Submitted by members Les Earnest, Colin Allen, Charles Howe, Brian Lafferty, Bret Wade, Mike Whitman.Proposition B (Earnest et al.):
USA Cycling is at a crossroads. It was formed in 1995 with a grossly undemocratic structure in that two-thirdsof the board of directors are elected by special interests that constitute less than 1% of the licensees.Unless a more democratic and decentralized structure is adopted, the recent breaking away of regional racingassociations will likely continue.In 1999, after extensive public discussions of reorganization alternatives via the Internet, weproposed a reform initiative that was very similar to Proposition B, but the board of directors preemptedthat proposal by removing members’ voting rights and assuming those rights themselves. In response weinitiated a lawsuit that was ultimately successful, so the members now have an opportunity to address thestructural problems of the organization.Whereas there are currently multiple licenses for NORBA, USCF, etc. and for riders, coaches, officials, etc.,we propose in Proposition B that there be just one kind of license that allows the holder to participate in allactivities for which he or she is qualified. The revised Bylaws will be about 15 pages long, replacing 47 pagescurrently. There will be eight classes of voting members, compared with 20 in the existing organization.The proposed board of directors will consist of six regional directors representing licensees in threegeographical regions, one female athlete director representing female athletes, one male athlete directorrepresenting male athletes and two directors representing the USA Cycling Development Foundation.Staff Response
1) Mr. Earnest was one of the original authors of the 1995 governance structure which he now claims wasundemocratic; 2) The “facts” claimed in paragraph one of the summary are incorrect; the grass-rootsassociations of USCF; NORBA; and NBL comprise 75% of the USAC Board of Directors; and 3) Theauthors are incorrect in their count of USA Cycling member classes; there are actually only 13 classesrather than 20.This proposition eliminates annual membership meetings and replaces direct membership votingwith a non-democratic House of Delegates where delegates are designated rather than elected; assuch, this proposition is decidedly non-democratic; in addition, the athlete representatives to the houseof delegates are also designated, not elected by other athletes, which is in violation of federal lawand the USOC constitution.Prevents regional membership groups with fewer than 950 members from submitting new legislation,effectively eliminating the voice of most members; and groups with fewer than 50 members have novote at all.Establishes Foundation Directors on USA Cycling Board.Eliminates the sport associations and trustee boards for USCF, NORBA, USPRO, and NBL; and makes noprovision for representing the interests of individual sports on the USAC Board.Requires all USA Cycling licenses be valid for UCI races thus requiring all members to purchaseinternational licenses.If adopted, the athlete voting provision is subject to USOC approval before it can be implemented, thuscreating uncertainty as to its effectiveness and implementation.Budget impact unknown but anticipated to be substantially negative, even with the inclusion ofFoundation Directors on the USA Cycling Board.Amendments to USA Cycling RegulationsAmend USA Cycling Articles of Incorporation as follows, effective upon adoption by the meeting of members.ARTICLE I – Name, Duration, Office and Registered AgentSection 1.
The name of this corporation is USA Cycling and it may be referred to herein as the “Corporation.”Section 2.
The Corporation shall have a perpetual duration.Section 3.
The Corporation’s initial registered office is One Olympic Plaza, Colorado Springs, Colorado 80909-5775. The Corporation’s initial registered agent at such address shall be Lisa Voight.Section 4.The Corporation will have members. The class or classes of members shall be specified in the Bylawstogether with the qualifications for, privileges of, and voting rights, if any, of each class.ARTICLE II – PurposesSection 1.
Notwithstanding any other purpose or provision in these Articles, the Corporation is to be organized andoperated at all times exclusively for exempt purposes within the meaning of §501(c)(3) of the InternalRevenue Code of 1986, or a corresponding section of any future federal tax code.Section 2.
The supreme purpose of USA Cycling shall be the preservation, development, and administration of thesport of bicycle racing within the United States of America.Section 3.
USA Cycling, principally through the activities of its associations, shall:Part 1. Conduct, coordinate, and seek the advancement of competitive bicycle racing.Part 2. Establish rules governing the conduct of bicycle races to ensure fair competition and preventfrauds.Part 3. Conduct or participate in programs to assist riders in the development of their competitive skillsand to ensure safe competition.Part 4. Conduct National Championships and select teams to represent the United States of America ininternational and Olympic competition.Part 5. Represent the sport of bicycle racing in the United States of America to other national,international, and Olympic sports organizations.Part 6. Act as the repository for all certified and approved records pertaining to the sport.Part 7. Seek to uphold the rights and interests of cyclists and to communicate these interests togovernmental authorities and to the general public.Part 8. Be organized to provide fair representation, directly or by affiliation, for all individuals andorganizations which participate in the sport.Section 4.
To do everything necessary or incidental to the purposes described above which are not forbidden bythe Colorado Revised Non-Profit Corporation Act, as may be amended, by any other applicable law, or bythese Articles.Section 5.
The Corporation is irrevocably dedicated to, and operated exclusively for, charitable and non-profitpurposes; and no part of the assets of the Corporation shall be distributed to or inure to the benefit of anyindividual.ARTICLE III – Corporate PowersSection 1.
The Corporation shall have and may exercise every right, power, and privilege now or hereafter conferredupon non-profit corporations organized under the Colorado Non-Profit Corporation Act and the laws ofColorado.Section 2.
The Corporation shall have authority to do whatever is reasonably necessary to accomplish its purpose.Section 3.
The Corporation shall have no power to make a loan to any of its directors or officers.Section 4.
No part of the net earnings of the Corporation shall inure to the benefit of or be distributable to itsmembers, officers, or other private persons, except that the Corporation shall be authorized and empowered topay reasonable compensation for services rendered and to make payments and distributions in furtherance ofthe purposes set forth in Article II hereof. No substantial part of the activities of the Corporation shallbe the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporationshall not participate in, or intervene in (including the publishing or distribution of statements) any politicalcampaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles,the Corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exemptfrom federal income tax under §501(c)(3) of the Code or (b) by a corporation, contributions to which aredeductible under §170(c)(2) of the Code.Section 5.
In the event of the dissolution of the Corporation or the winding up of its affairs, the Corporation’s propertyshall not be conveyed to any individual or organization created or operated for profit for less than the fairmarket value of such property, and all assets remaining after the payment of the Corporation’s debts shall beconveyed or distributed to an organization or organizations created and operated exclusively forcharitable and non-profit purposes similar to those of the Corporation and consistent with the exemptpurposes provided for under §501(c)(3) of the Code.ARTICLE IV – MembershipSection 1.
