Sauter's appeal rejected, fine increased by $25K

The following is a statement by the National Stock Car Racing Commission, which reviewed owner James Finch's appeal of infractions levied following the O'Reilly 300 at Texas Motor Speedway:

Johnny Sauter Credit: Getty Images/Streeter Lecka'

On April 25, 2005, the National Stock Car Racing Commission heard and considered the Appeal of James Finch, Johnny Sauter and Joel Shear concerning three penalties assessed by NASCAR relative to the No. 1 car following the NASCAR Busch Series event at Texas Motor Speedway on April 16, 2005.

The infractions concerned Section 12-4-A of the NASCAR Rule Book "Actions detrimental to stock car racing" and 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: unapproved carburetor."

The penalties assessed were

• Disqualification for driver Johnny Sauter.

• Suspension from NASCAR until May 18, 2005, suspension from the next four (4) NASCAR Busch Series races, and probation until December 31, 2005 for crew chief Joel Shear.

• The Appellants contented that the carburetor had been previously presented to and approved by NASCAR Officials. The Appellants also contested the severity of the penalty.

ALSO Sauter disqualified at Texas

In considering the appeal, the Commission noted the following:

The modifications to the carburetor represented an unequivocal and substantial violation of the rules.

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.

Parts or equipment on the racecar are not deemed to have been authorized or approved by reason of having passed through inspection at any time or any number of times unobserved or undetected.

Given the blatant nature of the infraction, it is the unanimous decision of the National Stock Car Racing Commission to

• Uphold the original penalty against driver Johnny Sauter.

• Uphold the original penalty against crew chief Joel Shear.

• Increase the penalty against car owner James Finch to: Disqualification and a $25,000.00 fine.

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