The year was 2005. But the argument made in the NASCAR appeals process is very similar to the one Hendrick Motorsports and Jimmie Johnson plan to make on Tuesday.
Team owner James Finch had argued before the National Stock Car Racing Commission that he could not be penalized for an illegal carburetor used by his team in a Nationwide Series race at Texas because it had passed the NASCAR inspection process several times previously.
The penalties for the unapproved carburetor were harsh - disqualification of driver Johnny Sauter from the event (no points and money from the event), and a four race suspension and probation for the remainder of the year for the team's crew chief.
The appeals board, however, would have none of it.
"The onus is on the entrant to present a car that is legal at ALL times. The onus is not on NASCAR to detect every rules violation at every inspection," the board wrote in its ruling.
In fact, the argument worked so poorly, the board actually INCREASED the team's penalty - adding a $25,000 fine to Finch in addition to the penalties already handed down. This is one of just two times in NASCAR history the appeals board INCREASED the penalties - which it has the power to do.
Johnson was docked 25 points, his crew chief and car chief suspended six races and crew chief assessed a $100,000 fine for having altered C posts on their car prior to qualifying for the Daytona 500.
One of the main arguments being made by Hendrick officials is that the car passed inspection four previous times in the same fashion.
Will it work?
Given the history, my guess is not a chance. In fact, the situation may only get worse.
To me the fact that the car would have fit the templates makes this different. If NASCAR had put the car through the templates and it didn't fit then I don't think HMS would be appealing like they are. To me if NASCAR didn't like the c pillar they should have fit the templates on it, if the templates fit then change the template so it wouldn't fit at the next race a pat the 48 team for working within the rules. I also disagreed with the Sonoma penalties since the cars in that case also fit the templates. The NASCAR rules say the car must fit the templates and the car did, the rules state no additives in the fuel and state exactly what is allowed with the carb so those comparisons are not on the same level in my opinion.
ReplyDeleteThe template is only one requirement. Since NASCAR doesn't make it's rulebook public, we can't know what other restrictions may apply here. There are repeated references to "altered", so I would have to assume there is a specified standard it was "altered" from!
DeleteTo all the Felon Racing apologists, remember this: Tony Stewart's Joe Gibbs Racing prepared Chevrolet was confiscated by nascar before the first practice at Texas in early 2003. The ENTIRE car was taken by nascar. The reason was the exact same thing as the 48 car at Daytona this year, the C-pillar area was altered. 9 years later Felon motorsports weasel Chad and the fat Felon himself are whining about a small fine. How quickly some forget. Nascar should have done the exact same thing this year at Daytona but instead they allowed the 48 team to keep and race the same car.
ReplyDeleteThis is not accurate. Tony's car was confiscated due to the x measurement, not due to the c posts. Two totally different things.
DeleteQuote from AP article 3/29/03: ...the Joe Gibbs Racing entry failed inspection because it didn't meet the exact specifications for "the areas around the back of the car, back window to back deck," NASCAR president Mike Helton said.
DeleteGiven the number of times Knaus has been caught cheating, and given that the team owner is a crook, when is NASCAR going to cite a "lack of institutional control" amd levy some real penalties against this bunch?
ReplyDeleteHow many times have they undergone "random" inspections? They've gotta be the most scrutinized team in NASCAR history. You put anything under the microscope enough, you'll find something. Can you say "Witch Hunt?" Good luck today, guys!
DeleteWhen NASCAR publishes a rule book and agrees to stand by it without using the phrase we just don't like the way it looks, then and only then can any of them be accused of cheating. NASCAR is a joke anymore, and I don't watch any races anymore, and I won't until there is a independent board to decide the penalties. The appeals process is a even bigger joke. Don't any of you writer have the guts to tell the fans what is really going on. That NASCAR manufactures the results to guarantee the sponsors that they're investment will be worth it. You just can't have JJ winning every year. The only way to stop them is to keep taking points away and suspending the crew chief. This is so much crap. Just like Tony said a few years ago it WWE/NASCAR
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