Individuals who hold USA Cycling annual licenses shall be recognized as Licensed Members and thosewho reside in one of the United States or the District of Columbia shall be divided into three regional votingmember classes, as specified in the Bylaws, that are geographically coherent and have approximately equalnumbers of Licensed Members.Section 2.
Female and Male Eligible Athletes constitute two voting member classes, where “Eligible Athlete” isdefined in the Bylaws.Section 3.
Organizations that become Member Associations, as specified in the Bylaws, and that sell 50 or more USACycling annual licenses by the date specified in the bylaws may designate one Association Delegate, whoshall have one vote plus one vote for each additional 100 such licenses to a maximum of 15 votes. Suchorganizations may also designate one Athlete Delegate, who must be an Eligible Athlete as defined in theBylaws, but may be the same person as the Association Delegate. The voting strength of Athlete Delegatesshall be as specified elsewhere in these Articles.Section 4.
The Bylaws may designate additional classes of membership, all of which shall be non-voting.ARTICLE V – Meetings and NoticeSection 1.
At all meetings of the House of Delegates, a quorum shall consist of Delegates and proxies holding, inaggregate, 10% of the total number of votes that could be cast at the meeting. At all other meetings of USACycling, including its board or committees, except where stated otherwise in the Bylaws, a majority of themembers of a given body shall constitute a quorum.Section 2.
All meetings of USA Cycling, its boards, and committees shall be governed by the current edition ofRobert’s Rules of Order Newly Revised in all cases in which it applies and in which it is not inconsistentwith USA Cycling regulations. In any board or committee meeting, a request for a roll call vote by anyvoting member shall be honored.Section 3.
All meetings of USA Cycling and of its board of directors shall be open to the public; however, anexecutive or closed session of Directors may be held if requested by a majority vote of the members of themeeting body present, but no Director may be excluded from any meeting.Section 4.
Wherever formal notice is to be given under USA Cycling regulations, the notice shall be deemeddelivered when sent by facsimile or electronic mail service, at the stated delivery commitment time whendeposited with a commercial courier, or three days after deposit in a properly-addressed postage-paidenvelope in the United States mail.Section 5.
Failure of literal or complete compliance with respect to date and times of notice or the sending or receipt ofthe same, or errors in phraseology of the notice of proposals, which in the judgment of a majority of themembers attending a meeting does not substantially abridge the rights of members, shall not invalidate theactions or proceedings taken at any meeting.ARTICLE VI – House of DelegatesSection 1.
The annual meeting of the House of Delegates shall be held at a time and place as specified in the Bylaws.Section 2.
Special meetings of the House of Delegates may be called by the President, by a majority vote of the Boardof Directors, or upon the written request of Member Associations entitled to cast 10% of the total number ofvotes which may be cast at the meeting, and not less than 10 days’ notice shall be given by the Secretary toeach Member Association of such meeting, with a statement of location and time of such meeting and theobject therefore. The call for such a meeting shall specify the time and place.Section 3.
Each Athlete Delegate shall have an integral number of votes, as specified in the Bylaws, such that the totalnumber of Athlete Delegate votes shall equal or minimally exceed 20% of the number of votes held byall Association Delegates.Section 4.
Each Delegate may not divide his or her votes on any given question, though an Association Delegateand an Athlete Delegate from the same Association may vote differently. All Delegates may vote by proxy.ARTICLE VII – Board of DirectorsSection 1.
The government and direction of USA Cycling shall be committed to a Board of Directors, each member ofwhich is referred to as a Director. The Board of Directors may explain, define, and interpret anyprovision of USA Cycling Regulations.Section 2.
The Board of Directors shall be composed of ten Directors, including six Regional Directors one FemaleAthlete Director, one Male Athlete Director and two Foundation Directors.Section 3.
Each Director must be at least 19 years of age when taking office. Election of Directors shall be as specifiedin USA Cycling Bylaws.Part 1. Two Regional Directors shall be nominated and elected from each of three Regions.
Part 2. Female and Male Athlete Directors shall be nominated and elected by Female and Male EligibleAthletes respectively.
Part 3. Two Foundation Directors shall be elected by the board of directors of the USA CyclingDevelopment Foundation.Section 4.
Part 1. The Board of Directors may designate and appoint one or more Director committees, each ofwhich shall consist of two or more Directors, which shall have the authority of the Board to theextent provided in the designating resolution or Bylaws, except that no such committee shall havethe authority of the Board in reference to: amending, altering, or repealing USA CyclingRegulations or removing any member of such committee or any officer or Director of USACycling; adopting a plan of merger or adopting a plan of consolidation with another corporation; oramending, altering, or repealing any resolution of the Board of Directors which, by its terms,provides that it shall not be amended, altered, or repealed by such committee.Part 2. The Board of Directors may, by resolution, appoint an advisory committee composed of anypersons it chooses. Such a committee shall have no authority to act on behalf of the Board but mayotherwise undertake whatever tasks they are assigned and may make recommendations to the Board.Section 5.
The Corporation’s incorporator and initial director is:
One Olympic Plaza
Colorado Springs, Colorado 80909-5775ARTICLE VIII-ConductSection 1.
Directors shall carry out their duties as required by law, USA Cycling regulations, and generally-acceptedstandards for directors of not-for-profit corporations.Section 2.
USA Cycling properties, services, opportunities, authority, and influence are not to be used for privatebenefit. All Directors, Officers, employees and agents of USA Cycling shall disclose the nature and extent ofan actual or potential conflict of interest when it occurs and will not participate in the discussion, evaluation, orvoting concerning that issue. This includes the awarding of contracts, the purchase of goods andservices, and the allocation of USA Cycling resources for personal use.Section 3.
If any individual representing USA Cycling participates in the evaluation or approval of a contractwith a supplier to furnish goods or provide services to USA Cycling when that individual will directly orindirectly benefit financially or otherwise receive any form of compensation from, or have an interest in, anysupplier under consideration, then USA Cycling shall have the right to recover such benefit or payment, andsuch contract or transaction shall be voidable by USA Cycling.ARTICLE IX – AmendmentsSection 1.
Amendments to these Articles may be made only by the House of Delegates. Bylaws and other USACycling Regulations may be amended either by a meeting of the House of Delegates or by the Board ofDirectors, except that the Bylaws may reserve amendment or repeal of particular Bylaws or portionsthereof to the House of Delegates. All amendments to these Articles or the Bylaws must be approved by atleast two-thirds of the total votes cast, abstentions not being counted and by a quorum of the voting body.Section 2.
