McLaren chief executive Zak Brown has called on the FIA to hit Red Bull with sporting as well as financial penalties for breaching last year's budget cap, insisting that it "constitutes cheating".
In a letter addressed to FIA president Mohammed Ben Sulayem, and circulated to other teams who were found to be compliant with the regulations, Brown argued for a reduction in Red Bull's 2023 cost cap equal to double the amount by which they have breached the cap, and for a reduction in their permitted research and development next year.
"An overspend of $2 million in 2021, which is identified in 2022, would result in a $4 million deduction in 2023 ($2 million – £1.76m – to offset the overspend plus $2 million fine)," Brown wrote. "In addition, we believe there should be minor overspend sporting penalties of a 20 per cent reduction in CFD and wind tunnel time. These should be enforced in the following year, to mitigate against the unfair advantage the team has and will continue to benefit from."
Red Bull were last week found guilty of 'procedural' and 'minor overspend' breaches with regard to the 2021 budget cap, which was set at $145 million (£132 million) in what was the first year of its existence. Aston Martin were also found guilty of a 'procedural breach' while Williams have already been fined $25,000 (£22,000) for an earlier procedural breach.
The FIA, motorsport's world governing body, did not release any details beyond that and it is unclear what sanctions it will impose, or whether Red Bull will challenge them. The Milton Keynes-based team continue to deny they overspent, reacting to last week's ruling by expressing their "surprise and disappointment" and saying they would consider their position.
Once the FIA decides on a punishment Red Bull have the option to accept it – an ABA (Accepted Breach Agreement) – or reject it and go to an independent adjudication panel, although that could result in more severe punishment if they lose.
The lack of concrete details around the case has not stopped Red Bull's rivals from exerting intense pressure on the FIA to hit this year's de facto champions with robust sanctions.
Possible outcomes for a minor breach include a financial penalty and/or any minor sporting penalties.
In theory that could mean a loss of championship points from either or both of the 2021 drivers' and constructors' championships, suspension from one or more rounds of last year's championship, a reduction of their future cap, or limitations with regard to future testing.
In his letter, Brown argued for the upper end of that scale, although he stopped short of calling for Max Verstappen's drivers' title to be returned.
Red Bull driver Max Verstappen won the drivers' championship. Photo / AP
He did, though, point out that even a 'minor' overspend – which can be anything up to five per cent of the total cap ($7.25 million, £6.60 million) could have a big impact on the championship.
Brown wrote: "The overspend breach, and possibly the procedural breaches, constitute cheating by offering a significant advantage across technical, sporting and financial regulations.
"The FIA has run an extremely thorough, collaborative and open process. We have even been given a one-year dress rehearsal (in 2020), with ample opportunity to seek any clarification if details were unclear. So, there is no reason for any team to now say they are surprised.
"The bottom line is any team who has overspent has gained an unfair advantage both in the current and following year's car development.
"We don't feel a financial penalty alone would be a suitable penalty for an overspend breach or a serious procedural breach. There clearly needs to be a sporting penalty in these instances, as determined by the FIA.
"We suggest that the overspend should be penalised by way of a reduction to the team's cost cap in the year following the ruling, and the penalty should be equal to the overspend plus a further fine – ie an overspend of $2m in 2021, which is identified in 2022, would result in a $4 million deduction in 2023 ($2 million to offset the overspend plus $2 million fine).
"For context, $2 million is (a) 25-50 per cent upgrade to (an) annual car-development budget and hence would have a significant positive and long-lasting benefit.
"In addition, we believe there should be minor overspend sporting penalties of a 20 per cent reduction in CFD and wind tunnel time. These should be enforced in the following year, to mitigate against the unfair advantage the team has and will continue to benefit from."
Brown ended his letter by saying he hoped the FIA released details of the offences as soon as possible, and added that the introduction of the cap was one of the main drivers of Formula One's current boom.
"It is paramount that the cost cap continues to be governed in a highly transparent manner, both in terms of the details of any violations and related penalties," wrote the American. "It will also be important to understand if, after the first full year of running and investigating the scheme, there needs to be further clarity on certain matters or any key learnings. Again, any insights or learnings should be shared across all teams – there can be no room for loopholes.
"The-cost cap introduction has been one of the main reasons we have attracted new shareholders and investors to F1 in recent years, as they see it as a way to drive financial and sporting fair play.
"It is therefore critical that we be very firm on implementing the rules of the cost cap for the integrity and the future of F1."
