Marquez penalty sent to MotoGP Court of Appeal

Repsol Honda’s appeal over the variation in Marc Marquez’s penalty from the Portuguese Grand Prix has been referred to the MotoGP Court of Appeal by the FIM Appeal Stewards.

Marquez was issued a Double Long Lap Penalty as punishment for the incident in which he crashed into Miguel Oliveira in the feature race at Portimao.

Furthermore, that penalty would be served in the Grand Prix race at this weekend’s Argentina round, per the Notification of Sanction issued in the hours after the session in which the incident occurred.

However, once Honda announced that its talisman had sustained an injury in that crash which would sideline him from the Argentina round, an ‘Application of Sanction’ was issued which moved the penalty to whichever Grand Prix race which #93 starts next.

“Following the decision of the FIM MotoGP™ Stewards Panel taken on 26/03/2023 at 15:13, the FIM MotoGP Stewards Panel hereby clarifies its decision as regards applicability,” it read, in part.

“Considering the injury and non-participation of Marc Marquez, Rider #93, at the Gran Premio Michelin de la Republica Argentina, and with a view to comply with the intention underlying the decision taken by the FIM MotoGP Stewards Panel, the Double Long Lap Penalty shall be served by the Rider at the next MotoGP Race in which he will be able to participate.”

Honda formed the view that the change in penalty was inconsistent with championship regulations and announced it would appeal.

The FIM Appeal Stewards have now referred the case to the MotoGP Court of Appeal.

According to world championship regulations, “The FIM Appeal Stewards will hear any appeals against decisions taken by the FIM MotoGP Stewards Panel,” and may decide to revoke, uphold, or modify a penalty.

It also has the option of referring a matter to the MotoGP Court of Appeal “if it appears impossible to deal with the case for any valid reason.”

See below for full statement from the FIM Appeal Stewards

Oliveira will also miss the Argentina round due to his injuries, with his RNF team releasing a statement in recent days calling for stricter penalties from stewards “a recent incident of reckless and irresponsible racing displayed by Marc Marquez against Miguel Oliveira.”

The full statement from the FIM Appeal Stewards is as follows:

DECISION OF THE FIM APPEAL STEWARDS

FIM APPEAL STEWARDS’ DECISION UPON THE APPEAL OF Mr. Marc Marquez and HRC – REPSOL HONDA TEAM on 29/03/2023

Mr. Marc Marquez and the team, HRC – REPSOL HONDA TEAM (Alberto Puig) lodged a written appeal on 29/03/2023 at 02h16 (am) to the FIM Appeal Stewards with the deposit for appeal of 1320 Euros.

The appeal is lodged against the application of the Sanction imposed on Marc Marquez, Rider #93, issued by the FIM MotoGP Stewards Panel on 28 March 2023, in connection with the previous “Notification of Sanction”, issued on 26 March 2023.

The penalty notified by the FIM MotoGP- Stewards Panel on 26/03/2023 was a “Double Long Lap Penalty for the GRAN PREMIO MICHELIN® DE LA REPUBLICA ARGENTINA MotoGP- Race”

The application of the sanction imposed on Marc Marquez by the FIM MotoGP Stewards Panel (“Application of the Sanction”) issued on 28/03/2023 was a “Double Long Lap Penalty“ to be applied at the next MotoGP Race in which the rider will be able to participate.

1. Composition of the FIM APPEAL STEWARDS

The Panel of the FIM Appeal Stewards is made up of:

• Paul King FIM Appeal Steward
• Armando Marques FIM Appeal Steward (nominated by FMP)

2. Procedure

The appeal was regularly lodged in due form, with the appropriate fee guaranteed and within time deadlines stated by the FIM Administration (within 24 hours counted from the previous e-mail sent by the Repsol Honda Team Manager (ie before 29 March 2023, 07:57 CEST)).

The FIM Appeal Stewards were convened electronically on 29/03/2023.

The following documents were submitted to the FIM Appeal Stewards:

– The notification of the FIM Sanction imposed by the FIM MotoGP Stewards Panel on 26 March 2023.

– The “Application of the Sanction” issued by the FIM MotoGP Stewards Panel on 28 March 2023.

– The Statement of Appeal edited by Mr. Marc Marquez and HRC – REPSOL HONDA TEAM.

3. The FIM Appeal Stewards’ s considerations:

The 2 elements mentioned by the appellant relate to:

1) The validity of the “Application of the Sanction” stated by the FIM Stewards Panel

2) A request for a stay of the provisional execution of the “Application of the Sanction”

Considering, the circumstances of the case and the legal issues raised by the appeal filed by Mr. Marc Marquez and HRC – REPSOL HONDA TEAM team, the FIM Appeal Stewards decide to refer the case to the MotoGP Court of Appeal for the adequate resolution of the case.

4. The decision

Based upon this information, the FIM Appeal Stewards decide:

• to receive the Appeal (art. 3.3.3.2)
• to refer the case to the MotoGP Court of Appeal (art. 3.3.3.2)