NASCAR
has announced changes to its penalty structure and appeals process, beginning
this season. In addition to these changes, NASCAR also announced the
appointment of a Final Appeals Officer for the sport.
“NASCAR’s
Deterrence System is designed to help maintain the integrity and competitive
balance of our sport while sending a clear message that rules violations will
not be tolerated,” said Steve O’Donnell, NASCAR executive vice president of
racing operations. “This is a more transparent and effective model that
specifically spells out that ‘X’ infraction equals ‘X’ penalty for technical
infractions.
“At
the same time, we believe the Appeals process allows a fair opportunity for our
NASCAR Members to be heard, and have penalty disputes resolved by an impartial,
relevant group of people with the ability to handle the complexities inherent
in any appeal. This system has been tailored specifically to fit the needs of
our sport.”
Bryan
Moss, former president at Gulfstream Aerospace, has been selected as the Final
Appeals Officer. Moss will hear matters on appeal from the lower three-member
Appeals Panel, and serve as the last decision on penalty disputes for the
sport. According to Forbes.com, Moss served as President Emeritus of Gulfstream Aerospace
from April 2007 until his retirement in March 2008, and previously served for
four years as President of Gulfstream Aerospace and Executive Vice President,
Aerospace Group, General Dynamics Corporation. He has served on the U.S.-Japan
Business Council, the U.S.-China Business Council, and the
U.S.-Hong Kong Business Council. He is also a past member of the Georgia Tech
Advisory Board and the Savannah College of Art and Design Board of Visitors. He
has been the Chairman of Business Aircraft Investments at Guggenheim Partners
since June 2011.
NASCAR’s
new Deterrence System specifically lays out exactly what disciplinary action
will be taken, depending on the type of technical infraction listed; from
warnings to six penalty levels in ascending order.
The
system begins with warnings (W) issued for minor infractions, and continues
through six levels, from P1 (least significant) to P6 (most significant).
Lower P levels list penalty options from which NASCAR may
select (fines or points) while higher P levels are an all-inclusive
combination of multiple penalty elements (points and fine and
suspension, etc.).
At the highest three levels of the system, if a rules
infraction is discovered in post-race inspection, one or more additional
penalty elements are added on top of the standard prescribed penalty.
Repeat offenses by the same car are addressed via a
“recurrence multiplier,” i.e. if a P4 penalty was received and a second P4 or
higher infraction occurs in the same season, the subsequent penalty increases
50% above the normal standard.
Suspensions are explained in greater detail under the new
system, with behavioral infractions still handled on case-by-case basis not involving
the W, P1-P6 structure.
The
2014 Rule Book will explain how and why NASCAR issues penalties, as well as the
factors considered when determining a penalty. The Rule Book also will detail
the types of infractions that fall within each level by citing examples that
are included but not limited to:
·
Warnings issued instead of penalties for
certain types of minor, first-time infractions.
- · P1 penalties may result from multiple warnings to the same team.
- · P2 penalties may include (but are not limited to) violations such as hollow components, expiration of certain safety certification or improper installation of a safety feature, or minor bracket and fasteners violations.
- · P3 penalty options may include (but are not limited to) violations such as unauthorized parts, measurement failures, parts that fail their intended use, or coil spring violation.
- · P4 level infractions may include (but are not limited to) violations such as devices that circumvent NASCAR templates and measuring equipment, or unapproved added weight.
- · P5 level may include (but are not limited to) violations such as combustion-enhancing additives in the oil, oil filter, air filter element or devices, systems, omissions, etc., that affect the normal airflow over the body.
- · P6 level may include (but are not limited to) violations such as affecting the internal workings and performance of the engine, modifying the pre-certified chassis, traction control or affecting EFI or the ECU.
NASCAR’s new appeals process continues to provide two
tiers for resolving disputes. On the first level --before a three-member
Appeals Panel -- NASCAR has the burden of showing that a penalty violation has
occurred. On the second and final level, only a NASCAR Member is allowed to
appeal and they have the burden of showing the Final Appeals Officer that the
panel decision was incorrect.
Changes to the previous appeals process include:
- · Clearly identifying the procedural rights of NASCAR Members.
- · Detailing responsibilities of parties throughout the process.
- · Allowing parties the option to submit summaries on issues before the Appeals Panel.
- · Allowing NASCAR Members named in the penalty to be present during the entire hearing.
- · Appeals Administrator is not allowed to be present during panel deliberations.
- · Creating a clear Expedited Appeals Procedure, when necessary.
- · Changing the name of the Appeals Panel to The National Motorsports Appeals Panel.
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