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April 18, 2023

Final Appeals Officer amends penalties against Kaulig Racing at NASCAR’s request


The Final Appeals Officer ruled Tuesday to amend the L2-level penalties issued to Kaulig Racing for unapproved parts modifications entering the March 12 weekend at Phoenix Raceway, but rescinded the points deductions at NASCAR’s request.

The decision states that “the Appellant violated the Rule(s) set forth in the Penalty Notice,” upholding the fine of $100,000 issued to the No. 31 NASCAR Cup Series team of driver Justin Haley but removing the loss of 100 championship driver points and 10 Playoff points initially issued to Haley. The four-race suspension levied to crew chief Trent Owens remains, however.

The Final Appeals Officer for this meeting was Bill Mullis.

“In the interest of fairness, NASCAR has requested that I remove the driver/owner race and playoff points from the penalty to Kaulig Racing,” said Mullis. “I have agreed to this request, per the Rule Book. During its opening remarks, NASCAR stated it believes that the violations did occur, the penalties were appropriate and the three-person appeals panel ruled correctly. But, because the Kaulig infraction closely mirrored that of Hendrick Motorsports (modified louver at Phoenix Raceway), NASCAR requested I rule in the same manner as the three-person appeals panel following the Hendrick Motorsports appeal on March 29. The information I heard in the room this morning created an overwhelming and unique circumstance. In fairness to the team and sanctioning body, as NASCAR documented in its remarks, this request is fully in the interest of fairness and consistency, and I agree.”

NASCAR released a statement following the ruling.

“NASCAR believes that Kaulig Racing committed the violations documented in the penalty notice, that the penalties were appropriate and that the three-person appeals panel ruled correctly when hearing the Kaulig appeal on April 5. However, in the interest of treating all competitors fairly, NASCAR today requested that the Final Appeals Officer remove the race and playoff points from the penalty. The Kaulig and Hendrick Motorsports violations involved the same modified part found during the same race weekend (modified louver at Phoenix Raceway), and with fairness and consistency top of mind, NASCAR requested that the FAO match the final Hendrick Motorsports penalty. NASCAR believes that the updates made to the Rule Book will address similar issues in the future and keep its promise to the owners for strict penalties when single-source parts are modified. We are pleased with the swift resolution to today’s appeal, appreciate Bill Mullis’ ruling and now look forward to this weekend’s events at Talladega Superspeedway.”

Kaulig Racing also reacted to the decision, publishing a statement Tuesday afternoon.

“Kaulig Racing is pleased with the ruling of the Final Appeals Officer to amend the original L2 penalty issued by NASCAR following the confiscation of a louver at Phoenix Raceway. Regarding these unique circumstances, it means the world to us as an organization that the sanctioning body is working hard to ensure fairness and consistency across the board within our sport. We are focused ahead on Talladega and look forward to getting our season back on track with Justin Haley.”

MORE: Full Talladega schedule

While NASCAR discovered the hood louvers from all four Hendrick cars before practice on March 10 at Phoenix, Kaulig Racing’s louvers were discovered during pre-qualifying inspection on March 11. NASCAR officials confiscated the parts from all five vehicles and took them back to the R&D Center in Concord, North Carolina, for further examination. The team used an unmodified louver in the March 12 race, in which Haley finished 27th.

The hood louvers — which you can see on this Next Gen 3D model — are openings or vents in the hood that serve as a release point for ducts that transfer air out of the radiator. The system is intended to decouple engine performance from aero performance, offsetting the practice of teams taping off air intakes and placing undue pressure and heat strain on the car’s engine.

In the initial penalty report, the following sections of the 2023 NASCAR Rule Book were cited: Sections 10.5.1.A Guiding Principles Relative to Penalties; 14.1 C&D&Q Overall Assembled Vehicle Rules; 14.5.4.2.A Radiator Duct.

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