Orange Racing powered by JMH is a British based professional GT racing team, currently competing in the British GT Championship, with its McLaren 720S GT3 EVO.
At the opening round of the 2025 GT Championship at Donington Park, Orange Racing was disqualified by the stewards for a breach of parc fermé conditions following the race.
The term ‘parc fermé’ in the context of a race meeting essentially relates to the quarantining of vehicles after a race to enable race officials including scrutineers to inspect vehicles to ensure regulatory compliance.
Under Article 49.1 of the British GT Championship Sporting and Technical Regulations 2025 (CSTRs) “only those Officials responsible for supervision may enter parc fermé. No intervention of any kind is allowed while the cars are under parc fermé conditions unless authorised by such Officials”.
After the relevant race had finished and Orange Racing’s vehicle was parked in its garage, a member of the team had pushed the vehicle forwards during the course of preparations for transporting the vehicle away from the track at the end of the meeting. This activity, monitored by CCTV, was observed by the pit lane supervisor who reported the matter to the stewards who concluded that there had been a breach of Article 49.1 and imposed the penalty of disqualification from the race.
Orange Racing appealed to the Motorsport UK National Court (a) against the finding of breach of Article 49.1, and (b) against the penalty of disqualification. As to the former, it was argued that the conduct in question did not amount to an “intervention”. As to the latter, it was contended that the sanction of disqualification was wholly disproportionate and unmerited.
The National Court upheld the finding of breach of Article 49 but accepted the submission that the sanction of disqualification was wholly disproportionate and accordingly substituted that sanction with a fine.
Full details are in the Court’s decision.
The regulation of motor sport essentially operates on the principle of strict liability. This is perhaps reflected in the National Court’s ruling on the issue of breach in this case. However, it is clear that discretionary considerations can arise on the matter of sanction, hence the overturning of the disqualification.
The points awarded to Orange Racing at the Donington Park meeting have been reinstated, adding to their ongoing tally for the 2025 GT Championship.
Paul Gilroy KC appeared for Orange Racing, instructed by Alison Rocca of Beyond Corporate.
