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Posts tagged with "fine"

UniFacepalm

First of all, sorry for the long absence. I've had a lengthy spell where everything I've wanted to write has been either live-commenting or small enough to fit in a tweet or two. Neither fits my blogging style. I'll try not to let 10-week absences happen again.

 

Fury ignited this entry. It's the ongoing situation in Bahrain. Up until now, it's been a matter of ethics and safety whether F1 goes or not. Thanks to the Bahrain organiser's actions, it's become a matter of regulations.

 

I speak of the "UniF1ed" campaign - something which apparently has been happening for a while but only came to my attention last night.  The organisers of the race may or may not have originated the campaign, but they are enthusiastically participating in it. Little do they appear to realise that they have endangered their race by doing so.

 

I draw your attention to the tagline "One Nation in Celebration". The pedants among you will deem this false - F1 is a worldwide event so, barring disaster, "Many Nations In Celebration" would be more accurate. The font used for it on the poster is difficult to read, but that's even more nit-picky. The big problem, however, is that it expresses a link between F1 and national unity. 

 

Linking F1 and national unity probably doesn't seem that big a problem. It may even seem close enough to pro-social and "sport is good" themes to be helpful. I can only assume that was what the organisers thought when they decided to go down that path. Unfortunately for them, Article 1 of the FIA Statutes (PDF), in wording combined with its application and the reason for its existence, indicates otherwise.

 

Article 1 of the FIA Statutes says, among other things:

 

"The FIA shall refrain from manifesting racial, political or religious discrimination in the course of its activities and from taking any action in this respect."

 

Many thanks to the Midweek Motorsports Listener Collective on Facebook, particularly with regard to finding an ad in the campaign that further demonstrates the link the organisers are making between F1 and politics.

 

You may be wondering why I am using "linking F1 and politics" as synonymous with the "racial, political and religious discrimination" actually mentioned in Article 1 of the FIA Statutes. This is down to two things: the way Article 1 has been implemented and the reason Article 1 is required to exist.

 

The most recent use of Article 1  was to convict the Turkish GP organisers (TOSFED) of using the 2006 podium ceremony for political gain. Mehmet Ali Talat presented one of the trophies. This in and of itself wasn't a breach of Article 1. Had he been described as the regional governor of Turkish Cyprus, everything would have been fine (except for possible grumblings within Cyprus and Turkey). However, he was described as the head of state of the Republic of Cyprus, a state not recognised by the UN but is recognised by Turkey. That was deemed a breach of Article 1 of the FIA Statutes and of Article 151c of the International Sporting Code. This was for a one-off incident that was relatively subtle in its political aims and, importantly, did not connote political discrimination, only express a controversial political point. 

 

Yes, part of the fine was for Article 151c, but a more significant breach of Article 1 would be sufficient for any penalty the FIA has to be levied. The "UniF1ed" campaign is clearly not a casual breach, nor is it a question of tick-boxing. Article 35 b) specifically mentions that any club not acting according to the expectations of the FIA (including by breaking any of the Statutes) can be struck off the roll. That is to say, the entire club and all associated activities can be dissolved. Obviously, this would include the very Grand Prix Bahrain was attempting to protect.

 

There is nothing in the Statute that requires a political statement to be true or demonstrable in order for it to be usable. Technically speaking, even explicit FIA approval wouldn't work, unless the message was specifically against racial, political or religious discrimination. "UniF1ed" isn't. Instead it is a message suggesting political unity already exists, which doesn't meet the exemption requirement. 

 

As for why Article 1 of the FIA Statutes exists, it's mandatory for non-political organisations registered in France. This is because anti-discrimination and apolitical approaches are considered key elements in the sorts of groups France allows to be registered with them. If the FIA overlooks a breach of Article 1, it is under serious risk of being sent to the French civil courts and penalised. Dissolution is entirely possible, as is a large fine and (at least partial) loss of its autonomy over judging its own motorsports events.

 

That would open the door to everything from pitlane speeders to technical flouters to use the civil courts to challenge every single decision the FIA makes. Motorsport would grind to a halt. That assumes a lack of dissolution - that scenario would obviously have a serious deletrious effect on every branch of motorsport, including ones that never in a million years considered going to Bahrain.

