On August 26, 2011, the National Stock Car Racing Appeals Panel heard and considered the appeal of the No. 23 Joe Denette Motorsports NASCAR Camping World Truck Series team.
The penalties concern Section 12-1 of the NASCAR Rule Book “Actions detrimental to stock car racing.”; Section 12-4-J: “Any determination by NASCAR Officials that the Race Equipment used in the Event does not conform to NASCAR rules;” and Section 20B-16.3F: “Fuel cell container installation; Unapproved fuel cell top rack location, top rack was not secure to top of the fuel cell container” and;
Section 12-4-K: If, in the judgment of NASCAR Officials, Race Equipment that has been previously certified or previously approved and/or sealed by NASCAR for use in an Event; Section 20B-16.2B: Fuel cell container; Unapproved modification to the certified fuel cell container; container exceeded outside dimensions.”
This stemmed from an opening day inspection for the NASCAR Camping World Truck Series at Lucas Oil Raceway at Indianapolis on July 29, 2011.
The original penalties assessed were:
– $2,500 fine;
– Suspended from the next four (4) NASCAR Camping World Truck Series events;
– Suspended from NASCAR until September 7, 2011;
– Placed on NASCAR probation until December 31, 2011.
The Appellant requested and was granted a deferral of the fine and suspension until such time as this hearing could be convened.
The Appellant acknowledged the fuel cell container did not visually appear to have the proper configuration required per the 2011 Rule Book. The Appellant contested the severity and consistency of the fine for the infractions related to the penalties.
Upon hearing the testimony and carefully reviewing the facts, the unanimous decision of the National Stock Car Racing Appeals Panel was to uphold the original penalties assessed by NASCAR.
The Appellants have the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Chief Appellate Officer.
Clay Campbell
Robert Yates
Humpy Wheeler
Ed Bennett – Appellate Administrator and non-voting member