APPEALS PROCESS CHANGES ANNOUNCED
Aimed Toward Better
Effectiveness, More Transparency
part of its wide-ranging initiatives to transform
its competition model, NASCAR today announced
enhancements 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
“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.”
The deterrence system and appeals process will also
be in place for the NASCAR K&N Pro Series, NASCAR
Whelen Modified and Whelen Southern Modifieds Tours,
and the NASCAR Canadian Tire Series.
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.
NASCAR’s Deterrence System
NASCAR’s Deterrence System is easily understood and
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. Some of the
Deterrence System elements include:
• The system starts with warnings (W) issued for
very minor infractions, then are grouped into six
levels – P1 (least significant) to P6 (most
• 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,
• At the highest three levels of the system, if a
rules infraction is discovered in post-race
inspection, the one or more additional penalty
elements are added on top of the standard prescribed
• 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.
• Behavioral infractions are still handled on
case-by-case basis and are not built into the W,
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 are 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.
The National Motorsports
The 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.
Some other Appeals changes
• Clearly identifying the procedural rights of
• Detailing responsibilities of parties throughout
• 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
• Changing the name of the Appeals Panel to The
National Motorsports Appeals Panel
Source: Official Announcement / NASCAR
February 6, 2014