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.

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From Second to the Bottom

Clint Bowyer, left, and crew chief Shane Wilson hug after Bowyer's
victory at New Hampshire on Sunday. (Jason Smith/Getty Images for NASCAR)

Just a couple of days ago we were calling Clint Bowyer the comeback kid, but today he’s the guy everyone wants answers from. Conspiracy theorists are calling this NASCAR’s way of helping Jimmie Johnson to a fifth consecutive championship while members of the media are left wondering what’s really going on. Regardless of what happened and how it’s being perceived one thing is for sure. Clint Bowyer just went from second to 12th in the points in a matter of minutes.

It was revealed on Wednesday that Bowyer’s car, which he won with this past weekend at New Hampshire, failed post-race inspection. If you remember last week, Bowyer and his team were warned about their car from Richmond being very close to the edge of what is allowed. While no penalties were given out after the close call, the team wasn’t as lucky this week.

Below is the release issued by NASCAR regarding the fines, suspensions and points deductions for the #33 RCR team.

DAYTONA BEACH, Fla. (Sept. 22, 2010) – NASCAR has issued penalties, suspensions and fines to two teams in the NASCAR Sprint Cup Series, as a result of rules infractions discovered this week during post-race inspection at the NASCAR Research and Development Center following last Sunday’s race at New Hampshire Motor Speedway. 

The No. 33 team was found to be in violation of Sections 12-1 (actions detrimental to stock car racing); 12-4-J (any determination by NASCAR officials that the race equipment used in the event does not conform to NASCAR rules); and 20-3 (car body location specifications in reference to the certified chassis did not meet NASCAR-approved specifications) of the 2010 NASCAR Rule Book.

As a result, crew chief Shane Wilson has been fined $150,000, suspended from the next six NASCAR Sprint Cup events, suspended from NASCAR until Nov. 3 and placed on probation until Dec. 31. Car chief Chad Haney has also been suspended from the next six NASCAR Sprint Cup events, suspended from NASCAR until Nov. 3 and placed on probation until Dec. 31. Driver Clint Bowyer and owner Richard Childress have been penalized with the loss of 150 championship driver and owner points, respectively.

The No. 46 team was found to be in violation of Sections 12-1, 12-4-J, and 20-5.8.4.C (engine exhaust valves did not meet the minimum weight requirement) of the 2010 NASCAR Rule Book.

Crew chief Jeremy Lafaver has been fined $50,000, suspended from the next six NASCAR Sprint Cup events, suspended from NASCAR until Nov. 3 and placed on probation until Dec. 31. Driver Michael McDowell and owner Dusty Whitney have been penalized with the loss of 50 championship driver and owner points, respectively.


Readers, what do you think about the penalties? Skirts and Scuffs would like to know. Please leave your comments below.

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Crew Chief For The No. 83 Team In The NASCAR Sprint Cup Series Penalized For Rule Violation at Indianapolis Motor Speedway

DAYTONA BEACH, Fla. (July 27, 2010) – NASCAR has penalized Jimmy Elledge, crew chief for the No. 83 team in the NASCAR Sprint Cup Series, for a rule violation committed last week at Indianapolis Motor Speedway.

Elledge has been fined $25,000 for violating Sections 12-1 (actions detrimental to stock car racing); 12-4-J (any determination by NASCAR officials that the race equipment does not conform to NASCAR rules); and 20-2.3A (improperly attached weight) of the 2010 NASCAR rule book.

The violation was discovered during practice on July 24.

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No. 88 NASCAR Nationwide Series Team Penalized For Rule Violation At O’Reilly Raceway Park

DAYTONA BEACH, Fla. (July 27, 2010) – NASCAR handed down penalties Tuesday to the No. 88 team that competes in the NASCAR Nationwide Series for a rule violation committed last week at O’Reilly Raceway Park.

The penalties come as a result of the team violating Sections 12-1 (actions detrimental to stock car racing); 12-4-J (any determination by NASCAR officials that the race equipment used in the event does not conform to NASCAR rules); and 20A-12.3T (unapproved left front shock absorber) of the 2010 NASCAR Rule Book. The violation was discovered in post-race inspection on July 24.

Crew chief Tony Eury Sr. has been fined $10,000, while owner Dale Earnhardt Jr. and driver Aric Almirola have been penalized with the loss of 25 championship owner and 25 championship driver points, respectively.

Photo: Todd Warshaw/Getty Images

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NASCAR Draws A Line in the Sand: Keselowski and Edwards Penalties Announced

From the second Brad Keselowski and Carl Edwards made contact Saturday night in the NASCAR Nationwide event at Gateway International Raceway we have been debating what NASCAR would do. Some people speculated that NASCAR would continue with their “have at it boys” stance while others were demanding Edwards be held accountable for his actions. Fans screamed that Edwards should be suspended while others took the stance that Edwards was just doing his job and that Keselowski deserved what he got.

Regardless of what side of the debate you fall on, this is perhaps the most talked about rivalry we have seen in years and it’s one that will continue to unfold as Edwards and Keselowski battle for the Nationwide Series Championship.

But, both drivers are going to have to keep their tempers in check and their cars under control if they want to make it through the rest of the season without further action being taken against them.


It was announced on Wednesday that both Keselowski and Edwards would be held accountable for their roles in Saturday’s accident that left Keselwoski’s car in pieces while Edwards headed to victory lane.

According to NASCAR the actions of both drivers fall under section 12-1 of the rule book. Section 12-1 is defined as “actions detrimental to stock car racing/aggressive driving. The penalties are as follows:

• Brad Keselowski, driver of the #22 for Penske Racing, has been place on probation until December 31, 2010 – This probation applies to all of NASCAR’s divisions
• Carl Edwards, driver of the #60 for Roush Fenway Racing, has been placed on probation until December 31, 2010. Like Keselowski's probation Edwards’ also applies in all of NASCAR’s series. Additionally Edwards was docked 60 championship points, and was fined $25,000.
• Car owner Jack Roush was penalized 60 owner points.

After the official word was announced NASCAR, via their Twitter account, had this to say in a series of Tweets explaining their ruling:

• Since putting the driving back in the hands of the drivers we’ve seen very exciting, side by side racing…
• …However, we also said that there is a line that a driver can cross and when that happens we will stop in and maintain law and order/
• Following Atlanta, we met with Brad and Carl to make it clear that racing hard doesn’t mean ruing other competitors’ days
• In our review of this most recent incident, Carl and Brad crossed the line.
• It is important to remember that this is not the first time these two have gotten into one another on the track – there is a history there.

Here at Skirts and Scuffs we have had wide range of views expressed on this issue and now we want to hear from you regarding the ruling. Is it fair? Should Keselowski have been put on probation? Is probation just a slap on the wrist? You tell us what you think.

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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

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