National Stock Car Racing Chief Appellate Officer’s statement regarding second appeal from Penske Racing

Screen Shot 2013-05-07 at 9.25.06 PMOn May 7, 2013 the Chief Appellate Officer heard and considered the appeal of the penalties from the No. 2 and No. 22 Penske Racing NASCAR Sprint Cup Series teams.  These penalties stemmed from pre-race inspection for the NASCAR Sprint Cup Series at Texas Motor Speedway April 13.

The penalties concern Sections 12-1: Actions detrimental to stock car racing; 12-4J: Any determination by NASCAR Officials that race equipment used in the event does not conform to the NASCAR rules detailed in Section 20 of the NASCAR rule book, or has not been approved by NASCAR prior to the event; and

20-12: All suspension systems and components must be approved by NASCAR. Prior to being used in competition, all suspension systems and components must be submitted in a completed form/assembly to the office of the NASCAR competition administrator for consideration of approval and approved by NASCAR. Each such part may thereafter be used until NASCAR determines that such part is no longer eligible. All suspension fasteners and mounting hardware must be made of solid magnetic steel. All front end and rear end suspension mounts with mounting hardware assembled must have single round mounting holes that are the correct size for the fastener being used. All front end and rear end suspension mounts and mounting hardware must not allow movement or realignment of any suspension component beyond component normal rotation or suspension travel.

The original penalties assessed to the No. 2 team were:

* Crew chief (Paul Wolfe): $100,000 fine; suspended from NASCAR until the completion of the next six NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race); placed on NASCAR probation until Dec. 31;

*  Car chief Jerry Kelley, team engineer Brian Wilson and competition director Travis Geisler (serves as competition director for both the No. 2 and No. 22 cars): Suspended from NASCAR until the completion of the next six NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race); placed on NASCAR probation until Dec. 31;

* Car owner Roger Penske: Loss of 25 championship owner points;

* Driver Brad Keselowski: Loss of 25 championship driver points.

The original penalties assessed to the No. 22 team were:

* Crew chief (Todd Gordon): $100,000 fine; suspended from NASCAR until the completion of the next six NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race); placed on NASCAR probation until Dec. 31;

* Car chief Raymond Fox and team engineer Samuel Stanley: Suspended from NASCAR until the completion of the next six NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race); placed on NASCAR probation until Dec. 31;

* Car owner Walt Czarnecki: Loss of 25 championship owner points;

* Driver Joey Logano: Loss of 25 championship driver points.

The results of the Chief Appellate Officer hearing were:

- Upholding the fines and points penalties that were originally assessed.

- Reducing the suspensions of the seven team members from six NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race) to two NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race).

The seven team members in question will be suspended for the next three upcoming NASCAR Sprint Cup Series race weekends at Darlington Speedway and Charlotte Motor Speedway. They will return for the race weekend at Dover International Speedway. They remain on NASCAR probation until Dec. 31.

“After looking at all the facts and data and interpretations from the rule book, I have decided to uphold the original fines and points penalties,” said John Middlebrook, Chief Appellate Officer. “However, I have decided to reduce the suspensions of the seven team members involved from six points races and the all-star race to two points races and the all-star race.” – John Middlebrook, Chief Appellate Officer

NASCAR Sprint Cup Series hands down big penalties to No. 20 team for failed post-race engine inspection

Matt Kenseth, driver of the #20 The Home Depot/Husky Toyota, celebrates with a burnout after winning the NASCAR Sprint Cup Series STP 400 at Kansas Speedway (Photo by Jeff Zelevansky/Getty Images)

Matt Kenseth, driver of the #20 The Home Depot/Husky Toyota, celebrates with a burnout after winning the NASCAR Sprint Cup Series STP 400 at Kansas Speedway (Photo by Jeff Zelevansky/Getty Images)

Penalties have been handed down to the No. 20 NASCAR Sprint Cup Series team as a result of rule violations discovered in the post-race engine inspection April 23 at the NASCAR Research and Development Center.

The No. 20 car was found to have violated Sections 12-1 (actions detrimental to stock car racing); 12-4J (any determination by NASCAR officials that the race equipment used in the event does not conform to NASCAR rules); and 20-5.5.3 (E) (Only magnetic steel connecting rods with a minimum weight of 525.0 grams will be permitted; connecting rod failed to meet the minimum connecting rod weight) of the 2013 rule book.

As a result of this violation, NASCAR has assessed the following penalties:

·         Crew chief Jason Ratcliff has been fined $200,000 and suspended from NASCAR until the completion of the next six NASCAR Sprint Cup Series championship points events (a period of time that also includes the non-points NASCAR Sprint All-Star Race) and placed on probation until Dec. 31.

·         Car owner Joe Gibbs has lost 50 championship car owner points; the first place finish from April 21 at Kansas Speedway will not earn bonus points toward the accumulated aggregate car owner points total after the completion of the first 26 events of the current season and will not be credited towards the eligibility for a car owner Wild Card position; has had the owner’s license for the No. 20 NASCAR Sprint Cup Series car suspended until the completion of the next six championship points events, therefore being ineligible to receive championship car owner points during that period of time.

