Clause 15.3 and why Masi broke the rules | FerrariChat

Clause 15.3 and why Masi broke the rules

Discussion in 'F1' started by Turkishguy33, Dec 18, 2021.

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  1. Turkishguy33

    Turkishguy33 Rookie

    Dec 18, 2021
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    Kelvin Stewart
    I have seen a number of posters say Masi acted within the rules by allowing only some cars to unlap themselves and starting the race immediately in contravention of 48.12. These posters say that 15.3 gives Masi power to do whatever he likes in relation to the safety car.

    This is a very weak argument and would be laughed out of a court. Figured I would post something here from a legal perspective to help those who may be misinformed. You’ve got to understand Masi ****ed up and was backed into a corner so simply grabbed any weak and desperate argument he could.


    Section 15.3 is a general provision that gives the race director authority over a number of matters in relation to the clerk of the course, who is only allowed authority in relation to these matters with the race directors specific authority.


    15.3 DOES NOT give the race director carte Blanche authority over the safety car. To be frank that is very much the view of the uneducated and would be laughed out of a court.


    A number of points to consider:

    • in statutory interpretation a specific provision overrides a general provision. That means 48.12, which is specifically about the procedure to follow the safety car, would take precedence over 15.3 even if 15.3 could be read to give such wide powers as some contend. If that approach did not apply, 48.12 would literally be redundant. Indeed, clause 2.1 requires competitors and officials to undertake to observe “all provisions”, so 15.3 cannot be read at the exclusion of 48.12.
    • Where possible a text should be read in accordance with its ordinary meaning. The plain meaning of the words in 48.12 are quite clear - ie let all the lapped cars through, race starts end of the following lap.
    • You can also determine the meaning of provisions by applying a purposive approach and looking at the scheme and purpose behind them. Para 15 of the rules is subheaded ‘officials’ which gives further weight to the interpretation that it’s about the use of various tools (including the safety car) in relation to the clerk. Para 48 is literally headed “safety car” and is thus the authoritive clause on matters in relation to the safety car
    • You can determine the meaning of a text by looking at precedents and how the rules have been applied in the past. We literally have a quote from masi saying the rules (48.12) require all lapped cars to be let through. In past races, the rule that was invoked in relation to safety cars has always been 48 and not 15.3.
    • Another reason why 15.3 cannot have the meaning Masi contended is because of the absurdities that would result. If masi had broad discretion over all matters listed in 15.3 he could literally bring out the safety car for no reason, he could also call reverse grids etc. these are all absurd outcomes and you have specific provisions governing the use of them.
    • Article 1.1.1 of the 2021 FIA International Sporting Code makes clear that the regulations are to be enforced ‘based on the fundamental principles of safety and sporting fairness’. Safety and sporting fairness would’ve been upheld by adhering to 48.12 and the regulations need to be read in light of this overarching purpose. This makes the view on 15.3 untenable as it was both unsafe (confusion around lapped cars and back markers in the way) and unfair (giving max a clear run at Lewis but not giving sainz etc an opportunity to pass max).
     
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  2. carl888

    carl888 F1 Veteran
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    That's great news. Then Mercedes-Benz can initiate a successful appeal, can't they?
     
  3. Phil~

    Phil~ F1 Rookie
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    There would be no point. The positives from overturning the championship would be outweighed by the negatives.
     
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  4. carl888

    carl888 F1 Veteran
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    Well, I'm glad you can speak for the Mercedes-Benz team.

    What are the negatives however?

    Because if the result was wrong then the result needs to be overturned.

    I think I'm living in a parallel universe.
     
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  5. Bas

    Bas Four Time F1 World Champ

    Mar 24, 2008
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    Another Pro Elton Troll.

    Joins forum a day ago, claims he's a lawyer, only posts Elton related tripe.

    If Merc had such an easily winnable case they'd pursue it. After all they spend 100s of million trying to win both titles.
     
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  6. Phil~

    Phil~ F1 Rookie
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    The negatives are Redbull would be affected when they didn’t do anything wrong.

    The only reason you would overturn an outcome is if Redbull were complicit.

