Nationwide appeals prove Commission fair process

HAMPTON, Ga. -- On Friday at Atlanta Motor Speedway, team owner Jack Roush said his 22-year history with the National Stock Car Racing Commission told him the group was "a rubber stamp" to reaffirm NASCAR penalties.

When NASCAR members are penalized for racing activities, the NSCRC is the body they can make appeals to. Roush said he has had no luck with any of his numerous appeals through the years.

But the experiences with the Commission last week of the five Nationwide Series teams that appealed their penalties for an alleged infraction following qualifying at Daytona during the season-opening Camping World 300 prove differently, several representatives of those teams also claimed on Friday.

The initial penalty for the five Nationwide teams was the same: A 25-point deduction to each driver; a 25-point deduction to each owner; and for each crew chief, a $15,000 fine, six-race suspension and probation through Dec. 31, 2008.

When Rusty Wallace Racing, Phoenix Racing, Kevin Harvick Inc., Richardson-Haas Motorsports and JD Motorsports appealed to the NSCRC, each of their results was different, while only one of the three-person votes was unanimous.

At Daytona, the five teams were cited for violating rule book Sections 12-4-A, 12-4-Q and 20A-8.4C, specifically because the oil reservoir tank cover was not fastened securely.

The reservoir tank for NASCAR stock cars' dry sump oiling system typically holds about 16 quarts of oil and is mounted behind the driver's seat, enclosed in a sheet metal enclosure that has a detachable lid and an open bottom.

NASCAR's issue was actually with the lid to the enclosure, which in the case of Nationwide Series cars is rectangular in shape with one diagonal side, about 14 inches by 16 inches, according to team owner Wallace, whose No. 64 Dodge team was one of those cited.

Certain team owners and drivers who spoke on the issue said it was common knowledge, as determined through wind tunnel testing, that altering the passage of air into and out of cars' driver's compartments could create a gain in overall downforce of more than 150 pounds.

One owner said his team made the discovery when, in the wind tunnel, his car gained more than 100 pounds of downforce without making a change; until they discovered in the process of blowing air across the car, its shifter boot cover had been sucked loose, creating a hole through the bottom of the car.

Commission chairman George Silbermann, NASCAR's director of administration, was part of each of the five three-person committees. In each case, he and a different pair of Commission members, drawn from the pool of 32 total commissioners, heard the cases.

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David Stremme completed only 17 laps for Rusty Wallace at Daytona before engine failure.

Wallace's appeal was heard on March 3 by Commission members Silbermann, David Hall and Russell Hackett, and his entire penalty was rescinded.

On Friday, Wallace said his car was "flagged" in inspection because one corner of the lid, which wasn't held with a bolt, had folded up about a quarter-inch to a point where two other bolts still sealed the top of the enclosure.

"When we saw all the photography, and looked at the rule book and took it to [the Commission]," Wallace said. "It was real obvious our team never had anything intentionally bent up or anything that would increase the performance of the car.

"All six bolts in our lid were securely bolted down. We can't control the quality of the design of a lid [that allowed one corner to fold back]. Everyone else whose they questioned, the lids were not bolted down, they were left loose intentionally and they were lifting up -- but ours was not.

"Our case was totally different than all of [the others]."

After reviewing the testimony and evidence presented during the hearing, the Commission determined that "the cover appeared to be fastened. All bolts appeared to be fully engaged. The slight deflection at one corner of the cover which gave rise to the penalty was arguable, given the overall design of the oil tank reservoir encasement."

Wallace said the fact that his team doesn't really know how the corner of the lid bent is indicative of the forces at work inside and outside a high-speed racecar, which teams might try to illegally manipulate.

"We don't know [how it bent]," Wallace said. "We think that maybe all the extreme pressure under the car could've pressed on it and made it [bend]. But still, there's no rule -- the rule says it has to be bolted down, and on mine all six corners were bolted down, firmly.

"I don't cheat. The guy who taught me about this -- [multiple team owner] Roger Penske -- has got 41,000 people and said 'I can't tolerate any cheaters whatsoever' -- and I've said the same thing."

Even more than that, Wallace said he was unaware of any advantage that could be derived from what he was accused of.

"What we got accused of, I said, quote: 'You got to be [expletive] me!' When I looked at it, I said 'Oh man, that's nothing.' I wasn't concerned and didn't have to prepare [for the appeal]. I just took the cover and showed it to 'em and they got it."

Wallace's driver David Stremme got his points back, which moved him into a tie for 10th heading into Saturday's Nicorette 300 at AMS. Ironically, exonerated crew chief Steve Darne was released from his position following Speedweeks.

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Johnny Sauter finished 13th at Daytona in the No. 1 for owner James Finch.

Phoenix Racing owner James Finch's appeal was heard on March 4 by Commission members Silbermann, Jack Housby and Cathy Rice. Crew chief Newt Moore's suspension was reduced by four races and his fine was transferred to Finch.

Phoenix argued that "the infractions were minor, did not constitute a performance advantage and did not warrant the penalties assessed." The Commission countered by stating "the stepped, two-part encasement cover was missing a bolt in the top cover section, as well as being loose along the perimeter of the bottom cover section."

The fine was transferred and Moore's suspension reduced due to "very unusual circumstances regarding the crew chief," according to the Commission.

"Jon [Wolfe] went through all the testing and everything [as crew chief], during the winter," Phoenix general manager Marc Reno said. "Newt essentially showed up at the racetrack -- he never even saw the car before he got there."

