I would sway on the side of un-intentional negligence, and just not being thorough enough, much the same as happened to me last year with the emulsion tube......if such a respected team and respected engine builder were going to intentionally bend the rules (Disclaimer - I don't think they did it intentionally), they are both far far more clever than simply cheating the ignition timing, which is blindingly obvious for the scroots to eventually find......... they will both know legal loop-holes that are quite safe, and are still probably using those......perhaps the engine was built in a rush, and not fully checked, perhaps the flywheel slipped a bit during operation, this does happen with taper-fit shafts if they are not correctly torqued up or lapped in, or if the key is not seated properly, its happened to me on Hondas whereby the flywheel slipped on the taper-shaft, but thankfully it retarded the ignition, not advanced it.
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