British Superbike boss Stuart Higgs has reponded to the row over Rapid Solicitors Kawasaki evading the series' foreign test ban, saying that although no rules were directly broken, it is debateable whether the actions were sporting.

The team tested without their Motec spec-ECU, which was left in the UK (see picture below), and used Kawasaki kit parts at Cartagena at the weekend. The actual rules over testing built in some leeway to accommodate teams which use hybrid BSB/FIM- spec engines and non-Motec electronics for events such as the Isle of Man TT.

However, this was exploited by the reigning champions, even though they do not race on the roads. Earlier in the year Martin Jessopp tested in Portgual on a BMW S1000RR in Superstock specification.

"To our knowledge the PBM bikes used in Cartegena did not fully comply to BSB class technical regulations – in particular the BSB spec ECUs were not fitted to any of the bikes. We know that because at our instruction they were impounded in the UK at Motec," said Higgs, speaking to bikesportnews.com this lunchtime.

"Whether the team acted in the spirit of the regulation is hugely debateable, there was certainly ambiguity built in to accommodate, in particular, the roads teams as there are some who do both disciplines and who did not want to be disadvantaged.

"It was a reasonable assumption that teams not doing the roads would have no real benefit and a cost/time impact of changing ECUs and running a non-compatible bike, diminishing the value of testing.

"The team informed us that the bike was running a Kawasaki kit ECU and ignition, and this was verified on site, so on a black and white basis the bike was not a fully compliant BSB bike and if presented at a BSB meeting in the same specification it was used at the weekend it would fail technical control and be ineligible to race.

"It's not a satisfactory way to start the season and I’ll be convening a teams' group meeting at the first opportunity to tidy this up."