Steve Irwin wrote:
noofus wrote:
In this case I think the loophole she is trying to exploit is that she is not an annual member of USAT, and plans to only buy a one-day license. Therefore USAT can't come around looking for a test from her because she is not a member of the NGB.
Read the pdf I linked to of the case where someone got an 8 year ban, even though he thought he was no longer subject to testing. The only loophole would be if she has never competed in her life in a sport that falls under the WADA code. Once she has competed and signed up to complying with the WADA code, she can be tested from then on unless she formally notifies retirement, at least that is my understanding based on the case I linked to.
So, for example, in the UK, someone can turn up and ride at a "come and try it" club 10 mile TT without being a member of any organisation. But they will need to sign the signing on sheet to take part, and in doing so they are signing up to complying with the WADA code. As I understand it, from that point on, they can be tested in or out of competition, for the rest of their life, until they formally notify retirement.
I'm not sure that's entirely the case. I'd like to see the actual WADA code section that is applicable than a reference to a section in a particular national ADA's rules, which may or may not be co-extensive with the WADA code.
I also think the pdf you posted may be an example of a bad set of facts being used to extend the jurisdiction of the governing body. Reading between the lines, or even not, it seems like the athlete in question was trying to game the system, just like the person referenced in the OP. And if this kind of rule is designed to only cover those situations, where someone is trying to find a doping loophole, I have no problem with it. And for practical purposes, I can't imagine a governing body or ADA having the resources to go after former members.
But if we're going to have rules, we have to be able to interpret them across the board, and they have to also make sense across the board. It's one thing to crack down on cheats gaming the system, but it's another to expect that someone who has left the sport without formally resigning can possibly be subject to testing and a ban.