Lewis Hamilton was not successful in his appeal against the penalty he received in the Belgian Grand Prix.
As was widely expected the FIA threw out the appeal on the grounds that it was inadmissible, despite claims they mis-represented the opinions of one of their own stewards to do so, and contradicted a precedent set when Vitantonio Liuzzi appealed a similar penalty last year. Decision in full below:
International Court of Appeal – Decision
At the Grand Prix of Belgium, run on 7 September 2008, and counting towards the 2008 FIA Formula One World Championship, the Stewards of the meeting imposed a drive-through penalty upon the driver of car No. 22, Lewis Hamilton, for a breach of Article 30.3 (a) of the 2008 FIA Formula One Sporting Regulations and Appendix L, Chapter 4, Article 2 (g) of the International Sporting Code.
As the drive-through penalty was imposed at the end of the race, 25 seconds were added to the driver’s elapsed race time in accordance with Article 16.3 of the FIA 2008 Formula One Sporting Regulations.
Article 152 of the International Sporting Code states that drive-through penalties are “not susceptible to appeal”.
The competitor Vodafone McLaren Mercedes appealed the Steward’s decision before the International Court of Appeal in a hearing in Paris on September 22nd.
Having heard the explanations of the parties the Court has concluded that the appeal is inadmissible.
The International Court of Appeal was presided over by Mr Philippe NARMINO (Monaco), elected President, and composed of Mr Xavier CONESA (Spain), Mr Harry DUIJM (Netherlands), Mr Thierry JULLIARD (Switzerland) and Mr Erich SEDELMAYER (Austria).
NOTES FOR EDITORS
Article 16.3 of the FIA Formula One Sporting Regulations provides as follows:
The stewards may impose any one of three penalties on any driver involved in an Incident:
a) A drive-through penalty. The driver must enter the pit lane and re-join the race without stopping.
b) A ten second time penalty. The driver must enter the pit lane, stop at his pit for at least ten seconds and then re-join the race.
c) a drop of ten grid positions at the driver’s next Event.
However, should either of the penalties under a) and b) above be imposed during the last five laps, or after the end of a race, Article 16.4b) below will not apply and 25 seconds will be added to the elapsed race time of the driver concerned.
Paragraph 5 of Article 152 of the International Sporting Code provides as follows:
Penalties of driving through or stopping in pit lanes together with certain penalties specified in FIA Championship regulations where this is expressly stated, are not susceptible to appeal.