·         Driver Matt Kenseth has lost 50 championship driver points; the Coors Light Pole award from April 19 at Kansas Speedway will not be allowed for eligibility into the 2014 Sprint Unlimited; the first place finish from April 21 at Kansas Speedway will not earn bonus points toward the accumulated aggregate driver points total after the completion of the first 26 events of the current season and will not be credited towards the eligibility for a driver Wild Card position.

·         The loss of five NASCAR Sprint Cup Series Manufacturer Championship points.

NASCAR PR

Hendrick Motorsports releases statement

FOR IMMEDIATE RELEASE

HENDRICK MOTORSPORTS STATEMENT

CONCORD, N.C. (Nov. 12, 2012) – Hendrick Motorsports will not appeal sanctions announced today by NASCAR regarding the No. 24 Sprint Cup Series team and driver Jeff Gordon.

“I’ve always respected Jeff for standing his ground,” said Rick Hendrick, owner of Hendrick Motorsports. “We also respect that NASCAR needs to police the sport and send a message when situations like this occur. It’s been a great year, and we’re going to put our focus on finishing in a positive way this weekend.”

“I take responsibility for my actions on the racetrack,” Gordon said. “I accept NASCAR’s decision and look forward to ending the season on a high note at Homestead.”

NASCAR issues penalties from Sunday’s event at Phoenix International Raceway

NASCAR announced today penalties to three teams that compete in the NASCAR Sprint Cup Series, as a result of rule infractions at Phoenix International Raceway.

Jeff Gordon, driver of the No. 24 car, was found to be in violation of Sections 12-1 (actions detrimental to stock car racing) – altercation with another competitor on the race track during the race – and has been fined $100,000, docked 25 championship driver points and put on NASCAR probation until Dec. 31. Rick Hendrick, owner of the No. 24 car, has also been penalized with the loss of 25 championship owner points. Alan Gustafson, crew chief of the No. 24 car, also was found to be in violation of Section 9-4A (at all events, crew chief assumes responsibility of his driver, car owner and team members) and has been placed on NASCAR probation until Dec. 31.

Brian Pattie, crew chief of the No. 15 car, violated Sections 12-1 and 9-4A and has been fined $25,000 and placed on NASCAR probation until Dec. 31.

Brad Keselowski, driver of the No. 2 car, has been fined $25,000 and placed on probation until Dec. 31 for violating Sections 12-1 and 20-6.7A (cars and drivers will not be permitted to carry onboard computers, automated electronic recording devices, electronically actuated devices, power distribution modules, power conditioners, micro-processors, recording devices, electronic digital memory chips, traction control devices, digital readout gauges and the like, even if inoperable or incomplete) – driver had a cell phone in his possession onboard the race car.

All of these violations occurred during the Nov. 11 event at PIR.

Statement From Robin Pemberton, NASCAR Vice President of Competition:

DAYTONA BEACH, Fla. (Nov. 12, 2012) – “Following a thorough analysis of the actions that took place during Sunday’s race at Phoenix International Raceway, we have issued penalties based upon our review. The decisions announced today cover NASCAR’s full assessment of penalties for the incidents that occurred.

“There’s no doubt that a unique set of circumstances combined with a championship battle on the line resulted in raw emotions coming into play. We consider the penalties appropriate and those involved understand our decision and we expect them to abide by them.”

NASCAR responds: Brad Keselowski seeing many shades of grey with Hendrick Motorsports

Greg Biffle, Brad Keselowski and Kasey Kahne battle three-wide at Michigan International Speedway. Credit: Geoff Burke/Getty Images for NASCAR

*Update at bottom

During the Pure Michigan 400 race, Brad Keselowski and his No. 2 Miller Lite Dodge was battling with the No. 48 Chevy of Jimmie Johnson, and then, with only six laps to go, the No. 48 blew its engine. Caution comes out and Greg Biffle retains the lead on the green-white-checkered restart. Biffle ends up winning the race, as well as retain the points lead, with Keselowski trailing behind, finishing in 2nd place.

At this point, Keselowski is not a happy driver. During a post race interview with Sporting News, Brad Keselowski stated he couldn’t catch the No. 48 Chevy because of “Penske Racing’s refusal to bend the rules.”

Huh?

Keselowski, being purely speculative, stated that Hendrick’s have done “tricks” with their cars. “Hendrick Motorsports cars appear to have different rear suspension setups than other cars, especially at intermediate tracks such as Michigan, Indianapolis and Pocono. “There’s parts and pieces on the car that are moving after inspection that makes the cars more competitive,” Keselowski said after the race.

