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I Agree, Sykes had already passed Guintoli then re-joined without any advantage over his latest position. Of course if the runoff was not paved it would have been a different matter. Rules are rules and have been correctly upheld for this incident HOWEVER I disagree with it, I believe that as soon as you run off you should be subject to an immediate penalty. The paved runoff is there for the safety of the riders only.
In theory, once you have left the road you have crashed! (Its Road Racing afterall)