Amendments proposed for consideration by the House of Delegates must be submitted by petition ofMember Associations whose Association Delegates have a total of at least 10 votes and must be sent inwriting to the USA Cycling office in accordance with the schedule specified in the Bylaws. The Board ofDirectors may subsequently submit additional proposals. Not later than 30 days before any Houseof Delegates meeting at which amendments to these Articles or the Bylaws are to be considered, a generalnotice setting forth the agenda, time, and place of the meeting, and the text or substantive terms ofproposed amendments shall be mailed to all Member Associations and no amendments other than those onthe agenda shall be considered at such meeting.Section 3.
All amendments proposed for consideration by the Board of Directors must be submitted by one ormore Directors and each Director must be given 30 days notice of the proposed text of Bylawamendments.USA Cycling Bylaws
Amend USA Cycling Bylaws as follows, effective January 1, 2002. Amendments adopted by the Boardof Directors on February 26, 1999, and thereafter until this amendment takes effect are void.A. Corporate Name, Purposes, and Emblem
The name of the Corporation is USA Cycling.Section 2.
USA Cycling’s purposes are those stated in its Articles of Incorporation.Section 3.
The emblem of USA Cycling shall be determined by the Executive Director. No person or organization mayuse the name or emblem of USA Cycling in advertising, soliciting goods or services, or promotion of goods,services, or events, without the written consent of USA Cycling.B. Regulations and AffiliationsSection 1. USA Cycling Regulations.
USA Cycling is governed by the following documents which, taken as a whole, are called USA CyclingRegulations and that take precedence in the order listed:(1) Articles of Incorporation of USA Cycling;
(2) These Bylaws;
(3) Governance Policy;
(4) Racing Rules.Section 2.
In interpreting USA Cycling Regulations, the feminine gender shall be substituted for the masculine,the plural for the singular, and the singular for the plural where such substitution is consistent with thecontext.Section 3. Affiliations.
USA Cycling is a member of the United States Olympic Committee (USOC) and is an affiliatedmember of the International Cycling Union (UCI).C. Members
Section 1. Member Associations.Organizations that conduct bicycle racing programs may become Member Associations of USA Cyclingprovided that they meet all requirements specified in these Bylaws and pay an annual fee as specified in theSchedule of Fees. Member Associations must observe all USA Cycling Regulations and agree to:(a) Not discriminate in admitting such its individual members on the basis of race, color, religion, age,sex, sexual orientation, or national origin;(b) Offer to sell USA Cycling licenses to the public, though the Association may also issue licenses thatare valid only for events conducted under a permit that it has issued;(c) Conduct all bicycle races held under the association’s permits in accordance with USA CyclingRacing Rules;(d) Provide medical insurance for riders and race officials who are engaged in races held under anassociation permit covering excess expenses over any personal medical insurance that the individualmay carry and extending up to at least $25,000;(e) Provide liability insurance of at least $1,000,000 for race officials who are acting onbehalf of the Association, except that the use of motor vehicles by race officials shall be insured forliability up to at least $200,000 per accident for expenses in excess of the operator’s insurance;(f) Release USA Cycling, Inc., from any liability stemming from event permits that are issued by theAssociation.Member Associations shall receive a rebate on each USA Cycling annual license sold, as specified in theSchedule of Fees, and shall have voting strength in the House of Delegates in proportion to the numberof such licenses sold, as specified in the Articles of Incorporation.Section 2.
An annual USA Cycling license may be purchased by any person who agrees to abide by USA CyclingRegulations, completes and signs a license application and release form (and, for minors, a parent or guardianalso signs) and pays the licensing fee specified in the Schedule of Fees, which may vary with age only. Suchlicenses shall expire on December 31 of the year for which they are issued but shall be valid for participationin any venue in any capacity (such as rider, official, coach, trainer or mechanic) for which the licensee isqualified and shall be valid for UCI international competition as well as for any race held under an eventpermit issued by USA Cycling or one of its Member Associations.Part 1. The Executive Director is authorized to establish and administer licensee categorizations forvarious venues and roles, such as rider or race official.Part 2. Annual licensees may receive a copy of any current USA Cycling Regulations, including RacingRules, as specified in the Schedule of Fees.Section 3.An Eligible Athlete is a Licensed Member, who is an “Athlete” as defined from time to time by the UnitedStates Olympic Committee. The number of votes that each Athlete Delegate has in a given meeting of theHouse of Delegates shall be the smallest integral number of votes such that the total voting strength ofall Athlete Delegates shall equal or exceed 20% of the number of votes held by all Association Delegates.Section 4.Life Members.Individuals who have contributed extensive and outstanding service to USA Cycling or any of its predecessor organizations may be awardedthe honorary title of Life Member by a two-thirds vote of the Board of Directors, but no voting rights orlicense are thereby established.Section 5. Openness and Equal Opportunity.Membership in USA Cycling is open to all individuals who participate in the sport of bicycle racing as athletes, coaches,trainers, managers, administrators, or officials. Members shall have an equal opportunity to participatein bicycle racing without discrimination on the basis of race, color, religion, age, sex, sexual orientation, ornational origin. Such participants may be required to obtain a USA Cycling license in order to participate andshall be subject to USA Cycling regulations, but may not be declared ineligible to participate without fairnotice and an opportunity for a hearing.D. House of DelegatesSection 1.
Member Associations of USA Cycling shall be notified of the time, place, and purpose of House of Delegatesmeetings and such notice shall be given at least 30 days in advance of such meeting.Section 2.
Participation in House of Delegates meetings by the Delegates of a Member Association is based on itsvoting strength, as specified in the Articles of Incorporation, on the preceding August 1. No proxy orauthorization as attorney-in-fact shall be valid for more than 11 months from the date of its execution.Section 3.
The House of Delegates annual meetings shall be held at 9:00 a.m. on the fourth Saturday of Septembereach year at USA Cycling headquarters unless specified differently by the Board of Directors.Part 1. Any amendment proposed for consideration by the annual meeting must be sent in writing to the USACycling headquarters not later than June 15 of the year in which it is to be considered.Part 2. The text of amendments proposed for the annual meeting with corresponding ballots and proxy forms shallbe mailed to Member Associations by August 15.Part 3. Ballots to be voted by the Ballot Clerk must be returned to the Clerk with a signed proxy bySeptember 15.E. Director ElectionsSection 1. Director Qualifications.
Candidates for any Director position must be eligible to vote for that position. No two persons who are members of thesame family or household may serve as Directors at the same time.Section 2. Schedule.
