Commission Upholds Berrier, RCR Penalties

Written by John Davison · March 31, 2005

The National Stock Car Racing Commission, this week’s board consisting of Leo Mehl, Bud Moore and George Silbermann, upheld the penalties levied against Todd Berrier, crew chief for Kevin Harvick’s No. 29 GM Goodwrench Chevy, driver Harvick and team owner Richard Childress. Berrier admitted that, before qualifying at Las Vegas Motor Speedway, he had installed pieces in the fuel system of the car to make the car appear full of fuel, in spite of having only five gallons on board. The team was appealing the severity of the penalties, arguing that the infractions occurred only in qualifying and not the race. Here is the Commission’s statement in full:


National Stock Car Racing Commission Statement:

On March 29, 2005, the National Stock Car Racing Commission heard and considered the Appeal of Richard Childress, Kevin Harvick, and Todd Berrier concerning three penalties assessed by NASCAR relative to the #29 car following the NASCAR NEXTEL Cup Series event at Las Vegas Motor Speedway on March 13, 2005.

The infractions concerned Section 12-4-A of the NASCAR 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 fuel filler and unapproved fuel cell vent.”

The penalties assessed were:

• Loss of 25 NASCAR NEXTEL Cup Series Championship Car Owner Points for car owner Richard Childress.

• Loss of 25 NASCAR NEXTEL Cup Series Championship Driver Points for Kevin Harvick.

• $25,000.00 fine and suspension from NASCAR until April 20, 2005 and suspension from the next four (4) NASCAR NEXTEL Cup Series races for crew chief Todd Berrier.

The Appellants acknowledged that the sealed-off filler and the plug inserted in the vent line were deliberate rules violations, but appealed the severity of the penalties.

The Commission found the penalties to be appropriate.

Therefore it is the unanimous decision of the National Stock Car Racing Commission to uphold the original penalties assessed by NASCAR. The Commission notes that Mr. Berrier has already served the suspension for one of the four NASCAR NEXTEL Cup Series races. The Appellants have the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Commissioner.

Leo Mehl
Bud Moore
George Silbermann, Chairman

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