Less than a week after Lando Norris was controversially awarded a five-second time penalty after having been found to have breached Article 33.3 of the FIA Formula One Sporting Regulations after by gaining a lasting advantage after leaving the track, the FIA has announced that the Stewards have received a petition for a Right of Review, from McLaren Formula 1 Team (‘McLaren’).
In the final stint of the 2024 United States Grand Prix race, McLaren’s Norris, who had been running fourth, became locked in a fierce battle for third place with Red Bull Racing’s Max Verstappen, with whom Norris is competing for the World Drivers’ Championship (WDC) title.
After several laps of impressive defending from Verstappen, Norris finally managed to get ahead into Turn 12. Verstappen, however, refused to yield the position, and his defensive action culminated in a near-collision which saw both drivers go wide at the apex. Despite having gone further off track than his rival, Norris rejoined ahead of Verstappen, taking third place into the final laps of the race.
Despite the controversial nature of the incident, McLaren opted not to cede the position as they believed that Norris had been ahead of Verstappen at the apex of Turn 12, and therefore entitled to a favourable ruling. This decision resulted in the matter being referred to the Stewards who, after a review of the incident, deemed Norris as having gained a lasting advantage in the race after going off track.
This, as stated in the FIA United States Grand Prix Document 69 was found to be in violation of Article 33.3 which states that:
“Drivers must make every reasonable effort to use the track at all times and may not leave the track without a justifiable reason.
Drivers will be judged to have left the track if no part of the car remains in contact with it and, for the avoidance of doubt, any white lines defining the track edges are considered to be part of the track but the kerbs are not.
Should a car leave the track the driver may re-join, however, this may only be done when it is safe to do so and without gaining any lasting advantage.
At the absolute discretion of the Race Director a driver may be given the opportunity to give back the whole of any advantage he gained by leaving the track.”
Norris was subsequently handed a five-second penalty, with the Stewards having opted against the recommended ten-second penalty due to Norris having had “little alternative other than to leave the track” due to his close proximity to Verstappen who the Stewards noted as having also left the track.
As Norris was unable to create a gap greater than five seconds between himself and Verstappen by the end of the race, he was demoted to fourth place behind Verstappen despite having crossed the finish line third. While the Stewards decision had obvious implications on the United States Grand Prix, there were further implications for the title fight between Verstappen and Norris as the demotion increased the points gap between the two drivers to 57 points – three more than before the race.
While Red Bull and Verstappen appeared satisfied with the Stewards’ decision to penalise Norris, McLaren and Norris were openly unhappy with the British driver stating that he believed that the decision had been “rushed” as the Stewards had not heard the perspectives of the drivers or their teams. McLaren Team Principal Andrea Stella also criticised the Stewards’ decision, stating that he believed that Verstappen had caused the situation by not giving Norris an opportunity to complete the overtaking manoeuvre.
That McLaren remains dissatisfied with the Stewards’ decision to penalise Norris was made clear when, ahead of the 2024 Mexican Grand Prix, the FIA announced, through United States Grand Prix Document 76, that:
“The Stewards have received a petition for a Right of Review in accordance with Article 14 of the FIA International Sporting Code, from McLaren Formula 1 Team, in respect of the Decision of the Stewards of the 2024 United States Grand Prix, Document 69, breach of Article 33.3 of the FIA Formula One Sporting Regulations in relation to Car 4.”
McLaren’s petition for a Right of Review, as confirmed by their press release, stems from their belief that “there is a significant and new element” that had been unavailable at the time that the decision had been made.
The alleged discovery of the element, meets the criteria for the Right of Review as outlined by Article 14.1.1 which states that:
“If, in Competitions forming part of an FIA Championship, cup, trophy, challenge or series, or of an international series, a significant and relevant new element is discovered which was unavailable to the parties seeking the review at the time of the decision concerned, the stewards who have given a ruling or, failing this, those designated by the FIA, may decide to re-examine their decision following a petition for review by: – either one of the parties concerned and/or a party that is directly affected by the decision handed down, or – the Secretary General for Sport of the FIA.
The stewards must meet (in person or by other means) on a date agreed amongst themselves, summoning the party or parties concerned to hear any relevant explanations and to judge in the light of the facts and elements brought before them.”
In relation to the matter, the FIA has required that a team representative of McLaren “attend a video conference with the Stewards at 1430 hours Mexican time [2030 hours Central European Time] on Friday October 25, 2024.”
This meeting, which will require that the panel of Stewards from the United States Grand Prix be reconvened, will be the first of a two-part “Hearing” and will be done to assess the validity of McLaren’s claim that there had been “significant and relevant new element which was unavailable to [McLaren] at the time of the Decision concerned.”
In addition to the representative of McLaren and the panel of Stewards, Document 76 adds that “any other “concerned party” may seek the permission of the Stewards to attend” as allowed for under Article 14.1.1.
It is important to note that, under Article 14.1.2, “the party or parties concerned may waive their right to a hearing in writing.”
Should the Stewards determine the existence of the element referred to by McLaren in their petition, and be satisfied by their significance, relevance and newness, the second part of the Hearing will be convened “at a time to be advised.”
This is in accordance with Article 14.3 which stated that:
“The stewards shall have the sole discretion to determine if a significant and relevant new element exists.
The decision of the stewards as to whether or not such an element exists is not subject to appeal before the national court of appeal or the International Court of Appeal.”
While McLaren, via their press release, confirmed that they had submitted the relevant paperwork to the FIA, they stated that they would not issue any further comment while the process was ongoing.
The team, despite their dissatisfaction with the outcome of the United States Grand Prix, also reiterated their respect for the FIA and the Stewards for the “difficult job that they do” and expressed an appreciation for the “open and collaborative relationship” between the entities.
