With Race Direction handing out penalties to Casey Stoner and then Marco Simoncelli at Le Mans on Sunday - Valentino Rossi can perhaps count himself lucky to not be punished for this borderline 'pass' under a yellow flag.

The picture shows Rossi moving back past Andrea Dovizioso as they arrive at the turn where yellow flags were being waved in the aftermath of Dani Pedrosa's accident.

It would have been a harsh call had Rossi been punished, since the passing with Dovizioso began at the previous corner and the pair arrived at the yellow flags almost side-by-side.

TV images showed Rossi initially passed Dovi when he ran wide through Garage Vert, but the #4 was then able to get a better exit onto the back straight, putting him almost a bike-length ahead of Rossi as they reached the braking area for the corner where the flags were being waved.

At that point Dovizioso, perhaps having seen the yellow flags or even fearing he would be punished for passing, hit the brakes slightly earlier than Rossi - and the seven-time MotoGP champion re-claimed the position up the inside.

Dovizioso later regained second place from Rossi, who went on to take his first podium for Ducati with third.

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