Jake Dennis admits he was "disappointed" with the penalty handed out to Dan Ticktum in Sao Paulo as he called for Formula E to review the system.
The championship hopeful has now failed to score points in his last three races after being involved in collisions in India and Brazil. The Avalanche Andretti remains firmly in the hunt for his first title, trailing Pascal Wehrlein by 24 points, ahead of this weekend's race in Berlin.
Dennis is looking to bounce back after he was smashed out four weeks ago by NIO's Dan Ticktum, who would go on to receive a 15-second time penalty, dropping him from 12th to 17th in the classification. The Andretti man, whose race ended early on, has issues with the system, which he doesn't see as enough of a deterrent to prevent collisions or reckless driving.
He told Mirror Sport: "I was pretty disappointed with the penalty to be honest. Say if it was me and Pascal and I just smashed him straight out of the race when I'm leading the championship, as long as I finish the race I know my penalty will happen in that race which I don't agree with, I feel like it should be the next race.
"Otherwise I can smash my competitor off the track and drive around with a broken front wing and keep circulating until they give me the penalty and then I'm done. I feel like the penalty system needs to be reviewed a bit, there's so many loopholes in it.
"There's so many different things you can do to avoid penalties or take them in races you weren't going to score any points in. There's nothing I can do about it but I don't think (Ticktum's) penalty was worth, I feel like it should've been a grid drop for the next race."
Dennis and Andretti's early season pace, which led to suggestions of a two-man shootout between himself and Wehrlein, has now faded away with their rivals closing the gap. The Brit, now into his third season in Formula E, has struggled to put his car in a competitive position during qualification and admits the outfit are not producing what they should.
"I think we're definitely underperforming right now, there's no two ways about it," he added. "If we went to Mexico and Saudi now, even if I qualified on the front row I wouldn't pull away by eight seconds and do what I did, purely because Jaguar, Envision and DS are so much faster than they were. I do think that Porsche has the fastest race car, the package is the best one to have."
Watch the 2023 SABIC Berlin E-Prix live on terrestrial television on Channel 4 at 14:00 BST on Saturday 22 April and Sunday 23 April.
