Portimao, Portugal

MotoGP Court Of Appeal Scraps Penalty For Marc Marquez - An Analysis Of The Court's Decision

By David Emmett | Tue, 09/05/2023 - 23:10

The MotoGP Court of Appeal has finally rendered judgment on the revised penalty issued against Marc Marquez for causing the crash with Miguel Oliveira at the opening round of the 2023 MotoGP season at Portimão. The change to the original penalty notification, which stated that Marquez would have to serve a Double Long Lap Penalty at the Argentina grand prix at Termas de Rio Hondo, was found to be irregularly and wrongly amended.

As a result, the penalty is deemed to have been served, and Marquez will not have to serve a Double Long Lap Penalty at the next race in which he participates. Marquez is free to race, without facing a penalty.

Update: Has The Marc Marquez Appeal Exceeded Time Limits Set By FIM Regulations?

By David Emmett | Mon, 08/05/2023 - 21:21

On the third lap of the opening grand prix of the 2023 MotoGP season, Marc Marquez locked the front wheel of his Honda RC213V while braking for Turn 3, trying to close the gap to Jorge Martin and Miguel Oliveira. As he did so, he clipped the Ducati of Martin, lost control, and barreled into the RNF Aprilia of Miguel Oliveira.

For that incident, Marc Marquez was handed a Double Long Lap Penalty, to be served at the Argentina GP the following week. But two days after the penalty notice was issued, the FIM Stewards issued a revised penalty, stating that Marquez was to serve the Double Long Lap Penalty at "the next MotoGP Race in which the rider will be able to participate".

That revised penalty has kicked off a controversial process which has gone on so long that the case has exceeded the term set for a hearing by the MotoGP Court of Appeal. As such, the penalty for Marc Marquez is no longer valid.

The FIM regulations set out very clearly that the MotoGP Court of Appeal must hear an appeal and issue a judgment within four weeks of the brief of appeal (basically, the letter from the appellant setting out their case) being received by the court. Section 3.4.4 of the FIM Grand Prix World Championship Regulations states the following:

3.4.4 Time limits to be observed for appeal hearings

The FIM Appeal Stewards must be convened to examine an appeal immediately after the brief of appeal is received.

MotoGP Court Of Appeal Suspends Marquez Penalty Until Full Appeal Is Heard

By David Emmett | Thu, 13/04/2023 - 19:32

Marc Marquez has been granted a temporary suspension of the Double Long Lap Penalty issued after the Portimão race until the full appeal of the FIM Stewards penalty has been heard. In effect, the MotoGP Court of Appeal has decided to hear the full case, regarding the changing of the official penalty notice, and has prevented the FIM Stewards from imposing the penalty before the Court has ruled on the appeal.

In a long, and interesting ruling granting the stay, the MotoGP Court of Appeal lays out its reasoning. It is a highly readable document, as long as you ignore the legal and Latin jargon.

Repsol Honda Appeal Referred The MotoGP Court Of Appeal

By David Emmett | Thu, 30/03/2023 - 18:13

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.

Repsol Honda To Appeal Change To Marc Marquez Penalty - An Opportunity To Clarify The Rules

By David Emmett | Wed, 29/03/2023 - 15:15

The Repsol Honda team has issued a press release stating that they intend to protest the change made to the penalty imposed on Marc Marquez after the incident at Portimão in which he hit Miguel Oliveira.

The original Notification of Sanction from the FIM Stewards stated that Marc Marquez was to serve a Double Long Lap Penalty at the Argentina Grand Prix at Termas de Rio Hondo. When it became clear that Marquez would miss the Argentina round of MotoGP, the FIM Stewards amended the penalty to add a clause stating that if Marquez was absent from Argentina, he would have to serve the penalty at the next race in which he participated.

The Repsol Honda statement made it very clear that what they are protesting is the change to the original penalty, rather than the penalty itself. The statement says that the original penalty issued was final and definitive, and the FIM Stewards have no grounds to change it at a later date.

It's a fair cop

FIM Stewards Revise Marc Marquez Penalty - Double Long Lap To Be Served Next Time He Races

By David Emmett | Tue, 28/03/2023 - 10:06

The FIM Stewards have been forced to revise the penalty they imposed on Marc Marquez, for hitting Miguel Oliveira on the third lap of the Portuguese Grand Prix on Sunday. Initially, the Stewards Notification was worded such that the Double Long Lap Penalty would have to be served at the Grand Prix of Argentina, due to take place at Termas de Rio Hondo this Sunday.

However, Marc Marquez broke his thumb in the crash, fracturing the first metacarpal in his right hand. The Spaniard has since had surgery, but has decided to skip the next round in Argentina.

By a strict reading of the Stewards Notification, Marquez would only have to serve the penalty at Argentina. But after the controversy that produced, and debates over the correct application of penalties, the Stewards have issued a second Notification, clarifying that Marquez will have to serve the penalty during the Sunday race in Argentina, or the next Sunday grand prix he races at.

Miguel Oliveira To Miss Argentina Grand Prix - MotoGP Grid Down To 18

By David Emmett | Mon, 27/03/2023 - 18:48

Miguel Oliveira has been ruled out of the following round of the Argentina Grand Prix. The Portuguese rider sustained a leg injury when he was hit by Marc Marquez on the third lap of the full race at the opening round at Portimão.

The absence of Oliveira brings the number of MotoGP riders out of the second round of the series to four. Pol Espargaro suffered a fractured vertebra and fractured jaw during practice on Friday. Enea Bastianini broke a shoulder blade during the sprint race on Saturday, when Luca Marini lost the front and wiped out the bike of Bastianini. And Marc Marquez suffered a fractured thumb in the crash he caused when he blocked the front and hit Jorge Martin and Miguel Oliveira.

The press release from the RNF Aprilia team appears below:

Injury forces Miguel Oliveira to sit out Argentina Grand Prix

Marc Marquez To Miss Argentina - And Avoid Double Long Lap Penalty

By David Emmett | Mon, 27/03/2023 - 07:07

Marc Marquez is to miss the Argentina round of MotoGP after having surgery on the thumb he fractured in the crash in which he clipped Jorge Martin and hit Miguel Oliveira. Marquez had surgery on Sunday night, after returning to Barcelona.

Missing the race in Argentina will also mean he will not have to serve the Long Lap Penalty imposed by the FIM Stewards for causing the crash. The wording of Long Lap Penalties always specifically names the event in which the penalty is to be served.

That was the case for Fabio Quartararo after the Dutch TT in Assen in 2022, for example, who had to serve a Long Lap Penalty at the following race in Silverstone. Ayumu Sasaki was handed a Long Lap Penalty in Argentina in 2022, after causing a crash at the previous round in Indonesia. All the others I checked also specifically named the grand prix in which the penalty was to be served.

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