The FIA do not worry by what means you get the power down, so long as the driver has some control over the vehicle throughout the two runs.
Dids the rear fin have control over its position during each run?
The car was a naturally aspirated V-10 which I understood, coming as it did from a vehicle manufacturer, would not be an eligible power unit in F1 from January '06. Of course if it had been badged Torro Rosso then it would be a current F1 car specification - and may have gone just as fast. So the F1 record rules seem to allow any age of car.