Valentino Rossi Takes Sepang Penalty Appeal To CAS

Byron Wilson | October 30, 2015

Valentino Rossi has filed an appeal against the decision of Race Direction and the FIM Stewards at Sepang, which issued three penalty points on the Italian for an incident between him and Marc Marquez. His case will now go to the Court of Arbitration for Sport (CAS), “an institution independent of any sports organization which provides for services in order to facilitate the settlement of sports-related disputes.” (Definition sourced from the CAS website).

Valentino Rossi Sepang 2015

The penalty will force Rossi to start from the back of the grid at Valencia by bringing his season penalty point total to four, and could severely derail his bid for a 10th career GP championship title. CAS explains in a press release that “Mr. Rossi seeks the annulment of the penalty, or at least a reduction from 3 points to 1. Together with his appeal, Mr. Rossi has filed an urgent application to stay the execution of the challenged decision in order not to lose his place on the starting grid at the next, and last, event of the season.”

Rossi is using every means at his disposal to undo, or at least stall the implementation of, the decision first issued by Race Direction and later, after an immediate appeal following the race, upheld by the FIM Stewards. The most pivotal aspect of Rossi’s appeal to CAS is the request for a stay of execution of the challenged decision, which if granted would allow Rossi to start from the grid where he qualifies rather than at the back. Since, ordinarily, arbitration procedures last anywhere from 6 to 12 months with CAS, the 2015 season would be well in the past by the time a final decision and ultimate penalty would be issued.

According to CAS, an arbitration procedure is already underway regarding Rossi’s request for a stay of execution of the penalty and a decision will be issued no later than November 6, 2015, two days before the finale at Valencia. Both the FIM and CAS press releases are included in full below.

FIM

On the basis of Article 3.4.2, para 3 of the FIM Road Racing World Championship Grand Prix Regulations, Mr Valentino Rossi has filed an Appeal against the decision taken by the Race Direction of the Shell Malaysia Motorcycle Grand Prix in Sepang, penultimate round of the FIM MotoGP Grand Prix World Championship, and confirmed by the FIM Stewards, to award 3 penalty points to Mr Rossi following an incident on Turn 14.

In appealing to the Court of Arbitration for Sport (CAS), Mr Rossi seeks annulment or reduction of the penalty. He further requests stay of execution of the decision in accordance with Article R37 of the Code of Sports-Related Arbitration.

The FIM will not comment any further at this time.

CAS

Italian MotoGP rider Valentino Rossi has filed an appeal at the Court of Arbitration for Sport (CAS) against the FIM Stewards’ decision to impose 3 penalty points on his record following an incident with another rider during the Shell Malaysia Motorcycle Grand Prix race held on 25 October 2015.

The FIM Race Direction found that Mr Rossi deliberately ran wide in order to force the other rider off line, resulting in contact causing the other rider to crash out of the race. For this breach of the FIM Road Racing World Championship Grand Prix Regulations (the FIM Regulations), the FIM Race Direction imposed 3 penalty points on the rider’s record. Mr Rossi immediately appealed such decision to the FIM Stewards who dismissed the appeal and confirmed the penalty imposed by the FIM Race Direction. Since Valentino Rossi already has 1 penalty point from an earlier incident, this decision brings him to a total of 4 penalty points. On the basis of the FIM Regulations, a rider with 4 penalty points must start the next race from last grid position.

In his appeal to the CAS, Mr Rossi seeks the annulment of the penalty, or at least a reduction from 3 points to 1. Together with his appeal, Mr Rossi has filed an urgent application to stay the execution of the challenged decision in order not to lose his place on the starting grid at the next, and last, event of the season which will be held in Valencia/Spain on 6-8 November 2015.

An arbitration procedure is in progress. A decision on Mr Rossi’s request for a stay is expected to be issued no later than 6 November 2015.

Byron Wilson

Associate Editor | Articles | Byron's sure to be hunched over a laptop after the checkers are flown, caught in his own little version of heaven. Whether on dirt, street or a combination of both, MotoUSA's newest addition knows the only thing better than actually riding is telling the story of how things went down.