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When the WCM \"step one\" engines failed in Suzuka (they withdrew from the race, partly because of legal threats from the FIM, partly because they ran out of engines that ran), it looked like they were out for a few races while the \"step two\" engines were finished. With all that spare time on their hands, there being no engines to build, they took to reading the Technical Regulations for a bit of light relief. Lo and Behold they discovered that the \"Flammini Rule\" didn\'t actually say exactly what everyone had assumed it meant... This is the rule that keeps SuperBikes happy by not allowing Superbikes or their engine cases into GP races and vice versa, in order to protect Flammini\'s turf. All OK except that the wording is very woolly, so WCM decided it was better to test the rule book than to sit out a few races - in WCM’s interpretation, either any engine is allowed in, or all engines on the GP grid are equally illegal, and they do argue a pretty good point. When you look at the FP-1 in superbikes, the definition of what is and what isn’t a production bike their case looks even better. There are probably more RC211Vs on the planet at the moment then the FP-1s. Foggy Petronas have to produce 150 bikes to be able to race in SBK – and apparently they have been built but where are they? Ever tried to buy one? Go and find a dealer and see if they can get one for you. Good Luck. WCM also have a New York lawyer who agrees and is prepared to argue the point (presumably in return for a sizeable portion of this year\'s race budget).
So in South Africa when WCM turned up with close relatives of R1 engines (that they had been using in pre-season testing to get some chassis-sorting laps in) the FIM banned them from racing. Appealing the decision got WCM nowhere because the final arbitration at the race is the FIM-appointed stewards, so guess who they will always vote with! Same deal in Jerez, WCM turns up again and the stewards have to disallow the bikes because they are the same and therefore still subject to the FIM\'s ban; sorry WCM but no racing in Jerez either. WCMs lawyer reckons an \'unfair restraint of trade\' suit is called for, complete with damages claims. Arbitration hearing set down for the end of next week...
The whole thing is now a bit of a pissing contest between Dorna, IRTA, etc (the bodies who actually run GPs) and the FIM (think/wish they still did). Probably an \'accommodation\' will have to be reached, as the FIM is handed at least 6 million a year by Dorna, and it seems to have escaped the FIM that this is to ensure they piss off and leave Dorna to get on with it. Do they want their easy money, or not?
Expect WCM to turn up to a race soon with the tuning fork emblems ground of their cases and ‘viola’ WCM can race. Also expect some out of court compensation cheques of very large amounts to change hands too.
