On July 25, 2006, the National Stock Car Racing Commission heard and considered the appeal of Richard Childress Racing regarding the #21 Busch car. The appeal concerned three penalties issued by NASCAR following post-qualifying inspection on June 30, 2006 for the Busch Series event at Daytona. The penalties assessed were: Loss of 50 NASCAR Busch Series Championship Car Owner Points for car owner Richard Childress, Loss of 50 NASCAR Busch Series Championship Driver Points for driver Kevin Harvick, $15,000.00 fine, suspension from the next six Busch Series Events; suspension from NASCAR until August 16, 2006, and probation continuing until December 31, 2006 for crew chief Shane Wilson. The Appellants did not request a deferral of the suspension pending the Appeal hearing. The Appellants did not contest the infractions, but appealed the severity of the penalties, primarily arguing that penalties of 25 points with fine and suspension, or a fine and suspension only, had been more typically assessed by NASCAR in recent times for infractions of this type. In deciding the Appeal, the Commission considered several factors. The infractions were intentional and premeditated. The crew chief was already on probation, and the car owner and driver had each been penalized 25 championship points earlier in the season, for a different rules violation of an aerodynamic nature (car too low). The Commission notes that penalties are not predetermined, but are based on the nature, extent and circumstances of specific violations. Similarly, if NASCAR determines that the general range or relative levels of penalties are no longer having the desired effect as a deterrent, infractions are proliferating, and/or a team has had multiple violations, then NASCAR can and should adjust penalty levels accordingly. It is the unanimous decision of the National Stock Car Racing Commission to uphold the original penalties assessed by NASCAR.(NASCAR PR)(7-26-2006)
