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by Art Weinstein
Gordon decision sets odd precedent
March 6, 2008
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Robby Gordon “Dodged” a bullet yesterday, as the National Stock Car Racing Commission overturned a NASCAR penalty of 100 points assessed against Gordon when an unapproved nose was found on his car prior to qualifying at Daytona.
Gordon argued that the mistake was unintentional, because a Dodge supplier had simply sent his car the wrong nose. I believe that’s true, but I don’t believe that justified overturning the points penalty. Several times in recent years, the commission has upheld NASCAR’s claims that showing “intent” to break the rules doesn’t matter when it comes to penalties. In other words, whether it’s an accident or not, competitors breaking the rules get a penalty.
Perhaps the commission itself was a bit confused on breaking precedent, because while it dropped the points penalty, and rescinded the six-race suspension of crew chief Frank Kerr, it increased the fine against Kerr from $100,000 to $150,000.
Talk about sending a mixed message. Either Gordon and Kerr were wrong, or they were not. The commission seems to be blaming Kerr and penalizing only him. But what happens the next time a team is nailed with an “unintentional” unapproved part? How will NASCAR justify penalizing the driver?
Of course, that assumes that the term “precedent” means anything in the world of NASCAR. That often seems to be an alien concept for the sanctioning body.
Gordon argued that the mistake was unintentional, because a Dodge supplier had simply sent his car the wrong nose. I believe that’s true, but I don’t believe that justified overturning the points penalty. Several times in recent years, the commission has upheld NASCAR’s claims that showing “intent” to break the rules doesn’t matter when it comes to penalties. In other words, whether it’s an accident or not, competitors breaking the rules get a penalty.
Perhaps the commission itself was a bit confused on breaking precedent, because while it dropped the points penalty, and rescinded the six-race suspension of crew chief Frank Kerr, it increased the fine against Kerr from $100,000 to $150,000.
Talk about sending a mixed message. Either Gordon and Kerr were wrong, or they were not. The commission seems to be blaming Kerr and penalizing only him. But what happens the next time a team is nailed with an “unintentional” unapproved part? How will NASCAR justify penalizing the driver?
Of course, that assumes that the term “precedent” means anything in the world of NASCAR. That often seems to be an alien concept for the sanctioning body.
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