I don't think any team's technical department could consider themselves to be doing their job if they didn't exploit the regulations to the full extent possible. We've managed to completely veer away from the discussion of McLaren and Renault and their various espionage sagas into bashing Ferrari for breaching the spirit but not the letter of the rules, since the rules can only be applied so far as can be reliably tested, which I'm fairly certain is the basis for inclusion of 'reasonable doubt' in regular criminal law in most democratic countries.
I actually find that mildly amusing, you mention the basis of reasonable doubt regarding the application of technical regulations, yet the FIA completely ignore that (and quite clearly say they are ignoring it) when applying the sporting regulations in the McLaren case.
You see you can't have it working one way and not the other, if you are arguing that the benefit of the doubt should be given in regard technical infringements then please explain why the same should not be applied in regard to the sporting regulations?
The FIA have said that McLaren should be punished because they had Ferrari data (which McLaren do not deny) and that they
may, according to the FIA, have used it (which McLaren deny and the FIA can not prove).
It should also be remembered that the flexible stay is breaching the letter of the regulations - Article 3.15
FIA F1 Technical regulations
3.15 Aerodynamic influence :
With the exception of the cover described in Article 6.5.2 (when used in the pit lane) and the ducts
described in Article 11.4, any specific part of the car influencing its aerodynamic performance :
- Must comply with the rules relating to bodywork.
- Must be rigidly secured to the entirely sprung part of the car (rigidly secured means not having any degree of freedom).
- Must remain immobile in relation to the sprung part of the car.
Any device or construction that is designed to bridge the gap between the sprung part of the car and the ground is prohibited under all circumstances.
No part having an aerodynamic influence and no part of the bodywork, with the exception of the skid block in 3.13 above, may under any circumstances be located below the reference plane.
The flexible stay allows the front splitter to move under high loads, as the front splitter is clearly an aerodynamic component, I would love to know how this was not a clear breach of the technical regulations.
So you see this does have direct relevance to the topic of the thread, the technical regulation are not being subjected to the same 'test of proof' that is applied to the sporting regulations. That this came up most clearly during the hearing regarding the McLaren sporting regulations hearing is quite another matter. A breach of the technical regulations was openly discussed during a meeting that resulted in the single largest fine for a sporting regulations breach, yet no action was taken in regard to the technical regulation breach (other than the scrutineers test was tightened and teams were asked not to do this).
This is not a case of Ferrari bashing, its a discrepancy in how sporting and technical regulations are enforced and the 'burden of proof' that each are subject to, areas that are directly relevant to this discussion.
Regards
Scaff