Berrier Penalties Upheld

National Stock Car Racing Commission heard and considered the appeal of Todd Berrier, crew chief for the No. 29 car. The appeal pertained to a penalty issued by NASCAR under Section 12-4-A of the Rule Book "Actions detrimental to stock car racing" and 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: Unapproved aerodynamic modifications and unapproved fuel cell vent mounting."

The penalty stemmed from post-qualifying inspection at Talladega Superspeedway for the NASCAR NEXTEL Cup Series event on September 30, 2005.

The penalty assessed was:

  • $10,000 fine; suspension from NASCAR until October 19, 2005; probation until December 31, 2005.

  • Upon the request of the Appellant, the Commission deferred the original penalty until the hearing could be conducted.

    Taken individually, each of the components that failed to conform to the rules had plausible explanations, but taken collectively, constituted a serious violation of the rules.

    Therefore, it is the unanimous decision of the National Stock Car Racing Commission to uphold the original penalty issued by NASCAR. The period of the suspension will be adjusted to commence from the date of this hearing.

    The Appellant has the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Commissioner.
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