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I think comparing this to Toyota's wing is a reach. They (Toyota) passed the tests to determine flex and passed scrutineering. Audi failed with a plank too worn. The ACO/FIA aren't going to change the rules because Audi couldn't keep the car off the ground. They changed the wording and tests for flexing bodywork because Toyota found a workaround the rules while staying 'within' the rules. Pretty much the same with Porsche's refueling advantage.
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