2019 US Virgin Islands Code
Title 32 - Sports and Parks
Chapter 12 - Automobile Racing
§ 232. Supervision and regulation of automobile racing
(a) Automobile racing on the Islands of St. Croix, St. Thomas and St. John shall be supervised by the St. Croix Automobile Racing Commission and the St. Thomas-St. John Automobile Racing Commission, as appropriate, as established within the Department of Sports, Parks and Recreation pursuant to the provisions of section 210 of this chapter and subject to the general direction and control of the Governor of the Virgin Islands.
(b) The St. Croix Automobile Racing Commission and the St. Thomas-St. John Automobile Racing Commission shall meet jointly from time to time as the “Virgin Islands Automobile Racing Commission” (hereinafter referred to as the “Virgin Islands Commission”). The Chairman of the St. Croix Automobile Racing Commission shall serve as Chairman of the Virgin Islands Commission during even-numbered years and the Chairman of the St. Thomas-St. John Automobile Racing Commission shall serve as Chairman of the Virgin Islands Commission during odd-numbered years. The Virgin Islands Commission is hereby authorized, subject to the general direction and control of the Governor, to regulate all matters relating to automobile racing. The Virgin Islands Commission shall, after due notice and public hearings, adopt and amend rules and regulations for automobile racing, which rules and regulations, after approval by the Governor and filing in accordance with the provisions of section 933, Title 3 of the Virgin Islands Code, shall have the force and effect of law. The Commissioner of the Virgin Islands Commission shall have the following powers:
(1) To prescribe the rules and conditions by which the holding of automobile races shall be governed, and to fix the dates and places for the holding of such races;
(2) To prescribe the qualifications of persons who engage in any automobile racing activities;
(3) To provide for the classification and registration of automobiles for racing in the Virgin Islands as a condition precedent to eligibility for participation in automobile racing;
(4) To authorize and regulate the use of mechanical and photographic devices for the purpose of, among others, determining the development and order of finish of races;
(5) To provide for the licensing of automobile mechanics and other persons directly involved in the care and maintenance of automobiles used in automobile races;
(6) To prescribe and provide for the imposition of administrative fines and penalties, including suspensions and the revocation of licenses, for violations of this section or of any rules and regulations promulgated hereunder; provided that such fines may not exceed $200 and such suspensions may not exceed six months; and provided further, that no fine, suspension, or revocation may be imposed except after due notice and hearing, including representation by counsel afforded to the accused person. Any penalty which involves a fine may be enforced in any court of the Virgin Islands; provided, that no fine may be imposed under this section for any act or omission which is a criminal offense under any other provision of this code;
(7) To hold hearings on any matter concerning automobile racing, to issue subpoenas for the attendance of witnesses, to administer oaths and affirmations, and to examine witnesses in all matters pertaining to this chapter;
(8) To delegate to the St. Croix Automobile Racing Commission and to the St. Thomas-St. John Automobile Racing Commission, the authority to exercise or implement any of the foregoing powers; provided, that the exercise or implementation of such powers shall apply only in the island involved, and provided further, that the delegation of power is not otherwise inconsistent with the public interest in the uniform administration and enforcement of this chapter.
(c) The St. Croix Automobile Racing Commission and the St. Thomas-St. John Automobile Racing Commission shall each appoint three Stewards, two Judges, and one Racing Secretary. One Judge, two Stewards and the Racing Secretary appointed by each Commission shall serve for two years, and the other Judge and Steward shall serve for one year; thereafter appointments shall be for two years, except that any person appointed to fill a vacancy occurring prior to the expiration of a term shall serve only for the remainder of the term. An appointee may be removed by the pertinent Commission for cause. The Racing Secretary shall perform the necessary administrative functions and the Judges and Stewards shall officiate at automobile races. In addition to other penalties provided for under this chapter, the Judges and Stewards, by three affirmative votes, may, without hearing, suspend the license of any person for the violation of any provision of this section or of any rules and regulations promulgated hereunder, for not more than three racing days. The officials may also institute proceedings before the pertinent Commission for the imposition of fines, or for the revocation or suspension of licenses in excess of three racing days based upon charges of violation of this section or any pertinent rule or regulation.
(d) No person may be designated, appointed, or employed as a Judge, Steward, or in any capacity having to do with the enforcement or administration of this chapter, who has any pecuniary interest, direct or indirect, in any automobile registered for participation in automobile races in the Virgin Islands.
(e) Any person affected by the orders, decisions, suspensions, or fines imposed by the Virgin Islands Commission, the St. Croix Automobile Racing Commission or the St. Thomas-St. John Automobile Racing Commission, may appeal to the Superior Court of the Virgin Islands; provided, that the appeals may not stay the effect of the orders, decisions, suspensions, and fines pending the final decision of the Court, except by specific order of the Court. In cases of fines, the person fined may neither register nor enter an automobile in a race unless he deposits with the Virgin Islands Commission the amount of the fine, which shall be reimbursed to him if the determination of the Court is favorable to him. All appeals shall be filed with the Court within ten (10) days after notice has been served on the aggrieved person.
(f) The St. Croix Automobile Racing Commission and the St. Thomas-St. John Automobile Racing Commission shall prepare quarterly and annual Profit & Loss Statements on automobile races pursuant to this chapter. The quarterly and annual statements must include a profit and loss statement for each automobile race held in the district of St. Croix and each automobile race held in the district of St. Thomas-St. John under the Commissions' authority and must be made available to the appropriate Committee of jurisdiction within the Legislature of the Virgin Islands and to the Department of Sports, Parks and Recreation.
