Honda's Marquez penalty decision to go to MotoGP Court of Appeal

Marquez wiped out RNF Aprilia rider Oliveira on the third lap of last Sunday’s grand prix in Portugal when he locked up under braking for Turn 3.

The incident left both unable to compete in this weekend’s Argentina GP, with Marquez undergoing surgery on Monday for a hand fracture while Oliveira is now recovering from tendon damage.

Marquez was hauled in front of the FIM stewards and was awarded a double long-lap penalty for the Argentina GP.

This was issued prior to Honda announcing he would be withdrawing from Argentina due to his injury, which would have meant the penalty would have gone unserved.

On Tuesday, however, the FIM issued an updated statement saying Marquez’s penalty would be upheld at the first round he is fit to return to.

On Tuesday, however, the FIM issued an updated statement saying Marquez's penalty would be upheld at the first round he is fit to return to.

Disgruntled by the decision, which it felt went against the regulations, Honda announced on Wednesday that it would appeal the penalty.

After a hearing on Thursday morning in Argentina, the FIM appeal stewards had elected to refer this matter to the Court of Appeal.

It is not clear yet when the Court of Appeal hearing will take place, but will have to do so prior to the Americas GP where Marquez is expected to return.

Prior to the FIM's updated penalty notification, RNF released its own statement calling for harsher punishments to be dished out to riders who are involved in incidents like the Marquez/Oliveira one.

The full statement from the FIM read:

Mr. Marc Marquez and the team, HRC - REPSOL HONDA TEAM (Alberto Puig) lodged a written appeal on 29/03/2023 at 02h16 (am) to the FIM Appeal Stewards with the deposit for appeal of 1320 Euros.

The appeal is lodged against the application of the Sanction imposed on Marc Marquez, Rider #93, issued by the FIM MotoGP Stewards Panel on 28 March 2023, in connection with the previous "Notification of Sanction", issued on 26 March 2023.

The penalty notified by the FIM MotoGP- Stewards Panel on 26/03/2023 was a "Double Long Lap Penalty for the GRAN PREMIO MICHELIN DE LA REPUBLICA ARGENTINA MotoGP- Race"

The application of the sanction imposed on Marc Marquez by the FIM MotoGP Stewards Panel ("Application of the Sanction") issued on 28/03/2023 was a "Double Long Lap Penalty" to be applied at the next MotoGP Race in which the rider will be able to participate.

1. Composition of the FIM APPEAL STEWARDS

The Panel of the FIM Appeal Stewards is made up of:
• Paul King FIM Appeal Steward
• Armando Marques FIM Appeal Steward (nominated by FMP)

2. Procedure

The appeal was regularly lodged in due form, with the appropriate fee guaranteed and within time deadlines stated by the FIM Administration (within 24 hours counted from the previous e-mail sent by the Repsol Honda Team Manager (ie before 29 March 2023, 07:57 CEST)).

The FIM Appeal Stewards were convened electronically on 29/03/2023. The following documents were submitted to the FIM Appeal Stewards:

- The notification of the FIM Sanction imposed by the FIM MotoGP Stewards Panel on 26 March 2023.
- The "Application of the Sanction" issued by the FIM MotoGP Stewards Panel on 28 March 2023.
- The Statement of Appeal edited by Mr. Marc Marquez and HRC - REPSOL HONDA TEAM.

3. The FIM Appeal Stewards' s considerations:

The 2 elements mentioned by the appellant relate to:

1) The validity of the "Application of the Sanction" stated by the FIM Stewards Panel 2) A request for a stay of the provisional execution of the "Application of the Sanction"

Considering, the circumstances of the case and the legal issues raised by the appeal filed by Mr. Marc Marquez and HRC - REPSOL HONDA TEAM team, the FIM Appeal Stewards decide to refer the case to the MotoGP Court of Appeal for the adequate resolution of the case.

4. The decision

Based upon this information, the FIM Appeal Stewards decide:

• to receive the Appeal (art. 3.3.3.2)
• to refer the case to the MotoGP Court of Appeal (art. 3.3.3.2)