Appeal Denied Hendricks

via NASCAR press release

National Motorsports Appeals Panel Statement

(June 9, 2015)

The National Motorsports Appeals Panel today heard and considered the appeal of a P1 penalty issued on May 27, 2015 to Hendrick Motorsports relative to NASCAR Sprint Cup Series vehicle #48 at Charlotte Motor Speedway.

The penalty concerns the following section in the 2015 NASCAR rule book:

12.5.3.1 – Warnings and P1 penalty options:

.b: Multiple warnings issued to the same team member or team will result in one or more P1 penalties.

.c: If the same team receives two warnings during the same event, or two warnings during two consecutive events, whether the events are championship or non-championship, then this may result in one or more … P1 penalties at NASCAR’s discretion.


The original penalty assessed was the last choice in the pit selection process for the next event.

Upon hearing the testimony, the decision of the National Motorsports Appeals Panel is:

·         Warnings are not appealable. NASCAR acted correctly in issuing a P1 penalty after the second warning.

·         But, the panel must also decide if there has been a violation of the rules (Section 14.15.1.b).

·         In the hearing, there was a preponderance of evidence presented that the side skirt violation which led to a warning did occur. There was conflicting evidence about the inspection violation which led to the second warning instead of preponderance.

·         Since only one of the two violations were shown by a preponderance of the evidence, the panel rescinds the P1 penalty.

The panel consisted of the following three individuals:

Richard Gore
David Hall
Jay Signore

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Joe Gibbs Racing Penalties Amended By NASCAR Appeals Board

I'm sure you've heard the news already, but thought I'd toss this out there, just in case you had missed it and you follow this site.

Back on April 23rd, Matt Kenseth won a race, but an engine component was a touch light, as in, almost a feather's worth too light.  But a rules infraction, as NASCAR sees it, is an infraction.

The penalties handed out seemed pretty stiff to fans.  But its a demonstration of how serious NASCAR is about people mucking with the engines in the competition.

Joe Gibbs Racing appeared before the Appeals Board today and they found themselves recipients of some, well, better news, compared to the original fines.

Check out the press release below for details.

 National Stock Car Racing Appeals Panel Statement
(May 8, 2013)

The National Stock Car Racing Appeals Panel today heard and considered the appeal of the No. 20 Joe Gibbs Racing NASCAR Sprint Cup Series team.

The penalties concern Sections 12-1: Actions detrimental to stock car racing; 12-4J: Any determination by NASCAR Officials that race equipment used in the event does not conform to the NASCAR rules detailed in Section 20 of the NASCAR rule book, or has not been approved by NASCAR prior to the event; and 20-5.5.3E: Only solid magnetic steel connecting rods with a minimum weight of 525.0 grams will be permitted. Connecting rod failed to meet minimum connecting rod weight.

The penalties stemmed from a post-race engine inspection April 23 at the NASCAR Research and Development Center.

The original penalties assessed to the No. 20 team were:

·         Crew chief Jason Ratcliff: Fined $200,000 and suspended from NASCAR until the completion of the next six NASCAR Sprint Cup Series championship point events (a period of time that also includes the non-points Sprint All-Star Race)

·         Car owner Joe Gibbs: Loss of 50 championship car owner points; the first place finish from April 21 at Kansas Speedway will not earn bonus points toward the accumulated aggregate car owner points total after the completion of the first 26 events of the current season and will not be credited towards the eligibility for a car owner wild card position; had the owner's license for the No. 20 NASCAR Sprint Cup Series car suspended until the completion of the next six championship point events, therefore being ineligible to receive championship car owner points during that period of time.

·         Driver Matt Kenseth: Loss of 50 championship driver points; the Coors Light Pole award from April 19 at Kansas Speedway will not be allowed for eligibility into the 2014 Sprint Unlimited; the first place finish from April 21 at Kansas Speedway will not earn bonus points toward the accumulated aggregate driver points total after the completion of the first 26 events of the current season and will not be credited towards the eligibility for a driver wild card position.

·         Manufacturer: The loss of five NASCAR Sprint Cup Series manufacturer championship points.

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The Appellants appealed all penalties listed above. The Appellants also requested and were granted a deferral of the suspensions until such time as the hearing could be convened.

