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There is no written exception within the sporting regulations to the extent you infer. There are NO exceptions to the in-season testing ban of current cars. Sorry but you are defending an exception that does not exist. The only exceptions are one three day young driver test (open to drivers that have competed in no more than two world championship races) and four one day aerodynamic tests carried out on FIA approved straight line or constant radius sites. The test in question does not meet these requirements, does it?