Disqualified For Technical Breach Despite No Advantage: The Cautionary Tale Of A Rally Driver
While nearly all of the column inches relating to recent FIA stewarding decisions have (unsurprisingly) focused on the fall out of the ‘Hamilton v Verstappen’ F1 2021 season finale, an interesting recent decision1 in the FIA World Rally Championship (WRC3)2 underlines just how impactful decisions in the fast-paced world of motorsports can be.
In November 2021, the International Court of Appeal (ICA) of the Federation Internationale de L’Automobile (FIA) handed down its judgment in the appeal brought by Mr Yohan Rossel (Driver) against the decision of the Stewards of the EKO Acropolis Rally (Greek Rally)3. The Driver had been disqualified by the Stewards from the rally as the front subframe of his car during the rally weighed more than the authorized maximum weight. The ICA rejected the Driver’s appeal in favour of the decision of the Stewards.
This is an interesting decision as it highlights that performance advantage is not a necessity to be sanctioned if found in breach of the applicable regulations. It also showcases the limited scope that exceptional circumstances in relation to technical irregularities can be admitted in.
This article examines the factual background of the case in point, as well as the various key takeaways that drivers and teams would do well to heed going forwards.
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- Tags: Blogs | Dispute Resolution | FIA | Motorsport | Regulation & Governance | Sports | Squire Patton Boggs
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Written by
Andrew Moroney
Business Affairs Executive – CAA Sports
Andrew leads CAA Sports International’s commercial legal team, providing legal and business support to the Property Sales, Talent Sales, Brand Consulting, Executive Search and Management Consulting divisions working across CAA’s London, Munich, Middle East and APAC offices.
He is an award-winning sports and entertainment lawyer, with extensive experience advising clients in the sports, esports, gaming, events and entertainment sectors on contractual, regulatory and disputes matters gained from varied private practice, in-house and pro bono roles covering the UK, EMEA and APAC. He has particular expertise in the Middle East sports and entertainment market, having previously been based in the region for over seven years.
He currently serves as an arbitrator for the International Paralympic Committee, is a former Legal Counsel of the Football Association and has undertaken long-term secondments to DAZN and Yas Marina Circuit.