Upon hearing the testimony, it was a unanimous decision by the National Stock Car Racing Appeals Panel to amend the original penalties assessed by NASCAR. The amendments are as follows:

·         Crew chief Jason Ratcliff: The $200,000 fine remains intact; NASCAR suspension now covers one championship points event. In addition, he will be placed on NASCAR probation until the completion of the next three championship points events following his reinstatement;

·         Car owner Joe Gibbs: Loss of championship owner points has been reduced to 12. All other components of his penalty were rescinded;

·         Driver Matt Kenseth; Loss of championship driver points has been reduced to 12. All other components of his penalty were rescinded;

·         Manufacturer: The loss of NASCAR Sprint Cup Series manufacturer championship points has been increased to seven.

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Penske Fines Upheld, Suspensions Modified

If you were curious on the outcome of Penske addressing NACSAR's Chief Appellate Officer about their being snagged during an equipment inspection back in early April at Texas, in  nutshell:

Fines have all been upheld and the suspensions have been reduced to 2 points races and the 1 non-points race event.

See the press release below:


NATIONAL STOCK CAR RACING - CHIEF APPELLATE OFFICER STATEMENT


On May 7, 2013 the Chief Appellate Officer heard and considered the appeal of the penalties from the No. 2 and No. 22 Penske Racing NASCAR Sprint Cup Series teams.  These penalties stemmed from pre-race inspection for the NASCAR Sprint Cup Series at Texas Motor Speedway April 13.


The penalties concern Sections 12-1: Actions detrimental to stock car racing; 12-4J: Any determination by NASCAR Officials that race equipment used in the event does not conform to the NASCAR rules detailed in Section 20 of the NASCAR rule book, or has not been approved by NASCAR prior to the event; and


20-12: All suspension systems and components must be approved by NASCAR. Prior to being used in competition, all suspension systems and components must be submitted in a completed form/assembly to the office of the NASCAR competition administrator for consideration of approval and approved by NASCAR. Each such part may thereafter be used until NASCAR determines that such part is no longer eligible. All suspension fasteners and mounting hardware must be made of solid magnetic steel. All front end and rear end suspension mounts with mounting hardware assembled must have single round mounting holes that are the correct size for the fastener being used. All front end and rear end suspension mounts and mounting hardware must not allow movement or realignment of any suspension component beyond component normal rotation or suspension travel.



The original penalties assessed to the No. 2 team were:


·         Crew chief (Paul Wolfe): $100,000 fine; suspended from NASCAR until the completion of the next six NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race); placed on NASCAR probation until Dec. 31;

·         Car chief Jerry Kelley, team engineer Brian Wilson and competition director Travis Geisler (serves as competition director for both the No. 2 and No. 22 cars): Suspended from NASCAR until the completion of the next six NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race); placed on NASCAR probation until Dec. 31;

·         Car owner Roger Penske: Loss of 25 championship owner points;

·         Driver Brad Keselowski: Loss of 25 championship driver points.


The original penalties assessed to the No. 22 team were:


·         Crew chief (Todd Gordon): $100,000 fine; suspended from NASCAR until the completion of the next six NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race); placed on NASCAR probation until Dec. 31;

·         Car chief Raymond Fox and team engineer Samuel Stanley: Suspended from NASCAR until the completion of the next six NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race); placed on NASCAR probation until Dec. 31;

·         Car owner Walt Czarnecki: Loss of 25 championship owner points;

·         Driver Joey Logano: Loss of 25 championship driver points.


The results of the Chief Appellate Officer hearing were:

-          Upholding the fines and points penalties that were originally assessed.

 -          Reducing the suspensions of the seven team members from six NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race) to two NASCAR Sprint Cup Series championship points events (plus the non-points NASCAR Sprint All-Star Race).


The seven team members in question will be suspended for the next three upcoming NASCAR Sprint Cup Series race weekends at Darlington Speedway and Charlotte Motor Speedway. They will return for the race weekend at Dover International Speedway. They remain on NASCAR probation until Dec. 31.


"After looking at all the facts and data and interpretations from the rule book, I have decided to uphold the original fines and points penalties," said John Middlebrook, Chief Appellate Officer. "However, I have decided to reduce the suspensions of the seven team members involved from six points races and the all-star race to two points races and the all-star race."

John Middlebrook – Chief Appellate Officer

Hendrick Team Points and Penalties Overturned By Appellate; A Few More Points

Today we saw NASCAR's Appellate court in action... when Rick Hendrick and NASCAR faced off the last time in regards to the car body rules infraction that was incurred at Daytona.

On the line were a huge collective of points for both driver and owner, a lengthy "vacation" from the track for a few, and, for you or I, a hefty fine.

