Mercedes and Pirelli have been reprimanded for their roles in the controversial Formula One tire test in Barcelona, which followed the pit stop-heavy action of the Spanish grand prix. 
BBC chief F1 writer Andrew Benson reports that the FIA found Mercedes to be in breach of Formula One rules and subsequently banned the team from taking part in this year’s young driver test at Silverstone on July 17-19. The BBC reports that the FIA, Mercedes and Pirelli will share equally the costs of the investigation.
The tribunal’s verdict that Mercedes acted outside Article 22.4 of F1’s regulations by running an illegal in-season test with a current car was mitigated by several factors. The FIA found that: Pirelli and Mercedes did not act in bad faith or intend to gain an “unfair sporting advantage” during the test; the “essence of what they intended to do in relation to the test” had been disclosed to the FIA, while Mercedes “had no reason to believe that approval had not been given”; and FIA race director Charlie Whiting’s indication to Mercedes that testing with its 2013 car was permissible had been “taken in good faith.”
The young driver test ban makes sense for several reasons, and Autosport.com reports that Mercedes’ legal representative Paul Harris suggested during his statement that the reprimand and ban would be an appropriate punishment in the event that Mercedes was found guilty of contravening regulations.
The young driver test gives F1 teams full control over data gleaned from the event, therefore one can see the logic in denying Mercedes that in-season access in 2013 given the tribunal’s verdict. It is also convenient, as it comes under the FIA’s jurisdiction and is considerably less high profile than any grand prix-based penalty, for example, would have been.
During the tribunal, Pirelli counsel Dominique Dumas contended that the tire manufacturer could not be subject to the FIA’s jurisdiction as it is a supplier, though the FIA responded that Pirelli’s contract binds the tire supplier by Formula One regulations.
Meanwhile Mercedes, which as an F1 team certainly is subject to the FIA’s authority, contended that it could not have broken any rules since the test was conducted by Pirelli. The test utilized the current 2013 Mercedes car and the team’s two current drivers wearing unmarked helmets. It appears that while the use of the car and drivers is permitted by F1 regulations as long as Pirelli conducted the test, the regulation allowing for this eventuality is also subject to other teams being invited to participate.
During the hearing it was revealed that two Mercedes representatives – team principal Ross Brawn and sporting director Ron Meadows – had asked FIA race director Charlie Whiting about the permissibility of using the 2013 car on May 2 before the test took place.
FIA counsel Mark Howard acknowledged that Whiting told Brawn that the FIA could allow Pirelli to conduct a test using Mercedes’ 2013 car on the proviso that Pirelli could demonstrate that it had invited all other teams to participate, adding that the FIA’s position was not binding. But he added that it was "very odd” that “Mercedes and Pirelli went ahead without getting back to Mr. Whiting and making clear precisely ultimately what they were intending to do."
It is ultimately Howard’s contention that “Without the knowledge, consent and participation of other competitors, Mercedes and Pirelli may have engaged in activity that was prejudicial to the competition." (Tyres & Accessories)
