Despite the disappointment of seeing a season-opening podium go begging after Jarno Trulli was handed a time penalty after the chequered flag in Melbourne, Toyota has decided not to pursue the matter any further.

Trulli appeared on course for the third step of the podium when the safety car appeared to cover the clear-up of the accident involving Sebastian Vettel and Robert Kubica, but ran off the road while under caution and allowed McLaren's Lewis Hamilton to assume third place. A degree of confusion reigned, however, and, when Hamilton slowed, unsure of whether he would be penalised for passing the Italian, Trulli took the place back.

Although the veteran later claimed that he could not be certain whether Hamilton had developed a problem and was stopping, the stewards took the view that he had illegally regained his place while the field trailed around behind the safety car and slapped him with a 25-second time penalty that dropped him to twelfth place.

Despite team-mate Timo Glock inheriting fourth place in the reshuffle, Toyota immediately lodged an appeal against Trulli's punishment, but this action has now been rescinded.

"Following the decision by Australian Grand Prix stewards to impose a 25-second time penalty on Jarno Trulli, Toyota Motorsport filed notification of its intent to appeal," a Toyota Motorsport GmbH statement confirmed today [Wednesday]

"This action was taken to preserve any right it may have to utilise the appeal procedure and to give it time to consider in appropriate detail all the facts relating to the incident.

"Having considered recent judgments of the International Court of Appeal, and referring to the Sporting Code, it is believed that any appeal will be rejected on a procedural point such as that defined under article 152, paragraph 5 of the Sporting Code: 'Penalties of driving through or stopping in pit lanes together with certain penalties specified in FIA Championship regulations where this is expressly stated, are not susceptible to appeal'.

"Based on this Toyota Motorsport has decided that it would serve no benefit to pursue this course of action."

The decision not to pursue the appeal will leave Toyota third overall in the constructors' championship, one point behind McLaren, and 13 adrift of the Brawn team which finished 1-2 on debut.

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