The FIA's International Court of Appeal has decided to reject the McLaren team's appeal of its Belgian Grand Prix penalty, declaring it inadmissable.
The sanction given at Spa-Francorchamps was a drive-through penalty, which cannot be appealed. When such a decision is taken by the race stewards after the conclusion of a race, 25 seconds are added to the driver's total running time as a substitute.
The ICA considers that the 25-second penalty replaces the drive-through option, and therefore cannot be appealed as well.
"In view of the foregoing, it follows that there is no need to examine the substance of the appeal submitted by McLaren," reads today's decision.
Hamilton cut through a chicane to avoid contact with Kimi Raikkonen during the closing stages of the Belgian race, passing ahead of the Ferrari driver. He immediately pulled back to give the lead position back to Raikkonen, just before overtaking him again at the following corner. The stewards considered the move improper.
Now that the matter has been closed, Felipe Massa is confirmed as the winner of the Belgian Grand Prix, while Lewis Hamilton's victory is transformed into a third-place result. The move in the final positions cost Hamilton four championship points, while Massa gained two.
Statement from the FIA:
At the Grand Prix of Belgium, run on 7 September 2008, and counting towards the 2008 FIA Formula One World Championship, the Stewards of the meeting imposed a drive-through penalty upon the driver of car No.22, Lewis Hamilton, for a breach of Article 30.3 (a) of the 2008 FIA Formula One Sporting Regulations and Appendix L, Chapter 4, Article 2 (g) of the International Sporting Code.
As the drive-through penalty was imposed at the end of the race, 25 seconds were added to the driver's elapsed race time in accordance with Article 16.3 of the FIA 2008 Formula One Sporting Regulations.
Article 152 of the International Sporting Code states that drive-through penalties are "not susceptible to appeal."
The competitor Vodafone McLaren Mercedes appealed the Steward's decision before the International Court of Appeal in a hearing in Paris on September 22nd.
Having heard the explanations of the parties the Court has concluded that the appeal is inadmissible."
