Busch's slap of the wrist minor compared to crime

It was April 13, 2002, when the incident occurred, in a Truck Series race no less.

Kevin Harvick spun out Coy Gibbs on a Saturday-evening drive at Martinsville. It was retaliation for an earlier incident in which Gibbs turned Harvick around. So on Lap 188, Harvick smashed into the back of Gibbs' truck in Turn 1 and ended his day.

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Harvick immediately was black-flagged, told by NASCAR officials to come to the garage and hand over his keys. He was parked for the day. All that came while Harvick was on probation from a post-race Busch Series incident at Bristol. The expected penalty: a monetary fine and some points taken away -- status quo in NASCAR's courtroom.

But on Sunday, April 14, the news came: Harvick was suspended from the Cup race for his aggressive driving.

Fast forward to Monday's altercation between Kurt Busch and Tony Stewart. Aggressive driving, continual bumping for several laps and finally Busch tries to get by Stewart only to get turned. Stewart didn't give an inch, and his front bumper of the armored-car-like COT sent Busch nose-first into the Dover wall (watch video).

Stewart went to pit road for repairs, and Busch followed him. Problem was that Busch brought his No. 2 Dodge to a screeching halt and gently slid into Stewart's No. 20 Chevrolet.

The photo of jackman Jason Lee jumping onto the hood of Stewart's car for fear of his life tells it all.

And on Friday NASCAR finally handed down its penalty. Would it be one race? Two races? It wasn't a matter of "if" but "how many" races Busch would be suspended after crossing the proverbial line of safety -- NASCAR's baby aside from the actual racecar in the world of safety improvements has been pit road for the past two decades.

And at precisely 9:13 a.m. ET, the e-mail came: Kurt Busch penalized due to rule infraction at Dover International Speedway.

Click. Open. Nothing.

Busch got spanked with a deduction of 100 driver points, fined $100,000 and owner Roger Penske lost 100 points.

There are fire suits on pit road for the gas men. There are helmets that all crewmen must wear. Most of the over-the-wall guys wear safety goggles of some kind for protection of elements and fuel. There is a limit to how many crewmen can be over the wall at one time. There is a speed limit (of all things in racing) on pit road.

Pit-road safety measures are no laughing matter in stock-car racing. Yet Friday's penalty is.

The penalty dished against Busch was Rule 12-4-A (actions detrimental to stock car racing -- reckless driving; endangering a crew member on pit road).

Busch penalized

Kurt Busch was penalized 100 points and fined $100,000 for his Dover actions on pit road.

• Complete story, click here
• Pemberton responds to penalty
• Busch thought he would sit out
• Pate: Penalty doesn't fit crime

Oh, so that's the rule for using your car as a 3,400-pound battering ram when a jackman is trying to work on a competitor's car. We've all been looking for it.

Bottom line: The penalty is absurd. It does not fit the crime. And it does not hold true to precedence.

True, when Harvick was suspended for a race it came after he had committed multiple on-track incidents within a matter of weeks and while being on probation.

But let's not kid ourselves. Busch's track (and off-track) record hasn't been as crystal as Miller's brew. Remember when a feud with Jimmy Spencer came to a head at Michigan in 2003? Busch stopped in front of Spencer's hauler and Spencer promptly punched Busch in the nose. Note: Spencer was suspended for the following week's race.

Even penalties dished out earlier this season make Friday's paddle-whipping look weak.

Following Daytona, $50,000 fines and 50-point deductions were upheld for Kasey Kahne and Matt Kenseth for infractions on the car pre-race. The big daddy to start the season was the $100,000 fine and 100-point loss slapped on Michael Waltrip's team for an unidentified substance in the carburetor. Two of his team members got suspended indefinitely.

And just three weeks ago, Dale Earnhardt Jr. was penalized 100 points and crew chief Tony Eury Jr. was fined $100,000 for an illegal part on the No. 8 team's Car of Tomorrow at Darlington -- a rear mount for the wing.

So in essence, a wrong part on the COT is treated the same as Busch nearly running over a man on pit road.

And for all those interested, it would be nice, for once, to see the actual check that Busch writes to NASCAR for the fine because he will be the one paying, won't he? And this probation period through Dec. 31 -- so if he acts up at the postseason banquet, does that mean he can't race for the rest of the year?

"They all want pit-road safety, and we have to wear helmets and fire suits, but you can't combat [a car]," Lee said following the incident. "What matters is they want pit-road safety and they got a guy doing a bonehead move like that. We all got families to go home to at night."

The fact that a crewman was scared for his life magnifies Monday's mishap. Problem is that obviously wasn't seen in considering the penalty.

The opinions expressed are solely those of the writer.