Henry Ford once said “Failure is simply the opportunity to begin again.”

Racers that compete in the NASCAR Whelen All-American Series might feel that moto should in fact be the creed of NASCAR, track owners and the rule they compete under per their license agreement.

Car owners and competitors have known there are NASCAR and track rules they must abide by. These rules state expectations for behavior and enforce detailed car requirements for them. In other words, it’s the bible for competition.

Each week, drivers and crews work tirelessly to prepare for their weekly events. They plan to come out and put on a good show for their sponsors, fans and race for the win. The pinnacle for all drivers- A CHAMPIONSHIP! Most people don’t look to cheat, it’s a costly venture. So let’s consider the current environment of the unfortunate occurrence of a disqualification.

There was once a time when you could compete, knowing that if you failed to make muster after the race, you could appeal the call of the local NASCAR officials to the directors at NASCAR if you had an arguable case. Many have had to exercise the appeal option given to them by NASCAR’s rule book. Which in past years, allowed disqualifications to be moved to an appeals process; which may have been as little as a consultation with the Weekly Racing Series Director and local officials to as much as a full hearing with the Member Appellant, Appeals Panel, witnesses, evidence and more importantly a presumption of innocence. This process was created to promote “safer, fair and orderly motorsports events.” Per their rule book, “NASCAR’s responsibility is to ensure that the rules are enforced in a fair, but decisive manner.” Additionally, “the Appeals Panel provides Members with an impartial and meaningful opportunity to appeal a NASCAR Penalty Notice. Further, the Member is entitled to a second and Final Appeal of the Appeal Panel’s decision to the Final Appeals Officer.”

Much of the above is stated in the Appeals section of the 2015 NWAAS Rule book on pages 38-47. But there is MUCH to be learned about its interpretation as many have learned this year. There has been a huge change in the appeals process for the NWAAS that an announcement can’t be found for on any internet search. On February 4, 2014 there was an announcement made detailing changes in the appeals and penalties process, but they didn’t apply to the NWAAS. Nor are they in the NWAAS rulebook.

The application of the current appeals process or lack thereof is becoming a lesson “hard learned.” For example; four different competitors, from 3 different NASCAR sanctioned tracks have suffered DQ’s in 2015 for the same infraction. Two of the car owners, whom are veterans in many aspects of the industry, went through the motions to appeal, only to learn that not just THEIR appeal, but NO appeals will be heard by NASCAR. While the change to the upper series’ announcement was made, none was made for the lower series to let them know what their new situation is. NASCAR stated to one car owner that all decisions made by local officials are FINAL and the following statement was made to speed51.com by NASCAR in regards to their inquiry about infractions was and published by Brandon Paul, Speed51.com Editor on March 12, 2015.

“NASCAR sanctions the NASCAR Whelen All-American Series (“NWAAS”) tracks that feature weekly programs. In a consultative role, NASCAR provides various competition-related resources to all NWAAS track operators, including a proposed rulebook to help maintain the orderly conduct of an event at a sanctioned facility. All tracks have the option of utilizing some or all of NASCAR’s proposed rules and/or publishing and enacting their own rules developed by their local Race and/or Competition Director. Tracks may consult with NASCAR when issuing a track penalty, but NASCAR approval of a track penalty is not required. While a track may also request that NASCAR issue a penalty, and NASCAR maintains full authority to do so against any NASCAR Member in its discretion, NASCAR encourages each NWAAS track operator to administer the enforcement of all applicable rules and related penalties independently, especially with respect to issues arising out of technical inspection or other incidents occurring at-track. Penalties handed down by a NWAAS track are not eligible for appeal with NASCAR or the NASCAR Whelen All-American Series Competition Administrator. Any penalty decision by a NWAAS track operator is considered final by NASCAR.”

Each person would have to make their own decision about what is being said there. But interpretations will likely be:

  1. Competitors and car owners can be penalized at will and by their own discretion by track officials, operators or NASCAR.
  2. Track officials and operators are autonomous in their decision making and penalty assessment.
  3. NASCAR reserves the authority to issue penalties and if it does so with the instruction of the track, you still may have no appeal option.
  4. Who are the drivers to look to as their policing figure? Officials, race director or track operator?

Knowing all of this, if you read the fine print in the rule book, you will find that the ONLY appealable offense is a written “Penalty Notice” from NASCAR that includes either a monetary fine or a suspension. What the rulebook doesn’t do is define “Penalty Notice.” It also does not protect you the driver, or the car owner from penalties that once could be reviewed and overturned for appropriate reasons. Not to mention the always feared; frivolous and questionable penalties you no longer have the power to fight. All major sports have an option for appeals. There is an authority that oversees those that represent the hierarchy and makes sure they are upholding the rules and standards that the organization stands for.

For matter of simple description, the tracks have been given the authority to be by definition; a dictatorship: to rule, control, or lead by one person with total power. One would hope that NASCAR and track owners would rethink the current consideration NOT being given to those that pay the bills week in and week out at their Home Tracks. When someone isn’t given an option to help themselves, often the fight or flight reaction kicks in and they start to look for ways to find their own resolve. However, it’s not required at all. The only thing that is needed is for the track owners to take the autonomy that NASCAR has given them and create an appeals process for their track and its competitors. For as Henry Ford once said, “Failure is simply the opportunity to begin again.”

The author of this op-ed wishes to remain anonymous.  The opinions expressed are solely those of the author and not of RACE22.com.