Was McLaren’s $100m fine illegal?
An article in today’s Independent on Sunday alleges the $100m fine given to McLaren by the FIA last year was illegal.
According to the story:
Not everyone who voted on the fine may have been authorised to do so. According to Article 14 of the FIA statutes, the WMSC “shall consist of … a total of 26 members who, with the exception of the president, must represent an ASN [national association] having at least one event entered on the international sporting calendar of the current year.” It doesn’t seem that this rule has been followed.
Although this argument seems sound, surely if there were any possible legal challenges to the verdict McLaren themselves would have identified and acted on them?
Nonetheless it’s worth considering the extraordinary implications were the decision reversed. Not only would McLaren get their money back but their constructors’ points could come too.
In which case they would probably regret dropping their appeal against the points they lost at last year’s Hungarian Grand Prix after Fernando Alonso blocked Lewis Hamilton in the pit lane. They dropped the appeal after their entire constructors’ points total was confiscated in the spy scandal verdict.
However if the spy scandal verdict were overturned, the decision that went against them at Hungary will have been what made the difference between Ferrari winning the constructors’ championship and McLaren not.
Don Speekingleesh said on 6th July 2008, 19:28
According to Article 30 of the FIA Statutes the French text is the definitive one. So we really need to know if the English text on the FIA site is an extract translation.
Dan M said on 6th July 2008, 20:36
If they did get the money back from the FiA, the price of entry in ’09 would be even higher. Plus I’m am sure that Max would make it look as though McLaren were ‘stealing’ money from the road safety fund that this money ‘allegedly’ went to.
I’m sure someone at McLaren pointed this out, but the fear of further punishment persuaded them not to act on it.
Brits on Pole - LJH said on 6th July 2008, 22:35
I think the key to this is the fact that the story is written by the paper’s business team, not the sports staff – and thus might not have quite the perspective we are used to as motor racing fans. It also explains the headline referring to “McClaren” – quite what a football manager has to do with anything is a mystery to me ;- ))
The Indy’s always had a slightly funny sense of newsworthiness. I just think the business desk thought they had a nice little exclusive and published it today for maximum impact. Which they secured – here we all are, discussing it.
The story raises some interesting points and, in my view, gives another nice hard kick to the already rickety structure of motorsports administration.
But the idea that McLaren would choose this point in their season to dig up that particular scandal, with Hamilton under the pressure he is, makes no sense whatsoever.
Don Speekingleesh said on 6th July 2008, 23:01
It was co-written by Christian Sylt, who has a history of doing stories on the politics and financial side of F1.
I presume the sub-editor who wrote the headline is not an F1 fan, but the headline is irrelevant to the content of the story.
Arnet said on 6th July 2008, 23:06
I see you got to this one before I did, Keith, ignore the email.
This is clearly significant, but it’s nearly impossible to gauge how it will play out. It should be a surprise to no one that Max has played by his own rules and stacked the deck to get his way, I just wonder whether anyone has the guts to hold him accountable. If they can’t get him out for bringing the sport into disrepute, they should turf him for clearly breaking the rules.
Keith Collantine (@keithcollantine) said on 6th July 2008, 23:10
That typo happens in the sports pages of British newspapers all the time, which is a bit ridiculous when you consider how long McLaren have been winning. Without wishing to read too much of it I think it hints at the anti-motor sport snobbery I think there is in a lot of newspapers.
Internet said on 6th July 2008, 23:21
BTW, that car looks absolutely gorgeous in that picture.
the limit said on 6th July 2008, 23:49
During last year’s spy scandal, I remember that famous article in The Times that got Martin Brundle into very hot water with Max Mosley and the FIA (Favouring Italian Autosports).
In the article, Brundle infamously labelled the FIA’s investigation into the saga as a ‘witch hunt’. Simular sentiments were uttered by others too, but Brundle’s article for me described how I felt as a fan watching the whole farce pan out.
I am not going to go any further, everything has already been said. Yet again, we are reminded of this
‘disgusting’ episode just as the season enters its most important faze.
How conveniant!
The fact remains that McLaren are still here, still winning races, and that the majority of their top brass are still in command. If it was all a conspiracy to destroy McLaren as a team, then it failed. If the fine was implimented for the benefit of Formula One, then it also failed.
Everybody must remember that Formula One is a brand, the same as the teams are brands. When one is tarnished, it affects all the others, guilty or innocent. All that matters, is that there exists a level playing field for the teams to compete and to win.
If this fine was implimented to prove that F1 is not a level playing field, and that certain teams have more advantages than others in the eyes of the powers at be, then it succeeded.
D Winn said on 6th July 2008, 23:51
Max, being the gentleman that he is, will surely repay McLaren, from his damages award from the pending court case. :\
DG said on 7th July 2008, 8:18
I doubt Max reads the Independant – the FIA will ignore the story, deny any wrong doing and blame Ron for digging it all up again!
GR said on 7th July 2008, 8:52
Maybe Mclaren did notice it and the threat of causing a fuss was part of the leverage they used to get a better pit lane…
PaulD said on 7th July 2008, 9:01
It’s clear that McLaren feel victimised these days as they are not appealing anything these days – even the stupid 5 place grid penality for Kovalienen went unchallenged.
The FIA choose which rules to apply and too what strengths they will apply them. Williams and BMW should have been penalised in Brazil last year – there was a disrepancy – McLaren would have gained from the rules being followed – the FIA choose not to act.
Max’s dislike of Ron Dennis is the biggest issue and I would not be at all surprised if his childish antics continued enough to force an illegal fine through.