NASCAR: RCR loses round one of Bowyer car appeal and has appealed to Chief Appellate Officer

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A three-person panel denied the Richard Childress Racing’s appeal of the penalties assessed as a result of Clint Bowyer ’s New Hampshire winning car failing inspection in North Carolina.

In a statement the National Stock Car Racing Appeals Panel upheld all of the penalties imposed by NASCAR.

Although Bowyer’s #33 Chevrolet passed at the track inspection it was taken to Concord North Carolina where after an intensive inspection it was found to be out of specification. At the time NASCAR’s officials didn’t specify where the violation was.

NASCAR officials took 150 driver’s points from Bowyer, 150 owner’s points from Childress, fined crew chief Gil Martin $150,000 plus a six race suspension, and probation until the end of the year. Car Chief, Shane Wilson was also suspended for six races and is on probation.

All of this occurred in the context of RCR being warned, after the previous race at Richmond that the car was close to tolerances.

Childress appealed, not contesting the measurements, but argued “that the left rear frame member was actually bent upward of the car being pushed towards Victory Lane by a wrecker after the post-race burnouts…” RCR brought an accident reconstruction specialist, Dr. Charles Manning with 45-years of experience, testify to that point. Dr. Manning recreated the post-race situation to make RCR’s case. RCR also appealed the severity of the penalties.

NASCAR officials brought telemetry from the car showing no “sharp impact strike” which might cause the car frame to be bent.

It seems the panel agreed with the NASCAR inspection which found hard points (or fixed points) which were not in compliance with the rules. “Particularly of note were the facts that both rear hard points, left and right, were high, and that the rear of the body was offset on the frame,” the panel said in a statement.

After the hearing Childress paid a fee to appeal to NASCAR’s Chief Appellate Officer

On Thursday morning Childress released the following statement "I am disappointed but not surprised by the decision knowing how the appeal system is structured. We proved beyond a reasonable doubt how the car was found to be out of tolerance after the race. Knowing how the system works, I brought a check with me to cover the cost of the appeal hearing and we have already submitted our request to appeal to the chief appellate officer.

That being said, we will not let this be a distraction to the primary goal of one of our teams winning the Sprint Cup Series championship. We owe it to our fans and our sponsors to stay focused and bring the championship back to RCR. We will have no further comment on the matter until the appeal is final."