But after hearing both sides of the story, with Rick Hendrick showing 20 different photos and almost 20 pages of documentation and affidavits as to the legality of the car, he seemed to have made a point.  He had also added to his testimony how the car had sat in the R&D center in January and Hendrick had written proof that the car wasn't altered after being in the center.

With that all said and done, the man making the final judgement surprised the entire NASCAR fan community when he overturned the ruling, giving the driver and owner points back to the team, BUT, leaving the $100k fine in place.

By Jimmie Johnson getting his points back, he's now 11th in the driver standings, 36 points out of first.

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But fans are going crazy because the want to know how one can drop the points penalties and suspensions, yet keep the fine in place?  When NASCAR was asked about the fine remaining, they jumped on that one, saying it proves that the car wasnt right.

BTW:  John Middlebrook has heard 4 appeals now and has reduced portions of all of them.  And if I heard right on SiriusXM this morning, Middlebrook and Hendrick go way back because he used to work for GM.

That's probably not related, but it's out there.

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Now the questions of the day are how can NASCAR enforce car inspections if they only going to get turned over?  To be honest, I think they still can.  This was an eyeball call where no template sits.  With that said, I'm guessing there might be fewer judgement calls and more templates on the horizon!

But as to his reasoning, we'll never know what was going on in Middlebrook's mind.  The press was not given access to the man.

Albeit, that's all she wrote.  Jimmie is back in the hunt, Chad is still on the box and it's business back to normal.

Asked how he feels this will impact his image, Chad says it's not about image, it's about winning.  And that's what makes these two, Knaus and Johnson, a force to be reckoned with.  Chad Knaus does what he can to win in this day and age of such close parity.  And he does it often enough that he finds himself in hot water every few years.  Jimmy is the man who can drive the cars Chad squeaks out onto the track.

I'm betting they'll be playing it safe for a little while now.  At least though Fontana.  That's for sure.

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Bad News for Jimmie?

Though you have to wonder with two of Jimmie Johnson's championships having come in seasons where Chad had to sit out a few weeks each.

I thought this would fire them up when Chad was gone.  But now that Chad is not gone...  just saying!

Sources, All Twitter, All the Time
http://twitter.com/:
nateryan
jim_utter
jeff_gluck
dustinlong
bobpockrass
MartySmithESPN

The No. 48 Penalties Lifted, Points Returned & Fine Stays in Place Though

I'm surprised by this final verdict because I think like all of us, we were expecting to see Chad Knaus take a quick 6-week vacation.  Be it as it may, NASCAR's Chief Appellate Officer granted the No. 48 teams points back, in both driver and owners points and pulled the suspension that was looming over Knaus's head.  But...  the fine remains in place.

Most interesting.  Here's the press release that just came out, the very same time that the news was announced at the R&D center:

On March 20, 2012, the Chief Appellate Officer heard and considered the appeal of the penalties resulting from the #48 Hendrick Motorsports NASCAR Sprint Cup Series team.  This stemmed from an opening day inspection for the NASCAR Sprint Cup Series at Daytona International Speedway on February 17, 2012.

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 detailed in Section 20 of the NASCAR Rule Book, or has not been approved by NASCAR prior to the Event;" and Section 20-2.1(E): "If in the judgment of NASCAR Officials, any part or component of the car not previously approved by NASCAR that has been installed or modified to enhance aerodynamic performance, will not be permitted: Unapproved car body modifications."

The results of the appeal hearing were as follows:

-          Rescinding the loss of 25 NASCAR Sprint Cup Series Championship Car Owner points (for Jeff Gordon).

-          Rescinding the loss of 25 NASCAR Sprint Cup Series Championship Driver points (for Jimmie Johnson).

-          Rescinding the six (6) NASCAR Sprint Cup Series Championship Events suspension for the Crew Chief (Chad Knaus) and Car Chief (Ron Malec), however both will remain on NASCAR probation until May 9, 2012.

-          $100,000 fine remains in place for the Crew Chief (Chad Knaus).

John Middlebrook – Chief Appellate Officer

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Chad Knaus Could Be Looking At Another Six-Week Sabatical!

The appeals board heard the appeals of the Hendrick Motorsports No. 48 team on their Daytona infraction.  And despite the team's urging of the matter and trying to get the penalties rescinded, it was to no avail.  Of course the team will be appealing the appeal hearing, but I'm pretty sure it's not going to matter.  I think if this team and particular crew chief didn't have a history of pushing the boundaries, maybe, just slightly maybe, it would be different.  Don't know though.

