I left out 9.1.1.c because it just didn't seem pertinent. There's been no suggestion of attempted blocking in the case at hand and I wouldn't be doing it in the situation that I anticipate above.
Remembering that this is one of those situations we talked about at VIR - an academic online discussion rather than "real life" - I didn't say anything about locking up brakes going into T1 five-wide on a start.
The situation that I describe is the type I mentioned earlier, where I might breathe the throttle where someone else expects me to be hard on the gas. No brake lights and a sudden lack of acceleration on my part, compounded by a guage or mirror check on the other's make it relatively easy for the him to miss out on what is up and run up my backside.
THAT'S the kind of situation in which I would wave - the kind of situation that it's now being suggested that I had BETTER NOT.
If I get rear ended in that situation, it's not a "racing incident." It's the following driver not avoiding physical contact (9.1.1.a.), failing to give me racing room (9.1.1.b.), and not executing a pass safely (9.1.2) due to his error. I'd rather help him NOT make it.
I've alluded to it but not said it straight out - even if the intent WAS to signal a busted car, I think that it's incumbent on the passing driver to look for more evidence that a car is disabled before passing it, particularly under a double yellow where the few seconds required to assess the situation won't have a drastic cost.
Further - like some others here, I think - I'm left with doubts that the passing driver in this case actually knew that the yellow was out before executing the move.
I don't have a lot to go on so this is a huge supposition but it's not hard to imagine that the sequence of events went more like, (a) guy in front lifts for yellows, (
he waves his hands to alert following guy, © following guy passes leading guy (due to reduced pace) and sees hand waving after committing to the move, (d) passer sees yellows, realizes mistake, and tries to undo his error by letting the other guy back by, (e) race ends, (f) passer-under-yellow takes advantage of passee's good intentions and makes a case after the fact after checking the GCR - probably after the stewards' actions against him - and finally, (g) he posts his question here to bolster both his case and the belief that he's been wronged.
Sound plausible?
Of course, I could be very wrong.
K