HEAVEN TO RUN PRE90 IN 2011

[jerry]

Davey probably like your self I'm from the 50's. Cheers "The Real" Jerry

[montynut]

As for the constitution preventing the running of pre90 thats rubbish if the committee see pre90 to be in the best interests of the club just run with it. A constitution doesn't legally bind you to do anything.
           GEORGE

It appears you have no idea how a club works so discussion is pointless . I hope the Pre90 group get going and that they see the value in co-operation with Heaven and not be destructive for VMX in NSW.

I also hope they correctly incorporate the organisation/club/association under the Department of Fair Trading to protect themselves and families as best possible from legal action this naturally needs a constitution to be registered and followed. Just like every sporting club or none profit organisation in NSW.

[worms]

A constitution can be made up of two parts;
the rules which include the basic principles
of the group and can be changed only by a
General Meeting, and the regulations or
by-laws which can be changed by the
committee.
You can place almost anything within a
constitution. However many aspects of your
club’s operation are more easily handled
outside the formality of the rules. For
instance, you would not include the
membership charges or club colours in the
rules. The rules in your constitution should
relate to the administration of the club.
They should not relate to the conduct of
the activities of the club. Additional nonadministrative
rules should appear in
regulations and by-laws. A clause in the
rules empowering the committee to make,
alter or delete regulations or by-laws should
appear in the constitution.

sometimes using the term" it's not in the constitution" is very loose. You guys would be far better to say it was voted down at a agm, than the above expression.

Cheers Worms

[montynut]

Worms,
You are partly correct as I understand it. Any organisation/club has a Constitution which is the operational rules and sets out the objectives of the Club within this Constitution it can call into action by-laws and rules. These by-laws and rules are not actually part of the constitution and can be much more easily changed by the Committee or members. I think we are saying the same thing basically. Only the formal Constitution is registered and administered by the Department. By-laws and rules are not submitted to any Department for registration. This is NSW only not sure for other states and naturally by-laws and rules can not contradict the Constitution. So the by-laws or rules can not specify a pre90 class if the Constitution precludes it. That would seem pretty obvious

Unfortunately or fortunately depending on your view the registered Constitution of Heaven does not allow bikes built 1985 or later.

[Shaun G]

It appears you have no idea how a club works so discussion is pointless . I hope the Pre90 group get going and that they see the value in co-operation with Heaven and not be destructive for VMX in NSW.

Hi Monty

The new group will be focussed on providing an outlet for riders to compete on the best tracks that NSW has to offer on machinery built up to 1989. I for one certainly see the value in co-operation however it would seem likely that at this point this desire to co-operate would not be reciprocated. We will be participating with other clubs so are restricted to setting our calendar by their dates. If there is to be date clashes then yes I would agree that this would be destructive to VMX in NSW. However after trying since 2006 to have HEAVEN embrace later year cut-off's with no luck this situation has become unavoidable. 

I also hope they correctly incorporate the organisation/club/association under the Department of Fair Trading to protect themselves and families as best possible from legal action this naturally needs a constitution to be registered and followed. Just like every sporting club or none profit organisation in NSW.

RETRO MX INCORPORATED was registered with Fair Trading on November 5. The legal and insurance requirements attached to this are being attended to at the moment.

Cheers
Shaun

[montynut]

Hi Shaun,
That all sounds good and wish the group all the best. Hopefully we can all work together or at least respect the others objectives to enjoy our old dirt bikes and not work at odds. After all that is what it is all about enjoying the riding.

Greg

[Shaun G]

Hi Greg

I have been, and intend to continue to be, a member of HEAVEN for many years and believe me that I have no intention of harming the club. As you say it is all about mutual respect and enjoyment of old bikes. The definition of what constitutes an old bike is really the only point of difference between the two arguments.

As I have said many times in the past my fear is that by having two groups pursuing already small markets that intersect, can only mean that either one or both of the groups will suffer in the long run. In addition to our group of long term participants Retro MX Inc is receiving a groundswell of support from younger, new to the sport, participants. As the earlier classes decline I feel confident that we are currently in the best position to accommodate the next generation of CMX riders.

Cheers
Shaun