Ok. That’s HIS thought. However, these questions went rushing through my mind: Race parts being moved, even after inspection? But what about post race inspection? Is it truly nonsense, an angry driver just saying things letting off steam? Or could there be a little truth to what Keselowski is claiming? Or are some of the NASCAR officials looking the other way just because its Hendrick Motorsports?

Well, needless to say, Keselowski’s statement sent me on a mad search for facts.

It’s no surprise to race fans that the No. 48 team, however mainly Chad Knaus, has quite a history with failing inspections – or in other words – getting busted for trying to get that lead advantage over other teams. Just as there have been many other teams being penalized for infractions pre- and post-race, (keep reading!) I think Knaus holds the most. Just to back-up my statements, here’s a list of some suspensions, fines and penalties I pulled off the NASCAR Media site for Knaus and Hendrick Motorsports:

Daytona International Speedway 2/29/2012 – Race equipment does not conform to NASCAR rules; part or component of the car not previously approved by NASCAR that has been installed or modified to enhance aerodynamic performance will not be permitted – unapproved car body modifications (illegal C Posts). Crew chief Chad Knaus & car chief Ron Malec have been suspended from the next six (6) NASCAR Sprint Cup Series championship events, suspended from NASCAR until April 18 and placed on NASCAR probation until May 9. Knaus has been fined $100,000. Driver Jimmie Johnson and car owner Jeff Gordon have been penalized with the loss of 25 driver and 25 owner points.

Hendrick Appeal(s) 3/13/2012 – Chief Appellate Officer heard and considered the appeal (twice) of the penalties resulting from the #48 Hendrick Motorsports NASCAR Sprint Cup Series team. The first attempt, everything was upheld stemming from the infractions. Another hearing was heard, where the fine was upheld, but the points were reinstated to the No. 48 Hendrick Motorsports team.

Infineon Raceway 6/26/2007 – In violation of Sections 12-4-A (actions detrimental to stock car racing); 12-4-Q (car, car parts, components and/or equipment used do not conform to NASCAR rules); 20-2.1E (parts or components of the car not previously approved by NASCAR that have been installed or modified to enhance aerodynamic performance will not be permitted); and 20-2H (fenders may not be cut or altered except for wheel or tire clearance which must be approved by the Series Director) of the 2007 NASCAR rule book. The violations were found during the initial inspection process. Penalized 100 driver championship points, fined $100,000, suspended for the next six NASCAR NEXTEL Cup Series events until Aug. 15, 2007 and placed on probation until Dec. 31, 2007. This happened to BOTH the No. 48 & No. 24 Hendrick Motorsports team with the exact same infractions, suspensions and fines.

Daytona International Speedway 2/2006 – Chad Knaus fined $25,000, suspended until 3/22/2006 for unapproved template modification to the rear window area.

Las Vegas Motor Speedway 3/2005 – No. 48 Chevrolet team received THREE penalties: roof height being too low, car, car parts, components, and/or equipment used that do not conform to NASCAR rules. Chad Knaus suspended from competition for the next two races and fined $35,000. Jeff Gordon, No. 48 car owner, has been penalized 25 owner points.

Daytona International Speedway 7/10/2002 – Chad Knaus, crew chief of the No. 48 Chevrolet Monte Carlo, was fined $25,000 and his team was also penalized 25 NASCAR Winston Cup Series Championship driver points as well as 25 NASCAR Winston Cup Series Championship owner points.  Knaus’ NASCAR Winston Cup team was penalized under Section 12-4-A of the 2002 NASCAR Winston Cup Series rule book: “Actions detrimental to stock car racing: offset mounting bolts for the front of the truck trailing arms.”

Seems to me after my research, Knaus feels that the No. 48 Chevy needed that little extra help mainly on Superspeedways (a racetrack that is greater than 2 miles in length), not intermediate tracks (oval that is greater than 1 mile in length, but less than 2 miles in length.) What does Jimmie think? I wonder if he thinks his crew chief doesn’t believe he can pull it off as a driver, as a team? Hummm…

Then there’s Rick Hendrick’s history as a businessman (early on):

The biggest piece of a (bad) history maker for Rick Hendrick was for the lack of trust and bad judgement on his part in the American Honda Motor Company scandal. Early in the 1980′s, the scandal came about due to the fact that Honda vehicles had a very high demand during that time. Dealers could sell the cars for thousands of dollars above the sticker price. Executives at Honda took advantage of the high demand by soliciting bribes from dealers. Dealers were granted new dealerships and increased shipments of cars.

It all came down to money.

Unfortunately, Rick Hendrick was a willing participant to gain better inventory for his Honda dealership. He pleaded guilty to mail fraud. Hendrick then admitted giving hundreds of thousands of dollars in cash, BMWs and even houses to Honda executives in exchange for a lower sentence. These crimes could have put Hendrick in prison for years.

In 1997, Hendrick was sentenced to one year of house arrest (instead of prison, due to his diagnoses with chronic myelogenous leukemia within two days prior to sentencing), three years probation, and a $250,000 fine.

