Opinion — Has Robby Gordon Been Over-fined?
By Bram • Feb 21st, 2008 • Category: RacerRobby Gordon is miffed. After receiving one of the stiffest “calling-downs” NASCAR has handed out — equal to last year’s Michael Waltrip “jet fuel” debacle, Gordon feels it’s just not fair.
He could be starting 2008 with a career-high ninth place in points, but he’s dropped to 40th in points if the sanctions, as levied, stick.
The amercement reads like this: Gordon has been penalized 100 championship driver and owner points. Crew chief Frank Kerr has been fined $100,000, suspended for the next six NASCAR Sprint Cup Series events until April 9 and placed on probation until Dec. 31, 2008.
The No. 7 car driven and owned by Robby Gordon was found to be in violation of Sections 12-4-A (actions detrimental to stock car racing); 12-4-Q (car, car parts, components and/or equipment used do not conform to NASCAR rules); and 20-3.10A (unapproved front bumper cover) of the 2008 NASCAR rule book. The violations were found during opening day inspection for the Daytona 500 on Feb. 8.
Gordon’s response was laced with extreme disappointment and a touch of anger: “This was an innocent mistake made by someone not even on my team. They accidentally supplied us the new Dodge noses that NASCAR hasn’t yet approved because of what amounted to a clerical error. It was discovered during technical inspection and corrected before the race. It was not even close to being an intent to create some competitive advantage, and the mistake was not even made by my team. This penalty is way out of proportion when you compare it what happened last year when a team was penalized 100 points for adding a substance to the fuel, or when a team deliberately changed the bodies of the COT. To penalize my team the same amount when we didn’t even make the mistake, and the mistake was nothing more than inadvertent human error by someone else is just not fair. Other teams who have had similar issues to what happened with the nose on my car were only penalized 25 points.
I hope that NASCAR can reconsider when they have all the facts. In the meantime, we have no choice but to appeal this penalty. We started the season off on a high note with a top 10 finish at Daytona and we look forward to continuing that at California and Las Vegas.”
Is there validity in Gordon’s protest? I think so. There hasn’t been any release of information or data that would conclude this new Dodge nose would have been an aerodynamic advantage that I have seen. Early opinions of the new Charger nose point to the contrary. It is simply unapproved.
On Feb. 2nd, Gordon announced he was entering a “technical and marketing partnership” with Gillett Evernham Motorsports, which involved Gordon’s operation changing from Ford to Dodge. When he did, he had 4 days to make a wholesale change in his teams cars, 11 of them in all. When Robby Gordon Motorsports got the noses from Gillett Evernham, they inadvertently took delivery on unapproved prototype Charger noses instead of the approved Avenger noses presently sanctioned for competition.
The crux of this biscuit seems obvious, though a bit deceptive — even though the Dodge’s have the Charger nameplate this season, they’re still using the Avenger nose until NASCAR approves the Charger nose submitted by the manufacturer.
And what really seems to be position killer for NASCAR is a statement made by John Darby about the two different Dodge noses: “In the transformation from Avenger to Charger, Dodge is working on a replacement nose. There’s no difference, really, in the nose, other than the decal outlines that complement the Charger more than the Avenger. But the nose has not finished due process yet, so they had to put one of the old noses back on the car.” If there’s no difference, why the brouhaha?
The gray ares of the COT are still being defined.
There were more dramatic uses of creative engineering that netted lesser fines and sanctions from Speedweeks like the rear deck lid of Dale Jr’s No. 5 Nationwide Series entry.
The No. 5 car was found to be in violation of Sections 12-4-A (actions detrimental to stock car racing); 12-4-Q (car, car parts, components and/or equipment used that do not conform to NASCAR rules); 20A-3.1.1E (1) (the rear ends of the spoiler did not meet the specified height); and 20A-3.12.1A (altered rear spoiler after passing template inspection to enhance aerodynamic performance) of the 2008 NASCAR rule book. The violation occurred following practice on Feb. 14.
Driver Dale Earnhardt, Jr. has been penalized with the loss of 50 championship driver points, while car owner Rick Hendrick has been penalized 50 championship owner points. Crew chief Chad Walter has been fined $25,000 and suspended for the next six NASCAR Nationwide Series events until April 9 and placed on probation until Dec. 31, 2008.
During one Daytona 500 post-race Q/A , Dale Jr. , when asked how the finding of an infraction might have related to any net issues in mental performance for either him or his team , eluded to the fact that the team “simply got caught”.
Gordon’s team, on the other hand, was found to be in violation before any on-track time. And it complied immediately.
NASCAR hasn’t seen many times changing or reducing penalties, fines and sanctions in appeal.
This could clearly present such a case for re - visit of those.
Stay Tuned
(The opinions expressed are solely those of the writer.)

