Marc Marquez penalty referred to MotoGP Court of Appeal

While Marquez and Honda accepted the double long-lap handed to the Spaniard for taking out Miguel Oliveira in last Sunday’s Portimao MotoGP race, they protested the subsequent decision to modify when the penalty would be served.

The original decision from the FIM MotoGP Stewards Panel stated that Marquez needed to serve the sanction at this weekend’s Argentine MotoGP race.

But when it became clear that Marquez (like Oliveira) will miss Argentina due to injuries from the accident, the FIM Stewards 'clarified' the 'application of the sanction' to be “the next MotoGP Race in which the rider will be able to participate”.

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‘The Repsol Honda Team considers that the modification of the penalty consisted of a change of criteria on when the penalty should be applied, and that this modification was issued by the FIM two days after the initial sanction was final and definitive, is not in line with the current regulations of the FIM for the MotoGP World Championship,’ read a team statement announcing the appeal.

The FIM Appeal Stewards have now examined the case and referred it to the MotoGP Court of Appeal, which is the highest level within the FIM structure for dealing with race decisions, disciplinary and arbitration matters.

According to the MotoGP rules, ‘The MotoGP Court of Appeal adjudicates upon request of the FIM MotoGP Stewards Panel, or the FIM Appeal Stewards.

‘The FIM Legal Director will appoint, each time, the judge(s) who will constitute the MotoGP Court of Appeal.’

No date was given for when the MotoGP Court of Appeal will make its judgement, but Marquez - who underwent surgery to repair a broken first metacarpal in his right hand - is hoping to return for the Grand Prix of the Americas, at COTA, on April 14-16.

Oliveira, who suffered tendon damage to his leg, plus Ducati's Enea Bastianini (fractured shoulder) are also aiming to return to MotoGP action at round 3.

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)