A penalty for pitting outside the box dropped Mark Martin out of contention at Bristol and from fourth to 10th in points. Credit: Autostock

Track Smack: California

How fair is NASCAR in levying penalties -- either in-race or post-race?

David Newton: Can't complain much about what's happening in the race, but I know there have been grumblings from drivers and crew chiefs that cars outside the top 10 get away with more in pre- and post-race.

Dave Rodman: I don't think there is any question whatsoever that anyone's definition of "fairness" would be totally colored in relation to whether or not their driver is being penalized. No question about that if your e-mail log resembles mine.

Mark Spoor: There's too much gray area in post-race. I'm not sure why it can't be more black and white. You do this -- you get this.

Duane Cross: Seems there is a lot of gray in-race, too. Mark Martin was dinged for one lap for pitting outside the box on Lap 64 ... then Jamie McMurray is tagged for the same infraction and gets tail end of the longest lap on Lap 384.

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Dave Rodman: Duane, did you realize that NASCAR's infamous penalty report for Bristol lists the exact same infraction for the 6 and 26, and two widely divergent penalties? Now that isn't black-and-white if I ever saw a rainbow.

Mark Spoor: And no explanation of the difference, which I think is another big problem.

Duane Cross: Yep ... amazing. Fans shouldn't be upset with Jeff Gordon and the perception that he pitted outside his box. It's the McMurray penalty that caught my eye.

Mark Spoor: However, stars in all sports get preferential treatment. Just ask Tiger Woods after last weekend.

David Newton: Hey, Tiger played within the rules as they are.

Mark Spoor: Since when is a building a temporary obstruction, Newt?

Dave Rodman: NASCAR has never wanted to have too much in writing, because then it can make the penalties fit different circumstances -- which is why a lot of people have a hard time giving it a lot of credibility.

Mark Spoor: Exactly, Dave. You can't be a "major-league sport" and have so much subjectivity in your punishments.

David Newton: It's like the NASCAR rulebook, if it doesn't say it's against the rules then it must be OK. I would like to see NASCAR make more definitive rules. Tired of having everything referred to as "Detrimental to stock car racing.''

Mark Spoor: This discussion could be "Detrimental to stock car racing.''

Carl Edwards' actions, more than words, are what got him in trouble with NASCAR. Credit: Autostock

Garage PassCarl Edwards gets hit with a hefty fine and much more Sign up for TrackPass now BUY THE NEXTEL i836 CORRECTION In the previous edition of Track Smack, it was stated there was no case on record in which a driver had assaulted another with his car while already on probation.  The fact is, the driver in question, Carl Edwards, was not on probation for spinning Tony Stewart on pit road at Pocono or any other emotional outburst prior to his incident at Michigan.  -- Dave Rodman

Duane Cross: With the technology that goes into this sport -- namely the cars -- it would be difficult to put everything in writing. I don't envy those guys having to make the calls. At the same time, it's easy to understand the frustration that fans have on an almost weekly basis in relation to the rules.

David Newton: Fans want more black and white and less gray, I believe. NASCAR wants gray because it gives them an out when they need it.

Mark Spoor: I agree with the tech end, but as far as on-track incidents, if it's determined that you did 'x,' then the penalty should be 'y' -- every single time.

David Newton: Right on, Spoor.

Dave Rodman: The fact that we're dealing with machines -- the cars, not the crew chiefs -- makes it a lot more difficult to write definitive rules.

David Newton: To some degree, they've become more consistent with the penalties for infractions that happen on the track.

Dave Rodman: Absolutely, Newt.

Mark Spoor: We weren't dealing with cars in the Carl Edwards incident. That penalty was bush league. No pun intended.

David Newton: Was getting ready to say the same thing, Spoor. No excuse for Edwards not being penalized points or more.

Mark Spoor: He should have been sat down. Period.

Duane Cross: That would have been a good jumping off point for NASCAR to make a statement -- even though it means virtually nothing to these Buschwhackers.

Mark Spoor: I think Junior made a good point Friday. Twenty grand means nothing to these guys. If you're going to fine them, fine them six figures.

David Newton: I'm not even sure six figures will make some of them sweat. Hit them where it hurts, in points.

Dave Rodman: Points and races sitting on the sidelines are the only things that will even come close to making an impression on these guys -- and even that is primarily because someone else -- like a team owner or sponsor -- is gonna get them in a headlock.

Anyone remember a more boring 500-lapper at Bristol? Did points-racing rear its ugly head, three races before the Chase is to begin?

	Kasey Kahe lost ground at Bristol Credit: Autostock
	Garage PassWill Kasey Kahne's Chase hopes end at Fontana? Sign up for TrackPass now BUY THE NEXTEL i836

David Newton: Thank God I was able to sit on my back deck and watch it with a few adult beverages. I may not have made it through without them it was so boring.

Mark Spoor: No question about it. We heard for days about how this was "the wild card" of the Race to the Chase. It ended up being a joker.

Duane Cross: Umm, Spoor ... the Joker is the wild card.

Dave Rodman: He's still in a coma after surviving Bristol -- cut him some slack.

Mark Spoor: I don't play cards. I'm not 80.

Duane Cross: But you're right -- it was supposed to be the place where Kurt Busch, Greg, Biffle and Carl Edwards could join Kasey Kahne in the lifeboat of Hope. Instead, Kahne fell even further behind. And Busch is done for the year.

Dave Rodman: Yeah, but watching those guys come apart had some interest to it.

