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There is an exception written into the rules so you would have to first look at the exception to see if it can reasonably be invoked. If the answer is no then you can go to the rule and apply it as set. If however the answer is yes then you have to see how closely it follows the guidelines and base any penalty on that. The exception takes precedence which is why it is there. To be focused on Mercedes or Pirelli instead of the exception is pointless, focus on the exception then the rule and try to reconciliate them. Then apply the finding to whomever.