Burt Myers' Penalties at
Martinsville Stand
NASCAR Stock Car Racing Commission Statement:
On October 1, 2008, the National Stock Car Racing Commission
heard and considered an appeal regarding three penalties issued
by NASCAR to the No. 1 car following post-race inspection on
September 20, 2008 for the NASCAR Whelen Southern Modified Tour
event at Martinsville Speedway.
Briefly, the penalties concern Section 12-4-A of the NASCAR
Rule Book “Actions detrimental to stock car racing.”; Section
12-4-Q (1): “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 20D-6.1.1B. “Ignition
system wires must be continuous from the start connector to the
end connector. Splices, bare and punctured wires will not be
permitted in the ignition system: Spliced wire from the purple
wire out of the ignition amplifier box.”
The penalties assessed were:
-For car owner, Philip Smith: Disqualification from the
Event. Suspension from the next NASCAR Whelen Southern Modified
Tour Event. Suspension from NASCAR until October 1, 2008.
Probation until December 31, 2008.
-For driver, Burt Myers: Disqualification from the Event.
Suspension from the next NASCAR Whelen Southern Modified Tour
Event. Suspension from NASCAR until October 1, 2008. Probation
until December 31, 2008.
-For crew chief, Scott Widener: $1,000 fine. Suspension from
the next NASCAR Whelen Southern Modified Tour Event. Suspension
from NASCAR until October 1, 2008. Probation until December 31,
2008.
The Appellants requested and were granted a deferral of the
penalties until the appeal hearing could be convened.
The Appellants acknowledged that the splice did not conform
to the Rule Book, but argued that the infraction was inadvertent
and did not constitute a competitive advantage. They further
agued that the spliced-in wire was simply used to power lights
on the dashboard. They argued that no traction control devices
had been found. They argued that the car had been through
numerous prior inspections in the same configuration and that
the penalties were too severe for the infraction. Additionally,
the crew chief disavowed any knowledge of the wiring of the car
and stated that he was simply an unpaid volunteer.
In determining the appeal, the Commission considered several
factors:
-According to testimony, the purple wire out of the ignition
amplifier box is normally a signal wire which controls ignition,
not a wire with voltage sufficient for powering dashboard
lights.
-If an actual traction control device had been found, much
stronger penalties would have been warranted.
-Parts, modifications. etc. are not considered approved by
reason of having passed through one or more inspections
unobserved or undetected.
-The crew chief assumes responsibility for the actions of the
team.
In this case the infraction was evident, of a very serious
nature, and the penalties were deemed appropriate. Therefore, it
is the unanimous decision of the National Stock Car Racing
Commission to uphold the original penalties assessed by NASCAR.
The periods of suspension shall be adjusted from the date of the
appeal hearing.
The Appellants have the right under Section 15 of the Rule
Book to appeal this decision to the National Stock Car Racing
Commissioner.
Leo Mehl
Kevin Whitaker
George Silbermann, Chairman
Source:
Jason Cunningham/NASCAR WMT PR
Posted:
October 2, 2008
