subcritical71 wrote: ↑
Fri Nov 02, 2018 2:32 am
I’m reading today that Charlie Whiting has said that the Merc wheel spacers could still be open to protest. How can it be that the FIA have cleared it and the Mexico stewards cleared it, yet there is no definitive legalality status given to them? I understand the Mexico stewards only have jurisdiction for that race, but isn’t there a full time steward that could have jurisdiction for all races? It just seems strange to me that it can be deemed legal by the governing body, yet questions still exist. This has been a general complaint of mine about how the regulations are enforced/policed in F1.
As far as I know it works like this:
The FIA publish the regulations, in the same way national lawmakers publish national laws.
Once published the laws are applied by the Stewards, like a first level court nationally.
The Stewards’ decisions can be appealed to a higher authority, the International Court of Appeal, like a higher level national court.
Both the Stewards and the International Court of Appeal decide each case on the basis of the regulations as published. The FIA Technical delegate can offer advice, verbally or in writing in Technical Directives, but they do not decide and the Courts can, and do on occasion, disagree with them. This is the same as national courts except that the Lawmakers tend not to be asked for advice about what they meant.
If it didn’t work like this the FIA Technical team could amend any or all of the regulations after they are published. The rules they work to say they can’t unless it’s safety related.
In the case of Mercedes wheel assemblies Mercedes have to be confident that the Stewards and the International Court of Appeal will agree with the FIA Technical Delegate. If they can win the WCC without taking that risk they will. IMO. If they think there is a risk they might lose the WCC they’ll balance that risk against the risk of being disqualified. Given that disqualified is a very large loss of points I don’t think they will use them until the WCC is secured.
Edit: I see @phil has beaten me to it.
Fortune favours the prepared; she has no favourites and takes no sides.
Truth is confirmed by inspection and delay; falsehood by haste and uncertainty : Tacitus