What happens to the money from the penalties?
Starting in 2008 all money collected from fines issued to drivers will go to the NASCAR Foundation for its charitable initiatives, before the money collected from driver/crew member penalties are generally placed into the Drivers Points Fund awarded at the end of the season.
NASCAR's appeal process
1. A written request for an appeal must be made to the National Stock Car Racing Commission within 10 calendar days of the notice of the penalty.
2. The Chairman of the National Stock Car Racing Commission will set a date and location.
3. From the pool of 31 commission members, the chairman will be joined by a minimum of two to constitute a quorum. Commission members are selected based on their knowledge and experience. They include men and women from a variety of motorsports backgrounds, some active in the sport and some retired. They include promoters, industry leaders, and dignitaries from other forms of professional motorsports.
4. Appeal would be heard; decision handed down.
5. If the team is not satisfied with the decision, they could make a final appeal to the National Stock Car Racing Commissioner Charles D. Strang. All decisions by the commissioner are final.
2008 National Stock Car Racing Commission
National Commissioner: Charles Strang Retired CEO and chairman of the board of the Outboard Marine Corp. Commission Members for 2008
Member Title
Mark Arute Stafford Motor Speedway chief operating officer and general manager
Gary Bahre New Hampshire Motor Speedway president
Buddy Baker Retired driver
Lee Baumgarten Phoenix International Raceway director of operations
John Bishop Founder, IMSA
Clay Campbell Martinsville Speedway president
John Capels USAC chairman
John Cooper Former president of Daytona International Speedway and Indianapolis Motor Speedway
Barbara Cromarty Riverhead Raceway (N.Y.) owner
Doug Fritz Richmond International Raceway president
Harry Gant Retired driver
Richard Gore Old Dominion Speedway (Va.) owner
Janet Guthrie Retired driver
Russell Hackett Carraway Speedway (N.C.) owner
David Hall Former co-founder and president of TNN/CMT
Jack Housby President, Housby Trucking
Spencer Lueders NASCAR Competition and Patent Counsel
Grant Lynch Talladega Superspeedway president
Denis McGlynn Dover International Speedway president and CEO
Leo Mehl Former director of Goodyear racing, former executive director of the Indy Racing League
Bud Moore Retired car owner
Steve Page Infineon Raceway president
Dale Pinilis Bowman-Gray Stadium (N.C.) operator
Cathy Rice South Boston Speedway (Va.) general manager
Les Richter Ex-NFL linebacker, former president Riverside Raceway, former NASCAR director of competition
George Silbermann (Chairman) NASCAR managing director of racing operations
Bob Smith NASCAR director, business affairs
Lyn St. James Retired driver
H.A. "Humpy" Wheeler Jr. Lowe's Motor Speedway president
Kevin Whitaker Greenville Pickens Speedway (S.C.) operator
Jim Williams Irwindale Speedway (Calif.) president
Jo DeWitt Wilson Former president of North Carolina Speedway
(NASCAR.com)(3-22-2008)
After a team submits its appeal, George Silbermann, chairman of the National Stock Car Racing Commission, chooses two other members among the 31 volunteers to join him in the hearing.(3-10-2008)
Did ya know? Of the 59 previous appeals heard by the current commission [for fines, penalties, suspension], 15 were reduced, and four were overturned.(USA Today)(4-27-2005)
$384,000 in 2004 Fines Redistributed: NASCAR collected fines of $384,495 from 73 Nextel Cup penalties in 2004 and
redistributed the money to the top 25 drivers, The Wall Street Journal reports today. As a result, champion Kurt Busch, whose team was fined $21,000 for various infractions during the season, collected $84,588. The newspaper says the NBA, the NFL and MLB turn over the fine money they collect to philanthropic organizations.(NASCAR Scene Daily Newsletter)(6-17-2005)
The Points Penalties for the 2008 season
