormones and related substances.
The following Substances, also including their releasing, factors are Prohibited:
Growth Hormone (HGH) and insulin like growth factor (igf-1)
All of these Substances occur naturally in the body. Unless the competitor can prove that the abnormal result can be related to an underlying Physiological or Pathological condition. The concentration of the Prohibited Substances or its Metabolytes and Markers or the Ratios must so exceed values normally found in humans that it would be unlikely to be consisted with normal endogenous production.
The presence of other substances with a similar chemical structure or similar Biological effect, Diagnostic Markers or releasing factors of a Hormone listed above or of any other finding which indicates that the substance detected is of exogenous origin, will be reported as an adverse analytical finding.
All Beta 2 agonists are prohibited. As an exception, Formoterol (Foradil, oxis) Salbutamol (Airomir, Asthavent, Combivent, Salbulin, Venteze, Ventimax, Ventolin, Vormax.) Salmeterol (Serevent) and Terbutaline (Bricanyl), When administered by inhalation only to prevent and/or treat asthma and exercise induced asthma require the completion of an abbreviated TUE application. Despite the granting of a TUE, when the Laboratory reports a concentration of Salbutamol (Free and Glucuronide) greater that 1000 ngms/ml. This will be considered as an adverse analytical finding unless the competitor proves that the abnormal result was the consequence of the Therapeutic use of inhaled Salbutamol.
32.1.1.5 Group S4 - Agents with Anti-Oestrogenic Activity:
The following classes of Anti-Oestrgenic substances are prohibited in both males and females. 1.
Aromatase inhibitors including but not limited to Anastrozole, Letrozole, Aminogluthetimide, Exemestane,
Selective oestrogen receptor modulators (SERMS) including but not Limited to Raloxifene, Tamoxifen,
Other Anti-Oestrogenetic substances including but not limited to Clomidhene, Cyclofenil, and Fulvestrant.
32.1.1.6 Group S5 - Diuretics and other masking agents.
Masking agents include but are not limited to:
All diuretics, Epitestosterone, Probenecid, Alpha. Reductase inhibitors (e.g Finasteride, Dutasteride) plasma expanders (including albumin, dextran, Hydroxy ethyl starch). Duretics include Acetazolamide, Amiloride, Bumetanide, Canrenone, Chlorthalidone, Etacrynic acid, Furosemide, Indapamide, Metolazone, Spirorolactone, Thiazides including Bendroflume-thiaze, Chlorothiazide, Hydrochlorothiazide, Triamterene or other substances with a similar structure or similar Biological effects.
SAIDS will not issue a TUE for a Diuretic. Prohibited Methods
32.1.2.1 Group M1 - Enhancement of oxygen transfer:
Blood Doping Blood Doping is the use of autologous, Homologous or Heterologous Blood or red Blood cell products of any origin other that for legitimate medical treatment.
Artificially enhancing the uptake, Transport or delivery of oxygen. This will include but is not limited to Perfluorochemical, Efaproxiral (RSR 13) and modified Haemoglobin products (Haemoglobin-based substitutes and Microenlapsulated Haemoglobin Products) and Haemopure.
32.1.2.2 Group M2 - Chemical & Physical manipulation. The Following is prohibited:
Tampering or attempting to tamper in order to alter the integrity and validity or samples collected at doping controls.
The methods include but are not limited to intravenous infusions, Catheterisations and urine substitution. Intravenous infusions are not prohibited for the treatment of legitimate acute medical and trauma conditions.
The non-therapeutic use of cells, Genes, Genetic elements or of the modulation of Gene expression having the Capacity to enhance Athletic Performance is prohibited.
32.1.3.1 Substances and methods prohibited in competition: 32.1.3.1 Group S6 - Stimulants
The following stimulants are prohibited either alone or in combination:
Adrafanil, Amfepramone, Amiphenazole, Amphetamine, Ampohetaminil, Benzphetamine, Bromantan, Carphedon Cathine, Clobenzorex, Cocaine, Dimethylamphetamine, Ephedrine, E tilamphetamine, Etilefrine, Famprofazone, Fencamfamin, Fencamine, Fenettyline, Fenfluramine, Fenproporex, Forfenorex, Mefenorex, Mephenetermine, Mesocarb, Methampetamine, Methylephedrine, methylphenidate, Modafinil, Nikethamide, Morfernfluramine, Parahydroxy-Amphetamine, Pemoline, Phendimetrazine, Phenmetrazine, Phentermine, Prolintane, Selegiline, Strychnine and other substances with similar chemical structure or similar Biological effects.
Cathine is prohibited when its concentration in urine is greater that 5 Micrograms per milliliter. Ephedrine and Methylephedrine are prohibited in concentrations in urine greater that 10 micrograms per milliliter. Adrenaline in localanasthetics or topical nasal and Opthamological products is allowed.
The following Narcotics are prohibited: Buprenorphine, Dextromoramide, Diamorphine or Heroin, Fentanyl and its derivatives, Hydromorphone, Methadone, Morphine, Oxycodone, Oxymorphone, Pentazocine, Pethidine.
Cannabinoids in any form are prohibited.
32.1.3.4 Group S9 - Glucocorticosteroids (Cortisone)
All Glucorticosteroids are prohibited when administered orally, rectally intramusculary or intravenously. Their use for legitimate medical conditions will require a standard TUE application. All other routes of administration, excluding dermatological preparations, require an abbreviated TUE Application.
Substances prohibited in particular sports a.
Alcohol is prohibited in competition for all categories of motorsport.
Beta blockers are banned in competition in all categories of motorsport.
Specified Substances. The prohibited list may identify specified substances which are particularly susceptible to unintentional Anti-Doping Rule Violations Because of their general availability in medical products or which are less likely to be successfully abused as doping agents. A doping violation involving such substances may, but only may result in a reduced sanction provided that the competitor can establish that the use of such a specified substance was not intended to enhance sport performance. Specified substances include: Ephedrine and Methylephedrine, Cannabinoids, Inhaled B2 Agonists except clenbuterol, Probenecid, All Glucocorticosteroids (Cortisone products) All Beta Blockers Alcohol
DOPING SCREENS
A full Doping Screen is performed for in competition testing and covers all Prohibited substances and methods.
A Partial Doping Screen is performed for out of competition testing for:
iii) Peptide hormones, Mimetics and analogues
OBSERVANCE OF CULTURAL AND RELIGIOUS PRACTICES Cultural and religious observances must never be contravened in the performance of the requirements of any section of the MSA anti doping code. NOTE: NL = NO LICENCE TUE = THERAPEUTIC USE EXEMPTION NOTE: A full list of banned substances as stipulated by WADA and SAIDS is available on the MSA Website or on request from Motorsport South Africa.
Het maken van de foto’s duurt in totaal ongeveer 20 minuten. De totale tijd van de voorbereiding en het maken van de foto’s is ongeveer Bij dit onderzoek wordt u blootgesteld aan straling omdat er gebruikt Binnenkort wordt u verwacht op de afdeling Nucleaire Geneeskunde gemaakt wordt van een radioactieve stof. De gebruikte hoeveelheid SSZOG voor een onderzoek van uw nieren. Dit onderzoek b
Änderungen im Erstattungskodex (EKO) ab Dezember 2010 Informationsstand Dezember 2010 ROT → GRÜN Aufnahme kostengünstiger Nachfolgepräparate in den Grünen Bereich: Präparat Menge T OP KVP € Kostenersparnis € pro Packung* A02 MITTEL BEI SÄURE BEDINGTEN ERKRANKUNGEN A02BC02 Pantoprazol Pantoprazol “ratiopharm“ 20 mg magensaftresistente Tabl