MotoMatters.com | Kropotkin Thinks

The Repsol Honda Team's protest against the changing of Marc Marquez' penalty is to go to the MotoGP Court of Appeal. Repsol Honda lodged a protest with the Appeal Stewards on Wednesday, protesting the fact that the FIM Stewards Panel had retrospectively changed the race Marquez was to serve his penalty from the Grand Prix of Argentina, to the Grand Prix of Argentina or the first subsequent race Marquez will participate in.

Marquez was handed the Double Long Lap Penalty after he lost control of his Honda RC213V on lap 3 of the Portuguese Grand Prix at Portimão, clipped Jorge Martin's Pramac Ducati, and slammed into Miguel Oliveira's RNF Aprilia RS-GP, causing Oliveira to crash.

Marquez was issued a notification of penalty on Sunday night stating that he would have to serve the Double Long Lap Penalty at the Grand Prix of Argentina, to be held this Sunday at the Termas de Rio Hondo circuit. But after the Spaniard had surgery on Sunday night to fix a fractured first metacarpal in his right thumb, he decided to withdraw from Argentina to focus on his recovery.

On Tuesday, the FIM Stewards Panel issued a revised notification of penalty, stating that Marquez would have to serve the penalty either in Argentina, or the next race he participates in. Repsol Honda protested that change as "not in line with the current regulations of the FIM for the MotoGP World Championship". They also requested a stay of the penalty until the case had been settled.

Kicked upstairs

On Thursday, the Appeal Stewards heard the protest, and decided that the MotoGP Court of Appeal is the appropriate venue to deal with what is a case of some significance. Because this case may set a precedent for the handling of future penalties, the MotoGP Court of Appeal, which consists of judges with legal training appointed by the FIM, is a better body to consider the case.

Though the statement issued by the Appeal Stewards does not set a date for a hearing, the Grand Prix Regulations set out a condition that the MotoGP Court of Appeal must hear all cases referred to it and issue judgment on them within 4 weeks of referral. That means there is a legal obligation to hear the appeal before the Jerez round of MotoGP. But it is probable that the MotoGP Court of Appeal will hear it before the Grand Prix of The Americas in Austin, due to be held on April 16th.

Historical precedent

The last case the MotoGP Court of Appeal heard was the protest lodged by Suzuki, Honda, KTM, and Aprilia against Andrea Dovizioso's victory at the opening round of the 2019 MotoGP season at Qatar. That was the year Ducati introduced the rear swingarm spoiler, or "spoon", which the four other MotoGP factories believed broke the rules.

The factories lodged a protest with the FIM Stewards Panel after the race, on the evening of March 10th. When the FIM Stewards rejected the protest, the factories lodged an appeal with the Appeal Stewards. On March 13th, the Appeal Stewards referred the case to the MotoGP Court of Appeal.

The MotoGP Court of Appeal convened in Mies, Switzerland on March 22nd to hear the case. The Court issued judgment four days later, on March 26th. The ruling came just a few days before the Grand Prix of Argentina, held on March 30th 2019.

The process of that case is identical to Repsol Honda's appeal. As a result, the case is likely to follow a similar course, with the court convening between Argentina and Austin, and ruling issued before the US round at Austin.

The FIM press release containing the referral appears below:

GRANDE PRÉMIO TISSOT DE PORTUGAL
AUTÓDROMO INTERNATIONAL DO ALGARVE · 24-25-26 March 2023

DECISION OF THE FIM APPEAL STEWARDS

FIM APPEAL STEWARDS’ DECISION UPON THE APPEAL OF Mr. Marc Marquez and HRC - REPSOL HONDA TEAM on 29/03/2023

Mr. Marc Marquez and the team, HRC - REPSOL HONDA TEAM (Alberto Puig) lodged a written appeal on 29/03/2023 at 02h16 (am) to the FIM Appeal Stewards with the deposit for appeal of 1320 Euros.

The appeal is lodged against the application of the Sanction imposed on Marc Marquez, Rider #93, issued by the FIM MotoGP Stewards Panel on 28 March 2023, in connection with the previous “Notification of Sanction”, issued on 26 March 2023.

The penalty notified by the FIM MotoGP- Stewards Panel on 26/03/2023 was a “Double Long Lap Penalty for the GRAN PREMIO MICHELIN® DE LA REPUBLICA ARGENTINA MotoGP- Race”

The application of the sanction imposed on Marc Marquez by the FIM MotoGP Stewards Panel (“Application of the Sanction”) issued on 28/03/2023 was a “Double Long Lap Penalty“ to be applied at the next MotoGP Race in which the rider will be able to participate.

1. Composition of the FIM APPEAL STEWARDS

The Panel of the FIM Appeal Stewards is made up of:

• Paul King - FIM Appeal Steward
• Armando Marques - FIM Appeal Steward (nominated by FMP)

2. Procedure

The appeal was regularly lodged in due form, with the appropriate fee guaranteed and within time deadlines stated by the FIM Administration (within 24 hours counted from the previous e-mail sent by the Repsol Honda Team Manager (ie before 29 March 2023, 07:57 CEST)).

The FIM Appeal Stewards were convened electronically on 29/03/2023.

The following documents were submitted to the FIM Appeal Stewards:

• The notification of the FIM Sanction imposed by the FIM MotoGP Stewards Panel on 26 March 2023.
• The “Application of the Sanction” issued by the FIM MotoGP Stewards Panel on 28 March 2023.
• The Statement of Appeal edited by Mr. Marc Marquez and HRC - REPSOL HONDA TEAM.

3. The FIM Appeal Stewards’s considerations:

The 2 elements mentioned by the appellant relate to:

1. The validity of the “Application of the Sanction” stated by the FIM Stewards Panel
2. A request for a stay of the provisional execution of the “Application of the Sanction”

Considering, the circumstances of the case and the legal issues raised by the appeal filed by Mr. Marc Marquez and HRC - REPSOL HONDA TEAM team, the FIM Appeal Stewards decide to refer the case to the MotoGP Court of Appeal for the adequate resolution of the case.

4. The decision

Based upon this information, the FIM Appeal Stewards decide:

• to receive the Appeal (art. 3.3.3.2)
• to refer the case to the MotoGP Court of Appeal (art. 3.3.3.2)

FIM Headquarter, Mies, 29/03/2023.

FIM Appeal Steward
Paul King

Distribution: HRC - REPSOL HONDA TEAM

FIM MotoGP Stewards

FMNR Appeal Steward
Armando Marques