Fortune smiled on Robby Gordon and his #7 team on Wednesday when the NASCAR commission overturned the 100-point penalty dished out to Gordon and his team following his
Daytona nosecone episode.
Gordon becomes one of very few drivers and owners to have had a points penalty rescinded on appeal although the commission chose to increase the fine levied on Gordon's now un-suspended crew chief Frank Kerr from $100,000 to $150,000.
NASCAR's decision elevates Gordon to 21st in the current points standings and ensures that the outspoken, but hugely popular driver, won't consider a move to the newly unified Indycar Championship.
Gordon's appeal concerned three penalties issued by NASCAR following opening day inspection at Daytona International Speedway. The infractions concerned Section 12-4-A of the NASCAR Rule Book “Actions detrimental to stock car racing”; Section 12-4-Q “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 20-3.1-A: “Unapproved front bumper cover.”
Gordon and his team argued that the bumper cover was installed as delivered from the manufacturer (Dodge), that it did not provide a competition advantage since it was discovered prior to being allowed on the racetrack, and that the bumper met the templates. Gordon also argued against the severity of the penalties.
In deliberating, the Commission considered several factors. The bumper cover constituted an obvious rules infraction and the Appellants did not contest the legality of the part. The Commission notes and reaffirms the following fundamental principal which is vital to maintaining the integrity of the sport: Regardless of the source of an unapproved part on a racecar, the race team that officially enters the car in a NASCAR race is ultimately accountable for that racecar's conformance, or non-conformance, to the rules.
