Common use of TECHNICAL INSPECTION Clause in Contracts

TECHNICAL INSPECTION. At a time and place and in a manner determined by Event Officials, prior to racing activities of any nature (including without limitation competition, testing, time trials etc.), all vehicles and driver equipment must undergo a technical inspection, or have been inspected under the Extended Technical Inspection program or be subject to the National Event Technical Inspection Process, explained below. In addition, every vehicle is subject to further technical inspection at any time before, during or after an event, at the time and in the place and manner directed by any Event Official. Any technical inspection conducted for an event remains in effect during the entire event, including any continued, postponed or rescheduled event. For all technical inspections (National Event or otherwise) responsibility for accurately completing the Tech Card and/or supplying accurate information for the Tech Card is on the participant and inaccuracies and other issues will be dealt with using all measures available to PDRA. By participating, the participant certifies that his or her vehicle and personal protective equipment will remain in good condition and the same as stated on Tech Card throughout the entire event; that the participant will in fact use all safety and personal protective equipment noted on the Tech Card; and that if anything changes from what is stated on the Tech Card, the participant will immediately notify Tech Officials on site. Falsifying a Tech Card or not complying with the Rulebook subjects’ participants to disqualification from the event and further disciplinary action. National Event Technical Inspection Process: PDRA is conducting the National Event Technical Inspection Process at certain PDRA- sanctioned events. Under the National Event Technical Inspection Process, technical inspection typically will be during or after competition, in the sole and absolute discretion of PDRA. Under the National Event Technical Inspection Process the participant certifies the technical readiness of his or her own vehicle and personal protective equipment and fills out his or her own Tech Card for the event in advance. Like all statements made to PDRA, the participant is responsible for the truth and accuracy of everything reported on the Tech Card. PDRA Tech Officials will conduct spot-checks and may at any time exercise any other rights PDRA has under the Rulebook, including tear-down and other forms of tech inspection. PDRA may at any time inspect, seal for inspection, and/or tear down a participant’s vehicle. Not complying in full with any inspection request will result in disqualification for further competition and such other penalties as deemed appropriate by PDRA. All determinations by Event Officials regarding the timing and method of technical inspection shall be final and not subject to appeal or review. Technical inspection assists Event Officials with determining, in their judgment, eligibility for participation in an event. The technical inspection does not ensure that the vehicle or any part thereof is safe. The technical inspection does not in any way change the fact that the driver, the crewmembers, and the vehicle owner are ultimately responsible for the safety and operation of the vehicle and equipment. By conducting a technical inspection, PDRA and its member tracks, and each of their respective directors, officers, employees and officials, make no representations, warranties, or assurances that a technical inspection, including the review of any written information, will do any or all of the following: 1) Detect every or any problem with a vehicle, or a driver’s personal equipment or clothing; or 2) Detect every problem with rule compliance; or 3) Prevent injury, death or property damage. The participant agrees that participant bears the ultimate responsibility at all times to ensure the safety of participant’s vehicle, equipment and clothing and compliance with all PDRA rules, regulations, and agreements, including but not limited to those contained in the Rulebook. The participant agrees that participant is in the best position to know about the construction and operation of participant’s vehicle, equipment, and clothing, and whether there has been compliance with all PDRA rules, regulations and agreements, including but not limited to those contained in the Rulebook. Moreover, in the case of technical violations, the participant acknowledges, understands and agrees that the participant is charged with full knowledge of every component of participant’s vehicle and that even if a third party (for example, an engine builder) has caused the participant’s vehicle to be noncompliant, the participant will still be responsible for and charged with any applicable violation and sanction. Disclaiming knowledge of the particular part or parts, or disclaiming knowledge of the rule or rules, or disclaiming responsibility for the actions of the third party, will not be defenses to any violation or any sanction therefor. The weighing and measuring devices used by Event Officials shall be the standards that will determine an engine’s or vehicle’s compliance with the rules. Any latitude or tolerance must be made by the racer or engine builder. It is recommended that the following tolerances be observed by the participant to allow for a margin of error during inspection or teardown: Cylinder head or piston volume, 1 percent of 1 cc; deck clearance, .001-inch; overbore, .002-inch; vehicle weight, 1/2 of 1 percent or 20 pounds. Contestants in all classes calculated by weight to cubic inch must claim calculated engine displacement to determine exact vehicle weight on window sticker. Any engine changes made must be reported to the PDRA Technical Department for proper registration before any further runs are made. After a competitor’s vehicle has been inspected and classified, no changes of class are permitted. In order to facilitate technical inspection, PDRA may, from time to time, accept certain products as having met minimum requirements for technical inspection, test certain elements of vehicles, and certify compliance of such elements as complying with minimum requirements for technical inspections, and take other similar actions. The acceptance or certifications made by PDRA are for the sole purpose of communicating compliance to PDRA technical inspectors, and shall not constitute any warranty, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose. PDRA intends no other representation by such actions and specifically disclaims any liability or responsibility for any reliance by any person or entity upon such representations, including but not limited to any incidental or consequential damages that might be claimed as a result of reliance upon such representations. As a general rule, unless optional performance equipment or a performance modification is specifically permitted by this rulebook, it is prohibited.