PDF Version
The evidence...
Technical Delegate's Report wrote:
BAR Fuel System Schematic wrote:
Report from Jo Bauer wrote:
Report from Kris de Groot wrote:
STATEMENT OF CASE PRESENTED BY THE FIA WITHIN THE CONTEXT OF THE APPEAL BROUGHT BY THE FIA CONCERNING THE SAN MARINO EVENT OF 24 APRIL 2005 COUNTING TOWARDS THE 2005 FIA FORMULA 1 CHAMPIONSHIP
BEFORE THE FIA INTERNATIONAL COURT OF APPEAL
Hearing of 4 May 2004
APPEAL BY FIA (Sport)
This appeal is against the decision of the Stewards of the 2005 San Marino Grand Prix (Race Document 49 attached hereto as Appendix A) whereby the Stewards decided to take no further action against Car No 3 following a report to them by the Technical Delegate (Race Document 47 attached hereto as Appendix B)
Background
All Formula One World Championship races are run under the International Sporting Code (ISC), the 2005 Formula One Technical Regulations (FOTR) and the 2005 Formula One Sporting Regulations (FOSR).
During a race, a Formula One car together with its driver must never weigh less than 600kg (Article 2.6 FOTR and Article 4.1, FOTR). In order to ensure compliance, a driver is weighed when he steps out of the car after the race. The car is then drained of fuel and also weighed. The weights of the car and the driver are added together to ensure that they exceed 600kg in total (Article 77b FOSR).
This procedure has been followed since modern refuelling was introduced in 1994 and is well known, indeed absolutely familiar, to all competitors. If the weight of the car (plus driver) is less than 600kg, it is subject to exclusion (Article 77c FOSR).
The fuel is drained because it would otherwise be possible to run the car under the weight limit before the pit stops and then add enough fuel during the last pit stop to ensure that the car and driver together would weigh more than 600 kg when checked at the end of the race. Eliminating 10 kg of weight speeds the car up by about 3/10 of a second per lap on the average circuit.
The facts
In accordance with the above procedure, Car No 3 was drained of fuel after the San Marino Grand Prix. About 160g of fuel was recovered. The BAR representatives were asked if that was all the fuel in the car. They replied that it was. The car was then partially dismantled and the inside of its fuel tank examined using an endoscope. A further 8.92kg of fuel was found in a special compartment (Appendix C) and a further 2.46kg was removed from the floor of the main tank. When this fuel was removed, the car weighed 594.6kg, which is 5.4kg below the weight limit. Details are set out in the Technical Delegate's report (Appendix B), the statement of Jo Bauer, the FIA Formula One Technical Delegate (Appendix D) and the statement of Kris De Groot, a member of the FIA Formula One Technical Team (Appendix E).
All teams make repeated technical enquiries of the FIA under the terms of Article 2.4 FOTR. BAR made 14 such enquiries during 2004 and have made a further 4 during 2005 (Appendix F). At no time did BAR make an enquiry about their fuel system.
Grounds of Appeal
That the stewards of the meeting were mistaken in taking no further action in respect of Car No 3 (Appendix A) following the Technical Delegate's report (Appendix B) and oral representations from both the Technical Delegate and the Race Director, for the following reasons:
1. When completely drained of fuel the car (plus driver) weighed less than 600kg. The stewards should therefore have excluded the car from the results under Article 77c FOSR.
2. The stewards were wrong to accept the team's claim that their car (plus driver) weighed more than 600kg at all times during the race, because it was not possible to prove the truth of this claim by means of physical inspection of hardware or materials, as required by Article 2.6 FOTR.
3. Even if the car (plus driver) and fuel together never weighed less than 600kg during the race, the fuel needed to bring the weight of the car up to 600kg was being used as ballast. This is contrary to Article 4.2 FOTR, which requires that ballast must (i) be secured so that tools are necessary for its removal and (ii) be capable of being sealed in position. The fuel contained in the special compartment on Car No 3 did not meet either requirement.
4. The design of the fuel system of Car No 3 was such as to enable the car to run below the weight limit at certain times during an Event and thus to participate when ineligible, contrary to Article 151(b) ISC.
5. In failing voluntarily to reveal the design of their fuel system to the FIA, notwithstanding the provisions of Article 2.4 FOTR (and having regard to Articles 77b and 77c FOSR), the team demonstrated bad faith and an intention to secure the participation of a car known by them to be ineligible, contrary to Article 151(b) ISC.
6. In designing a fuel system calculated to deceive the scrutineers into thinking the car had been drained of fuel when in fact it had not, the team was guilty of fraudulent conduct contrary to Article 151(c) ISC.