#7-Robby Gordon and team owner 100 pts [Daytona 2-20-2008] RESCINDED
#99-Carl Edwards and team owner 100 pts [Las Vegas 3-5-2008]
#12-Ryan Newman and team owner 25 pts [Texas 4-8-2008]
Newman's car too high UPDATE: Penske Racing's #12-Ryan Newman finished fourth in Sunday's Samsung 500 at Texas Motor Speedway, but his Dodge did not clear postrace inspection. According to Sprint Cup Series Director John Darby, the right rear of the car was too high following the Sprint Cup Series race. The car was one-eighth of an inch beyond the allotted half-inch tolerance. Any potential penalties will be announced Tuesday.(SceneDaily.com)(4-6-2008) UPDATE - Penalty: NASCAR has issued penalties and fines to the #12 team that competes in the Sprint Cup Series, as a result of rule infractions found last Sunday at Texas Motor Speedway. The #12 car driven by Ryan Newman was found to be 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); and 12.8.1C (right rear quarter panel height did not meet the required specification; too high in post race inspection) of the 2008 NASCAR rule book. As a result, Newman and car owner Roger Penske have been penalized 25 championship driver and 25 championship owner points, respectively. Crew chief Roy McCauley has been fined $25,000 and placed on NASCAR probation until Dec. 31.(NASCAR PR)(4-8-2008)
Robby Gordon's reaction: The following is a statement from Robby Gordon regarding today's decision by the National Stock Car Racing Commission restoring his 100 owner and driver points as well as reversing the six-week suspension of crew chief Frank Kerr. The commission did increase the fine from $100,000 to $150,000. Gordon is now 21st
in driver points. Robby Gordon: "We see this as good news. We are grateful the commissioners rescinded the points penalty and suspension but disappointed by the fine. Still, we see this as a victory for Robby Gordon Motorsports. We feel like justice was done and appreciate NASCAR creating a system that allowed us to take our appeal to the National Stock Car Racing Commission. Now we plan to put this issue behind us and concentrate on making the "Chase" in 2008 as well as getting the Jim Beam Dodge into victory lane. I want to thank the thousands of fans and our sponsors who have supported us through this episode and want everyone of you to know how much we appreciate all that you have done. Our goal is to be a model team in the future and never go through something like this again."(Robby Gordon Motorsports PR)(3-5-2008)
Robby's Appeal to be held on March 5th UPDATE 2: #7-Robby Gordon's appeal to NASCAR officials in response to a 100-point penalty and six-race suspension and $100,000 fine for crew chief Frank Kerr is scheduled to be heard on Wednesday, March 5, 2008 in Daytona.(2-28-2008) UPDATE: nothing official, but am hearing all of the penalties [points and crew chief suspension] have been rescinded BUT the fine was increased from $100,000 to $150,000.(3-5-2008) UPDATE 2: On March 5, 2008, the National Stock Car Racing Commission heard and considered the appeal of Robby Gordon Motorsports regarding the #7 car. The appeal concerned three penalties issued by NASCAR following opening day inspection on February 8, 2008 for the Sprint Cup Series event at Daytona International Speedway.
The infractions concerned Section 12-4-A of the NASCAR Rule Book “Actions detrimental to stock car racing”; Section 12-4-Q “Any determination by NASCAR Officials that the car, car parts, components, and/or equipment used in the Event do not conform to NASCAR rules” and Section 20-3.1-A: “Unapproved front bumper cover.”
The penalties assessed were:
* Loss of 100 NASCAR Sprint Cup Series Championship Car Owner Points for car owner Robby Gordon.
* Loss of 100 NASCAR Sprint Cup Series Championship Driver Points for driver Robby Gordon.
* $100,000.00 fine; suspension from NASCAR for the next six (6) NASCAR Sprint Cup Series Championship Events; suspension from NASCAR until April 9, 2008, and probation until December 31, 2008 for crew chief, Frank Kerr.