Director elections shall be conducted according to the following schedule. Elections shall beheld for all ten Director positions in the year 2002, with the term for each position set to end at the time of thenext election for that position. The terms of all Directors elected in 2001 or earlier shall end when thenew directors take office in 2002.Part 1. Invitations to nominate Director candidates shall be published each year by April 15.Part 2. Candidates must be nominated by May 15 either by five other members who are eligible to votefor the position or by a Member Association.Part 3. Ballots shall be distributed to eligible voters by June 15 and must be sent to the Ballot Clerk by July 15.Part 4. Ballots shall be tabulated by the Ballot Clerk and the results shall be announced on the firstweekday on or after July 25.Part 5. Elected Directors shall take office at the first meeting of the Board of Directors following theirelection.Section 3. Plurality and Tie Breaking.
In all Director elections, only votes for candidates who have beennominated in accordance with USA Cycling Regulations shall be counted. The candidates with the most votesshall be elected. In case of a tie, those tied or their representatives shall draw straws to determine thewinner or may use another process that is mutually acceptable to the tied candidates.Section 4. Election of Regional Directors.
In years that are evenly divisible by three, Licensed Members in theCentral Region may each vote for up to two candidates and the two candidates who receive the most votesshall be elected for a three-year term. In successive years similar elections shall be conducted in Easternand Western Regions.Section 5.
The Regions are defined as follows. In years that are evenly divisible by four, and more frequently ifnecessary, the Board of Directors shall review and amend this bylaw so that there will be approximatelythe same number of Licensed Members in each Region.(a) Central Region: Alabama, Arkansas, Colorado, Illinois, Iowa, Indiana, Kansas, Kentucky,Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, SouthDakota, Tennessee, Texas, West Virginia, Wisconsin.(b) Eastern Region: Connecticut, Delaware, District of Colombia, Florida, Georgia, Maine,Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania,Rhode Island, South Carolina, Vermont, Virginia.(c) Western Region: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, New Mexico,Oregon, Utah, Washington, Wyoming.Section 6. Election of Athlete Directors.
In years that are evenly divisible by four, one Female Athlete Director shall be elected by female Eligible Athletes and oneMale Athlete Director shall be elected by male Eligible Athletes and each shall serve a four-year term.Section 7. Election of AAC Representative.
Concurrent with Athlete Director elections, each Eligible Athlete will be permitted to cast one vote for a candidatefrom the combined list of candidates for Male and Female Athlete Director positions. The Female orMale Athlete Director who receives the greater number of votes in this election shall be therepresentative to the Athletes Advisory Council (AAC) of the USOC and the other Athlete Director shall bethe alternate representative.Section 8. Election of Foundation Directors.
Each year the board of directors of the USA Cycling Development Foundation shall elect one Foundation Director.Section 9. Resignation.
Any Director may resign at any time by giving written notice to the Secretary. Such resignation shall take effect immediately upon thegiving of notice unless otherwise specified therein, and the acceptance of such resignation shall not benecessary to make it effective.Section 10. Removal.
A Director may be removed by a majority vote of the members that he or she represents. A voteshall be held upon petition to the Secretary by eligible voters holding at least 10% of the votes.Section 11. Vacancies.
If a Regional or Athlete Director position becomes vacant more than six months prior to the nextregularly scheduled election for that position, a special election for that position shall be called by the Board ofDirectors and the vacancy shall be filled by action of the class of members entitled to vote on that seat.E. Board of DirectorsSection 1. Notice of Meetings.
Part 1. Regular meetings of the Board of Directors shall be held at such time and place as the boardshall designate and notice of such regular meetings need not be given.Part 2. Special meetings of the Board may be held upon the call of the President or upon the writtenrequest to the Secretary of a majority of its members at such place as may be designated by thePresident or in such written request, as the case may be. Notice of the time, place, and purpose of anyspecial meeting shall be given by the Secretary to each member at least ten days before such meeting.Part 3. Any Director may waive notice of any meeting. Attendance by a Director at any meetingshall constitute a waiver of such notice unless the Director attends the meeting only for the expresspurpose of objecting to the transaction of any business because the meeting is not lawfully calledor convened.Section 2. Telephone Meetings.Any one or more members of the Board of Directors or any committee thereof may participate in a meeting of such Board or committee bymeans of a conference telephone or similar communications equipment allowing all persons participating in the meeting to hear each other at thesame time.Section 3. Actions Without a Meeting.Any action that may be taken by a meeting of the Board of Directors may be taken without a meeting if consent in writing, settingforth the action so taken, is signed by all Directors or Trustees entitled to vote thereon.Section 4.
Amendments to Racing Rules that are adopted on or before October 31 shall take effect on January 1 of thefollowing year, provided that such amendments adopted as emergency measures with the approval ofthree-fourths of the voters, other than those who abstain, may take effect whenever specified but notsooner than 30 days after their passage.Section 5. Officers.
The officers shall fulfill responsibilities specified below, subject to the control of the Board ofDirectors, and such other duties as shall from time to time be assigned to them by the Board. No officer of USACycling may serve concurrently as an officer of another National Governing Body that is a member of USOC.Part 1. The President of USA Cycling shall be a Director and shall preside at all meetings of theBoard of Directors and the House of Delegates. In periods between meetings of the Board of Directors,he may interpret USA Cycling Bylaws with the advice of Directors.Part 2. The Secretary of USA Cycling shall act as secretary at all meetings of the Board of Directors.In the absence of the Secretary, the presiding officer may appoint any person to act as secretary of themeeting. The Secretary shall prepare and submit minutes of Board of Directors’ and House ofDelegates’ meetings and shall maintain a register of active resolutions of the House of Delegates andBoard of Directors and their expiration dates.Part 3. The Treasurer of USA Cycling shall keep correct and complete books and records of accountand shall permit them to be inspected by any USA Cycling member or their agents or attorneys for anyproper purpose at any reasonable time. The Executive Director shall serve as Treasurer.Part 4. The Vice Presidents shall carry out the responsibilities assigned to them by the Board ofDirectors. In the absence of the President, the Vice Presidents, in the order determined by the Board,shall perform the duties of the President.Section 6. Election of Officers.
At the first meeting of the Board of Directors in even-numbered years, after theannual election of Directors, a temporary chairman shall be appointed by the board to conduct the electionof a President, Secretary and as many Vice Presidents as the Board chooses.Any person who has served asPresident continuously for the preceding 5 years shall not be eligible for re-election as President.Part 1. Elections of officers of USA Cycling or Associations shall be decided by a majority voteusing a secret ballot with abstentions not being counted. If no candidate receives a majority of thevotes cast, another vote shall be held between only those candidates whose total vote in the previousballoting constituted a majority and who each received more votes than any candidate not includedin subsequent balloting. This process shall be repeated until one candidate receives a majority.Part 2. The terms of officers shall run until:
(a) Their respective successors are elected and qualified, or;
(b) They cease being Directors, resign or are removed from office in accordance with proceduresestablished by law and USA Cycling Regulations.Part 3. Any officer may be removed by a majority vote of the Board with or without cause.Part 4. A vacancy in any office because of death, disability, resignation, removal,disqualification or otherwise may be filled for the unexpired portion of the term by the Board ofDirectors at any meeting.Section 7.
