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Showing posts with label Appeals. Show all posts
Showing posts with label Appeals. Show all posts

Wednesday, October 6, 2010

NASCAR upholds Clint Bowyer's points penalty, but reduces suspensions, fine

Clint Bowyer. (Jason Smith/Getty Images for NASCAR)

It's had fans up in arms and all but ended Clint Bowyer's chances at his first Sprint Cup championship.

The legal saga surrounding the penalties issued for the No. 33 team after Bowyer drove an illegal car to victory on Sept. 19 at New Hampshire Motor Speedway came to an end Tuesday. In a final appeals hearing, the suspensions for crew chief Shane Wilson and car chief Chad Haney were reduced from six weeks to four weeks, and Wilson's fine was lowered from $150,000 to $100,000. But the most damaging part of the penalty, the loss of 150 owner and driver points, remains unchanged.

NASCAR National Stock Car Racing Chief Appellate Officer John Middlebrook ruled that "NASCAR was correct in its decision to levy penalties" on the team for rule infractions discovered during post-race inspection at the NASCAR Research and Development Center.

Tuesday marked the second and final appeal from Richard Childress Racing. Last week a three-member NASCAR-appointed panel denied the organization's appeal after a four-hour hearing. The panel was comprised of former driver Lyn St. James, former USAC Chairman John Capels and former crew chief Waddell Wilson.

In a statement after Tuesday's ruling, Richard Childress said, "I'm disappointed that the results are not what we wanted, but I feel we received a fair hearing today. The final step in the appeals process is very good, and I can assure you we would not have taken our case to the chief appellate officer if the first step in the process had been as fair as today's. I want to thank all of the fans for their support. I'm proud to be a part of this sport and proud to represent RCR's partners. We all need to put this behind us and get back to racing. There are seven races remaining in the Chase, and Richard Childress Racing will continue our focus on winning the 2010 NASCAR Sprint Cup Series championship."

The following is the official release from the NASCAR National Stock Car Racing Appeals Panel regarding Tuesday's decision:

(October 5, 2010) – Following an appeal hearing earlier today in Concord, N.C., the National Stock Car Racing Chief Appellate Officer has upheld the penalty for the No. 33 car in the NASCAR Sprint Cup Series, with the following revisions:

Crew chief Shane Wilson’s fine has been reduced from $150,000 to $100,000 and Wilson and car chief
Chad Haney’s race suspensions have been lowered from six to four. Both are suspended from NASCAR until Nov. 3 and are on probation until Dec. 31.

The loss of 150 championship owner and driver points remains intact.

The No. 33 car was penalized by NASCAR on Sept. 22 as a result of rule infractions discovered during post-race inspection at the NASCAR Research and Development Center following the Sept. 19 race at New Hampshire Motor Speedway. Specifically, the car body location specifications in reference to the certified chassis did not meet NASCAR-approved specifications of the 2010 NASCAR Rule Book.

“After reviewing all the data, presentation and factors involved, I am ruling NASCAR was correct in its decision to levy penalties,” said John Middlebrook, the National Stock Car Racing Chief Appellate Officer who presided over the hearing. “I believe that the revisions that have been made to the penalties are consistent and fair to both parties involved.”

– John Middlebrook, National Stock Car Racing Chief Appellate

NASCAR fans, what do you think of the revised penalties? Let Skirts and Scuffs know in the comments below.

Tuesday, June 22, 2010

Front Row Motorsports Appeals Penalties

On June 22, 2010, the National Stock Car Racing Appeals Panel heard and considered the appeal of Front Row Motorsports regarding the #38 NASCAR Sprint Cup Series car. The appeal concerned two penalties issued by NASCAR stemming from the NASCAR Sprint Cup Series event at Pocono Raceway on June 6, 2010. 

The penalties concern Section 12-1 of the NASCAR Rule Book “Actions detrimental to stock car racing”; Section 12-4-J: “Any determination by NASCAR Officials that the Race Equipment used in the Event does not conform to NASCAR Rules”; and Section 20-10.7J: “Unapproved modification to valve stem hardware.”


Originally, a total of 5 penalties were assessed for the infractions, including a deduction of 150 NSCS owner points for Doug Yates; a deduction of 150 NSCS driver points for Travis Kvapil; and a $100,000 fine, 12-race suspension, and probation for crew chief Steven Lane.

Subsequently, those 3 penalties were withdrawn from the appeal, and the crew chief has begun serving his suspension.

The two remaining penalties were appealed:

  • suspension from the next 12 NASCAR Sprint Cup Series racing events; suspension from NASCAR until Sept 15, 2010, and probation until December 31, 2010 for crew member, Richard Bourgeois (car chief)
  • suspension from the next 12 NASCAR Sprint Cup Series racing events; suspension from NASCAR until Sept 15, 2010, and probation until December 31, 2010 for crew member, Michael Harrold (tire specialist)

The Appellants requested and were granted a deferral of these suspensions until such time as the hearing could be convened.

The Appellants and team representative argued that, unbeknownst to the team management or the Appellants, valve stem caps designed to bleed air were developed by rogue elements of the team; that for some reason this hardware was mistakenly brought to the Pocono event on the team hauler; and that the caps were then accidentally placed on the race car just prior to the start of the race.

A small hole had been drilled in the top of each of the valve stem caps in question, and a foam material had been added to the interior of each cap. These valve stem caps were located on the left front and both rear tires of the race car upon discovery.

The Panel did not find the Appellants explanation to be plausible. The Panel found the penalties to be correct for the nature of the infraction.

Therefore, it is the unanimous decision of the National Stock Car Racing Appeals Panel to uphold the original penalties assessed by NASCAR. 

The periods of suspension shall be adjusted from the date of the hearing.

The Appellants have the right under Section 15 of the Rule Book to appeal this decision to the National Stock
Car Racing Chief Appellate Officer.

Leo Mehl
Waddell Wilson
Humpy Wheeler
George Silbermann - Appellate Administrator and non-voting member