The Appellants argued that the bumper cover was installed as delivered from the manufacturer, that it did not provide a competition advantage since it was discovered prior to being allowed on the racetrack, and that the bumper met the templates. The Appellants also argued against the severity of the penalties. In deliberating, the Commission considered several factors. The bumper cover constituted an obvious rules infraction and the Appellants did not contest the legality of the part. The Commission notes and reaffirms the following fundamental principal which is vital to maintaining the integrity of the sport: Regardless of the source of an unapproved part on a racecar, the race team that officially enters the car in a NASCAR race is ultimately accountable for that racecar’s conformance, or non-conformance, to the rules. However, the Commission believes that the facts presented during the hearing represented an extraordinary and unusual set of circumstances. While this does not excuse the infraction, the National Stock Car Racing Commission has decided to reinstate the car owner and driver championship points, lift the suspension, and increase the fine. For the crew chief, Frank Kerr, the penalty is increased to $150,000 and he remains on probation through Dec. 31, 2008. The Appellants have the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Commissioner.(NASCAR PR)(3-5-2008) Comment here
Roush Fenway Racing Statement on #99 Penalty: Roush Fenway Racing president Geoff Smith’s statement on the penalty given to the #99 team following Sunday’s Las Vegas race. “The bolt holding the lid in place failed in its purpose as a result of vibration harmonics generated by the car and the race track during the race. The bolt was secure enough to survive 225 miles of practice, perhaps up to 399 of 400 miles of the race and the scrutiny of numerous inspections. It’s a tough business for any race team to have to pledge $100,000, 100 points and a six race crew chief suspension as an indemnity payment to NASCAR against a promise forced from us by NASCAR that no bolt will ever fail its purpose under race conditions. We are currently evaluating whether or not the circumstances justify submitting to the unpleasantness of the appeal process, but from a competitive standpoint, we believe it is in our best interest to have Bob Osborne begin serving the penalty now. Chris Andrews, our chief engineer, will be at the track on Friday and Saturday to lead the #99 team and general manager Robbie Reiser will join Chris on the pit box Sunday during the race. We are confident that we have the depth of talent in our organization and the strength in Carl Edwards and the #99 team to overcome this penalty, should that end up being the final outcome of this unhappy episode.”(Roush Fenway Racing PR)(3-5-2008)
#99 Fails post race inspection at Las Vegas UPDATE 3 Penalties announced: been told the oil tank lid was not secured on the winning #99 Ford of Carl Edward's and found during post race inspection at Las Vegas Motor Speedway. The car failed post race inspection and will keep the win, but will face points penalties and a fine. NASCAR usually announces penalties late Tuesday afternoons.(3-2-2008) MORE: The #99 car had a problem in the postrace inspection. The lid of the oil tank reservoir was off, so NASCAR officials are taking the car to the Research and Development Center in Concord, N.C. Any possible penalties would come later this week, probably Tuesday. Five Nationwide Series teams were penalized for a similar violation at Daytona.(ESPN.com)....the rule...the oil reservoir tank cover was not fastened securely, the five teams were penalized with the loss of 25 driver and owner championship points.(Jayski's Past NNS News page) UPDATE: Carl Edwards said on NASCAR This Week [SPEED] that a bolt backed out, but he expects to be penalized.(3-3-2008) UPDATE 2: NASCAR did not announce any penalties Tuesday and supposedly will make an announcement on their decision sometime Wednesday, March 5th.