    The FIA is the problem here, not Redbull.

    The race logically cannot be run again, so ergo, Mercedes does not gain anything by appealing.

    And speaking of a parallel universe, you and others on here continue making awful bad faith arguments that literally only come from the love of Max becoming world champion and Lewis losing. The furor is not about Redbull. It is about the FIA. Redbull just happened to be the benefactors. This has nothing to do with Max at all, who’s driving was stellar.

    If the teams were reversed and Lewis had won in this exact manner, we wouldn’t even be having this conversation.

    It would be thread after thread after thread attacking every facet of his character in the most nastiest, destructive way possible. We both know that is true. Because that already happens on here constantly. Literally nothing Lewis has done has him deserving of the amount of of hate he gets.

    So arguing this is so tiresome. Some simply will not listen to reason.
     
  7. #7 lorenzobandini, Dec 19, 2021
    Last edited: Dec 19, 2021
    What makes him (or her) a "troll"? 'Same as my being called a "troll" in the past, which I'm not.
    Someone posting something you don't care for doesn't indicate a "troll".....just someone with a different opinion than yours.

    re: your "Joins forum a day ago, claims he's a lawyer, only posts Elton related tripe." sounds more like a "troll" than TG33's to me.
    You have absolutely no evidence that he's not a lawyer.
    And so what if he's a fan, or not, like myself, but still defends LH.....with sound reasoning, against the childish, "trollish", mudslinging.....because it's reasonable so to do?"
    I read his posts and see no "tripe".

    Who, exactly, are the trolls? I have my opinion on that matter. ;)
     
  8. Cyt

    Cyt F1 Rookie

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    You’re making all these up

    Olympians get their medal years later if there was a wrong. Nothing wrong with that. If there a wrong. In this case not so

    The proper experts have withdrawn their case.
     
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  9. Cyt

    Cyt F1 Rookie

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    Can you offer your services to merc? Please help them.
     
  10. Phil~

    Phil~ F1 Rookie
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    And I am sure said olympians has hundreds of millions tied up into a result with checks already paid, schedules already set etc etc.

    An alloy medal given post event is not even in the same ballpark. Why even make such an analogy.
     
  11. Bas

    Bas Four Time F1 World Champ

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    The timing.
     
  12. crinoid

    crinoid F1 Veteran
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    Maybe turkeyboy is knt’s alter ego.
     
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  13. JL350

    JL350 Karting

    Jan 20, 2013
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    You have nearly had a whole week to frame your argument against the guy who had minutes to make sure it was safe to continue racing, get cars out of the championship leaders way, and ensure a racing lap was available for the championship to be decided under racing conditions.

    I am sure the rule maker’s would give the race director the benefit of the doubt if his intentions were for a fair race. Yes you could argue that he made a mistake but he was charged with requirement of making decisions on the spot, some you win some you lose, good competition depends on the risks…
     
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  14. pilotoCS

    pilotoCS F1 World Champ

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    Yet another sour grapes thread.

    Mercedes withdrew their protest. Why? Because they realized they hadn't a case.
     
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  15. gsfent

    gsfent Formula 3

    Nov 16, 2009
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    Jerry
    I usually don't get involved in these discussions, because they are so passionate and often it is a pissing contest, not relying on facts, just emotions.
    But, I disagree.

    Among other reasons, there was no way the FIA would ever admit to such a colossal mistake and overturn a WDC after the fact. This is not a real court, where the evidence IMHO was overwhelmingly in favor Mercedes. This is no different than NASCAR which regulates itself. So call it good sportmanship if you like, but the fact is Mercedes would never have overturned the result even if Masi had shown up and said he made a mistake.

    No matter who I rooted for, I would have wanted the championship to be decided under the rules. The asterisk associated with the 2021 WDC will fade, people will only remember the winner years from now. Max will add championships to his record; he is simply the most talented driver on the circuit today. As he matures, he will only get better at all the aspects of racing.

    No bad motive attributable to Masi, just a screw up on the rules affecting the final outcome of the entire season.

    BTW, if the new president of the FIA wants to punish Lewis for violating the rules and not showing up to the gals (which has NO EFFECT on the racing season or standings), what should happen to Masi who absolutely violated 48.12???

