On November 9, 2010, the National Stock Car Racing Appeals Panel heard and considered the appeal of the #46 Whitney Racing NASCAR Sprint Cup 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 20-2.3A: “Unapproved added weight location and unapproved added weight. Lower A-frames were filled with weight pellets.”
This stemmed from opening day inspection for a NASCAR Sprint Cup Series event at Talladega Superspeedway on October 29, 2010.
The penalties assessed were:
- Loss of 50 NASCAR Sprint Cup Series Championship Car Owner points for owner, Dusty Whitney
- Loss of 50 NASCAR Sprint Cup Series Championship Driver points for driver, Michael McDowell
- $50,000 fine and indefinite suspension from NASCAR for crew chief, Thomas Tucker
- Indefinite suspension from NASCAR for crew member, Tony Furr
- Indefinite suspension from NASCAR for crew member, Richard Boga
The Appellants requested and were granted a deferral of the suspensions and fine until such time as this hearing could be convened.
The Appellants acknowledged the part was clearly illegal. The Appellants contested the severity of the penalties.
The Panel found that the penalties were consistent for infractions of this magnitude.
Therefore, it is the unanimous decision of the National Stock Car Racing Appeals Panel to uphold the original penalties.
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.
Russell Hackett
Dale Pinilis
Robert Yates
George Silbermann - Appellate Administrator and non-voting member
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