Italian Max Biaggi was handed victory in the British Grand Prix on Sunday after Valentino Rossi received a 10-second penalty for overtaking while yellow warning flags were displayed.

World champion Rossi had taken the chequered flag, topped the podium and celebrated with the 72,000 crowd when he was summoned to race control to review the incident, which happened on the second of 30 laps.

The penalty meant Honda's Biaggi moved up from second to secure his first victory of the season, with Spain's Sete Gibernau climbing from third to second. Rossi was placed third.

"The final result is disappointing," Rossi said. "I did nothing wrong intentionally. I ...never saw the flags. I am disappointed but rules are rules and I can't argue with the law. I didn't take advantage of the situation and went on to win the race.

Rossi's lead over Gibernau in the championship at the halfway point of the season was consequently cut to 34 points, while Biaggi moved to within three points of the Catalan in third place in the standings.

"I only hope the outcome of the race does not affect the championship," the 24-year-old Rossi added. "I won a hard fought race clean ... on the track not in the office."

Race director Paul Butler said the offence had occurred when Rossi overtook Ducati's Loris Capirossi on the first corner of the second lap, while marshals were still clearing the gravel after Tohru Ukawa crashed out on the first lap.

The incident had not immediately been brought to the attention of officials and, when it finally was, they waited until Rossi was able to provide his explanation.

Rossi's Honda team will not appeal against the verdict.

There are no mandatory penalties for such an offence, Butler said, and race officials believe the punishment reflected what would have happened if Rossi had been given a stop-go penalty during the race.

"As a rider I sympathise with Rossi," said Biaggi, who has not always seen eye-to-eye with his young compatriot.

"I understand what he must be feeling because the same happened to me in a race in Barcelona in 1998 which I won on the track."

"The only difference is that that decision subsequently cost me the championship."

LAP RECORD

When the incident occurred, Rossi was on his way to a lap record of one minute 31.023, which moved him into second place behind Biaggi.

Biaggi had started from pole position for the first time this season and made it to the first corner well ahead of the field, taking full advantage of Rossi's poor start from fourth on the grid.

But Rossi was soon tucked in behind the 32-year-old Roman and he finally cracked on lap 12, going wide at the chicane and letting Rossi through for a lead he never looked like relinquishing.

Biaggi sat in behind the world champion and finished comfortably ahead of Gibernau, who had a lonely ride for what was initially third place.

Italian Capirossi and Australian Troy Bayliss finished fourth and fifth for Ducati, with Capirossi fortunate to narrowly miss Marco Melandri's sliding Yamaha when his compatriot came off on lap four.

The penalty denied Rossi his fourth win of the season and four straight victories in the premier class of grand prix racing at Donington.

In the earlier races there were firsts for two Spanish riders. Fonsi Nieto grabbed his first win of the season after a ding-dong battle with San Marino's Manuel Poggiali in the 250cc class, while 16-year-old Hector Barbera won his first grand prix when he took the chequered flag in the 125cc race. 

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