Chene_Mostert wrote: ↑04 Mar 2020, 18:42
DChemTech wrote: ↑04 Mar 2020, 18:33
Chene_Mostert wrote: ↑04 Mar 2020, 18:22
1. There was no formal complaint lodged. No charge. Therefore they can not quote any regulation. There must be a formal "breach" of regulation...
this was just an exploratory investigation based on innuendo. what one would call a "fishing expedition".
2.
Not declaring something legal does not make it illegal. It only becomes illegal once declared illegal.
Maybe you should reread my post. I did not say that "it's illegal because its not declared legal". What I said is that the way they chose to communicate things makes no sense to me in case it were legal, nor does the settlement. all parties would have been much better off simply stating the legality explicitly, and if necessary (although, as you say, not mandated) with some explanation at what was looked at and why technical details are not disclosed. Hence, my expectation, in light of these observations, is that of questionable legality. But I absolutely do not state that it -is- illegal or anything likewise, because again, all of that is speculative.
Never said you are saying its illegal. you just assumed that.
I posted two counter arguments to the piece I quoted from your post:
they could have declared Ferraris PU fully legal - even pointing out which regulations exactly were scrutinized
2.
Not declaring something legal does not make it illegal. It only becomes illegal once declared illegal.
they could have declared Ferraris PU fully legal - even pointing out which regulations exactly were scrutinized
1. There was no formal complaint lodged. No charge. Therefore they can not quote any regulation. There must be a formal "breach" of regulation...
this was just an exploratory investigation based on innuendo. what one would call a "fishing expedition".
Yes, and I responded to both, even if implicitly, and I do not even disagree with your points. All I am trying to say is that the way they chose to do things they are needlessly raising suspicion, in case nothing was wrong.
There was no formal complaint, so they indeed had no need to quote formal regulation. Hell, they could have chosen not to do the fishing expedition, not to bring out any statement, not to make any settlement. Yet, they did. And with that they opened up a whole cesspool. Why do all of that? It does not make any sense.
Now, considering they did their fishing expedition, if there were no irregularities, they -could- have made that explicit. "FIA conducted a broad investigation to the legality of the Ferrari 2019 PU and found no aspects to be in conflict with the regulations.". Yet, they didn't. They -could- (not need, not must, not should) have chosen to specify specific aspects they looked at, even without a formal complaint, but based on the public concerns. They didn't. What they did is bring out a statement that they settled. And no, that doesn't make it illegal, but it raises suspicion, and we're going in circles to what I said before. All remains speculative, nothing is proven illegal, but there is an atmosphere of suspicion which was, in my view, fully avoidable without in any way disclosing technical secrets of Ferrari.