Yeah I understand that but I believe that to be how the others interpreted it. Certainly I did. The would could also imply he should have been penalised but wasn't.
The English language is a bit funny like that isn't it.
The thing is I'm not sure how anybody can debate the legality or otherwise of the things that happen on track without referring to the regulations. There have been a lot of references to them in this thread but nobody actually quoting them, so I thought it was important to put them here because although we all have our opinion on what is fair that isn't the necessarily the same as what is allowed.