    Have at it tifosi!!

    Regards,
    Jerry
     
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  16. Nuvolari

    Nuvolari F1 Veteran
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    Rob C.
    The OP is right on the money with his legal assessment. Lots of people have been using section 15.3 as the overriding blanket argument that Masi can do whatever he wants and therefore no rules were broken. This is an incredibly short-sighted approach and proof positive of why most people are not cut out to deal in law. Fact is that 15.3 works together with section 48. In addition historical precedent goes a long way to determining the validity of a decision. As it was (championship on the line or not) there was nothing unusual about the yellow flag incident that warranted new rules to be applied.

    Furthermore all this talk about the gentleman's agreement between the teams to end a race under green is nothing more than a preference. Find me one official document where teams are ok with throwing out the rule book and precedent in order to get a race to end under yellow. The mere notion is absurd.

    Regarding Mercedes dropping the appeal, Phil is absolutely correct. Mercedes would be fighting an uphill battle to have the FIA essentially rule against itself without having RedBull as a complicit participant to throw blame towards. Even if they did win, the wave of public opinion would be against them making them ALWAYS look like the bad guy. Not the kind of attention Mercedes would want. Toto Wolff said it best that there is a difference between being right and justice. Winning in court would only prove you were right but no justice would be served.

    Some of you may remember the 2002 Indy 500 where black and white, clear as day, and supported by camera images Paul Tracy passed Helio before the track went yellow. Despite this IRL ruled Helio the winner and the team protested. They spent a ton of money to prepare what appeared like an air tight defense only to be told nope we won't look at it. Challenging another team in appeal is possible but challenging the rule makers historically has been like climbing a wet glass wall. It would not surprise me in the least that this reality was told to Mercedes in no uncertain terms by the FIA in the days leading up to the appeal deadline.
     
  17. crinoid

    crinoid F1 Veteran
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    No rules were violated by Masi or race control. Prior to the race they agreed that if an incident occurred they would end the race under green flag conditions and they enacted 15.3 to achieve this as they had all discussed, including Mercedes prior to the race. Mercedes didn’t pit to save track position and RB gambled with the pit and won.
     
  18. Nuvolari

    Nuvolari F1 Veteran
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    That is exactly the point. The fact that the race director was faced with limited time to make a decision is even MORE reason for him to rely on precedent and experience to make his decision. I reiterate that there was nothing about the safety car incident that would require an innovative ruling. It should have been business as usual for the RD and this was not a difficult decision.
     
  19. tifosi12

    tifosi12 Four Time F1 World Champ
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    I'm surprised that there are actually fans who would have wanted Lewis to win. I don't get it.
     
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  20. xpensivewino

    xpensivewino Formula Junior

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    You’ve gotta love attorneys. Sir, absolutely no one cares that you’re attorney, NO ONE. You know no more about the F1 sporting rules than anyone else on this forum. I’m a ditch digger and I think Max won the world title because he drove better and MBZ were forced to make a bad strategy call, brought on by fate, nothing more.
     
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  21. What, pray tell, does the timing of someone deciding to join the discussion have to do with their intent in intelligent posts regarding "trolling"?
    Again, just because you disagree doesn't mean it's "trolling".

    I'd really like to read a rational explanation.....I just joined the thread and I'm not "trolling". 'Just looking for an adult response.
     
  22. Once more.....I'd like to see a rational explanation of that statement rather than an emotional one.

    I'm one. He led the whole race and was denied because of Masi.
     
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  23. crinoid

    crinoid F1 Veteran
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    He was denied because Mercedes didn’t pit and RB did.
     
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  24. Not so. Masi decided to let the lapped cars thru on lap 57. The rules state that on the lap (57 in this case) the lapped cars are past the safety car, it is to enter pit lane at the end of the next lap (in this case lap 58, the last lap). Thus, it would have been LH winning. Zip, nadda, nothing to do with LH not pitting.
     
  25. crinoid

    crinoid F1 Veteran
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    Do you live your entire life with blinders on to facts you dislike or is this limited to F1?
     

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