Word was whirling around that Hendrick built his car dealership empire through bribery and scandal. Hendrick had faced well over 50 lawsuits during this period from competitors who are accusing him of unfair competition.

Humm… unfair competition…

It was during this time he underwent treatment for leukemia; Meanwhile, he has been in full remission since December 1999. Hendrick also began the Hendrick Marrow Program, a non-profit which works with the ‘Be The Match Foundation’ to support the National Marrow Donor Program.

In December 2000, Hendrick received a full pardon from, then exiting, President Bill Clinton.

Moving forward…

So maybe, just maybe, Brad K. might be onto something according to the past history of Chad Knaus as well as Rick Hendrick. We all wonder about the possibilities of teams “cheating” trying to gain the upper hand. But don’t forget about that “grey area” where they are within the allowable tolerance according to NASCAR. There are teams that are willing to go that extra 1/4 or 1/8th inch, yet there are teams that will totally stay away from it and not chance the risk of a fine or being penalized. Apparently, Penske Racing has a hard rule of not going near that “grey area.” Keselowski added, “as a group at Penske Racing, we have not felt comfortable enough to risk that name and reputation that Roger has over those parts and pieces. Others have, which is their prerogative.”

It’s all about the name for Roger Penske.

But is that “grey area” considered cheating? Apparently not. The most that would happen is NASCAR would “warn” the team that are too close to becoming “illegal.” A majority of these teams try it because sometimes the rules are way too vague.

I consider “cheating” to be someone or a team who intentionally tries to get away with unapproved adjustments, car components, weights, etc.

CHEATING: (verb) to violate rules or regulations; to practice fraud or deceit; to defraud; to elude; (noun) a person who acts dishonestly, the fraudulent obtaining of another person’s  property by a pretense or trick.

NASCAR sees that if a team builds/works/adjusts a car according to the rule book, it’s legal. If anything outside the perimeter and not in the rule book, it’s unapproved, therefore illegal.

Even as I write this article, I received an email from NASCAR stating that No. 18 team of Kyle Busch for Joe Gibbs Racing, was found to be in violation of Sections 12-1 (actions detrimental to stock car racing); 12-4J (any determination by NASCAR officials that the race equipment used in the event does not conform to NASCAR rules); and 20-2.3A (improperly attached weight) of the 2012 NASCAR rule book. The infraction occurred during practice on Aug. 18.

As a result of the violation, crew chief Dave Rogers has been fined $25,000 and placed on NASCAR probation until Oct. 3. In addition, car chief Wesley Sherrill has been placed on NASCAR probation until Oct. 3.

But just because a team or a crew chief has come up with “something” that NASCAR hasn’t and is NOT in the NASCAR rule book, does that make it illegal? I know…confusing, right?  Was the JGR a case of going into that “grey area?” Did they take the risk?

As some might say, Knaus takes those risks and “tries” to retain his team as the top team in the NASCAR Sprint Cup Series…

…until that dreadful October 2011 race day at Talladega Superspeedway when everyone’s heart jumped into their throats when Knaus’ comment was broadcasted LIVE on NASCAR.com’s RaceBuddy application from Johnson’s in-car camera. Everyone watching the feed broadcasted at the time saw and heard it… remember that?

“If we win this race, you have to crack the back of the car,” Knaus could be heard telling Johnson on the recording.

“Got it?”

“Really?” Johnson replied, sounding surprised.

“Yes,” Knaus said. “Got it? You don’t have to have to hit it hard, you don’t have to destroy it. But you’ve gotta do a donut and you’ve gotta hit the back end, or somebody’s gotta hit you in the ass-end or something. OK?”

THAT, to me, WAS and IS cheating on Knaus’ part while Johnson was totally at a lost about it. So my question was, and still is, why wasn’t anything caught during pre-race inspection?

Knaus later explained that the instructions weren’t meant to cover up an intentional violation of the rules but to account for the constant pushing and bump-drafting at Talladega that could knock the car out of tolerance. After that incident, NASCAR stated, “The 48 organization knows that from this occurrence that their car is likely to be a regular customer at the R&D Center for post race inspection the balance of this season (2011).”

This was also the season that broke the 5X-Champion’s run for their sixth Sprint Cup Championship for the No. 48 Hendrick team. What a coincidence – almost to a point of being down right eerie.

All three NASCAR series will head to Thunder Valley at Bristol Motor Speedway. In addition to his duties driving in both the NASCAR Cup Series and the Nationwide Series, Keselowski will pilot his own No. 29 Ram in Wednesday night’s NASCAR Camping World Truck Series (NCWTS) race at BMS. This is his sixth, and final, NCWTS start of 2012.