One USOC Executive Board representative and one alternate shall be elected by the Board of Directorsin each year that is evenly divisible by four and these representatives shall serve until such time as theirsuccessors have been elected. The Board of Directors may call for a new election for USOC Executive Boardrepresentatives at any time.Section 8. Resolutions of the Board of Directors shall expire 24 months after adoption unless a different expirationdate is specified in the resolution. Resolutions of committees of the Board of Directors shall expire at thenext meeting of the Board.F. Administrative Authority
Section 1.The Board of Directors shall employ an Executive Director, who shall serve at the pleasure of the Board.The Executive Director shall:(a) direct the operations of the corporation;(b) employ and supervise a staff to fulfill the functions of the corporation;(c) establish and publish a Schedule of Fees;(d) appoint a neutral and reliable person to act as Ballot Clerk in all membership elections and ballots;(e) execute such other responsibilities as the Board of Directors may direct.The Executive Director may delegate any or allduties imposed under these Bylaws.Section 2.
The Executive Director may designate various classes of non-voting affiliations with USA Cycling andspecify qualifications and fees for such affiliations.Section 3. Public Statements.
Letters distributed to USA Cycling or Association mailing lists or statements in the mediarepresenting USA Cycling positions shall be reviewed and approved in advance by the Executive Director.G. Conduct
Section 1. Paid Positions.
No Director, or voting member of a USA Cycling committee shall hold a position paid from USA Cycling general funds, but may receive anhonorarium. Any such honorarium must be specifically approved by the Board of Directors.Section 2. Financial Disclosure.Part 1. Annual Declaration. Each year at the time of the first meeting of the Board of Directors of theyear, each Director shall file with the Executive Director a disclosure of all activities in which he helda financial interest or from which he received compensation during the preceding 12 months thatwere directly involved with the sport of cycling or were doing business with USA Cycling. The list ofthese activities shall be made available to the public upon request.Part 2. Quarterly Disclosure. On a quarterly basis, the Executive Director shall compile a list ofpayments by USA Cycling, other than reimbursement of expenses, that have been made to Directors or their spouses or to any business entityin which the Director or spouse has 10% or more financial interest, as well as any debts to USACycling by any of these entities that are 60 days or more past due. This disclosure shall be distributedto the Directors and made available to the public.Section 3. Indemnification.
Part 1. USA Cycling shall, to the maximum extent permitted by Colorado law in effect from time totime, indemnify each of its Directors, officers, employees, and race officials against expenses,judgments, fines, settlements and other amounts actually and reasonably incurred in connection withany proceeding arising by reason of the fact any such person is or was acting on behalf of USACycling, except that the use of motor vehicles that are not owned by USA Cycling shall be indemnifiedonly in excess of the operator’s insurance and up to the limits of USA Cycling insurance for liability, butin any case to at least to one million dollars for a given operator in a given accident, and for physicaldamage up to the policy limits maintained on the vehicle notwithstanding any exclusions of that policy.For race officials this indemnification applies only during an event permitted by USA Cycling.Part 2. The Board of Directors may, to the maximum extent permitted by Colorado law in effectfrom time to time, authorize the purchase and maintenance by USA Cycling of insurance on behalfof its Directors, officers, employees, or race officials against liability asserted against or incurred by theiracting on behalf of USA Cycling.Section 4. All Directors, employees, and other agents of USA Cycling are obligated to:(a) Ensure that USA Cycling adheres to the applicable rules, regulations, and policies of federal,state, and local government, and national and international sport governing bodies with which USACycling is affiliated;(b) Devote themselves, USA Cycling, and Associations to conduct which, in letter and spirit, islawful, honest, dependable and fair;(c) Conduct themselves in ways which promote the aims and objectives of the corporation and whichenhance the reputation of USA Cycling, and cycling;(d) Place the interests of the entirety of USA Cycling ahead of local or personal interests incycling, including voluntarily absenting themselves from discussions of issues in which they have afinancial interest unless they are required to be present to answer questions as recognizedrepresentatives of those interests;(e) Give prudent consideration to issues, taking into account established USA Cycling policies andprecedents, needs for confidentiality regarding proprietary and sensitive information, and the legal,financial and administrative effects of proposed actions;(f) Provide a full, constructive, and timely reply in the form required to requests from USA Cyclingauthorities for information and decisions;(g) Fully inform responsible USA Cycling authorities in a timely and documented form of matters aboutwhich the authorities may be unaware, including not only business opportunities, policy alternatives, andorganization needs, but also any actions, no matter who is responsible for those actions, which arecontrary to policy, or are damaging to USA Cycling, or are improper, unethical, or unlawful;(h) Assist the employees, volunteers, and Directors of USA Cycling to create and maintain an effectivelyfunctioning organization always respecting the responsibility and authority of those to whomimplementation of USA Cycling policies and goals has been entrusted;(i) Neither give nor receive gifts, cash, travel, hotel accommodations, entertainment, or favorsexcept those of nominal value exchanged in the normal course of business;(1) The trading of pins and mementos is accepted conduct;(2) Invitations from sports, media, or other organizations to attend sports and social events ofmore than nominal value may be accepted if they are part of open and generally accepted practices,serve to promote the best interests of USA Cycling, would not embarrass the individual orUSA Cycling if publicly disclosed, and do not compromise the objectivity or integrity of therecipient or donor;(3) Gifts and favors of more than one hundred U.S. dollars (US) value should not ordinarily beaccepted, but if the circumstances render it awkward to refuse such a gift the donor should be thankedand told that the gift is being accepted on behalf of, and will be delivered to, USA Cycling.Section 5.
An Ethics Board consisting of three persons who have no other connection with USA Cycling shall beappointed by the Board of Directors and shall:(a) Investigate allegations of conflict of interest or other ethical issues involving Directors andrecommend actions to the Board of Directors if appropriate;(b) Review USA Cycling regulations and policies on ethical issues and recommend changes to theappropriate bodies if needed;(c) Fulfill other duties as it may be assigned by the Board of Directors from time to time.H. Administrative GrievancesSection 1.
Grievances relating to the rights and duties of members under the Constitution and Bylaws of USOCor relating to any administrative action by USA Cycling or its Associations, may file a writtengrievance stating the basis of the action that substantially prejudices the rights of the member.The Executive Director shall respond to the grievance in a prompt and equitable manner by appointingeither an investigator or a three-person committee to investigate the grievance. The investigator orcommittee shall provide its written recommendations to the Executive Director as soon as practicable. TheExecutive Director shall take such action deemed appropriate under the circumstances of the case andUSA Cycling regulations.Section 2.
