The Land Rover Defender: Legal Complexities, Historical Evolution, EU Exclusion, and Legacy
Written by Business of Motorsport Tutor & Anti-doping & Ethics expert Michele Verroken
Watching F1 racing, the speed, skill, decision-making and technology makes me interested in how doping might manifest itself in this sport. Several sports have far more potential for doping as a means to enhance performance; sports such as weightlifting (power/strength), cycling or marathon running (endurance, oxygen capacity) have direct benefits from certain drugs. Is the same true of motorsports?
Here is a sport with an ongoing battle, technological innovations prompt regulations to manage the competitive fairness of the sport. F1 has seen numerous incidents of cheating the rules to gain advantage with controversy over the exploitation of technology and manipulation of rules, examples include Spygate/McLaren 2007, Crashgate/Renault 2008 come to mind).
What about the potential for doping to enhance performance in motorsport?
In my view, like all sports, the potential for doping exists, but not all doping is cheating! Closer examination of the rules and the procedures involved in anti-doping may help to understand the complexities of this threat to the integrity, health and safety of motorsport.
Although not all sports have the same physical and/or mental requirements, most sports apply the same anti-doping rules, based on the World Anti-Doping Code. This can raise questions about the credibility of anti-doping rules that are so generic, but we are where we are, for Olympic and most sports, one set of general rules to deter and detect doping.
Anti-doping rules under the Code are based on a List of Prohibited Substances and Methods, a list of pharmacological classes including the following:
- Anabolic Agents
- Peptide Hormones, hormone modulators
- Beta2agonists
- Diuretics and masking agents
- Stimulants
- Narcotics
- Cannabinoids
- Glucocorticoids
And for certain sports, including motorsports (under FIA jurisdiction), the class of betablockers is an additional prohibited class.
Historical Development and Model Evolution
The World Anti-Doping Agency determines what should be prohibited based on 3 criteria, a substance/method has to meet two to be included:
- Actual or potential to enhance performance
- Actual or potential health risk to the athlete
- Violates the spirit of sport (described in the Code)
(summarised, for specific wording, see Article 4.3 of the World Anti-Doping Code)
Looking at the effects of these drugs on the body, their use, in the right circumstances, (such as resistance training) can increase strength, power, alertness and reduce fatigue. For motorsports the misuse of drugs that could enhance awareness and reactions, reduce pain and regulate heart rate are a particular risk.
Included within the Prohibited List are several medications intended to treat genuine medical conditions. Use in those circumstances would be justifiable and the anti-doping system allows for therapeutic use to be approved, although an independent medical panel should agree this in advance of use in any competitive or training activity.
Also hidden within this list are substances that are illicit substances of abuse, for example cannabis, cocaine and heroin. Substances that are prohibited under criminal law. Importantly for safety in motorsports, anti-doping rules ban the use of these substances as their use could impact the health and safety of participants and spectators too.
Alcohol was previously on the Prohibited List. In 2018, the World Anti-Doping Agency removed alcohol from its general list and transferred responsibility to individual sports federations to decide on their own rules about prohibiting alcohol, similar to the approach to ban in specific sports that applies to beta blockers.
As part of my previous role at UK Sport, I recall discussions with motorsports authorities about the risks of alcohol use in the sport and options for controlling this. The Medical Officer was very supportive of the proactive deterrent I proposed, which led to the introduction of the alcohol testing regime in place today, breath testing prior to competition. This commonsense approach to health and safety in the sport was unique a little controversial, but effective. An early testing session identified one driver expecting to compete, who had driven to the course that day, to be already over the limit! Immediate exclusion was imposed. Zero tolerance continues to this day.
Here is the current FIA Policy
FIA Anti-Alcohol Policy Overview
While alcohol is no longer on the general World Anti-Doping Agency (WADA) prohibited list, the FIA maintains its own strict rules due to the paramount importance of safety in motor sport.
- Prohibition: The presence of alcohol in a driver’s body during an International Competition is strictly prohibited.
- Testing: The FIA and/or stewards on-site can require random or targeted testing. Testing typically occurs from three hours before a race/qualification/test until 30 minutes after (with a specific procedure for podium ceremonies).
- Zero-Tolerance Principle: The policy is strictly implemented with a zero-tolerance principle, meaning any positive test (above 0 mg/L, accounting for margin of error) results in immediate action.
Sanctions for Violations
Failing an anti-alcohol test results in severe penalties for drivers and officials:
- Immediate disqualification from the entire event’s competitions.
- Additional sanctions on a fixed scale, which may include a fine and a suspension ranging from one month to four years, depending on the alcohol level detected and the number of previous breaches.
- Refusal to test is considered a breach of regulations and is referred immediately to the stewards, resulting in similar severe penalties.
- Officials failing a test are immediately removed from their duties for the event and face a potential suspension of one month to four years.
Therapeutic Use Exemptions (TUEs)
In rare cases, waivers for specific medical conditions, such as endogenous ethanol production (a condition where the body naturally produces alcohol), can be requested through the proper Therapeutic Use Exemption (TUE) process.
For detailed information, the official FIA Anti-Alcohol Regulations and the International Sporting Code and Appendices are available on the FIA website.
Anti-Alcohol: Alcohol testing is essential to safety in motor sport
As it is no longer a doping prohibited substance, there was a necessity and an opportunity for the FIA to create its own alcohol testing system. The World Motor Sport Council has adopted anti-alcohol regulations (Appendix C to the International Sporting Code) in March 2018.
– What is the scope of the regulations?
– The presence of alcohol in a driver’s body during an International Competition is prohibited.
– The FIA and/or the Stewards on site can require a testing (random or targeted).
– What are the sanctions?
Written by Michele Verroken
Tutor | MA Business of Motorsport
