mmm yeah, this happens when you get booted off of race after u spawn.

something similar happens to jack and speed races. for example:
try joining a new map as vagabond where someone is already on vagabond in ur team, u get BOOTED off the race.
then if u switched to Jack for example, u can change ur weap instantly, but you are SLOW, and without a longjump, i.e the spawning powers dont activate...

maybe something similar in a way that the cooldown restriction for eye rae, which is supposed to be trigered at SPAWN, is not being activated because u arent "spawning" as eye rae, but as another race, u are merely "becoming" eye rae, without spawning.

in other words, perhaps haxor is able to spawn people instantly because the cooldown restriction which should have activated at "spawn" is not being triggered bcos he's "spawning" as something else... and all the race knows is that it has an ulti that it can use without restriction...
a fix for that would probably be to trigger the "cooldown" when u "become an eye rae" (same time mechanism used to announce to a player what race he just became) as opposed to when u "spawn as eye rae"... technicalities are a bitch