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EMS will not appeal 4-race suspension, may appeal #10, #19 penalties: Team owner Ray Evernham said he won't appeal the four-race suspension to #9 team director Kenny Francis but is still mulling over whether to appeal the two-race suspensions of #19 team director Josh Browne and #10 team director Rodney Childers. Francis, the crew chief for Kasey Kahne, had his car fail post-qualifying inspection Sunday after tape came off holes in the oil tank and the right rear wheelhouse, where a hose would run during race conditions. Francis also was fined $50,000, and the team and driver were docked 50 points. Kahne also will have to start his 150-mile qualifying race for Sunday's Daytona 500 from the rear of the field. Evernham said that one layer of tape had been slit but another had not. He said the tape was found inside the car. He said no extra holes were drilled in the car. Browne and Childers, the team directors for Elliott Sadler and Scott Riggs, were found to have illegal bolts in their spoiler fasteners prior to qualifying Sunday. They were also fined $25,000, and the team and drivers were docked 25 points. Evernham said those bolts were used in all restrictor-plate races last year and questioned whether it was right for NASCAR to penalize a team for an infraction where the part is presented for inspection prior to an event and found illegal. "I don't know how you find out if something is legal or not until you present it for inspection," Evernham said. "Those parts were used in 2006. The deck lid is sealed up so they cannot be an aerodynamic device. We lighten several bolts on our car." The car owner said he is now "scared to death" wondering if parts that had been raced will be deemed illegal in pre-qualifying inspection and the team will be docked points in the future. "I'm going to be best friends with [NASCAR's] John Darby and Robin Pemberton because I will be at their doorstep, and I will ask every nut, bolt and washer: Is this legal or not legal?" Evernham said. Evernham said he was still deciding exactly how his teams would be organized and who would be interim team directors. He said the teams will use the 150-mile qualifying races as a test to see who will work well in what role.(in part from SceneDaily.com)(2-14-2007)
#9 Team Penalties Upheld by Commission: On March 5, 2007, the National Stock Car Racing Commission heard and considered the appeal of Evernham Motorsports regarding the #9 car. The appeal concerned three penalties issued by NASCAR following post-qualifying inspection on February 11, 2007 for the NASCAR Nextel Cup 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 20-2.1E “Unapproved aerodynamic modification.” The penalties assessed were:
Loss of 50 NASCAR Nextel Cup Series Championship Car Owner Points for car owner Ray Evernham.
Loss of 50 NASCAR Nextel Cup Series Championship Driver Points for driver Kasey Kahne.
$50,000.00 fine; suspension from NASCAR for the next four (4) NASCAR Nextel Cup Series Championship Events; suspension from NASCAR until March 21, 2007 (not including testing) for crew chief Ken Francis. The Appellants did not contest the legality of the violations, nor appeal the fine or suspensions, but appealed the severity of the point penalties. The Appellants presented an argument that lesser penalties had been previously issued to other teams for more egregious violations, and that the magnitude of this penalty ranked amongst the largest for comparable violations. In deciding the Appeal, the Commission considered several factors:
Evernham Motorsports does not have a history of multiple rules violations.
These infractions were premeditated and intentional. They constituted serious violations In the judgment of the Commission, the penalties assessed are severe by the standards of a year or more ago. However, Commission members were advised that NASCAR executives had announced to contestants at a driver briefing in mid-2006 that the previous “benchmark” penalty standards for many serious violations would likely be increased going forward. Subsequent to that, two 50-point penalties were assessed during the 2006 season. Therefore, by a majority vote, it is the decision of the National Stock Car Racing Commission 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 Commissioner.(NASCAR PR)(3-5-2007)
#17 Team Penalties Upheld by Commission: On March 5, 2007, the National Stock Car Racing Commission heard and considered the appeal of Roush Fenway Racing regarding the No. 17 car. The appeal concerned three penalties issued by NASCAR following post-qualifying inspection on February 11, 2007 for the NASCAR Nextel Cup 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 20-2.1E “Unapproved aerodynamic modification.” The penalties assessed were:
Loss of 50 NASCAR Nextel Cup Series Championship Car Owner Points for car owner Jack Roush.
Loss of 50 NASCAR Nextel Cup Series Championship Driver Points for driver Matt Kenseth.
$50,000.00 fine; suspension from NASCAR for the next four (4) NASCAR Nextel Cup Series Championship Events; suspension from NASCAR until March 21, 2007 (not including testing) for crew chief Robbie Reiser. The Appellants did not contest the legality of the violations, nor appeal the suspensions, but appealed the severity of the fine and the points penalties. The Appellants presented an argument that a “ratcheting up” of penalties was not warranted in light of the recent record of penalties, and that lesser penalties had been previously issued to other teams for more egregious violations. In deciding the Appeal, the Commission considered several factors:
Roush Fenway Racing does not have a history of multiple rules violations.
These infractions were premeditated and intentional. They constituted serious violations. In the judgment of the Commission, the penalties assessed are severe by the standards of a year or more ago. However, Commission members were advised that NASCAR executives had announced to contestants at a driver briefing in mid-2006 that the previous “benchmark” penalty standards for many serious violations would likely be increased going forward. Subsequent to that, two 50-point penalties were assessed during the 2006 season. Therefore, by a majority vote, it is the decision of the National Stock Car Racing Commission 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 Commissioner.(NASCAR PR)(3-5-2007)