Dale Earnhardt Jr. would have taken the points lead had the Commission granted his appeal. Credit: Autostock

Commission upholds Earnhardt's penalty

On Monday, the National Stock Car Racing Commission heard and considered the Appeal of Dale Earnhardt Incorporated.

The Appeal concerned penalties issued by NASCAR under Section 12-4-A of the NASCAR Rule Book:

Actions detrimental to stock car racing; use of improper language.

The penalties stemmed from the live broadcast of a NASCAR Nextel Cup Series event at Talladega Superspeedway on October 3, 2004.

The penalties assessed were:

In considering the Appeal, the Commission recognized that Dale Earnhardt, Jr. is an important ambassador of the sport and a role model for young people.

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With the rewards and accolades afforded top-tier NASCAR drivers, also goes responsibility. During the hearing, Mr. Earnhardt acknowledged that his choice of language was not appropriate and expressed his regrets.

The Commission noted that NASCAR had issued repeated warnings to contestants regarding the use of inappropriate language during live event broadcasts.

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The infraction occurred on-air at the racetrack during the live broadcast of a NASCAR event, not in a casual private conversation or off-site activity.

The Appellants argued against the concept of assessing points penalties for non-competition related infractions. The Commission finds that NASCAR has been consistent in assessing similar penalties for other recent, top-tier, "language" infractions.

It is therefore the unanimous decision of the National Stock Car Racing Commission to uphold the original penalties issued by NASCAR.

The Appellants have the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Commissioner.

Brad Daugherty

David Hall

George Silbermann, Chairman