For the purposes of this Bylaw, the meaning of the term member is expanded to include members of USACycling; persons participating in a bicycle race held under a USA Cycling or Association permit; affiliatedorganizations; and race promoters and their employees, independent contractors, and volunteers.I. Member DisciplineSection 1. Scope.
All members of USA Cycling and all persons who participate in any official function of USA Cycling aresubject to disciplinary action as provided in this Bylaw. For the purposes of this Bylaw, the meaning of the termmember is expanded to include members of USA Cycling; persons participating in a bicycle race held undera USA Cycling permit; and race promoters and their employees, independent contractors, and volunteers.Section 2. Violations.
Any breach by a member of a provision of USA Cycling regulations or other conduct whichsubstantially prejudices either the ability of USA Cycling to carry out its tasks or the sport of bicycle racing shallbe subject to discipline as provided in this Bylaw, including loss of eligibility or other appropriatepenalties.Section 3. Facility Agreements.
Any member who acknowledges in writing any published rules of conduct for the use of a training, housing, or racing siteobtained by USA Cycling and who subsequently violates these rules shall be subject to discipline as provided inthis Bylaw.Section 4. Financial Obligations.
Members or other parties who present checks to USA Cycling, or to organizers ofevents for which USA Cycling race permits have been issued, which checks are dishonored by the banks uponwhich they are drawn, or who fail to pay any fine or other financial obligation due USA Cycling shall besubject to appropriate discipline as provided in this Bylaw. Without limitation, this may include loss ofeligibility to compete in USA Cycling races or to do business with USA Cycling until the obligation isfulfilled, followed by an additional period of ineligibility.Section 5. Due Process.Every member is entitled to due process in the administration of discipline.Section 6. Complaints and Hearings.
A complaint is a written and signed allegation that one or more parties have violated USA Cycling regulations. A complaintmay be filed by one or more parties who, collectively, are known as the complainant. The party or partieswho are alleged in the complaint to have violated USA Cycling Regulations are known collectively as therespondent.Part 1. Hearing Procedure.
(a) A notice of the specific charges or alleged violations and the possible consequences if thecharges are found to be true shall be given in writing by certified mail to the member’s address ascurrently on file with USA Cycling or by personal delivery.(b) The respondent must answer the notice in writing within 20 days to USA Cycling and this answermay request a hearing. If a hearing is requested, the Executive Director shall appoint three disinterestedand impartial persons, known as a Hearing Panel, to conduct a hearing. The hearing shall be conductedinformally and may be accomplished in any reasonable manner including telephonically. In theconduct of the hearing, the burden shall be upon USA Cycling to prove by a preponderance of evidence thatdisciplinary action is appropriate.(c) The respondent must be given a reasonable time between receipt of the notice of charges andthe date of a hearing, if one is requested, to prepare a defense; this period of time shall be no less than15days but no more than 45 days.(d) The respondent has the right to be assisted in the preparation of their case at the hearing,including the assistance of legal counsel, if desired.(e) The respondent has the right to call witnesses and present oral and written evidence andarguments.(f) The respondent has the right to confront and cross-examine adverse witnesses.(g) The respondent has the right to have a record made of the hearing, at the respondent’s own expense.(h) The Hearing Panel will determine by a majority vote if there is cause for disciplinary action. If so,the panel shall impose or recommend a penalty and, if appropriate, the dates of the penalty. Formisconduct in any given race meet, the Hearing Panel may suspend for a period up to 30 days. TheExecutive Director may determine loss of eligibility for any period after receiving a recommendationfrom a Hearing Panel or, under Section 4 of this Bylaw, until such sections are complied with.(i) A written decision, with the reasons therefore, based solely on the evidence of record, must beforwarded by certified mail or personal delivery to the respondent and the Executive Director no laterthan 10 days after the hearing. If disciplinary action is imposed, an explanation of the proper appealprocedure must be included with the notice of decision. The respondent or complainant has 20days after deemed delivery in which to appeal the decision.Part 2. Waiver of Hearing. The member may waive his right to a hearing. The member shall bedeemed to have waived the right to a hearing if they do not answer the notice of charges andrequest a hearing as required by subparagraph (b) of Part 1 of this Section. Any reasonable excuse fornot receiving the initial notice of charges will be considered. If the hearing is waived, the penalty iseffective immediately and the right to an appeal is forfeited.Section 8. Observance.
All Member Associations of USA Cycling shall follow these procedures and honor any suspensions or loss of eligibility imposed by USACycling or other Member Associations provided that due process has been observed.Section 9. Suspensions by Other Organizations.
USA Cycling and its Member Associations shall honor the suspensions or other disciplinary actions imposed bythe USOC or UCI and their affiliates, provided the Executive Director determines that due process wasfollowed in imposing the discipline, including fair notice and an opportunity for a hearing as described inSection 7 of this Bylaw.J. Appeals
Section 1. Appealable Matters.
Part 1. Appeal. The following may be appealed by the respondent or complainant: the refusal of anevent permit, except a bid for a National Championship, or a member’s suspension, loss ofeligibility, or denial of competition in a Protected Event, as that term is defined in Part 2, Section 2 ofthis Bylaw.(a) If an appeal is filed by either the respondent or complainant within the designated time, all partiesmust be notified at once by certified mail or personal delivery of the exact elements of the appeal.(b) An entire new hearing is to be administered by an Appeals Jury.(c) The same rules of evidence and procedure apply as for a Hearing Panel.(d) The burden of proof shall be upon the appellant to establish that the Hearing Panel abused itsdiscretion in reaching the decision being appealed.(e) The jury may consult with expert individuals or groups in reaching a decision on the appeal but maynot delegate the decision.(f) The jury shall render a decision on the appeal by a majority vote.(g) The jury shall interpret the rules of USA Cycling or those of UCI and shall decide whether such ruleshave been correctly interpreted and applied and whether the penalties assessed are in accordance with those rules.(h) The jury may affirm, nullify, or reduce any penalty imposed based upon the evidence presentedat the hearing. If appropriate, the jury shall specify the starting date of the suspension or loss ofeligibility after the completion of the hearing.(i) The decision of the appeal jury is final and binding on the member and USA Cycling.(j) If the jury finds evidence of grossly improper or unfair actions by a member of USA Cycling or aUSA Cycling administrator not a party to the appeal, the jury shall recommend appropriatecorrective action or discipline to the Executive Director.(k) The jury foreman shall provide a written statement of the jury’s decision to the appellant andthe Executive Director.Part 2. Medical Control Appeals. A finding, after all required tests have been completed, that aprohibited substance was taken by a member, and after a disciplinary hearing, may be appealed only onthe grounds that there has been a defect in the examination procedure that could have influencedthe result of the analysis. It shall not be a basis for appeal that the banned substance did not enhanceathletic performance.Part 3. Initiating an Appeal. To initiate an appeal, a member must prepare a notice of appeal.Appeals shall be summarily rejected if they fail to meet any of the requirements specified in this Part,but may be resubmitted in proper form if still within the deadline. All notices of appeal must:(a) be personally delivered or submitted to the Appeals Jury Chair at a Protected Event or given toUSA Cycling headquarters, marked to the attention of “Appeals,” within twenty (20) days of the datethat notice of decision of the Hearing Panel was given to the member;(b) be in writing and signed by the appellant;(c) be accompanied by the deposit specified in the Schedule of Fees;(d) identify the decision being appealed;(e) state what rules are being incorrectly interpreted or applied; and(f) state how the appellant may be contacted and whether written or verbal notice of the hearing isdesired.Part 4. Limitations. Decisions by race officials or commissaires concerning the conduct of a race,including disqualification for breaches of racing rules, may not be appealed, provided that decisions of raceofficials or commissaires at Protected Events may be appealed only insofar as they affect rider eligibilityfor a subsequent event.Section 2. Appeals Juries.
