The FIM Court of Appeal sees the formal error of the MotoGP race stewards as given. The penalty of motorcycle star Marc Márquez is formally completed.
A few days before the French Grand Prix, the FIM Court of Appeal has ruled in the Marc Márquez case. The judges concluded that Marc Márquez will not have to serve a penalty next time he competes. In principle, the penalty is completed because he did not compete in the Argentine Grand Prix.
The history is known. Márquez received two long-lap penalties for the accident at the Portuguese Grand Prix on March 26 involving RNF Aprilia driver Miguel Oliveira. The verdict of the FIM race stewards stated literally that he had to complete the penalty “at the Argentine Grand Prix”.
When it became known that Márquez would be absent from South America due to injury, the race stewards sent out a clarification on March 28 stating that he would have to serve the penalty at “his next race”.
Form error at MotoGP star Márquez: No hearing necessary
Honda lodged a protest on March 29 because they believed this clarification did not comply with the regulations. On March 30th there was another document from the FIM race stewards.
In it, they wrote that a rider must complete a penalty at the next event they compete in. However, if a driver is absent from the calendar for the following race due to injury or illness, then the penalty is deemed to have been completed.
In this case, the penalty will not be deferred to his next participation. However, this document was not known before March 30th, i.e. before the original penalty and Honda appeal. There is nothing written about this in the regulations.
The case went to the FIM Appeals Commissioners, who eventually referred it to the FIM Court of Appeal. Finally, the parties involved agreed that no hearing was necessary.
After a formal error: MotoGP star Márquez is allowed to start in France
Point 34 in the final report is interesting. It states that the appeal judges find the race stewards’ intention that a driver must serve his penalty at his next race “sympathetic”, but the legal basis must be respected.
Because in point 36 it says that the FIM commissioners verbally informed the driver on March 26th that he had to complete the penalty in Argentina. The wording of the original document of March 26 also shows this clearly.
Therefore, the judges came to the verdict that the commissioners’ document of March 28 is annulled. This document, sent two days after the Portugal Grand Prix, is therefore null and void. The original document of March 26 applies. Honda’s objection is thus practically right.
With Argentina over, Márquez won’t have to serve a penalty next race. Honda will get back the amount of 1,320 euros that the team deposited for the appeal. The team wants to announce on Wednesday whether Márquez will make his comeback at the French Grand Prix next weekend.