Sunday, September 10 - Post-Race Aftermath
In post-race inspection, NASCAR impounds the intake manifold from
the engine on Gordon's Chevrolet. When asked, NASCAR Spokesperson
Kevin Triplett says that the governing body has "an issue" with the manifold.
Tuesday, September 12 - NASCAR Statement
NASCAR waits two full days to announce its findings.
The governing body ruled that Jeff Gordon's crew chief Robbie Loomis has been
fined $25,000, Gordon will suffer a loss of
100 driver points, and Rick Hendrick will lose 100 owners points due to the
intake manifold on Gordon's car that he took to victory in the
Chevrolet 400 at Richmond. "The General
Motors intake manifold that the #24 team used
during Saturday night's race in Richmond has not been approved," said NASCAR
COO Mike Helton. "The GM part number on the casting was the same, however, a different
material was used which altered the properties of the casting. The changed
casting was not resubmitted by GM for NASCAR's approval in accordance
with our procedures."
Tuesday, September 12 - Rick Hendrick's Response
Hendrick Motorsports CEO Rick Hendrick announces that his organization
will appeal the penalties.
"We have notified NASCAR that we will appeal the penalty imposed on the #24 team following our victory
Saturday night in Richmond. Not only do we feel a full
hearing on the facts will exonerate our team from any
intentional wrong doing, but it will remove any cloud of
suspicion cast over a great victory.
The alleged violation involves the use of a magnesium
alloy rather than aluminum in the intake manifold. The
engine part in question is not built by Hendrick
Motorsports, but is supplied to us and all other teams
by General Motors. The engine part found to be in
violation of NASCAR rules Saturday in Richmond has a
GM part number specifically listed in the NASCAR rule
book as an approved intake manifold. GM engineers
believe that the intake manifold conforms to all
NASCAR rules according to approved templates, gauges and other measuring
devices. Hendrick Motorsports engineers have tested the part and
determined that it in no way affected horsepower output.
We were under the impression NASCAR officials have
been aware of the use of magnesium in intake manifolds for several months
and had indicated to GM that it was approved as long as the part was not
altered in any other way. There was no attempt to conceal the part, which we
have been running since April. It also passed post-race
inspection in Charlotte for two of our cars. Hendrick
Motorsports has a strict policy that our people abide by the rules. There
certainly was no attempt by us to gain an unfair advantage with a part
available to, and in fact used by, other teams, and we feel confident this
ruling will be reversed on appeal."
Tuesday, September 12 - General Motors Statement
General Motors Racing released the following statement from
Doug Duchardt, NASCAR Group Manager for GM Racing, regarding the
penalty NASCAR assessed to Jeff Gordon and his crew chief Robbie Loomis
following Saturday night's Chevrolet 400 at Richmond International
Raceway:
"We are very disappointed in the penalties by NASCAR against Hendrick
Motorsports and Jeff Gordon. We supplied these magnesium intake manifolds to our teams in the clear belief
that they are allowed under the rules. They are identical in shape and
dimensions to the comparable aluminum manifold, produce no increase in
horsepower and NASCAR has, on many occasions, permitted changes in
materials of components where not explicitly prohibited by the rules. There is
no mention of materials in the rule on intake manifolds.
There has never been any intent by GM Racing to provide these parts to
teams secretly or to secure an unfair advantage by doing so. NASCAR
technical officials have been aware of the use of this manifold for some time.
Moreover, on multiple occasions, engines using these manifolds have been
inspected by NASCAR and pronounced satisfactory.
We pride ourselves on having open, constructive communications with
NASCAR officials on all matters, especially technical ones. Our track record
over the years is proof enough of that. We followed the same process as
before and believed that the submission of a new part to NASCAR for
approval was not necessary.
It is deeply regrettable that this situation has occurred.
Thursday, September 21 - Hearing Date Set
The National Stock Car Racing Commission announced that the appeal
hearing requested by Hendrick Motorsports has been set for Thursday, September
28.
"Representatives for Hendrick Motorsports asked for a period in order
to prepare for their presentation," said George Silbermann, chairman of the
National Stock Car Racing Commission. "This was the date that the members
of the commission and Hendrick Motorsports agreed upon for the hearing."
Friday, September 29 - NSCRC Ruling
After a day long hearing on Thursday, September 28, the National
Stock Car Racing Commission issued a ruling the following day.
The Commission, made up of three NASCAR officers, upheld the governing
body's earlier judgement. The Commission issued the following:
"In the hearing, the appellants correctly noted that the NASCAR Winston Cup
Rule Book does not specifically denote the material of the approved intake
manifold, however, all witnesses in the hearing acknowledged that the
approved NASCAR intake manifold, as listed in the NASCAR Rule Book, is
aluminum. Sections 20 and 20-5 of the NASCAR Rule Book require that all
changes to engine components must be submitted to NASCAR headquarters
and approved by NASCAR prior to being used in competition. The change
from aluminum to magnesium was not formally submitted to NASCAR
headquarters and was not approved by NASCAR.
The commission notes and reaffirms the following fundamental principle, which
is vital to maintaining the integrity of the sport: Regardless of the source of an
unapproved part on a race car, the race team that officially enters the car in a
NASCAR race and competes with that race car is ultimately accountable for
that race car's conformance, or non-conformance, to the rules.
It is the unanimous decision of the National Stock Car Racing Commission to
uphold the penalty assessed by NASCAR. The appellant has the right, under
Section 15 of the NASCAR Rule Book, to appeal this decision to the
National Stock Car Racing Commissioner."
Friday, September 29 - Rick Hendrick's statement
We are disappointed in the decision concerning our appeal. We felt we presented a
strong case that NASCAR clearly indicated to us and other GM teams that there
was no issue with the use of magnesium in intake manifolds.
Unfortunately, the NASCAR rule book is very vague concerning what constitutes an
approval and we feel that there needs to be some clarification of this to prevent these
types of situations from occurring in the future.
As we’ve said before, use of the part in question did not give us a competitive
advantage and should in no way detract from the team’s victory at Richmond. There
is one further step in the appeals process and we are trying to make a decision
concerning any future action at this time.
Friday, September 29 - Jeff Gordon's statement
The decision has been made. We’re moving on.
We gave it our best effort. That’s all I can say. We laid all the facts out
there that we knew of, and they made the decision, and we’re moving on.
Monday, October 2 - Rick Hendrick
Hendrick Motorsports owner Rick Hendrick said that he will make
no further appeal of NASCAR's penalty imposed on Jeff Gordon's
team after the Richmond race. Hendrick had the option of appealing one final time, to Charles Strang,
NASCAR's national commissioner and final appellate authority in NASCAR.
"To me it was ironclad that we were OK and I just can't understand why we
were even fined and then that we didn't win the appeal. But then
(NASCAR) having to admit they were wrong is pretty rough, too. At least
they had a process and we got to go through it. I really hate that it
happened because they openly admit we didn't do anything. It was a
GM part and everybody was running it. They said they shipped a 100 of them
and we had affidavits from teams who had run them and been through
inspection with them. We don't want to drag it out, we just want to get on
with our season."
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