 

Clearly none of this is in any motorsport fan's interest. It certainly doesn't help Bahrain organisers any! 

 

There is no longer any need to reference political strife or anyone's safety to justify not going to Bahrain. Regulations now demand refusal to race - and refusal to support the race. Many have suggested this be done in the form of a boycott.

 

Thanks to the combined efforts of Sky (inaccessible, unaffordable and unethical) and BBC Radio (unintelligible in the races), I won't have a choice about watching the race. The most I'd have been able to do was follow it on Twitter. Having already had the difficult bit taken out of my hands, I am quite happy to boycott the 2012 Bahrain Grand Prix completely. The powers-that-be have already demonstrated they don't care about viewer figures due to sending the UK live rights to Sky, so I doubt the boycott will achieve anything. 

For that matter, I'm not convinced the situation is safe enough to enable a viable attempt to hold the 2012 Bahrain GP. If inviability makes for a race cancellation on force majuere (which incidentally has to be done by the FIA if there is to be a Bahrain 2013), that would be helpful in the short term.

 

The breach of Statute would make the validity of copyright use of "F1" within "UniF1ed" questionable too. The licence the organisers have to include F1 in their marketing would surely not include uses in materials breaching the regulations, particularly ones underpinned by law. Some of the cases Bernie has lost on the topic mean there is not sufficient evidence for certainty in either direction. Even so, that wouldn't be Bahrain's biggest likely problem.

 

Its biggest problem in that scenario is that Bahrain would likely lose the race... ...on account of there being no viable authority to contract the race from in the first place. 


For these reasons, it is wrong to support a race that's being used to support political strife in contravention of Article 1 of the FIA Statutes. As in, it's such a big contravention that, at minimum, the FIA will lose its ability to be the first and final place of judgment for matters involving its own series (everything would have to be made subject to the French civil courts). The French courts are rather sensitive about the whole "no politics" thing for non-political organisations. The moment Bahrain's organisers issued the "UniF1ed" ad campaign, it was in contravention of the regulations. That the FIA has (so far) let that campaign go ahead without comment is contemptible and puts the FIA - and every single series it runs, including those who'd never have gone to Bahrain in a million years - in a very vulnerable position.

It's in F1's and the FIA's interest not to wait for force majuere to come into effect, but to protect themselves by cancelling on the grounds of FIA Statute Article 1 breaches.


Until then... ...I don't see why I should have to applaud or condone the FIA's attempted self-destruction.

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Penalties and Stewards (After Germany 2011)

In this entry, I log penalties after each race, primarily for figuring out who is on the path to a grid drop.

 

Each race, I will list steward's investigations as indicated on the FIA website and on other reputable sites. For each driver who has been subject to such an investigation, I will list how many reprimands (with "procedural" reprimands such as missing the driver parade in brackets), incidents attracting more than reprimands and investigations where no penalty was given. Reprimands are the lowest penalty the FIA can give, so there is no need for a "penalties less than a reprimand" category.



Try not to worry if you see your favourite driver with a long list of "investigations", for I intend to include any incident where they were cited in the investigation. It may be more helpful to think of it as a "trouble magnet" score than a "trouble causer" one. If your driver (or team) does not appear at all, they haven't been involved in anything that has attracted the stewards' attention so far.



Some penalties do not appear to be put onto the FIA website. As far as possible, I will track these too, linking to where I found out the infraction had occurred.



Teams aren't affected by this directly, but I decided to track their penalties too. Just because I felt like it. Also in the "just because I felt like it" category is the steward tracker, giving who's done how many races and where. Both start counting from the British Grand Prix.

Stewards this meeting:

 

Tom Kristensen, Garry Connelly and Farhan Vohra. This is distinctly odd as there should be four stewards each race. However, the FIA official documents had become locked before I was able to read them, so it's possible the fourth steward's identity simply wasn't recorded elsewhere.

 

Once this year:

 

 Nigel Mansell, Nicholas Deschaux, Lars Osterlind, Dennis Carter, Tom Kristensen, Garry Connelly and Farhan Vohra.

