FORUMula1.com - F1 Forum

[bud]

Friday's announcement that Ferrari is seeking an injunction against the FIA to prevent it from introducing a two-tier structure to F1 puts a new light on comments made to Pitpass' Chris Sylt late last year by Bernie Ecclestone. At that time, Ecclestone bluntly told Sylt that since F1's regulations affect the commercial side of the sport, the FIA should not be writing them. FOTA, the association of F1 teams, may well have cottoned on just in time.

"The sporting regulations basically are what generate the income and we run the commercial business. The FIA should just be the police looking at the rules," said Ecclestone and the teams agree.

"The international federation should simply be the referee. We should write the rules, not have them imposed by Max without speaking to anyone," said Flavio Briatore, Renault F1 team principal, on Thursday and it looks like he has the law on his side.

The reason for this is a European Commission ruling in 2001 that said the FIA must "have no influence over the commercial exploitation of the Formula One Championship." Ecclestone's comments echo this is as he told Sylt that "when we had this problem with the European Commission, they made it very clear that the FIA purely regulate the sport. Even to the extent that the teams and us should be writing the technical and sporting regulations."

But even before the EC ruling, Mosley acknowledged the FIA could not dictate on areas which interfere with the teams' businesses.

In 2000, at a UK government Select Committee meeting covering tobacco sponsorship of F1 teams, Mosley said "the difficulty is that we are dealing with commercial entities whom I have to persuade. If I could just say that is it and dictate, but I cannot. We can on the rules, on things like safety, but we cannot on things which would interfere with their commercial affairs."

'So how can the FIA make the cost-cutting regulations?', you may well ask. Well the answer, according to Ecclestone, is: "They can't really. The teams allow them." He explains that the FIA has been writing the regulations because the teams haven't opposed it. However, by suggesting the budget cap, Mosley looks to have tipped the balance and the teams are no longer playing ball.

Pitpass understands that on 10 May FOTA Vice Chairman John Howett was reminded of Ecclestone's comments that the FIA should not, under European law, be writing F1's regulations. So even if Ferrari's injunction fails, the FIA could face further action from the teams and this time its very powers of lawmaking could be at stake.

the war is only just beginning

[yamashek]

the war is only just beginning

can't wait until we see the end of all this, go FOTA!

[f1usa]

This may explain why John Howett walked out of the meeting.

[Hanwombat]

Kick their a$$

[cap-dude]

Oh, this = Gold

I pray that this year we'll see an end to the bull caused by the FIA. The FIA can rule safety, but the recent rule changes have been a complete mess. The FIA just don't seem sure what they want F1 to be.

Oh, can KERS be banned too

[Gaz]

yeh this is how F1 should work Teams do the rules the FIA enforce them.

if they can just get rid of FOM then a FOTA/FIA - Formula 1 would be fantastic.

[f1usa]

Under European law, does FOTA have the right to create a new set of sporting regulations. Who should manage race control, stewards, and penalty situations.

[bud]

Under European law, does FOTA have the right to create a new set of sporting regulations. Who should manage race control, stewards, and penalty situations.

the FIA would still regulate but they wouldnt dictate

[Denthúl]

Under European law, does FOTA have the right to create a new set of sporting regulations. Who should manage race control, stewards, and penalty situations.

Race control, stewarding etc. would more than likely still be under FIA-control. However, since the rules would have been written by the teams, they would (or rather, hopefully, should) not be able to manipulate the way the rules are written to decide the outcome of any situation.

[welshie]

My concern is that FOTA will just end up arguing amongst themselves and that nothing will be agreed.

[scotty]

My concern is that FOTA will just end up arguing amongst themselves and that nothing will be agreed.

I would agree with that, the only way around it would be to use a majority voting system, but that has it's own problems itself...

[Denthúl]

My concern is that FOTA will just end up arguing amongst themselves and that nothing will be agreed.

Yes, particularly on the size of the budget cap. For example, anything that lets teams other than Ferrari, McLaren, BMW Sauber and Renault be competitive will have Briatore whining again. There would be arguments over what is and is not allowed under the regulations, particularly if it comes to any grey areas (I would hope that the teams would be able to put together some regulations without those, but it is nearly impossible to remove them all). Obviously, the teams benefiting from them will want the things to stay legal whilst the others will want the technology banned.

There will be plenty of issues, so there would need to be a group of engineers and designers not linked to any teams who could pass decisions on such things.

[welshie]

There will be plenty of issues, so there would need to be a group of engineers and designers not linked to any teams who could pass decisions on such things.

So would a better organised FIA not be better then?

[bud]

the OWG consisted of team reps

[Denthúl]

There will be plenty of issues, so there would need to be a group of engineers and designers not linked to any teams who could pass decisions on such things.

So would a better organised FIA not be better then?

Yes and no. It depends on how the rule-making process goes. If the rules are written by the teams and then accepted (or not) by the (reformed) FIA, then that could work. But with the FIA as they are at present, I'm not sure it would be a good idea.

the OWG consisted of team reps

Indeed, and they did a decent job. But they didn't write the new regulations, they just worked out how to improve overtaking to aid the development of the regulations. I think a more active role from the teams' designers and engineers would help to improve the technical regulations significantly. Team managers would, likewise, help to improve things like the sporting regulations.