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[RC] Desert Gold Ride - Diane Trefethen

First, I wish to modify my statements that Mr Sacks erred in claiming that six AERC rules were violated. Although none of the six rules were violated at the ride, it appears that now, at this later date, he MIGHT be correct about Rule L8.3, IF both 1) That rule's subparagraphs apply to rides not awarding an AERC Best Condition and 2) The orders of finish for the Limited Distance rides were not reported to AERC (there is no rule requiring an RM to post ride results in any particular order at the ride). Although I am not a lawyer, it would seem to me that since Rule L8 refers to both Best Condition points AND mileage, any subparagraph that does not specifically address one or the other of those factors should be construed to apply to both if reasonably possible. Put another way, if Rule L8 read simply, "The AERC shall record mileage for members in Limited Distance rides", then Rule L8.3, "Ride results list all completing riders in order of finish" would clearly require AERC to show the ride results in order of finish. AERC would be unable to accomplish this if a ride's management failed to provide the necessary data. Here is where it gets sticky.

According to Rule 12.3, "Thirty days after the mailing of the AERC Newsletter, the ride results printed therein become official and are not subject to change, unless intentional fraud is proved." The ride results for all three days of the Desert Gold Ride, as listed in the January EN, are in alphabetical order. Additionally, the first day of the ride shows 28 starting and 28 finishing. However, the ride results posted on the AERC website do NOT show the completions in alphabetical order AND the first day shows 30 starting and 30 completing. Missing from the EN are Bouree, ridden by Charlie Williams and Solerro ridden by D Scott Bianchi. So, did ride management report the results in a way which would allow the AERC to ascertain the correct order of finish and were they required to? Are the results as listed on the AERC website in order of completion? Were there 30 or 28 starting and finishing on day one?

Any lawyers want to step in with an analysis of L8 in its entirety? Can anyone confirm whether or not the results as posted on the AERC website are in order of finish?


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Replies
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