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September 3, 2008
NASCAR issues statement on Gibbs Racing
appeal for Stewart and Logano
By Craig Miller, USA Basketball
On September 3, 2008, the National Stock
Car Racing Commission heard and considered the appeal of
Joe Gibbs Racing. The appeal concerned two penalties issued
by NASCAR to drivers Tony Stewart and Joey Logano.
Briefly, the penalties concern Section
12-4-A of the NASCAR Rule Book “Actions detrimental to stock
car racing,” Section 8-9 Competitive Analysis – From time
to time, NASCAR may determine, in the interest of competition
that it is necessary or appropriate to undertake an analysis
of the performance capabilities of a car, car part, component
or equipment. The Competitor shall take whatever steps are
requested by NASCAR Officials for this purpose. NASCAR also
has the right to seal or impound cars, car parts, components
and/or equipment for this purpose. NASCAR is not responsible
for payment, reimbursement, damage or loss to the Competitor
as a result of such analysis, sealing or impounding,” Section
12-4-Q (1) “Any determination by NASCAR Officials that a
car, car component, engine, engine component, or any other
part or related equipment used in the Event does not conform
to NASCAR Rules, detailed in Section 20A of the Rule Book,
or has not been approved by NASCAR prior to the Event, or
is not required for the normal functional operation of the
race car, or has been altered to detract from or compromise
its integrity or effectiveness, whether operational or not,”
and Section 12-4-K “When NASCAR Officials mandate inspection
during the Event, if any car, car parts, components, and/or
equipment which have been used in the Event are taken from
the racing premises without permission of a NASCAR Official,
or are tampered with by any member of the team or anyone
associated with the team: Magnetic spacer attached under
the gas pedal with the intent of compromising the chassis
dyno test.”
This stemmed from post-race inspection
for a NASCAR Nationwide Series Event held at Michigan International
Speedway on August 16, 2008.
The penalties assessed against each driver
were:
-a loss of 150 NASCAR Nationwide Series
Championship Driver points, and probation until Dec 31,
2008.
Records indicate that others, including
the car owners, crew chiefs and team members also received
penalties for these same infractions. However, the Appellants
specifically requested that the Commission review the probation
portion of the driver penalties only. The Appellants also
requested and were granted a deferral of the driver probation
portions of the penalties until this hearing could be convened.
After reviewing the testimony presented
during the hearing, the National Stock Car Racing Commission
unanimously decided to amend the penalties assessed by NASCAR,
removing the probation portions of both driver penalties,
while leaving the Championship Driver points portions intact.
Buddy Baker
Jim Williams
George Silbermann, Chairman
---NASCAR---
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