With Moore subsequently leaving the team, Reno said he's also assumed the position of crew chief for driver Johnny Sauter's No. 1 Chevrolets.

In what was a unique chain of events, the circumstances surrounding the Phoenix team's penalty and appeal were another shade altogether.

Wolfe was Sauter's crew chief when the car was prepared for Speedweeks, but by the time the team traveled to Daytona International Speedway, Moore had replaced Wolfe as chief mechanic.

"Nobody wants to be penalized," Reno said on Friday in Atlanta. "But I'll be honest with you -- both crew chiefs that were involved in that deal steadfastly stated it was an inadvertent deal.

"But if I was on a jury and I looked at the evidence, it's hard for me to even believe it [wasn't intentional]. I don't think I could have found any different than NASCAR did.

"Now, the severity of this penalty was something that I probably think was a little stiff for a [Nationwide] team. They took some of the suspension away from Newt, which was fair, I think."

Reno said Finch would have paid Moore's fine, even if the pair had not parted company.

"We just decided to make a change, and we don't have a lot to say about that," Reno said of stepping back into the crew chief's role. "We're going to try to do it ourselves a little bit and get back to basics, so I'll run the car for a while.

"I think we've got capable help, there -- and it seemed like we were on our way backwards instead of forward, and we're going to try to work our way forward."

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Cale Gale finished 23rd at Daytona in Kevin Harvick Inc.'s No. 77.

The penalty process was a small step backwards. Reno said it started when NASCAR inspectors discovered an irregularity in KHI's No. 77 Chevrolet, which was fifth in the Daytona qualifying order.

"The 77 car, [NASCAR] saw their deal first and then they went to look at everybody else's car," Reno said. "Our car was missing a bolt in the lid that the engine guy had stripped-out, putting oil in when we first got there.

"Well, they should have fixed it, but they didn't think it was a big deal, so they didn't fix it, but it red-flagged NASCAR when they walked by the car. So they looked farther into it [and] when they got done investigating our lid, there was more done to it than that one bolt.

"If that bolt would have been in there, they would have walked by our car and we would have been fine. They saw the bolt out, looked farther and found some issues, so if I was on the jury I would have sided with NASCAR.

"But I think the severity of what they fine the [Nationwide] Series is too much. I just don't know that these owners can take too much more."

KHI team manager Rick Carelli said his team decided not to appeal, but crew chief Charlie Wilson, who since Speedweeks has left the organization to become competition director of Bobby Hamilton Racing-Virginia's two-truck effort in the Craftsman Truck Series, independently decided to appeal his penalties.

Wilson's appeal was also heard on March 4 by Commission members Silbermann, Leo Mehl and Kevin Whitaker; his fine was reduced to $5,000 and his suspension was cut by two races.

Carelli said appealing the problems with their car, which is only scheduled to make a limited number of starts this season with drivers Cale Gale and Ron Hornaday although it ran a full schedule last season, were moot. The 77 car, driven by Gale at Daytona, also had a bolt missing from the oil tank enclosure lid.

"It was against the rules, so we never contested it," Carelli said. "It was probably an oversight -- somebody didn't tighten it, a stupid mistake -- but it was all us."

Wilson walked away from the appeal satisfied with the outcome and pleased with the process.

"[The team] decided not to appeal, so I appealed it on my own, and the outcome was obviously in my favor," Wilson said. "The whole process of appeal was awesome, [the Commission] were very thorough in their questioning, listened to what I had to say and then made their decision based on that."

"My situation was a little bit different than the other teams' and without going into a lot of detail [the Commission] understood where I was coming from. They took it to heart and came up with their decision after everything was heard."

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David Gilliland crashed out at Daytona after 53 laps, finishing 40th.

The Richardson-Haas Motorsports team is in a somewhat unique position given that the current ownership purchased the 2007 owner points accrued last season by Carl Haas, who remains the No. 14 Ford's listed owner.

The team, which has only entered the season's first two races, hooked up with crew chief Robert "Shorty" Edwards on the eve of Speedweeks, which Reno likened to his team's situation with Moore.

When the team's appeal was heard on March 4 by Commission members Silbermann, Buddy Baker and Lyn St. James; the penalties were upheld, but the complete fine was transferred to the car owner, with the Commission indicating it be paid by "majority owner Donnie Richardson."

Richardson-Haas argued that "the infractions were inadvertent and due to inadequate preparation time." But the Commission found the "installation of the cover appeared to readily allow air from the underside of the reserve oil tank encasement to pass into the cockpit, as evidenced by the significant bowing of the cover following qualifying."

JD Motorsports owner Johnny Davis' appeal was heard on March 5 by Commission members Silbermann, Dale Pinilis and Jo Dewitt Wilson; with the Commission unanimously voting to uphold NASCAR's penalty to the owner who has entered two Nationwide cars in each of the season's first four events.

JD Motorsports argued that the missing bolt at the corner of the cover "was inadvertent, that it did not constitute a performance advantage, that the penalties were too severe for the infraction and that the disallowance of their qualifying time at Daytona should factor into the subsequent penalties."

Driver Kertus Davis, the owner's son, had made the race on his qualifying speed, but since neither JD car was in the top 30 of the owner standings last season, only one of their cars made the season opener when Davis' time was disallowed.

In its decision, the Commission ruled "the movement of the cover resulting from the missing bolt was evident," so crew chief Gene Allnutt would have to serve his entire suspension.