I did notice this issue on all Ferrari's equipped with the front wheel fairings, but it just happens to be that just now on the F1.08 I noticed the probable regulation breach. Believe me, my vision and judgement are not blurred by my team preference.
BTW, I was googling around for the F1.08, and I stumbled upon a technical analysis by Autosport.com:
While to the side of these the front wheels sport fixed fairings, which had not been seen on the car up until this stage. Different in shape as the lower leading edge has a square shape, by putting the bodywork outside of the wheel rim, this is a step beyond what other teams have dared to with the wheel fairings.
Although within the rules as the fairing doesn't extend sideways beyond the car's maximum width or vertically below the rim, this might be seen a risk if the scrutineers don't agree with BMW's interpretation.
So it seems that there is no regulation breach for the time being, by both teams in question. Which IMO happens to be good for the sport, as it allows teams to continue with innovations all around the car, even though many areas have been heavily regulated and "frozen".
Autosport:Technical analysis of the BMW F1.08
Coincidentally written by our fellow member, Scarbs.