Below is the press release on the NASCAR Appeals Panel Statement:

NATIONAL STOCK CAR RACING APPEALS PANEL STATEMENT

On March 13, 2012, the National Stock Car Racing Appeals Panel heard and considered the appeal of the #48 Hendrick Motorsports NASCAR Sprint Cup Series team.

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 detailed in Section 20 of the NASCAR Rule Book, or has not been approved by NASCAR prior to the Event;" and Section 20-2.1(E): "If in the judgment of NASCAR Officials, any part or component of the car not previously approved by NASCAR that has been installed or modified to enhance aerodynamic performance, will not be permitted: Unapproved car body modifications." 

This stemmed from an opening day inspection for the NASCAR Sprint Cup Series at Daytona International Speedway on February 17, 2012.

The original penalties assessed prior to the deferral were:

-          Car Owner (Jeffrey M. Gordon) – Loss of 25 NASCAR Sprint Cup Series Championship Car Owner points;

-     Car Driver (Jimmie K. Johnson) – Loss of 25 NASCAR Sprint Cup Series Championship Driver points;

-          Crew Chief (Chad A. Knaus) - $100,000.00 fine.  Suspended from the next six (6) NASCAR Sprint Cup Series Championship Events.  Suspended from NASCAR until April 18, 2012.  Placed on NASCAR probation until May 9, 2012. 

-          Car Chief (Ron P. Malec) - Suspended from the next six (6) NASCAR Sprint Cup Series Championship Events.  Suspended from NASCAR until April 18, 2012.  Placed on NASCAR probation until May 9, 2012. 

Upon hearing the testimony, carefully reviewing the facts and historically comparative penalties, the unanimous decision of the National Stock Car Racing Appeals Panel was to uphold the original penalties assessed by NASCAR. 

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. 

 

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NASCAR At The New Phoenix: Brad's Phone, Johnson's Appeal

NASCAR is going into this weekend at Phoenix International Raceway, we have past champions in arrears of the driver points, that same team appealing stiff penalties, and other goodies like Twitter dominating the media campaign this weekend.

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Last weekend during the Juan Pablo Montoya camp fire on the track, Brad Keselowski made headlines with his tweeted pic from within his car.

I thought it was a pretty neat thing with NASCAR getting the media attention from Brad's deed.  And I left it at that.  The media on the other hand, and others did not.

An issue came up that I had not thought about, and that was if Brad could have used his smartphone to possibly record data from the EFI system in his car.  And that's a hot subject, being how NASCAR is keeping a tight lid on the premise of tampering with the EFI systems they're using this year.

Brad had to answer as to why he had his phone in his car, and he said that having his phone in his car lets him contact family when he gets into a wreck.  He once had a frustrating experience where it took him a long time to get in touch with his family after a wreck in Fontana.

NASCAR Rescinds Probations

Wow, when will wonders cease? It's only one small deed, but everything starts with one small deed.

Remember the gas pedal / magnet debacle a bit ago with the Gibbs Nationwide cars, No 18 and 20?

NASCAR came down hard on everyone involved. When Gibbs appealed, they only appealed the probations of their drivers, Tony Stewart and Joey Logano.

It seems that the appeal was a well placed appeal and NASCAR has rescinded the probations of both drivers.

Good for them.

source

Related:

Gibbs Penalties Dished Out

The JGR Gas Pedal Magnet Craziness Continues

Magnets On The Pedals At JGR

Edwards' Penalty Appeal a No-Go with NASCAR

The National Stock Car Racing Commission has upheld the 25-point penalty NASCAR assessed Carl Edwards' No. 99 Roush Fenway Racing team after the right rear of his car was found to be too low following his victory Sept. 30 at Dover International Speedway.

By losing the appeal, Edwards remains sixth in the standings, 205 points behind leader Jeff Gordon.

scenedaily.com

Hendrick Picking Interim Chiefs

Which means that Hendrick Motorsports will not be filing appeals in response to the infractions his teams incurred last weekend at infineon.

http://sports.espn.go.com/rpm/news/story?seriesId=2&id=2919384

APPEALS DENIED

The appeals by both Roush Fenway & Evernham teams have been heard, and denied. What NASCAR set in motion back at Daytona, was set in stone.

http://www.thatsracin.com/242/story/3242.html