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If Ferrari does this same test and interprets the rules to require a two or three year old car with a test driver, how can Merc defend their use of a current car with current drivers (anonymized with alternate helmets). How much "grey-area" could there possibly be?
Also, as Steve Matchett pointed out, every team puts out press releases every single time a car hits the track. Always. The press release from this non-secret-totally-above-board-and-legal-test seems to have been lost in the mail.