NASCAR's appeals board yesterday rejected arguments by Dale Earnhardt Inc., over a body-template violation at Daytona earlier this month and upheld its penalties -- the loss of 150 points for car owner Teresa Earnhardt, the loss of 150 points for driver Martin Truex Jr., a $100,000 fine, a six-race suspension for crew chief Kevin Manion, and a six-race suspension for crewman Gary Putnam.
The sanctioning body said that the penalties "concern Section 12-4-A of the NASCAR Rule Book ‘Actions detrimental to stock car racing;' 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,' and Section 20-3.8A: ‘Roof of the car does not conform to the specifications of the NASCAR Rule Book.'"
The penalties had been deferred until this hearing in front of a three-man board of standing chairman George Silbermann, track promoter Russell Hackett and Jack Housby, who runs Housby Trucking, a longtime NASCAR sponsor. Silbermann is also NASCAR's managing director of racing operations.
NASCAR, in its statement, said "The Appellants did not contest the rules violations, but argued that the penalties were too severe for the infractions. The Appellants explained that rigorous checks and balances in the fabrication process were in place at DEI and could offer no explanation as to why the roof failed to meet the inspection templates. They argued that the infractions were minor in nature, not deliberate, and that the resulting lowered roof was a disadvantage according to their wind tunnel findings.
"The Commission found that the infractions were clear-cut. The roof was low across a broad area. Accordingly, the penalties that were issued are warranted.
"Therefore it is the unanimous decision of the National Stock Car Racing Commission to uphold the original penalties assessed by NASCAR."
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