He's probably referring to the 3.17 tests (which the RBR passes)
FIA 2011 Regs
Lots of it is vague,
e.g.
3.15 Aerodynamic influence :
With the exception of the driver adjustable bodywork described in Article 3.18 (in addition to minimal parts
solely associated with its actuation) and the ducts described in Article 11.4, any specific part of the car
influencing its aerodynamic performance
- must comply with the rules relating to bodywork ;
- must be rigidly secured to the entirely sprung part of the car (rigidly secured means not having any
degree of freedom) ;
- must remain immobile in relation to the sprung part of the car.
Any device or construction that is designed to bridge the gap between the sprung part of the car and the
ground is prohibited under all circumstances.
No part having an aerodynamic influence and no part of the bodywork, with the exception of the skid block
in 3.13 above, may under any circumstances be located below the reference plane.
And if the flex outline comparison you have previouslt posted is correct,
You'd think it contravenes that at least.
However, something CS||Nuts said possibly rings true, and that is that regulation seems quite clear, but they then put Section 3.17 in with all the specific tests, which implies that 3.15 is to be interpreted as a guideline,not a regulation?
I can't believe that looking at the video evidence etc, that it actually isn't contravening something in there, but if the FIA insist on treating a regulation as a guideline, I guess it's a case of 'when in Rome..'
I've never said it's illegal, since it clearly always was OK'd by the FIA, However I just see it in the same vein as glitchers in FPS Games, not the kind of 'innovation' I'd be proud of.. (And don't take that too literally, I'm not hopping up and down all hot under the collar!)