 

Incidents this race:

 

Speeding in pit lane

Involved: Lewis Hamilton

Penalty: Fine

 

Fuel not matching pre-race sample

Involved: Sebastien Buemi

Regulations cited: Article 19.8.3, Technical Regulations

Penalty: Qualifying times cancelled 

 

Collision between Paul di Resta and Nick Heidfeld (lap 1)

Involved: Paul di Resta and Nick Heidfeld  

Penalty: Drive-through for Nick Heidfeld (unserved due to incident below)

 

Collision between Nick Heidfeld and Sebastien Buemi (lap 11)

Involved: Nick Heidfeld and Sebastien Buemi

Penalty: 5-place grid drop for Buemi at the next race (Hungary) 

 

Driver penalty tracker:

 

Mark Webber

Reprimands: 0

Penalties exceeding reprimand: 0

Investigations: 1 (DRS FP1 - Britain)



Lewis Hamilton

Reprimands: 0

Penalties exceeding reprimand: 1 (Fine for speeding - Germany)

Investigations: 1 (DRS FP1 - Britain)



Jenson Button

Reprimands: 0

Penalties exceeding reprimand: 0

Investigations: 1 (Unsafe release - Britain)



Michael Schumacher

Reprimands: 0

Penalties exceeding reprimand: 1 (10-second stop/go for collision with Kobayashi - Britain)

Investigations: 0

 

Nick Heidfeld

Reprimands: 0

Penalties exceeding reprimand: 1 (collision with di Resta - Germany)

Investigations: 1 (collision with Buemi - Germany)



Kamui Kobayashi

Reprimands: 0

Penalties exceeding reprimand: 0

Investigations: 2 (Unsafe releae & collision with Schumacher - Britain) 

 

Paul di Resta

Reprimands: 0

Penalties exceeding reprimand: 0

Investigations: 1 (collision with Heidfeld - Germany)

 

Sebastien Buemi

Reprimands: 0

Penalties exceeding reprimand: 2 (Non-matching fuel & collision with Heidfeld - Germany)

Investigations: 0 

 

Team penalty tracker:



McLaren

Reprimands: 0

Penalties exceeding reprimand: 1 (€5000 fine for unsafe release - Button - Britain)

Investigations: 0


Sauber

Reprimands: 0

Penalties exceeding reprimand: 1 (€20000 fine for unsafe release - Kobayashi - Britain)

Investigations: 0  

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Penalties and Stewards (After Britain 2011)

The FIA's recent regulation changes (technically not permitted as it is mid-season and not safety-related, but not a battle the teams chose to fight)  include giving 10-place grid drops to any driver getting three reprimands in a season. Article 18.2 says that drivers receiving 3 reprimands in a season will receive a 10-place grid drop at the next race where it is possible to enforce the penalty. 

 

It is unclear whether penalties more severe than reprimands will be counted towards the three. What is known is that being late to the driver's parade or press conference 3 times won't trigger the 10-place grid drop - at least 2 of the reprimands must be for dodgy on-track driving of some description. All grid drops will be in addition to any fines or other penalties deemed appropriate at the time of the incidents.

 

Counting starts as of the British Grand Prix, so even if a driver had 100 reprimands beforehand (as it feels as if Lewis Hamilton's had) will not be penalised for having a somewhat wild early season. 

 

I intend to log penalties after each race to enable us to figure out who's where along the route to grid drops. Each race, I will list steward's investigations as indicated on the FIA website and on other reputable sites. For each driver who has been subject to such an investigation, I will list how many reprimands (with "procedural" reprimands such as missing the driver parade in brackets), incidents attracting more than reprimands and investigations where no penalty was given. Reprimands are the lowest penalty the FIA can give, so there is no need for a "penalties less than a reprimand" category. 

 

Try not to worry if you see your favourite driver with a long list of "investigations", for I intend to include any incident where they were cited in the investigation. It may be more helpful to think of it as a "trouble magnet" score than a "trouble causer" one. If your driver (or team) does not appear at all, they haven't been involved in anything that has attracted the stewards' attention so far.

 

Some penalties do not appear to be put onto the FIA website. As far as possible, I will track these too, linking to where I found out the infraction had occurred. 

