Ferrari escaped penalty in Wednesday’s team orders disciplinary hearing because there was not enough proof, FIA president Jean Todt has confirmed.

Former Ferrari boss Todt, whose team order at the A1-Ring in 2002 famously triggered the imposition of the ban, admitted he suspects a similar order was in effect when Felipe Massa and Fernando Alonso swapped places at Hockenheim.

“I tend to agree as well,” said the Frenchman when told that many people believe July’s events constituted a rules breach.

“Before you say you are guilty, you need to be able to prove that you are guilty,” said Todt in a video interview with the BBC.

He said the Maranello based team “denied” Massa had slowed down to let Alonso past as the result of a team order.

But, away from the FIA’s headquarters at Place de la Concorde, Ferrari would clearly like to see the team orders rule repealed.

The governing body has vowed to reconsider the regulation, and team boss Stefano Domenicali agreed: “This is an important step towards transparency.”