Sources: NASCAR Media, Google, Hendrick Automotive Group, Sporting News

*UPDATE: 8/24 NASCAR’s response to what Brad K. was claiming:

NASCAR officials said mechanical devices the Hendrick Motorsports teams and other organizations in the Sprint Cup Series are using to gain a competitive advantage in the rear housing are legal — today. “We watch it weekly because it has ramped up the last couple of months,” series director John Darby said on Friday at Bristol Motor Speedway. “If it stays pretty level we’ll probably leave it alone the rest of the year. “If there is a higher extreme somebody takes it to that could create issues we don’t want to see, then we’ll react to that.”

The HMS cars in May were the first this season to develop devices that allow the rear axle to turn slightly to follow the front, creating more speed particularly in the corners. “Where we’re at today, right now, there is no illegal procedures going on,” Darby said. “Obviously, there was one we found Tuesday that was questionable. But the mechanical devices, the way they’re using them, there’s a clear understanding of what the teams are doing.” Darby said teams are using different methods to create a “hook and ladder fire truck effect that allows the rear axle to turn so the rear of the car follows the front.” He said there’s nothing in the current rulebook that doesn’t allow that, but he didn’t rule out that changing in 2013. “It’s just a direct everybody has gone to maximize, optimize,” Darby said. “Right now it’s pretty level throughout the garage. If you take the most extreme to the least developed, it’s not a huge difference.’ – SOURCE: ESPN

Should the No. 3 NASCAR Nationwide team keep win from Kentucky Speedway?

Credit: Geoff Burke/Getty Images for NASCAR Austin Dillon, driver of the #3 Bass Pro Shops Chevrolet, celebrates in Victory Lane after winning the NASCAR Nationwide Series Feed The Children 300 at Kentucky Speedway on June 29, 2012, in Sparta, Ky.

Sure Austin Dillon was smiling from cheek to cheek from his win at Kentucky Speedway Friday night. After all, he did lead 192 of 200 laps, most ever by a Nationwide race winner at the 1.5-mile track. Another track record for NASCAR for 2012! He also finished the race an amazing 9.828 seconds ahead of second-place finisher Kurt Busch.

However, soon after the celebration in Victory Lane had ended, little did Dillon know that his car had failed post-race inspection when officials discovered that the rear of the car was too low.

Here’s NASCAR’s (official) punishment, which was released today:

NASCAR has penalized the No. 3 team in the NASCAR Nationwide Series as a result of rule infractions discovered during post-race inspection last Friday at Kentucky Speedway.

The No. 3 car was found to be in violation of Sections 12-1 (actions detrimental to stock car racing); 12-4J (any determination by NASCAR officials that race equipment used in the event does not conform to NASCAR rules); and 20A-12.8.1C (body height requirements – car failed to meet the minimum rear car heights) of the 2012 NASCAR rule book.

As a result, crew chief Danny Stockman Jr. has been fined $10,000, while owner Morgan Shepherd and driver Austin Dillon have been penalized with the loss of six championship owner and six championship driver points, respectively. In addition, Stockman and car chief Robert Strmiska continue to remain on NASCAR probation until Dec. 31.

Agree? I don’t. Keep on reading and you’ll find out why.

Credit: Sean Gardner/Getty Images for NASCAR

Now the infraction explains everything… it WAS a bad race. Now I know how Dillon had lapped all but eight cars; I now know how Dillon passed a pack of six cars in one low swoop coming out of the turn. In all my five years of blogging, I agree with Kurt Busch when he stated that “Austin Dillon was in his own zip code” during the race. I thought he just had the “mighty of all hot dog wrappers” stuck to the the opening of the grill on the No. 3 Chevy allowing more downforce with the way he was cruising!

I strongly believe NASCAR should implement a “Take it Away” penalty if a car that won was discovered to have an infraction during post-race inspection. NASCAR needs to take away the win. I know there are many people out there arguing “Oh no, you can’t do that!” blah, blah, blah…. Believe me, I know that teams are aware of the allowable tolerances for adjustments during a race. The team should be held accountable. Not just the driver, crew chief and owner.

Austin Dillon had put Elliott Sadler, the series leader entering the race, a lap down. With his dominating win, Dillon stole the points lead from Sadler.

Let me explain as to why I suggest this such “Take Away Penalty” and I am sure you are aware as to where I am going with this: What if it came down to, oh let’s just go ahead and say Elliott Sadler and Austin Dillon in a tie for the points lead for the Championship at the end of the last race of the season. (Sound familiar?) The number of wins would be the tie breaker, just as it was between Tony Stewart (SHR) and Carl Edwards (Roush Fenway Racing) for the NASCAR Sprint Cup Championship at Homestead-Miami Speedway in 2011. That Championship was settled based on a Walk Off – which meant whichever driver with MOST wins (Tony Stewart), takes the Championship.

So what if it turns out that Dillon has one more win than Sadler – thanks to the Kentucky  race in which he had an advantage and was fined, penalized for but got to keep the “win” – and that gives him the Championship.

Is that fair? Why on earth would a car that had an advantage still be allowed to keep the win?

