NASCAR changes rules to prevent appeal panels from removing parts of penalties after Hendrick decision

NASCAR has changed its rules to avoid a repeat of what happened when Hendrick Motorsports was able to get its points penalty rescinded last week.

After NASCAR penalized each of Hendrick’s four cars 100 regular-season points and 10 playoff points, fined the teams and suspended the cars’ four crew chiefs for violations at Phoenix Raceway, an appeals panel kept the suspensions and fines in place but removed the points penalties.

At the time, the appeals panel was clearly within its rights to make that ruling, based on the wording in the NASCAR rule book. But NASCAR made a change to prevent that from happening again on Thursday, the same day it penalized two of Hendrick’s four teams 60 regular-season points and five playoff points for infractions found upon further inspection after Sunday’s race at Richmond.

According to the new wording in the rule book, “if a penalty is modified, it may be increased or decreased within the minimum and maximum penalty ranges prescribed for the violation level.” The rule book previously said penalty adjustments could be made “in the appeals panel’s sole discretion,” as long as an adjustment didn’t conflict with NASCAR rules.

The wording means appeal panels can still overturn NASCAR penalties if they believe the accusations have no merit. But they must keep all facets of a penalty in place if they believe a penalty is warranted; the appeal panel could've reduced Hendrick's points penalty if the new rules were in place a week ago but would've been unable to wipe it away.

After the appeal panel’s decision a week ago, NASCAR said it was “pleased” the panel “agreed that Hendrick Motorsports violated the rule book” but disappointed the entire penalty wasn’t upheld. It also argued that the ability to assess a points penalty is “a strong deterrent that is necessary to govern the garage following rule book violations.”

Hendrick can still hope to use the old loophole if it appeals the Richmond penalties, however. Since NASCAR updated its rule book after the Richmond race — where the infractions took place — Hendrick’s second penalty in less than a month is subject to the original appeal panel rules. That means it’s possible, if unlikely, that a different appeal panel will also find that Hendrick violated the NASCAR rule book but remove the points penalty entirely.