7. By falsely claiming to the scrutineers at the San Marino Grand Prix that the car had no fuel left in it knowing that in truth the car still contained more than 11kg of fuel, the team was guilty of fraudulent conduct contrary to Article 151(c) ISC.
8. In arranging their car's fuel system so that a significant quantity of fuel would remain after the car had been drained, making the car appear to be above the minimum weight when in fact it was below, the team set out to deceive the scrutineers and prevent them reporting the car to the stewards under Article 77c FOSR when the team well knew the car should be so reported. In this way the team set out deliberately to gain an illegitimate and unfair advantage over other teams, an act prejudicial to the interests of the competition and to the interests of motor sport generally, contrary to Article 151(c) ISC.
The Penaity
The FIA (Sport) asks the Court to exclude the Lucky Strike BAR Honda team from the 2005 Formula One World Championship and to fine the team at least one million Euros.
BEFORE THE FIA INTERNATIONAL COURT OF APPEAL
Hearing of 4 May 2004
APPEAL BY FIA (Sport)
This appeal is against the decision of the Stewards of the 2005 San Marino Grand Prix (Race Document 49 attached hereto as Appendix A) whereby the Stewards decided to take no further action against Car No 3 following a report to them by the Technical Delegate (Race Document 47 attached hereto as Appendix B)
Background
All Formula One World Championship races are run under the International Sporting Code (ISC), the 2005 Formula One Technical Regulations (FOTR) and the 2005 Formula One Sporting Regulations (FOSR).
During a race, a Formula One car together with its driver must never weigh less than 600kg (Article 2.6 FOTR and Article 4.1, FOTR). In order to ensure compliance, a driver is weighed when he steps out of the car after the race. The car is then drained of fuel and also weighed. The weights of the car and the driver are added together to ensure that they exceed 600kg in total (Article 77b FOSR).
This procedure has been followed since modern refuelling was introduced in 1994 and is well known, indeed absolutely familiar, to all competitors. If the weight of the car (plus driver) is less than 600kg, it is subject to exclusion (Article 77c FOSR).
The fuel is drained because it would otherwise be possible to run the car under the weight limit before the pit stops and then add enough fuel during the last pit stop to ensure that the car and driver together would weigh more than 600 kg when checked at the end of the race. Eliminating 10 kg of weight speeds the car up by about 3/10 of a second per lap on the average circuit.
The facts
In accordance with the above procedure, Car No 3 was drained of fuel after the San Marino Grand Prix. About 160g of fuel was recovered. The BAR representatives were asked if that was all the fuel in the car. They replied that it was. The car was then partially dismantled and the inside of its fuel tank examined using an endoscope. A further 8.92kg of fuel was found in a special compartment (Appendix C) and a further 2.46kg was removed from the floor of the main tank. When this fuel was removed, the car weighed 594.6kg, which is 5.4kg below the weight limit. Details are set out in the Technical Delegate's report (Appendix B), the statement of Jo Bauer, the FIA Formula One Technical Delegate (Appendix D) and the statement of Kris De Groot, a member of the FIA Formula One Technical Team (Appendix E).
All teams make repeated technical enquiries of the FIA under the terms of Article 2.4 FOTR. BAR made 14 such enquiries during 2004 and have made a further 4 during 2005 (Appendix F). At no time did BAR make an enquiry about their fuel system.
Grounds of Appeal
That the stewards of the meeting were mistaken in taking no further action in respect of Car No 3 (Appendix A) following the Technical Delegate's report (Appendix B) and oral representations from both the Technical Delegate and the Race Director, for the following reasons:
1. When completely drained of fuel the car (plus driver) weighed less than 600kg. The stewards should therefore have excluded the car from the results under Article 77c FOSR.
2. The stewards were wrong to accept the team's claim that their car (plus driver) weighed more than 600kg at all times during the race, because it was not possible to prove the truth of this claim by means of physical inspection of hardware or materials, as required by Article 2.6 FOTR.
3. Even if the car (plus driver) and fuel together never weighed less than 600kg during the race, the fuel needed to bring the weight of the car up to 600kg was being used as ballast. This is contrary to Article 4.2 FOTR, which requires that ballast must (i) be secured so that tools are necessary for its removal and (ii) be capable of being sealed in position. The fuel contained in the special compartment on Car No 3 did not meet either requirement.
4. The design of the fuel system of Car No 3 was such as to enable the car to run below the weight limit at certain times during an Event and thus to participate when ineligible, contrary to Article 151(b) ISC.