However, some good news did come from this: With the penalty of the six championship points against Dillon and the No. 3 team, Elliott Sadler regains the points lead by just four points heading into Daytona for the Subway Jalapeno 250 this Friday night.

NASCAR issues fines/probation to Phoenix Racing & SHR (Newman) teams

NASCAR has fined Kurt Busch, driver of the No. 51 car in the NASCAR Sprint Cup Series, $50,000 and placed him on NASCAR probation until July 25 for his actions during the May 12 race at Darlington Raceway.

Kurt Busch violated Section 12-1 (Actions detrimental to stock car racing; reckless driving on pit road during the race; involved in an altercation with another competitor after the completion of the race) of the 2012 NASCAR Rule Book. Additionally, Craig Strickler, a crew member for the No. 51 team, has been fined $5,000 and placed on NASCAR probation until Dec. 31 for violating Section 12-1 (Actions detrimental to stock car racing; interfering with a member of the broadcast media).

Tony Gibson, crew chief for the No. 39 NASCAR Sprint Cup Series team, has been placed on NASCAR probation until June 27 for violating Section 12-1 and Sections 12-4G and 9-4A (Crew chief assumes responsibility for the actions of his team members). Andrew Rueger, a crew member for the No. 39 team, has been fined $5,000 and placed on NASCAR probation until June 27 for violating Section 12-1 (Actions detrimental to stock car racing; failure to comply with a directive from a NASCAR official). Both of these violations occurred post-race.

NASCAR PR

Six NASCAR Nationwide Series teams penalized for infractions at Richmond International Raceway

DAYTONA BEACH, Fla. (May 1, 2012) – NASCAR announced today that six NASCAR Nationwide Series crew chiefs had been fined and placed on probation for violations during this past weekend’s event at Richmond International Raceway. In addition, the teams’ respective car chiefs have also been placed on probation for the remainder of the year.

Crew chiefs Luke Lambert (No. 2 team), Danny Stockman (No. 3 team), Trent Owens (No. 30 team), Jimmy Elledge (No. 31 team), Ernie Cope (No. 33 team), and Mike Shiplett (No. 38 team) have each been fined $10,000 and placed on NASCAR probation until Dec. 31. Additionally, the teams’ respective car chiefs – Phil Gould (No. 2), Robert Strmiska (No. 3), Shannon Rursch (No. 30), Ronald Hornaday III (No. 31), Paul Balmer (No. 33), and Christopher Meyers (No. 38) – have likewise been placed on NASCAR probation until Dec. 31.

The rules violations referred to Sections 12-1 (actions detrimental to stock car racing); 12-4J (any determination by NASCAR officials that the race equipment used in the event does not conform to NASCAR rules detailed in Section 20-A of the rule book); 20A-2.1E (streamlining of the contours of the car, beyond what is approved by the series director will not be permitted. Installation of air directional devices, underpans, baffles, shields or the like beneath the car or the car’s hood and fender area, front firewall, floor, rear firewall area, rear deck and quarter panel will not be permitted. If, in the judgment of NASCAR officials, any part or component of the car not previously approved by NASCAR has been installed or modified to enhance aerodynamic performance, will not be permitted. All cars must remain standard in appearance); 20A-3.10A (front upper bumper cover must be from the respective OEM manufacturer and must be approved by NASCAR. The front lower bumper cover and rear bumper cover must be from an approved manufacturer and must be approved by NASCAR. Once approved, the front lower bumper covers may be used on all approved models. NASCAR officials may use bumper covers provided by the respective manufacturer as a guide in determining whether a competitor’s bumper cover conforms to the specifications of the NASCAR rule book. Unless otherwise authorized by the series director, cutting and reshaping of bumper covers will not be permitted.)

The infractions were discovered during opening day inspection on April 26.

NASCAR Media Release

NASCAR statement regarding Jeremy Mayfield, U.S. Court of Appeals ruling

STATEMENT:

“NASCAR is pleased that today the U.S. Court of Appeals for the Fourth Circuit affirmed the U.S. District Court’s original decision in May 2010 in Jeremy Mayfield v. NASCAR. This case was never about anything more than NASCAR’s ability to keep the sport clean and our competitors safe.”

MIKE HELTON: His thoughts on the appeal process, reaction to penalties overturned

NASCAR President Mike Helton speaks to the media at Auto Club Speedway. Credit: Todd Warshaw/Getty Images for NASCAR

MIKE HELTON: We thought it would be a good opportunity to close the loop on the appeal process and everything that has been going on since Daytona around one of our cars.

As a reminder, in kind of walking through a timeline, the inspection process in Daytona found and issue with a car. NASCAR reacted to that finding. The NASCAR process includes a due process that has two levels to it: an appeal panel and a chief appellate officer. Those elements have been in existence since the beginning of NASCAR in some form or fashion. They exist for the car owners and competitors to have another ear outside of the competition of NASCAR if they don’t agree with our findings or our rulings.

