NASCAR has changed its rules to avoid a repeat of what happened when Hendrick Motorsports was able to get its points penalty rescinded last week.
After NASCAR penalized each of Hendrick's four cars 100 regular-season points and 10 playoff points, fined the teams and suspended each of the cars' four crew chiefs for violations found at Phoenix Raceway, an appeals panelAt the time, the appeals panel was clearly within its rights to make that ruling based on the wording in the NASCAR rule book.
According to the new wording in the NASCAR rule book, “if a penalty is modified, it may be increased or decreased within the minimum and maximum penalty ranges prescribed for the violation level.” The rule book previously said that penalty adjustments could be made “in the appeals panel’s sole discretion” as long as that adjustment didn’t conflict with NASCAR rules.
The wording means appeal panels can still overturn NASCAR penalties if they believe the accusations have no merit. But they must keep all facets of a penalty in place if they believe a penalty is warranted; the appeal panel could have reduced Hendrick's points penalty if the new rules were in place a week ago but would have been unable to wipe it away.
After the appeal panel’s decision a week ago, NASCAR said it was “pleased” that the panel “agreed that Hendrick Motorsports violated the rule book” but that it was disappointed the entire penalty wasn’t upheld. It also argued that the ability to assess a points penalty is “a strong deterrent that is necessary to govern the garage following rule book violations.”
Hendrick can still hope to use the old loophole if it appeals the Richmond penalties, however. Since NASCAR updated its rule book after the Richmond race — where the infractions took place — Hendrick’s second penalty in less than a month is subject to the same appeal panel rules. That means it’s possible, even if it’s unlikely, that a different appeal panel will also find that Hendrick violated the NASCAR rule book but remove the points penalty entirely.
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