5. In failing voluntarily to reveal the design of their fuel system to the FIA, notwithstanding the provisions of Article 2.4 FOTR (and having regard to Articles 77b and 77c FOSR), the team demonstrated bad faith and an intention to secure the participation of a car known by them to be ineligible, contrary to Article 151(b) ISC.
6. In designing a fuel system calculated to deceive the scrutineers into thinking the car had been drained of fuel when in fact it had not, the team was guilty of fraudulent conduct contrary to Article 151(c) ISC.
7. By falsely claiming to the scrutineers at the San Marino Grand Prix that the car had no fuel left in it knowing that in truth the car still contained more than 11kg of fuel, the team was guilty of fraudulent conduct contrary to Article 151(c) ISC.
8. In arranging their car's fuel system so that a significant quantity of fuel would remain after the car had been drained, making the car appear to be above the minimum weight when in fact it was below, the team set out to deceive the scrutineers and prevent them reporting the car to the stewards under Article 77c FOSR when the team well knew the car should be so reported. In this way the team set out deliberately to gain an illegitimate and unfair advantage over other teams, an act prejudicial to the interests of the competition and to the interests of motor sport generally, contrary to Article 151(c) ISC.
The Penaity
The FIA (Sport) asks the Court to exclude the Lucky Strike BAR Honda team from the 2005 Formula One World Championship and to fine the team at least one million Euros.
Technical Delegate's Report wrote:
BAR Fuel System Schematic wrote:
Report from Jo Bauer wrote:
Report from Jo Bauer FIA F1 Technical Delegate
San Marino GP 24/04/05 Post Race Fuel Drain on Car 3 - Jenson Button
The BAR car number 3, driver Jenson Button, was weighed after the race with 606.1 kg. To confirm, that the car number 3 has respected the minimum weight of 600 kg at all times during the race, the team was asked to drain all remaining fuel out of the car.
For this procedure the car's front end was lifted to allow all remaining fuel within the fuel cell to be drained completely. With this method 0.16 kg of fuel could be drained. The team was asked, whether this was all fuel on board the car and they declared it as empty.
The team was then asked to open the fuel hatches on both sides of the car (on the RHS the race valve used during the race pit stops and on the LHS the service plate which the team uses to refuel and drain the car). This gave access to the internals of the fuel cell. The fuel cell consisted of two buffer floors (baffles) which we removed in order to see the bottom of the fuel cell. These buffer floors have been fixed by means of Velcro to the main structure of the fuel cell. On the bottom of the fuel cell there was still some fuel visible.
At the bottom front end of the fuel cell a further compartment was discovered which had a clear plastic tube connected to it. This tube was disconnected by the team's mechanics. By doing this the internals of this forward compartment could be inspected by means of an endoscope. This compartment was found full of fuel. This fuel was drained manually by feeding a hose, which was connected to a draining pump, into that compartment. With this manual method 8.92 kg of fuel could be drained.
After draining this forward compartment, the fuel on the bottom of the main fuel cell was drained using the same method and a further 2.46 kg of fuel could be recovered.
At the back end of the fuel cell was a cylindrical collector tank, made of carbon fibre, visible. We did not check the content and the internals of this tank.
All the above amount of fuel was measured by using the team's refuelling and draining equipment, which has a built in scale. According to this measurement the total amount of fuei still on board the car was 11.54 kg.
The car was refitted with all parts taken off and was weighed on the FIA scales again. The weight was 594.6 kg, a difference of 11.5 kg to the original weight after the race. This weight was confirmed in front of a team member (Craig Wilson). The accuracy of the F1A scales was also confirmed to the team member by putting 600 kg of calibrated weights onto the scales. The FIA scales have been reading 0.5 kg high (showing 600.5 kg with 600 kg weights on). The FIA scales are showing increments of 0.5 kg.
With these findings a report was made to the stewards of the meeting at 18:25 (Document 47)
San Marino GP 24/04/05 Post Race Fuel Drain on Car 3 - Jenson Button
The BAR car number 3, driver Jenson Button, was weighed after the race with 606.1 kg. To confirm, that the car number 3 has respected the minimum weight of 600 kg at all times during the race, the team was asked to drain all remaining fuel out of the car.
For this procedure the car's front end was lifted to allow all remaining fuel within the fuel cell to be drained completely. With this method 0.16 kg of fuel could be drained. The team was asked, whether this was all fuel on board the car and they declared it as empty.