Part 1. Jury. The Executive Director shall appoint appeals jury chairs as needed. An appealsjury chair shall be a Category 1 or National official. For each appeals jury, the appointed chair shallselect and appoint at least two other persons to serve on the jury, each of whom shall be alicensed race official. No employee of USA Cycling shall serve on an appeals jury. No person shall siton an appeals jury hearing a matter in which the person previously participated in the HearingPanel.Part 2. Protected Events. A is any of the following: National Championships, Olympic Trials,Pan Am Trials, World Championship selection events, and any event which would be “ProtectedCompetition” under Articles I and IX of the Constitution of USOC. The Executive Directorshall have an appeals jury present at the site of each Protected Event to hear and rule as soon aspracticable on any appeals arising from that event.Section 3. USOC Complaints and Arbitration.
Part 1. USOC Complaints. Any member of USA Cycling or any organization affiliated with USACycling or any of its Associations may file a written complaint with the USOC concerning compliance byUSA Cycling with requirements set forth in Chapter VIII, Article VIII, Section 1 of the USOCConstitution.Part 2. Arbitration.
USA Cycling agrees to submit to binding arbitration conducted in accordance with the commercial rules of theAmerican Arbitration Association any decision reached under USA Cycling Regulations prejudiciallyaffecting the opportunity of any athlete, coach, trainer, manager, administrator, or official toparticipate in Protected Events, providing the procedures in Chapter IX, Sections 1-3 of the USOCConstitution have been followed.Association Bylaws & Resolution
Bylaws of the United States Cycling Federation (USCF), National Off Road Bicycle Association (NORBA),United States Professional Racing Organization (USPRO) and National Bicycle League (NBL) arerescinded effective January 1, 2002 and the following resolution is adopted.Resolution:
NCCA Committee members and members of Association Boards of Trustees as of December 31,2001 shall become members of corresponding advisory committees on January 1, 2000, as follows:Former NBL Trustees become members of the BMXRacing Rules Committee;Former NORBA Trustees become members of theMountain Bike Racing Rules Committee;Former USCF and USPRO Trustees become members of either the Road Racing Rules Committee or the TrackRacing Rules Committee as determined by the board of directors.Members who were elected as Trustees shall complete their terms on these committees but futurecommittee sizes and filling of vacancies shall be determined by the Board of Directors.The primary responsibilities of these racing rules committees shall be as follows.1. When requested, advise the Board of Directors or Executive Director on interpretations of racing rulesand any bylaws that directly affect eligibility to participate in races;2. Review and make recommendations on amendments that are proposed for the Board ofDirectors agenda and make counter-proposals where appropriate;3. Review amendments that are proposed for House of Delegates meetings and submit evaluativecomments for inclusion on the agenda when appropriate;4. Review Racing Rules and propose improvements to deal with ambiguities, inconsistencies and changed circumstances, such aschanges in international rules.Racing Rules Committees shall elect their officers from among their members, including at least a Chairand Secretary, and shall use email, fax, mail or telephone where practicable to resolve and decideissues. The Secretary shall be responsible for compiling written records of all decisions made by thecommittee and for periodically submitting these records to the committee for review, correction andapproval.Telephone meetings of these committees shall be called by the Secretary, with at least 10 days notice toall members including an agenda, upon receipt of a request from the Chair or a majority of the committeemembers. Face-to-face meetings of these committees may be called in a similar manner when requested orapproved by the Board of Directors, President or Executive Director.USA Cycling Racing Rules
Create USA Cycling Racing Rules as follows.1A. Definitions.
The following special terms are used.1A1. A bicycle race is a competition among persons using bicycles where awards are given on thebasis of relative performance.1A2. A race meet is one or more races covered by a single event permit and is not necessarily limited to asingle day.1A3. An invitational race is a bicycle race in which only riders or teams who are invited by theorganizer may compete.1A4. An international race is an invitational race in which teams or riders representing foreignfederations compete.1A5. An event permit is a non-exclusive authorization issued to an organizer to conduct a racemeet or event of a specified type at certain location(s) on specified date(s).1A6. A permitting organization is an organization that issues event permits, such as USA Cycling or oneof its Member Associations.1A7. The organizer of a race is the person named as such in the event permit. This person is responsiblefor the proper organization of the race meet.1B. Rule Applications, Exceptions, and Additions.
These Racing Rules apply to all races that have been issued event permits by USA Cycling orby one of its Member Associations. However, for Olympic and other international events (even whenheld in the USA), applicable regulations of the organization that authorizes the event shall takeprecedence over those of USA Cycling.1B2. The organizer may add special rules as needed for a particular race or may devise novel racerules provided that:(a) These additional rules are not in conflict with the rules of USA Cycling;(b) They are approved by an administrator of the permitting organization or the chief official; and,(c) They are made available in written form to the participants before the race.1B3. The organizer may use rule exceptions, which may be in conflict with the rules of USA Cycling,only with prior approval of the Executive Director for special circumstances in a particular race meet.Requests for exception must be made in writing to the Executive Director.1B4. Specific Rule Precedence. Whenever a specific rule is in conflict with a more general rule, thespecific rule takes precedence.1C. Event Permits.
1C1. Event Permits may be issued by either USA Cycling or a Member Association.
