New Penalty And Appeal Processes Announced By NASCAR

NASCAR is seriously embracing change for the 2014 season.  Usually they have a few new modifications for processes in place, but if I didn't know any better, I'd think they went to an outside source who is trying to make the sport look more and more like other sports.

First, they change up the qualifying structure. {I don't know about you, but a few seasons back, I actually enjoyed when they had the fastest practice timed cars go last!}  Then they announce a new Chase Format structure that makes me question my loyalty to the sport.  Or at least my sanity, because with the new Chase Format, well, points don't truly matter any more.

And now, NASCAR has announced that they're making enhancements to their penalty and appeals structure or processes.

They've laid out exactly how the penalty process, or as they now refer to it as, the Deterrence System, will work and what appeals process changes have taken place.

For the deterrence system, here is what the press release points out:

{

NASCAR’s Deterrence System

NASCAR’s Deterrence System is easily understood and specifically lays out exactly what disciplinary action will be taken depending on the type of technical infraction listed from warnings to six penalty levels in ascending order. Some of the Deterrence System elements include:



§  The system starts with warnings (W) issued for very minor infractions, then are grouped into six levels – P1 (least significant) to P6 (most significant).

§  Lower P levels list penalty options from which NASCAR may select (fines or points) while higher P levels are an all-inclusive combination of multiple penalty elements (points and fine and suspension, etc.).

§  At the highest three levels of the system, if a rules infraction is discovered in post-race inspection, the one or more additional penalty elements are added on top of the standard prescribed penalty.

§  Repeat offenses by the same car are addressed via a “recurrence multiplier,” i.e. if a P4 penalty was received and a second P4 or higher infraction occurs in the same season, the subsequent penalty increases 50% above the normal standard.

§  Suspensions are explained in greater detail.

§  Behavioral infractions are still handled on case-by-case basis and are not built into the W, P1-P6 structure.


The 2014 Rule Book will explain how and why NASCAR issues penalties as well as the factors considered when determining a penalty. The Rule Book also will detail the types of infractions that fall within each level by citing examples that are included but not limited to:



·         Warnings are issued instead of penalties for certain types of minor, first-time infractions.

·         P1 penalties may result from multiple warnings to the same team.

·         P2 penalties may include but are not limited to violations such as hollow components, expiration of certain safety certification or improper installation of a safety feature, or minor bracket and fasteners violations.

·         P3 penalty options may include but are not limited to violations such as unauthorized parts, measurement failures, parts that fail their intended use, or coil spring violation.

·         P4 level infractions may include but are not limited to violations such as devices that circumvent NASCAR templates and measuring equipment, or unapproved added weight .

·         P5 level may include but are not limited to violations such as combustion-enhancing additives in the oil, oil filter, air filter element or devices, systems, omissions, etc., that affect the normal airflow over the body.

·         P6 level may include but are not limited to violations such as affecting the internal workings and performance of the engine, modifying the pre-certified chassis, traction control or affecting EFI or the ECU.

}

I know it's a tricky proposition to enforce rules and apply deterrent outlines, so with a grain of salt, I'm suggesting that NASCAR had their lawyers draft that outline!  Dang!

Again... it's a tricky proposition.

As far as the appeals process goes, their press release had this to say:


{

The National Motorsports Appeals Panel

The new Appeals process continues to provide two tiers for resolving disputes. On the first level before a three-member Appeals Panel, NASCAR has the burden of showing that a penalty violation has occurred. On the second and final level, only a NASCAR Member is allowed to appeal and they have the burden of showing the Final Appeals Officer that the panel decision was incorrect.



Some other Appeals changes include:

§  Clearly identifying the procedural rights of NASCAR Members

§  Detailing responsibilities of parties throughout the process

§  Allowing parties the option to submit summaries on issues before the Appeals Panel

§  Allowing NASCAR Members named in the penalty to be present during the entire hearing

§  Appeals Administrator is not allowed to be present during panel deliberations

§  Creating a clear Expedited Appeals Procedure when necessary

§  Changing the name of the Appeals Panel to The National Motorsports Appeals Panel

 }

I find it interesting that they specify that only a NASCAR member is allowed to appeal in the second level.  I'm not sure why they'd add that restrictive clause unless teams in the past have brought in lawyers to argue their point at times.

But there it is... more new rules and outlines from NASCAR, impacting the 2014 season.

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