 

Teams aren't affected by this directly, but I decided to track their penalties too. Just because I felt like it. Also in the "just because I felt like it" category is the steward tracker, giving who's done how many races and where. Both start counting from the British Grand Prix.

 

Note: all links are to the FIA document unless otherwise indicated. They won't work after the build-up to next race unless you have a password, but I don't know anywhere else that keeps copies of the original documents on the internet. 

 

Stewards this meeting:

Nigel Mansell, Nicholas Deschaux, Lars Osterlind and Dennis Carter. 

 

Steward tracker: 

 

Once this year:

Nigel Mansell, Nicholas Deschaux, Lars Osterlind and Dennis Carter. 

 

Incidents this race:

 

DRS activation in (wet) FP1 session (document 18)

Regulation(s) cited: None

Involved: Mark Webber and Lewis Hamilton

Verdict: No further action required (possible glitch?)

 

Unsafe release of Jenson Button in race (document 43)

Regulation(s) cited: Article 23.1 (j), Sporting Regulations

Involved: Jenson Button

Verdict: €5000 fine for McLaren, but no penalty for Button (he parked as soon as practicable, but a badly-attached wheelnut is a badly-attached wheelnut)

 

Unsafe release of Jenson Button in race (document 44)

Regulation(s) cited: Article 23.1 (j), Sporting Regulations

Involved: Kamui Kobayashi

Verdict: €20000 fine for Sauber, but no penalty for Kobayashi (fine possibly bigger than McLaren's due to Pastor Maldonado being lightly hit and a Force India airgun being broken, but Kamui not deemed to have aggravated the incident)

 

Collision between Kobayashi and Schumacher (grandprix.com race report)

Regulation(s) cited: None (Article 16 Sporting Regulations implied)

Involved: Kamui Kobayashi and Michael Schumacher

Verdict: 10-second stop/go for Schumacher. No penalty for Kobayashi 

 

Driver penalty tracker:

 

Mark Webber

Reprimands: 0

Penalties exceeding reprimand: 0

Investigations: 1 (DRS FP1 - Britain)

 

Lewis Hamilton

Reprimands: 0

Penalties exceeding reprimand: 0

Investigations: 1 (DRS FP1 - Britain)

 

Jenson Button

Reprimands: 0

Penalties exceeding reprimand: 0

Investigations: 1 (Unsafe release - Britain)

 

Michael Schumacher

Reprimands: 0

Penalties exceeding reprimand: 1 (10-second stop/go for collision with Kobayashi - Britain)

Investigations: 0

 

Kamui Kobayashi

Reprimands: 0

Penalties exceeding reprimand: 0

Investigations: 2 (Unsafe releae & collision with Schumacher - Britain) 

 

Team penalty tracker:  

 

McLaren 

Reprimands: 0

Penalties exceeding reprimand: 1 (€5000 fine for unsafe release - Button - Britain) 

Investigations: 0

 

Sauber

Reprimands: 0

Penalties exceeding reprimand: 1 (€20000 fine for unsafe release - Kobayashi - Britain) 

Investigations: 0 

 

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Disputes and Disreputability by Maverick

This weekend, Viva F1 has organised the third Blogger's Swap Shop. It is a fantastic idea where 15 motorsports bloggers write for each other's blogs. An entry from me will appear at The Formula 1 & Motorsports Archive today. La Canta Magnifico Blog is honoured to host a guest entry by Maverick of Viva F1 (please ignore the entry by-line as I haven't figured out how to get it to change yet).

 

Formula One has more than its fair share of rules. There's not even a single rule book - please refer to the International Sporting code, F1 Sporting Regulations and F1 Technical Regulations as well as all the attached appendices while not forgetting the Rules of the FIA International Court of Appeal [and the Concorde Agreement - ed]. Undoubtedly the vaguest of all the rules, and quite deliberately so, is Article 151c which concerns "any fraudulent conduct or any act prejudicial to the interests of any competition or to the interests of motor sport generally." In other words, ‘bringing the sport into disrepute’.

