The whole dispute will revolve around the intention of the testing ban. Thus far all the complaints are centred on the assumption that the permission for Pirelli to instigate 1,000km tyre tests is the same as instigating car testing. Clearly the regulations were written to limit teams
testing their cars predating, and without any consideration to, the emergence of the tyre issues and Pirelli's request for specific tyre tests. In other cases of "grey areas" in the rules FIA investigations have resulted in clarification of the rules and setting out associated penalties that will be applied for future transgressions.
It seems to me that there are two distinct kinds of testing and that the current regulations do not make that distinction. Unfortunately, Hembery's latest statements (other posters above have included links so check them out) have only served to sew more doubt. Earlier statements suggested that some 2013 tyres had been tested but now he says they were not. Such back-tracking and inconsistency of message will surely not help their case.
A way to resolve this whole thing, I suggest, is for a considered approach that will diffuse the current situation and remove the emphasis on a blame game. The FIA should at the very least confine any punishment to a slap on the wrist since their faffing around has not helped anyone including themselves. Most importantly the FIA, Pirelli and the teams must work together to come up with a clarification and refinement of the rules. They can do that by, among other things:
- Defining clearly two kinds of test: a) Car development tests and b) Tyre development tests.
- Setting out precisely who carries out the tyre test in terms that define a) what year of car cannot be used (easier than trying to come up with a complicated description of acceptable parameters); b) who is allowed to drive the car (i.e. reserve/test driver or regular race driver); and c) who runs it - as currently defined as Pirelli in the FIA memo but not exactly explicit in the existing regulations.
- Clarifying and setting out the exact process that the FIA wants Pirelli to follow with regard to recruiting teams for its tests.
Most of the issues above are to do with communication and openness. It's not rocket science and if I can think stuff up then so can they. Whilst the comedy is quite entertaining and keeps us occupied in between races it isn't actually very good. There are plenty of wreckers who are taking this opportunity and rubbing their hands with glee as they slag off each others favourite blokes. As we all know that can rub off on the powers that be who often knee jerk to popular opinion. Usually we wind up with distorted or even highly unjust decisions and a tarnished championship season. Quite frankly, although there have been relatively few of those, I've seen enough of them.
Note: The approach I have outlined above would set the parameters for any future tyre supplier as well,
should the contract with Pirelli not be renewed.