David Newton: Perhaps if Kyle Busch had caught Matt Kenseth at the end it would have spiced things up.

Dave Rodman: I thought the race had enough side plots to keep it interesting. It was an effort, though.

Mark Spoor: Duane touched on a good point. The excitement is slowly being drained out of Richmond.

David Newton: Part of the problem was the guys up front much of the day were the ones that are so-called gentlemen drivers like Jeff Burton and Kenseth -- if that's a problem.

Dave Rodman: No -- I don't think so. I bet a couple more guys will lock-in this weekend in California -- but there are gonna be at least two -- and maybe three people on pins and needles at RIR. Not counting Kasey Kahne, of course.

Duane Cross: There will be no drama at Richmond; the 10 we have now -- and have had for a couple weeks -- is the 10 who will drive for the title. ... And remember, Brian France already has talked about tweaking the format.

David Newton: Nobody ever said Richmond had to be a pins-and-needles race. It's just worked out that way the past few years. What everybody really wants to see is a close finish at Homestead.

Mark Spoor: Remember 2004 when there were 14 guys in at one point in that race. Now that's drama.

Duane Cross: And now the Chase is going to be mocked (even more) as gimmicky; three years in and it's already time to change the format.

David Newton: Drivers seem to want to leave it as it is for the most part, not wanting to water it down. The only argument France could have for watering it down is to make a few more sponsors happy. Imagine that.

Mark Spoor: You see dead Super Bowls. You see dead NBA Finals and World Series. Not every playoff is going to be an epic. Leave it alone.

Dave Rodman: You're right, I think a Chase format change at this point would be about the worst thing NASCAR could contemplate.

Mark Spoor: Again, you're not a "major-league sport" if you constantly change everything.

David Newton: If it wanted to make a change, it should have changed the schedule for the final 10 to make it more representative.

Duane Cross: I agree, Newt -- and I believe that if Montreal works out, we will see a Chase race outside the U.S. before the end of the decade.

Dave Rodman: NASCAR needs to use its vaunted creativity in finding ways to expose the sponsors that might get left out of the Chase -- not dilute the impact for the select 10 that get in.

Duane Cross: Sponsors are going to be the pin in the sport's balloon. It's only a matter of time before teams are signing 26-race deals.

Mark Spoor: No they don't, Rodman. Sponsors shouldn't have that much pull. It is what it is.

Duane Cross: Sponsors are the reason less-experienced drivers are getting Cup rides -- and then wadding up the sheet metal. I'm eager for the first owner to step up and put a sponsor back in its place, which isn't making driver decisions.

Dave Rodman: And the money-bagger will go somewhere else. We all wish it were that simple.

David Newton: NASCAR needs to worry about the competition and let the sponsors worry about themselves. Unfortunately, it's not that way.

Duane Cross: There should be a road course in the Chase -- and adding it in a city outside the U.S. would only heighten its prominence.

David Newton: I'd add a road course and a Darlington. Too many 1.5-mile cookie-cutter tracks. Put Darlington back on Labor Day while we're talking.

Mark Spoor: No doubt. And bring back Rockingham.

Duane Cross: Spoor, The Rock ain't coming back -- and neither is North Wilkesboro. ... You can give up that ghost.

Dave Rodman: And neither is the Labor Day Southern 500.

David Newton: I have to agree with Duane, Spoor. Give up the dream.

Mark Spoor: Sadly -- you're right.

David Newton: Yeah, cause they're packing them in -- under the stands -- in California on Labor Day.

Dave Rodman: Huh?

David Newton: Refer to the explanation for empty seats at the first California race, Rodman. Everybody was under the stands smoking or shopping, according to the track.

Dave Rodman: I was aware of that, Newt -- and I also thought ISC had a pretty good employee drug-testing policy.

Mark Spoor: Right on, Newt.

Duane Cross: I wouldn't put money on Cali keeping two races just yet. I know it's a major market, but they have issues and it's wait-and-see if Cali keeps both dates -- especially Labor Day.

Dave Rodman: The only way that place would sell out is if it sold $10 tickets and had a two-for-one deal at Ralphs.

Picks for Fontana?

	Matt Kenseth is going for three in a row and a California sweep. Credit: Autostock
	Fontana PreviewCNN Radio and TNT's Benny Parsons look ahead to Fontana NASCAR TodayWill Matt Kenseth's momentum run out before the Chase? Sign up for TrackPass now BUY THE NEXTEL i836

David Newton: Did anybody happen to notice I had the correct pick last week in Kenseth?

Duane Cross: No, didn't notice that.

David Newton: Well, you should have. It wasn't the first time this season.

Mark Spoor: Kenseth keeps rolling along. He's my pick this weekend.

Dave Rodman: I like the shot at three-in-a-row so I'll definitely hop in that canoe.

David Newton: Having said that, Greg Biffle will finish what he should have in the spring race and win this weekend.

Duane Cross: Edwards will back-flip his way to Victory Lane -- and still not make up a lot of ground as his Chase hopes fade into the Pacific.

Dave Rodman: He's already drifted past Hawaii.

David Newton: Heard him selling grass seeds on the radio the other day, so I think he's moved on to better things.

Mark Spoor: If you're going to win the title this year, you're gonna have to beat the 17.

Duane Cross: Well yeah, Spoor -- or the 48, 29, etc. That can be said of nine other teams. ... Do you have a worse cliché? Maybe, "Kenseth will take 'em one race at a time?"

Mark Spoor: I just wanna thank my team.

The opinions expresses are solely of the participants.