I would tell you, particularly those of you who have been around for a while, I hope you see the difference in NASCAR over the years of us trying to be more clear, more precise about rules and regulations in the event that if something isn’t correct in the inspection process and we do react to it, there’s less gray than there was in the past.

But with all the components in motorsports, particularly in NASCAR’s type of racing, we realize there’s different ways to interpret things. Bill Sr. realized that back in 1948 and had that appeals process as part of our organization.

We take, obviously, very seriously our responsibility to regulate the sport. But if you’re going to regulate it, you also have to enforce it. Every rule in the rule book has a story behind it or an experience to it. That’s how the rule book has been developed over the years, and it will continue to do it that way. We’ll learn every week something that will be applied to us being more relevant and more precise and more accurate.

We believe in our inspectors. We think that the decision that was made this week supports the inspection process because the elements of the penalty that were upheld indicate that the inspection process, or the inspectors, did their job correctly.

I think the debate over the decision this week was more about the decision after that point, of how we reacted to it. That’s as much a bureaucratic decision as it is a competition decision. So we believe very strongly in our inspection process and are very proud of it. So the inspection process is status quo as we go forward.

I would simply say that, again, we take very seriously our responsibility to regulate the sport in an open way, be professional about the debate around our decisions, whether it’s a procedure decision or a rule infraction decision, allow due process so that our community can believe in having a voice or an ear that if they feel they’re wronged doing something, then let those due processes take their course and go on down the road.

When we react to something, it’s for us to react to that. But that reaction also includes a statement, if you will, to protect the integrity, try to maintain the cost as best we can, and the safety of the sport. That’s what NASCAR does.

We defend our actions. We’re proud of our inspectors. But we’re also proud of our professionalism when it comes to having a due process system that acts as a check-and-balance. That process and that whole activity is now complete and we’re ready to move on.

QUESTIONS ASKED BY MEDIA

Q. There’s been some criticism of the appellate group and the final appellate judge. Can you address that? And also, if the officials did their job, what exactly did not hold up, and is there any confusion in the garage as to what is legal or is not legal now with this?

MIKE HELTON: Well, I’m not sure where to start on that list.

I go back to the fact that I think the decision made this week upholds what is right and wrong when it comes to the inspection process and the things on the car because there were elements of the penalty that were upheld relative to parts of the car that did not conform to the rules.

I’m trying to think of your other questions that you threw out there.

You know, I’ve been involved in the rule book directly for over 20 some years now. When I first came to the NASCAR side, I was vice president of competition. Bill Jr. was pretty adamant about me understanding all of our processes and rules and regulations. One of the key parts of that, that his father made sure he was aware of, Bill made sure that I was aware of, this appellate process, because it was important for us to have due process.

The appellate group is reviewed every year. I think it’s 14-2 with that list of names that’s listed. It’s in the rule book. We don’t hide a bunch of guys and gals in a room and pluck them when we need them. There’s a public list as to who that panel could come from.

We have an administrator who is a NASCAR employee who manages the appeal process. When a penalty comes down and a car owner wants to appeal it, they contact him. Three individuals from that list will be chosen to hear the appeal.

That list is made up, and it’s 40 some names on that list, but that list is made up of people who are technically inclined, certainly have experience in motorsports, maybe even some have experience in managing a motorsports sanctioning body. So there’s a wide range of talent on that list.

We’re very grateful and thankful for every one of those members that allow us to put them on that list. We believe in every one of them. We believe in that group being a very good group to pull from.

Most of the time it might have to do with scheduling as to who ends up hearing an appeal. Sometimes it may be the issue itself; we want to put someone there that can understand both sides of the story.

Once that process is done, if the car owner doesn’t like the outcome of it, the car owner can take it to the chief appellate officer. The chief appellate officer is appointed by the president of NASCAR. The chief appellate officer is appointed and sets until the next chief appellate officer is chosen.

So that’s kind of a little bit of the background of the appellate.

We believe in the appeals panel members, we believe in the appellate officer. We believe in that process. That process exists. We’ve been through hearings in the past where our decisions have been altered. But that’s what the due process is for.

Q. Is there confusion in the garage?

MIKE HELTON: You’d have to ask the garage.

Q. Very black and white, you said that the president of NASCAR, which is you, so the buck stops there, you’re the one that chooses the chief appellate officer being John Middlebrook. Given Rick’s background off the track with his Chevrolet dealerships, shouldn’t John Middlebrook recuse himself from that situation given their relationship competitively, professionally, all of that? In a unique situation like this, shouldn’t somebody else have the final word, not somebody who’s that tightly close with Rick so there’s no thought of cronyism whatsoever?

MIKE HELTON: Well, let me answer it this way. When we chose John Middlebrook as our chief appellate officer, we chose him based on our experiences with him for several years, his pragmatic approach to business and to his relationship with race teams and with NASCAR.

The reasons that we chose the current chief appellate officer haven’t changed. Our opinion and our belief in our chief appellate officer hasn’t changed.