(3-4-2008) UPDATE 3: NASCAR has issued penalties and fines to the #99 team that competes in the Sprint Cup Series, as a result of rule infractions found last Sunday at Las Vegas Motor Speedway. The #99 car driven by Carl Edwards was found to be 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); and 20-2.1J (any device or duct work that permits air to pass from one area of the interior of the car to another, or to the outside of the car, will not be permitted. This includes, but is not limited to, the inside of the car to the trunk area, or the floors, firewalls, crush panels and wheel wells passing air into or out of the car) of the 2008 NASCAR rule book. The violations were found during post-race inspection at Las Vegas Motor Speedway on March 2. As a result, Edwards and car owner Jack Roush have been penalized 100 championship driver and 100 championship owner points, respectively. In the event the #99 team qualifies for the Chase for the NASCAR Sprint Cup, the team will not receive the 10 bonus points for the UAW-Dodge 400 victory used for determining the Chase seeding order. Crew chief Bob Osborne has been fined $100,000, suspended from the next six Sprint Cup Series events, suspended from NASCAR until April 30 and placed on probation until Dec. 31.(NASCAR PR), Expect Roush Fenway Racing to appeal the penalties. The 100 pt deduction takes Edwards from leading the Drivers Points Standings to 7th, 79 pts out of 1st and #18-Kyle Busch retakes the points standings by 20 over #12-Ryan Newman.(3-5-2008) Comment here
#7 team penalized for Daytona infraction: NASCAR has issued penalties and fines to the #7 team that competes in the Sprint Cup Series, as a result of rule infractions found during Speedweeks at Daytona International Speedway. The #7 Dodge driven and owned by Robby Gordon was found to be 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); and 20-3.10A (unapproved front bumper cover) of the 2008 NASCAR rule book. The violations were found during opening day inspection for the Daytona 500 on Feb. 8. As a result, Gordon has been penalized 100 championship driver and owner points. Crew chief Frank Kerr has been fined $100,000, suspended for the next six Sprint Cup Series events until April 9 and placed on probation until Dec. 31, 2008.(NASCAR PR)(2-20-2008) Comment here
Penalties for Busch, Stewart after practice incident? UPDATE: NASCAR chairman Brian France kicked off the 2008 media tour in Charlotte, N.C., last month by saying Sprint Cup drivers needed to show more of their personalities. #2-Kurt Busch and #20-Tony Stewart obliged on Friday night when they got into a sheet metal exchange on pit road after an on-the-track incident that wrecked both of their cars in the final practice for Saturday's Budweiser Shootout at Daytona International Speedway. Both drivers immediately were summoned to the NASCAR hauler to meet with Series director John Darby and competition director Robin Pemberton. They will meet again on Saturday before the governing body determines what fines, if any, will be issued. The only words spoken by either driver -- both left through a side door without commenting -- came from Busch before entering the hauler. "It's a great way to start off 2008," he said, clapping his hands together.(more at ESPN.com)(2-9-2008) UPDATE: On SPEED's NASCAR Live, Bob Dillner reported that he spoke with NASCAR's Jim Hunter that Tony Stewart and Kurt Busch met Saturday morning in the NASCAR Trailer and the meeting was cordial. It was also reported that Stewart may had thrown a punch in the NASCAR trailer Friday night after the incident, but NASCAR declined to comment on that and no more about possible penalties for either driver yet. Dr. Dick Berggren talked to Stewart during practice, who was very contrite and said it was part of racing and that what happened was over.(2-9-2008) Comment here.
