The National Stock Car Racing Commission has not only rejected the appeal of car owner James Finch for an illegal carburetor found during post-race inspection at Texas, they slapped on an additional $25,000 fine. NASCAR had disqualified the #1 Dodge from the Busch Series race costing the team 125-points for finishing 14th and $28,000 in prize money. Also, Crew Chief Joe Shear Jr. was suspended until May 18th.
Commenting on the decision, Finch told PRNs Fast Talk with Benny Parsons radio show Monday night; “Its pretty consistent with me. The last time I appealed one it was several years ago and it was a $5,000 fine and when it was over they made it 10.”
Finchs main bone of contention is that NASCAR hands down the penalties AND hears appeals. “The racing is great, it always has been, Im just saying that they need to give up part of the sport and let somebody else referee the rules. If they want to do this right, get an independent commission to make an independent hearing and make the ruling. Its kind of like having a highway patrolman pull you over and tell you youre speeding and you say…I dont believe I am…and he says yes you are…and you say okay, I dont believe you but Im gonna sign the ticket. Then 30 minutes later you go to the courthouse and hes the judge. In the rule books its all minimum fines…they dont have any maximum fines. In the NFL its five yards off sides for everybody every time. In NASCAR its according to who you are. In baseball its three strikes youre out…NASCAR its according to whos swingin…just let em keep swingin.”(PRNs Fast Talk with Benny Parsons)(4-25-2005)
UPDATE – NASCAR’s Announcement: On April 25, 2005, the National Stock Car Racing Commission heard and considered the Appeal of James Finch, Johnny Sauter and Joel Shear concerning three penalties assessed by NASCAR relative to the #1 car following the NASCAR Busch Series event at Texas Motor Speedway on April 16, 2005. The infractions concerned Section 12-4-A of the NASCAR Rule Book Actions detrimental to stock car racing and 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: unapproved carburetor.
The penalties assessed were:
Disqualification for car owner James Finch.
Disqualification for driver Johnny Sauer.
Suspension from NASCAR until May 18, 2005, suspension from the next four (4) NASCAR Busch Series races, and probation until December 31, 2005 for crew chief Joel Shear.
The Appellants contented that the carburetor had been previously presented to and approved by NASCAR Officials. The Appellants also contested the severity of the penalty.
In considering the appeal, the Commission noted the following:
The modifications to the carburetor represented an unequivocal and substantial violation of the rules. The onus is on the entrant to present a car that is legal at all times. The onus is not on NASCAR to detect every rules violation at every inspection. Parts or equipment on the racecar are not deemed to have been authorized or approved by reason of having passed through inspection at any time or any number of times unobserved or undetected.
Given the blatant nature of the infraction, it is the unanimous decision of the National Stock Car Racing Commission to:
Uphold the original penalty against driver Johnny Sauter.
Uphold the original penalty against crew chief Joel Shear.
Increase the penalty against car owner James Finch to: Disqualification and a $25,000.00 fine.
The Appellants have the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Commissioner.(NASCAR PR)(4-26-2005)