 

The ‘disrepute clause’ gives rise to concerns not only about its ill-defined and wide-reaching nature but also about its potential for abuse. So vague is the clause, who is to define what is and what isn't against the interests of the sport? Furthermore, having lost the case, while there is scope to challenge the decision in the Court of Appeal how can you possibly argue that it didn't bring the sport into disrepute? It's an immeasurable concept. Taking a case even further, with notable exceptions, the courts are generally reluctant to intervene in the internal disputes of voluntary associations and not inclined to review the decisions of tribunals.

 

Last month, the FIA scrapped the team orders rule but with the caveat that "any actions liable to bring the sport into disrepute are dealt with under Article 151c of the International Sporting Code and any other relevant provisions". So are team orders banned? Ferrari's decision to manipulate Michael Schumacher past Rubens Barrichello on the last lap of the 2002 Austrian Grand Prix induced boos from the watching spectators and widespread condemnation from the media. It ultimately led to the banning of team orders, but how would it be dealt with today? It clearly sounds like a case of bringing the 'sport into into disrepute' but at the time, the WMSC "recognised the long-standing and traditional right of a team to decree the finishing order of its drivers in what it believes to be the best interest of its attempt to win both world championships" and hence took no action. Does tradition trump public opinion?

 

Moving onto 2010 and Hockenheim and this time it was Felipe Massa who was giving way for Fernando Alonso. The stewards acted by issuing the maximum fine allowed to them but the WMSC chose to not extend the penalty, instead going as far as recommending that the ban on team orders be abolished, which it subsequently was. However, what about bringing the sport into disrepute? There was uproar amongst groups of fans and the media, so was there a case for turning to Article 151c? The trouble is that while large parts of the media were unhappy (the Brazilian castigation of Massa being particularly venomous) it certainly wasn't the case everywhere. The Italian media sided with Ferrari, the Spanish media sided with Alonso and the German media, seemingly conditioned by the Schumacher-years, coolly seemed to think that it was business as usual - which in reality it probably was.

 

Another example from 2010, which might have resulted in Article 151c being brandished in anger, was Ferrari's and Alonso's claims that the European Grand Prix was fixed. If this was football there would have been repercussions - earlier this week, Liverpool's Ryan Babel picked up a £10,000 fine for retweeting a link to a mocked-up picture of referee Howard Webb in a Manchester United shirt after Liverpool lost 1-0 to their rivals. The stewards may have done a poor job that weekend but for drivers and teams at the centre of it all to suggest bias at the FIA could easily be seen as damaging to Formula One.

 

On the other hand, others may suggest that it was the actual stewarding that was damaging - which begs the question of whether the FIA themselves should be able to be found guilty of ‘bringing the sport into disrepute’? While many fans have been suggesting that for years, the nearest anyone on the inside has come to suggesting such a thing in recent years is in 2008, when Mark Webber accused Max Mosley of damaging the sport following allegations about his private life.

 

In the end, the Hockenheim result is forgotten largely thanks to a combination of a close-fought Championship and the fact that Alonso didn't take the title thanks to those points gained in Germany. How might the issue have rumbled on down the years if 'Alonso's title' had been questioned by some? Of course, one whole problem with the question of ‘bringing the sport into disrepute’ is that public exposure is central to the accusation and yet, by simply pursuing an issue, the FIA can generate even more publicity for a case, causing further damage. Yet, does it all really matter?

 

Formula One thrives on controversy, the politics is as much a part of the drama as the racing - an ongoing soap opera. Admittedly, the politics occasionally takes too much precedence over what is happening on the track (Max Mosley and FOTA's wranglings at the end of his reign being a prime example). Yet has any of it really damaged F1's reputation? Renault were found guilty of manipulating a race but fans never stayed away from the subsequent Singapore Grand Prix. McLaren were found guilty of stealing Ferrari information but Formula One is still seen as a glamorous sport. In short, the concept of the ‘disrepute clause’ seems like a misnomer as far as Formula One is concerned. Perhaps it comes down to that image of glamour - a bit of palace intrigue is expected to be part and parcel of the show?

 

But then maybe Bernie Ecclestone already knows that - a man who could probably earn himself three or four disrepute charges a year.

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