Q. Given what you’ve already said, if the 48 car shows up at Talladega with the same exact C-post they had at Daytona, will your inspectors take him off again?

MIKE HELTON: I hope so.

Q. It seems like with John Middlebrook’s unwillingness to give any reasoning in his decision as to exactly why he reduced them, don’t you think it leaves both you and the Hendrick people a little murky as to saying what exactly he said was right and what exactly he said was wrong? Were you surprised he didn’t offer any kind of reasoning?

MIKE HELTON: When the chief appellate officer is chosen and given the charge of their responsibility, it doesn’t include having to explain their decisions. If they choose to do that, they do, but they’re not obligated to explain their decision.

Q. Since Middlebrook couldn’t explain it, do you know, and if you do know, could you tell us why did he rescind the suspension in points? And do you expect any change in your inspection process or how you react in the future?

MIKE HELTON: We do not expect any changes to the inspection process. Quite frankly, I think the decision on Tuesday is in support of our inspection process.

Again, I go back to the fact that the chief appellate officer is not obligated to explain his whole thought process around making his final decision.

Q. Can you tell us exactly when in the inspection process they found the non-conforming C-posts? I think there’s been some talk the reason they appealed was that it didn’t go through inspection, that they were removed before the usual inspection.

MIKE HELTON: Well, the terminology you use, the normal inspection, the usual inspection… The inspection process starts as soon as that car comes off the hauler. The templates are part of the inspection process. But the inspection process begins instantly when the car comes off the hauler the morning or the first morning in Daytona.

So there’s a lot of inspection components that don’t include templates that could prevent a car from getting to the next phase.

Q. So when was it discovered?

MIKE HELTON: This was discovered, I think, right prior to the templates.

Q. When you said earlier there’s some interpretation in the rule book, in the long-term future do you think it’s necessary to rewrite parts in the rule book, some are clearer and easier? How similar are the appeals procedures, because NASCAR also has involvement with the FIA procedure of appealing in Paris? Are there any similarities?

MIKE HELTON: The last question first. NASCAR has its own appeals process that’s well-defined in the rule book, and we talked about it today. It may be more unique than IndyCar or any other forms of motorsports, including the FIA.

The first question you had, the rule book is a work in progress. Media that have been around for two or three years understand that we’ll bulletin a rule or we’ll modify on the fly if we feel like we need to.

We’ve tried hard more recently to not do that, especially when it comes to changing something that could throw the car owners into a tailspin or something from making a significant change on a part or piece.

But the rule book is a work in progress. It will continue to evolve. It has to for NASCAR to stay relevant in sports, in motorsports, in its own environment to be sure we do it correctly. It will routinely evolve. By nature it’s going to do that. It’s done it for 65 years and it will not stop evolving.

Q. I think other than the hopeful defendants last Tuesday, the general thought was shock and awe that this was the ruling. I don’t think anybody gave them a 5% chance of it being overruled. What was your personal reaction when you heard the news?

MIKE HELTON: I’ll keep my personal reaction to myself because I’m the only one that will ever know it. But I got through that in 30 seconds to go on to the fact that we did what we felt was correct. Our inspectors did their job. We collectively made a decision on how to react to it.

The car owner has a due process that they can follow. That due process completes it all. That’s what happened this past week. We’ll go on down the road.

Q. When John Darby first characterized the infraction at Daytona, he basically said, This is typical to Sonoma, work between the templates, perhaps typical also of the Bowyer car at New Hampshire in 2010. Are you concerned without explanation of why the penalties were overturned that there might be a perception of different strokes for different folks?

MIKE HELTON: First of all, I go back to the fact that some of our penalties were upheld. That tells you the inspection process was correct and there was an issue with the car.

The pieces that were not upheld, if there’s a way for NASCAR to be more clear, and we learn every time we go through a process, whether the penalties are upheld or modified, we learn from the process. We should, because we’ve worked very hard to do this.

If we can make it more clear, more understandable, more definitive to where it’s more difficult to disagree with it, then we’ll continue to try to do that. In this case, it came out this way.

Q. Those particular penalties seemed appropriate to the type of infraction that occurred at Sonoma or New Hampshire. Without explanation, it’s sort of tough for us to understand why the points and the suspensions were totally rescinded, whereas in 2010 the suspension was just reduced and the points were not.

MIKE HELTON: What I would tell you is, is that I think there’s 46 cars in the Cup garage and 45 cars in the Nationwide garage. Every one of those cars will be equally scrutinized, but all of them will be very closely scrutinized. That’s our job, that’s what we’re supposed to.

If one of them doesn’t fit right, we’ll follow the procedures and the processes that we typically do every weekend.

If one of them crosses the line relative to the series director’s interpretation of what is right and wrong, we don’t change any of our processes or procedures.

If though along the way, whether specifically to this situation or any one else that may occur, just like we’ve done in the past, we will continue to strive to be more definitive and more precise so that the ability to argue about it is lessened.