The team was then asked to open the fuel hatches on both sides of the car (on the RHS the race valve used during the race pit stops and on the LHS the service plate which the team uses to refuel and drain the car). This gave access to the internals of the fuel cell. The fuel cell consisted of two buffer floors (baffles) which we removed in order to see the bottom of the fuel cell. These buffer floors have been fixed by means of Velcro to the main structure of the fuel cell. On the bottom of the fuel cell there was still some fuel visible.
At the bottom front end of the fuel cell a further compartment was discovered which had a clear plastic tube connected to it. This tube was disconnected by the team's mechanics. By doing this the internals of this forward compartment could be inspected by means of an endoscope. This compartment was found full of fuel. This fuel was drained manually by feeding a hose, which was connected to a draining pump, into that compartment. With this manual method 8.92 kg of fuel could be drained.
After draining this forward compartment, the fuel on the bottom of the main fuel cell was drained using the same method and a further 2.46 kg of fuel could be recovered.
At the back end of the fuel cell was a cylindrical collector tank, made of carbon fibre, visible. We did not check the content and the internals of this tank.
All the above amount of fuel was measured by using the team's refuelling and draining equipment, which has a built in scale. According to this measurement the total amount of fuei still on board the car was 11.54 kg.
The car was refitted with all parts taken off and was weighed on the FIA scales again. The weight was 594.6 kg, a difference of 11.5 kg to the original weight after the race. This weight was confirmed in front of a team member (Craig Wilson). The accuracy of the F1A scales was also confirmed to the team member by putting 600 kg of calibrated weights onto the scales. The FIA scales have been reading 0.5 kg high (showing 600.5 kg with 600 kg weights on). The FIA scales are showing increments of 0.5 kg.
With these findings a report was made to the stewards of the meeting at 18:25 (Document 47)
Report from Kris de Groot - FIA F1 Technical Team
San Marino GP 24/04/05 Post Race Fuel Drain on Car 3 - Jenson Button
After the finishing weight of the car of 606.1 kg had been established on the weighing platform, the car was then pushed into the Parc Ferme garage area.
A BAR Team member (four were present, chief mechanic, fuel operator and two further mechanics) was informed of our intention to perform a full drain-out on this car. This procedure involves raising the front of the car to allow as much fuel as possible to drain back to the main tank pick-ups, an external fuel pump is then connected so that the fuel may [be] removed and weighed. The team were also told that they would be required to open the top of the fuel tank for further inspection and that the use of an endoscope would probably be necessary to satisfy us that the car was indeed empty.
The car was lifted at the front by means of a pneumatic jack.
The team's fuel module lines were primed and start figures were recorded (start figure is the total in the fuel module tank). The scales were then zeroed and fuel draining commenced.
N.B. A fuel module is a device for loading or unloading fuel from a car's fuel tank via an external connection. The fuel cell of the module rests on scales and pre-programmed amounts may be pumped in or out of the car's fuel tank.
After a short while the fuel module pumps began to "suck air", an indication that the drain is nearing completion. The module was then stopped and a further 2 to 3 minutes were given to allow for any more fuel to drain to the rear of the car's fuel tank. The fuel module was then re-started and continued to drain for approximately another 30 seconds to 1 minute.
Lines were removed and re-primed, drain-out figures recorded and total figures recorded.
The fuel removed:
Start figure 6.96 kg
End figure 7.12 kg
Fuel removed from car 3 0.16 kg
The BAR fuel operator was then asked if he was happy the car was empty, to which the reply was "yes".
The mechanics were then asked to remove the race valve from one side and the normal service plate from the other side at the top of the car's fuel tank (top access holes), so that we could visually inspect the amount of fuel left internally after draining.
On initial inspection there was a small amount of fuel left in the bottom of the cars fuel tank.
On closer inspection we noticed that there was a clear plastic tube running into a bulkhead fitting on the bottom front wall of the fuel tank.
When queried, the team could offer no real explanation as to its purpose.
When asked what was behind the front wall and where the pipe led to, the team members again could offer no clear explanation.
They were then asked if the area behind this front wall would contain fuel and no one was prepared to give a definitive answer.
The team [were] then informed that pipe would have to be removed to allow further inspection by means of an endoscope.
The pipe was removed by the team, and an endoscope inserted through the hole on the front wall of the tank to reveal that there was indeed fuel within this compartment.
The team [were] then informed that the fuel in this compartment must be removed and weighed.
After a little head scratching and time wasting / stalling, a pipe was presented to us. One end of the pipe was small enough in diameter to enter through the hole in the front wall of the fuel tank and the other end had a fitting to connect directly to the team's fuel module (this is how they would normally drain it I suspect).
