Over the last week, two different three-member National Motorsport Appeals Panels found that four Hendrick Motorsports Cup teams and one from Kaulig Racing had made unapproved modifications to a single-source part (hood louvers).
However, one panel rescinded the points penalties entirely for the Hendrick teams while the other panel made only a modest reduction for Kaulig although both were found to have committed the same violation.
In order avoid future conflicting results, NASCAR issued some revisions to its appeals process outlined in its series’ rulebooks.
The biggest change is as follows: “The Appeals Panel (and Final Appeal Officer) may not completely remove any element of the originally assessed penalty provided in the Penalty Notice as defined in Rule Book Section 10.5.2 Determination of Penalties; modifications to a penalty are limited to the minimum and maximum ranges as listed in the Rule Book.”
In other words, if an appeals panel (or the Final Appeals Officer) finds a team committed the infraction charged, it can no longer eliminate any part of the penalty, it can only modify it between the minimum and maximum penalty ranges.
William Byron, Hendrick Motorsports, RaptorTough.com Chevrolet Camaro, Kyle Larson, Hendrick Motorsports, HendrickCars.com Chevrolet Camaro
Photo by: Matthew T. Thacker / NKP / Motorsport Images
In the case of Hendrick Motorsports, the four teams would still have had points penalties, but the amount could have been reduced, much like what took place in the Kaulig appeal.
An appeals panel or the Final Appeals Officer can still find a team did not commit the infraction charged and then overturn the entirety of the penalty or penalties.
In addition, NASCAR now has the right to publish the justification given by an appeals panel or Final Appeals Officer for modifying or rescinding any penalty.
Section 11.29.A was modified to read: “NASCAR shall have the right to publish any decision of the Appeals Panel/FAO, including without limitation, the names of the parties involved and the Appeals Panel/FAO justification for modifying or rescinding a Penalty.”
Until today, only the decision was published by a panel or the Final Appeals Officer, no reason or reasons are listed for the action that is taken.
The changes issued Thursday – and which take effective immediately – have been under discussion for some time but took on a greater importance as a result of the conflicting rulings over the past week, sources told Motorsport.com.