Should Valentino Rossi have been penalized for this?

While the Marco Simoncelli pass on Dani Pedrosa at Le Mans is still raging, these new pics from Le Mans will only add more fire to all the controversy.
The two pics from Malone and published in the Gazzetta dello Sport shows Valentino Rossi passing Andrea Dovizioso immediately after Pedrosa’s crash and under the yellow flag regime, which everyone knows means that riders must maintain their positions and not attempt any overtaking.

Since most of the TV footage at that precise moment was on the Simoncelli/Pedrosa incident, we really missed this, but the photographer’s camera didn’t, so we’d like to have your opinions as the Race Direction who was handing out penalties like flyers yesterday didn’t deem it necessary to punish this.

But to be fair, the Race Direction does see much more than we do, not only do they have the entire broadcast feed, they also have closed circuit cameras available to them and marshals reporting back if they see anything that seems out of order.