activation must be logged by the ECU it would be noticed. the ECU also monitors the charging and discharging cycles of the batteries anything unusual would be noticed.
What I am describing is between the batteries and the ECU, between the KERS motor and the ECU. The ECU is going to know the battery is discharging. The ECU doesn't know the nature of the analog circuit itself. A simple circuit of a battery pack and a capacitor alone opens the door to Much Shenanigans, and it would be very hard to differentiate what is the natural process of the system and what is "overly helpful" to the driver.
The FIA inspector would have to pour through all the turns and examine the data for minute moments when wheel spin is shown. He's got a trace of the I/O from the KERS system. He would see *sometimes* where the impedance of the KERS motor goes down, and where the output of the battery/cap system oscillates.
Is that TC? The team would argue that it's hysteresis in the system. The system has to have a hardware way of protecting the battery from over voltage, too rapid discharge, a battery malfunctioning (consider it's not one battery - it's a pack of batteries), all sorts of combinations of *electrical*, not *digital* situations that requires *hardware* to be present in the circuit.
If it turns out that hardware - batteries, capacitors, coils, even the wiring or the grounding scheme - has a hysteresis that smooths the delivery of power, or "cleans" it up, the FIA inspector then has the onus of proving that it's behavior is intentional.
I might imagine "mystery oscillations" are probably rampant in the KERS data. Analog electrical components are pretty non-linear in general, and can do some interestingly counter intuitive things suddenly when the temperature changes, or crosses a particular threshold.
Consider the angle that you can't legistlate the analog side of the ECU, because ultimately the team is going to have a base design philosophy of making a KERS system that is as efficient at collecting and delivering power as possible. Electrical power is not binary like chemical combustion - it can be modulated or continuous, in varying strengths AND discharged with varying timings and curves. Unless the FIA wants to open the kettle of worms that regulates the precise timing of these features you can't change the nature of the analog portion of the system. You'd also find it impossible, because you couldn't regulate a particular continuous curve or temporal range for an energy output without creating disasters where things over run or under run.
The KERS motor would have to be hardwired to a single 100% on/off switch controled by the ECU, and then hard wired straight to the battery, to negate gimmicking that portion of the system. Which can't happen - you'd have batteries blowing up, motors burning up, uncontrolled wheelspin, engines lugging... that's just not practical.
Analog circuitry is not like digital, it's a land of many non-linearities and arcane trickery. A lot of which may be getting obscured by time, as older electrical engineers are pushed out by guys just educated in control systems. Between a super genius programmer, and a super genius EE, I would suspect they could find many ways of implementing KERS smoothing that would take a long while for the non-genius to discern it's presence.