(a) An event permit is invalid when consent for a bicycle race has been denied by the governmental orproperty authorities who have jurisdiction over the race venue. A conditional permit may be issued if theauthorities cannot give their consent unless an event permit has been issued.(b) By granting an event permit, the permitting organization makes no warranties or a representation,expressed or implied, and does not guarantee the participation of specific riders or numbers of riders.(c) USA Cycling grants the use of its emblem or trademark in race announcements only for events for whichit has issued an event permit.1C2. Organizer Responsibilities.
The organizer shall be responsible for specifying and directing the general conduct of the event and especially for meetingobligations to public authorities.(a) Each organizer shall agree to abide by and enforce USA Cycling Regulations as well as decisions made byofficials and other agents of the permitting organization in accordance with those Regulations.(b) Organizers shall agree that the safety of participants and spectators is an essential considerationand shall take reasonable acts as necessary to promote those objectives.(c) Organizers shall agree to give written advance notification regarding the race to any government orproperty authorities who have jurisdiction over the race venue and to abide by all regulations or agreementsestablished by those authorities regarding the race.(d) Organizers are obligated to arrange in a timely manner for any third party liability insurance, whetherobtained through USA Cycling or elsewhere.(e) Organizers who receive an event permit from USA Cycling Shall require a written entry from each raceentrant, the entry form must be signed by the entrant and a parent or legal guardian of any minor entrantbefore the start of the race, and it must include the terms of the Standard Athlete’s Entry Blank andRelease Form as published by USA Cycling. The organizer shall keep the form for seven years, availablefor use by USA Cycling or in any legal proceedings.(f) Organizers who invite foreign teams to compete without applying for International Race status andfollowing UCI procedures may have their event permit revoked.1C3. International Races.
Event permits for international races may be issued only by USA Cyclingand the term “international” may be used in a race title only for such events.(a) Applications for international event permits must include any event permit fees specified in the Scheduleof Fees and must demonstrate that:(1) Appropriate measures will be taken for validation of records, if any, established during thecompetition;(2) Due regard will be given to the requirements and rules of the UCI and USA Cycling applicable tothe competition;(3) The competition will be conducted by qualified officials;(4) Proper medical supervision will be provided for athletes who participate in the competition;(5) There will be funds to responsibly meet the financial obligations of the competition and sufficientstaff to properly and adequately organize the competition; and that(b) USA Cycling shall promptly review each such application and, if there is not clear and convincingevidence that holding the race would be detrimental to the best interest of the sport, it shall request that therace dates be approved by the appropriate international cycling body for placement on an international calendar.(c) Not later than 30 days prior to the start of an international event, the organizer must deposit in anescrow account an amount equal to half the value of the entire prize list. If for any reason the race is notheld on the established date(s), the escrow account shall be payable in full to the Federation. Failure toestablish such account shall be sufficient reason for cancellation of the race permit.1D. Helmets.
1D1. Motorcycle Helmets Mandatory.
At all times when participating in an event held under these rules, all motorcycle drivers and passengers shall weara securely fastened helmet that meets the U.S. DOT motorcycle helmet standard.1D2. Bicycle Helmets Mandatory. At all times when participating in or preparing for an event heldunder these rules, every person who is riding or seated upon a bicycle shall wear a securely fastened helmetthat meets one of the following standards:(1) American National Standards Institute (ANSI) standard Z90.4;(2) Snell Memorial Foundation Standard “B” or “N” series;(3) American Society for Testing and Materials (ASTM) standard F-1447 or F-1751;(4) Canadian Standards Association (CSA) standard CAN/CSA-D113.2-M;(5) U.S. Consumer Product Safety Commission (CPSC) standard for bicycle helmets;(6) U.S. DOT motorcycle helmet standard.Riders shall show documentary proof of meeting one of these standards, such as a manufacturer’s label, uponrequest by event officials. Beginning January 1, 2010, only CPSC and DOT helmet standards will be recognized.1D3. Responsibility; Warranties.
The use of such helmets is strongly recommended for all bicycle riders. It is the rider’s responsibility to select andwear such a helmet which offers sufficient protection against head injury and does not restrict the rider’svision. USA Cycling makes no warranties or representations regarding the protective adequacy orfitness for competition of any helmets and a rider, by entering an event conducted under these rules, agreesnot to sue and to hold harmless USA Cycling from any and all claims arising from the use of any particularhelmet.1E. Medical Control.
[Include the 1999 version of USA Cycling Bylaw N (Medical Control) together with any amendments tomedical control regulations that have been properly adopted by October 31, 2001, but renumber thesections to conform with the numbering scheme used in these Racing Rules.]1F Records1F1. Qualifications
(a) USA Cycling national records shall be recognized for United States citizens in events that arerecognized for world records by the International Cycling Union (UCI) provided that the event wasissued a permit by USA Cycling or another national governing body affiliated with the InternationalCycling Union.(b) All claims for records must be based on events that were conducted in accordance with the rules ofthe body that issued the race permit. A record claim must be submitted on the official form supplied byUSA Cycling and must be signed by the chief official and at least one other official who witnessed theevent.(c) If more than one record of a given type is claimed in some 24 hour period, only the fastest one in thatperiod will be recognized.1F2. Course Measurement and Timing for records set under a USA Cycling race permit must meet thefollowing standards.(a) Claims for records shall be accompanied by a statement from a registered surveyor or registeredengineer certifying the distance to be correct within one part in 10,000 and the certification mustspecifically state that the measurement was carried out in accordance with these measurement rules. Forrecords over a particular distance, certification must be done before the event.(b) On road courses, the measurement of distance shall be along the shortest safe possible path for theriders to take. Around curves the measurement shall be made 40 centimeters from the inside curb or centerline.(c) On tracks, distances shall be measured at the inside edge of the measurement line.(d) All original timing data shall be preserved and submitted with the record application.(e) In multi-lap events, each timer shall submit time readings for each lap to verify the lap count and overalltime.(f) Record times shall be based on automatic electronic timing and there must be at least twoindependent timings. When one automatic and one or more manual times are available, the automatic timeshall be used provided that they are consistent.(g) Timings in pursuit events may be treated as time trials provided that the rider or team did not approachan opponent within 25 meters at any time during the event.1F3. Medical Control. For records set under a USA Cycling race permit, the rider(s) involved must betested in accordance with Rule 1E.The 2001 versions of the following are to be included in USA Cycling Racing Rules, including any amendmentsthat are properly adopted by October 31, 2001: USCF Racing Rules are separated into “Road RacingRules” and “Track Racing Rules;” NORBA Racing Rules become “Mountain Bike Racing Rules;”NBL Racing Rules become “BMX Racing Rules.”