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Commission Amends Phoenix Racing Penalties

On March 4, 2008, the National Stock Car Racing Commission heard and considered the appeal of Phoenix Racing regarding the #1 car. The appeal concerned three penalties issued by NASCAR following post-qualifying inspection on February 15, 2008 for the NASCAR Nationwide Series event at Daytona International Speedway.

The infractions concerned 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 20A-8.4C: “The oil reservoir tank cover was not fastened securely.”

The penalties assessed were:

  • Loss of 25 NASCAR Nationwide Series Championship Car Owner Points for car owner James Finch.
  • Loss of 25 NASCAR Nationwide Series Championship Driver Points for driver Johnny Sauter.
  • $15,000.00 fine; suspension from NASCAR for the next six (6) NASCAR Nationwide Series Championship Events; suspension from NASCAR until April 9, 2008 (not including testing), and probation until December 31, 2008 for crew chief Newt Moore.

    The Appellants argued that the infractions were minor, did not constitute a performance advantage, and did not warrant the penalties assessed.

    In deliberating, the Commission considered several factors including Section 20A-2.1L concerning the passage of air into or out of the car. In this case, the stepped, 2-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 Commission also decided that there were very unusual circumstances regarding the crew chief in this case.

    Therefore, by a majority vote, it is the decision of the National Stock Car Racing Commission to amend two of the three original penalties issued by NASCAR as follows:

  • Loss of 25 NASCAR Nationwide Series Championship Car Owner Points and a $15,000.00 fine for car owner James Finch.
  • Loss of 25 NASCAR Nationwide Series Championship Driver Points for driver Johnny Sauter.
  • Suspension from NASCAR for the next two (2) weeks and probation until December 31, 2008 for crew chief Newt Moore.

    The Appellants have the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Commissioner.

    Jack Housby
    Cathy Rice
    George Silbermann, Chairman


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