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I think precedent is the one here for that border crossing. It was allowed a few years back so you could assume it's allowed now by precedent. And if not, then the burden fell on TCR to communicate it was no longer acceptable in the race manual. One could assume that by including banned roads they should include a banned crossing. I feel the burden falls on the event and not the rider in this case. In the end it's a fun event for amateurs, not professional racers.
skinny-
I argued with Mike about this at the finish of TCR4. The rules state not to break local laws, right? Well that border crossing is illegal for non-locals so it should've been banned in TCR4 but Mike just kinda said something like "you roll the dice on that one" because some people had tried to use it and were turned away, facing a large detour. I still think he was wrong on that and anyone that used that crossing should receive enough of a time penalty to put them behind whatever time I got...
hippy
Some thoughts by Malte on the preliminary results https://cyclingtourist.com/2022/10/13/tcr-no-8-preliminary-penalties-results/