NASCAR Fine Payments Going to NASCAR Foundation: NASCAR announced that starting this season, all money collected from fines issued to drivers will go to the NASCAR Foundation for its charitable initiatives. “Now that the NASCAR Foundation is well established and supporting dozens of charitable organizations it is the logical place for fine money to be distributed,” said NASCAR Chairman and CEO Brian France. “We are excited to be able to work with our charities and help them develop a program that will maximize the impact they can have with their organizations,” said Sandy Marshall, executive director of the NASCAR Foundation.(NASCAR PR)(1-21-2008) Comment here
LARGEST PENALTIES
Team, Date, Track, Violation, Crew chief Fine-Team/points, Suspension
#55-Michael Waltrip Racing, Feb. 2007, Daytona, Fuel/Additive, David Hyder $100,000/100 Indefinite Suspension
#24-Jeff Gordon/Hendrick Motorsports, July 2007, Sonoma, Front Fender Manipulation, Steve Letarte, $100,000/100, 6 races
#48-Jimmie Johnson/Hendrick Motorsports, July 2007, Sonoma, Front Fender Manipulation, Chad Knaus, $100,000/100, 6 races
#2-Kurt Busch/Penske Racing, June 2007, Dover, Endangering crew member, Drivers $100,000, Team/Driver 100 pts
#8-Dale Earnhardt Inc. May 2007, Darlington, Rear Wing Brackets, Tony Eury Jr. $100,000/100, 6 events
#24-Hendrick Motorsports May 1995, suspension parts, Ray Evernham $60,000/none None
the list got too long to maintain and the differences over the years in terms of money and points penalzied has changed dramatically
PAST PENALTIES NEWS
Speeding Penalties at Atlanta: More speeding tickets: NASCAR's pit road crackdown continued at Atlanta. During the drivers meeting, it was announced there will be no more 15-second penalties for speeding on pit road. Instead, drivers will serve drive-through penalties for speeding or driving through three or more pit boxes when pitting. Dale Jarrett (three times), Dale Earnhardt Jr. (twice), Michael Waltrip and Kurt Busch were busted for speeding Sunday.(FoxSports/Sporting News)(3-21-2005)
Driver Suspensions? Jimmy Spencer, co-host of SPEED Channel's NASCAR This Morning, reported on Atlanta's Nextel Cup driver meeting. It was a really important drivers meeting, and (NASCAR president) Mike Helton talked about fitting in the box.
In '01 and '02, they escalated the fines to just money. Then it was not enough. And then at Dover in June (last year), he warned it would escalate higher in reaction to the points. One month later, they issued money and points. Today, with what happened last week at Vegas, Mike says that's it. What (NASCAR's) going to do, he's heard about all of the car owners and crew chiefs talking this stuff, the car has to fit in the box. Don't make (NASCAR) react. "What I wanted to do today was to address you, as we have in the past, to give you the heads up that NASCAR will do whatever it feels like it has to do to maintain the confidence of everybody in the garage that everyone is playing on the same playing field," Helton said. "Whether it's intentional or whether it's not intentional, there is a box that you have to fit in, and it's our responsibility to react when it doesn't work right. My assumption of what he said is, "Boys, you could be missing a week. Maybe more."(FoxSports/Speed Channel)(3-21-2005)
Race Penalties Now Less Severe: Beginning with Sunday's Golden Corral 500, eight infractions that used to bring a stop-and-go penalty will now be addressed with a pass through the pits. They include a crew member jumping over the wall too soon, too many crewmen in the pit service area, using more than two air wrenches during a stop, and tossing the fuel or catch cans. Other violations now covered by a pass-through penalty are: crew members returning from the equipment side of the wall, illegal use of extension poles, failing to carry the front air wrench to the pit wall side, and noncompliant refueling. A stop-and-go requires a car to return to its pit box for 15 seconds, while the lesser penalty is merely going back through pit road at the required speed limit.(FoxSports/AP)(3-20-2005)
Last Time a win was stripped for an post-race inspection violation? The last time NASCAR [Cup Series] disqualified a winner for failing a post-race inspection was in 1955, according to an official in NASCAR's statistical services. Fireball Roberts won the Daytona Beach race, but had the win taken away for an engine modification. NASCAR gave Tim Flock the win. Since then, drivers have kept wins regardless of the infractions. NASCAR stripped Rudd of a victory at the Sears Point (now Infineon) road course in 1991 for rough driving. Rudd made contact with leader Davey Allison before the final lap and caused Allison to spin. Rudd crossed the finish line first but was not given the checkered flag. That waved as Allison passed.(News and Record). No Petty was not stripped in 1983, no Mayfield was not stripped in 2000, Skinner and Jarrett had Busch wins stripped NOT Cup.(3-20-2005)
