FOTA says points change is not valid

The FIA announced on Tuesday that it would hand the world championship to the driver who scored the most wins in 2009. That decision was drawn criticism from several high profile figures, and FOTA now believes that the FIA is in fact not allowed to have made the change without the unanimous support of the teams.

In a statement issued on Friday, FOTA said that it hoped it could work together with the FIA for a new points structure to be put in place for 2010.

"Following the decision of the World Motorsport Council of the 17 March 2009 to change the way the drivers' championship is awarded, the Teams gathered and unanimously agreed to question the validity of this decision," said the statement.

"FOTA had made a proposal that was carefully based on the results of a Global Audience Survey, which allowed listening to preferences of the public, and all the Teams firmly believe that these indications should be properly taken into account.

"The amendment to the sporting regulations proposed by the World Motorsport Council was not performed in accordance with the procedure provided for by Appendix 5 of the Sporting Regulations and, as per the provisions of the article 199 of the FIA International Sporting Code, it is too late for FIA to impose a change for the 2009 season that has not obtained the unanimous agreement of all the competitors properly entered into the 2009 Formula 1 Championship.

"Since the change to the scoring system unanimously agreed by the Teams and proposed to FIA did not receive approval of the WMSC, no change can occur in 2009, and the Teams wish to reaffirm their willingness to collaborate with the FIA in order to jointly define a new point system for the 2010 season within a comprehensive set of measures aimed at further stimulating the attractiveness of the F1 Sport."

Appendix 5 of the F1 sporting regulations details how regulations can be changed in F1, while Article 199 of the International Sporting Code says that the FIA cannot make changes to the sporting regulations at this late stage without unanimous approval of the teams.

It says: "Changes to sporting rules and to all regulations other than those referred to in b) above are published at least 20 days prior to the opening date for entry applications for the championship concerned, but never later than 30 November each year.

"Such changes cannot come into effect before 1 January of the year following their publication, unless the FIA considers that the changes in question are likely to have a substantial impact on the technical design of the vehicle and/or the balance of performance between the cars, in which case they will come into effect no earlier than 1 January of the second year following their publication.

"d) Shorter notice periods...may be applied, provided that the unanimous agreement of all competitors properly entered for the championship or series concerned is obtained."