Once again the fuel figures on the teams fuel module were recorded and draining from the car's fuel tank commenced again.
A further 8.92 kg of fuel were removed from this compartment.
A further 2.46 kg of fuel was then removed from the floor of the main fuel tank by using the same method.
After we were satisfied that the car was indeed empty, the parts that were removed were then refitted. The front of the car was then lowered to enable the car to be pushed back to the FIA weighing platform.
The new weight of the car was found to be 594.6 kg, a difference of 11.5 kg to the original weight after the race. This weight was confirmed in front of a team member (Craig Wilson). The accuracy of the FIA scales was also confirmed to the team member by putting 600 kg of calibrated weighs onto the scales. The FIA scales read 0.5 kg high (showing 600.5 kg with 600 kg weights on). The FIA scales show increments of 0.5 kg.
With these findings a report was made to the stewards of the meeting at 18:25. (Document 47)
San Marino GP 24/04/05 Post Race Fuel Drain on Car 3 - Jenson Button
After the finishing weight of the car of 606.1 kg had been established on the weighing platform, the car was then pushed into the Parc Ferme garage area.
A BAR Team member (four were present, chief mechanic, fuel operator and two further mechanics) was informed of our intention to perform a full drain-out on this car. This procedure involves raising the front of the car to allow as much fuel as possible to drain back to the main tank pick-ups, an external fuel pump is then connected so that the fuel may [be] removed and weighed. The team were also told that they would be required to open the top of the fuel tank for further inspection and that the use of an endoscope would probably be necessary to satisfy us that the car was indeed empty.
The car was lifted at the front by means of a pneumatic jack.
The team's fuel module lines were primed and start figures were recorded (start figure is the total in the fuel module tank). The scales were then zeroed and fuel draining commenced.
N.B. A fuel module is a device for loading or unloading fuel from a car's fuel tank via an external connection. The fuel cell of the module rests on scales and pre-programmed amounts may be pumped in or out of the car's fuel tank.
After a short while the fuel module pumps began to "suck air", an indication that the drain is nearing completion. The module was then stopped and a further 2 to 3 minutes were given to allow for any more fuel to drain to the rear of the car's fuel tank. The fuel module was then re-started and continued to drain for approximately another 30 seconds to 1 minute.
Lines were removed and re-primed, drain-out figures recorded and total figures recorded.
The fuel removed:
Start figure 6.96 kg
End figure 7.12 kg
Fuel removed from car 3 0.16 kg
The BAR fuel operator was then asked if he was happy the car was empty, to which the reply was "yes".
The mechanics were then asked to remove the race valve from one side and the normal service plate from the other side at the top of the car's fuel tank (top access holes), so that we could visually inspect the amount of fuel left internally after draining.
On initial inspection there was a small amount of fuel left in the bottom of the cars fuel tank.
On closer inspection we noticed that there was a clear plastic tube running into a bulkhead fitting on the bottom front wall of the fuel tank.
When queried, the team could offer no real explanation as to its purpose.
When asked what was behind the front wall and where the pipe led to, the team members again could offer no clear explanation.
They were then asked if the area behind this front wall would contain fuel and no one was prepared to give a definitive answer.
The team [were] then informed that pipe would have to be removed to allow further inspection by means of an endoscope.
The pipe was removed by the team, and an endoscope inserted through the hole on the front wall of the tank to reveal that there was indeed fuel within this compartment.
The team [were] then informed that the fuel in this compartment must be removed and weighed.
After a little head scratching and time wasting / stalling, a pipe was presented to us. One end of the pipe was small enough in diameter to enter through the hole in the front wall of the fuel tank and the other end had a fitting to connect directly to the team's fuel module (this is how they would normally drain it I suspect).
Once again the fuel figures on the teams fuel module were recorded and draining from the car's fuel tank commenced again.
A further 8.92 kg of fuel were removed from this compartment.
A further 2.46 kg of fuel was then removed from the floor of the main fuel tank by using the same method.
After we were satisfied that the car was indeed empty, the parts that were removed were then refitted. The front of the car was then lowered to enable the car to be pushed back to the FIA weighing platform.
The new weight of the car was found to be 594.6 kg, a difference of 11.5 kg to the original weight after the race. This weight was confirmed in front of a team member (Craig Wilson). The accuracy of the FIA scales was also confirmed to the team member by putting 600 kg of calibrated weighs onto the scales. The FIA scales read 0.5 kg high (showing 600.5 kg with 600 kg weights on). The FIA scales show increments of 0.5 kg.
With these findings a report was made to the stewards of the meeting at 18:25. (Document 47)