Have The Stewards Made An Error Of Fact?

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Monday 8th September 2008

Either Lewis Hamilton was punished for leaving the racetrack or he was punished for gaining an advantage when he did so. The stewards have got themselves into a muddle for claiming it was both...

The three race stewards who imposed a 25-second race penalty against Lewis Hamilton have raised more questions than answers - and possibly erred in legal judgement - in declaring that they punished the McLaren driver for leaving the racetrack by describing it as 'fact' that he gained an advantage when cutting the chicane.

Refusing to publicly explain their decision, the three stewards - Nicholas Deschaux, Surinder Thatthi and Yves Bacquelain - instead opted to announce their ruling in a press release through the FIA.

Short on words, the statement, which began by confirming that the 'Stewards determine a breach of the regulations has been committed', listed as 'Fact' that Hamilton 'Cut the chicane and gained an advantage' and specified as 'Offence' the 'Breach of Article 30.3 (a) of the 2008 Formula One Sporting Regulations and Appendix L chapter 4 Article 2 (g) of the International Sporting Code.'

While post-race debate focused almost exclusively on whether Hamilton had gained an advantage when he cut the chicane and if he then surrendered it, the 'offence' for which the stewards declared he had been punished made the issue totally irrelevant.

Article 30.3 (a) of the 2008 Formula One Sporting Regulations' makes no mention of whether an advantage had been gained and instead states that 'During practice and the race, drivers may use only the track and must at all times observe the provisions of the Code relating to driving behaviour on circuits'. The near-identical Appendix L chapter 4 Article 2 (g) of the International Sporting Code adds that 'The racetrack alone shall be used by drivers during the race'.

In other words, Hamilton was purely and simply punished for leaving the racetrack when he cut the chicane.

Such a vague and all-encompassing stipulation in the rulebook gives the stewards considerable latitude. In effect, it allows them to punish any and every driver in the field on every occasion they leave the tarmac. However, given that Hamilton was far from being alone in leaving the race track on Sunday then their decision to focus exclusively on the McLaren driver's whereabouts is bound, once again, to prompt talk of bias and witch-hunts.

Were the stewards to have been inclined to maintain a consistent line then they would, for instance, have had to punish Kimi Raikkonen for leaving the racetrack at the Pouhon corner as he strived to retake the lead. Likewise, Nico Rosberg, with whom both Hamilton and Raikkonen nearly crashed before the Finn temporarily regained the lead of the race as he overtook both cars under a yellow flag, should, if the stewards' application of the rules was consistent, have suffered an identical punishment to Hamilton for sliding off the track and on to the grass.

Technically, as the team cannot dispute that Hamilton left the racetrack, the citation of Articles 30.3 (a) and chapter 4 Article 2 (g) leave McLaren with no room for manoeuvre or appeal.

However, their legal team is instead bound to focus upon the line in the stewards' ruling that reads 'Fact - Cut the chicane and gained an advantage'. In fact, the question of whether Hamilton gained an advantage remains a matter of dispute rather than 'fact' - the only 'fact' is that it is the stewards' opinion that Hamilton gained an advantage. By claiming otherwise, and seemingly basing their right to impose a penalty upon their claimed 'fact', the stewards may have made an error that will enable McLaren to contest their ruling.

For while McLaren cannot argue against the fact that Hamilton left the track, they can argue against the assertion that it is a fact he gained an advantage and the rights of the stewards to claim it is a fact and act accordingly. Were the stewards to be found wrong in doing so then the legitimacy - as well as the accuracy - of their ruling would then have to be called into fresh question.

Pete Gill

Your Comments

TonyW

"This article clearly demonstrates that the FIA's management of F1 is a pathetic shambles. Farcically the rules are ambiguous and their selected arbiters unfit for the task assigned to them. The 3 totally incompetent Belgian GP stewards crazily penalise Lewis citing an advantage gained but justify this by quoting an Article that requires drivers to stay on track.

If Lewis lost the race for breach of that Article many other drivers would also need to be punished including, perhaps, even Massa and Heidfeld.

No wonder the stewards refuse to explain themselves: they could not and would only dig an even bigger hole for themselves. Although it's likely that they will try to remain 'unavailable', they must be held to account and required to explain and justify the penalty in a legal hearing. All of F1s shocked and disgusted fans will then know what exactly happened her and who is responsible. For example what, if any, part in the decision making process did Whiting, Donnelly and Mosley have.

Sadly, the issues and concerns raised in this article will mean that the FIAri will disallow the the Mclaren appeal - which is more important than ever!

Finally this shows just how important it is that the demands for professional stewards made by JY Stewart, N. Lauda."

anuj_gargsons

"by jumping a chicane ... u take a short cut and gain an advantage.... by going on the outside... u take a longer route and therefore do not gain any advantage... its not that diffcult to understand unless u are a 5 th grader or a lewis loving brit.... "

cgmjw

"In my opinion what happened in the race on Sunday was racing FULL STOP!

At the start of just about every GP I watch I see cars taking to run off areas and escape roads to avoid accidents/gain an advantage and places, and never to my knowledge has a complaint been made and a penalty imposed. In the case of the final two laps at Spa, KR was not driving flat out and had become pretty defensive and LH had realised this. He attacked at the final chicane only for KR to squeeze him onto the grass (racing) what followed was LH returning the advantage to KR only for the Englishman to adapt to the racing situation and conditions better than his Finish rival and overcome the Champion at the next corner. The final lap and half was then breathtaking stuff as both KR and ultimately LH dealt with just about everything that could be thrown at them in a GP as best they could� it was scrappy, ugly looking at times but extremely exciting. It was one of the best duels of the year at the end and a magnificent race overall. I�m just devastated for the sport right now because this sort of post race interference that affects the overall standings does nothing to inspire anyone into following/taking part in the sport. Sportsmanship and fair and great racing were on offer this weekend and all we got out of it was bureaucracy at its worst!!

Matt

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