Appeals board upholds Long suspension

Carl Long has said that he is disappointed with the ruling of a NASCAR appeals board that he says limited his recent twelve-week suspension to the Sprint Cup garage, but kept the $200,000 fine for an engine that was deemed too large during practice for the Sprint All-Star Race.

A NASCAR spokesman would not confirm the ruling of the National Stock Car Racing Commission, which heard the appeal Tuesday morning, but an official statement issued after the hearing clearly laid out the extent of Long's punishment and the driver, who works as a mechanic and spotter for Front Row Motorsports, said he was unsure if he would go through the final appeals process to National Stock Car Racing commissioner Charles Strang.

Long's engine blew during 15 May practice at Lowe's Motor Speedway and, since he changed engines, NASCAR officials took the original. After inspection, it was deemed that the unit was 0.17 cubic inches beyond the 358-cubic inch limit stipulated in the rules, and the part-time driver/owner was suspended for twelve weeks and docked 200 points, while crew chief Charles Swing was fined $200,000 - the largest fine in NASCAR history.

Long had bought the engine from a reputable engine builder and was told that the heat generated when the engine blew up possibly could have caused the change in the size

On weekends when he's not racing, the privateer is typically to be found in both the Sprint Cup and Nationwide garages, working for Front Row. The next Sprint Cup race Long had planned to compete in was Bristol in August, but he will be under suspension.

"I work on a Sprint Cup team and my job is running back and forth," he noted Tuesday, "They might be trying to give me a Band-Aid to help me, but it doesn't.... How do you go up and spot for your Nationwide car and then find somebody else to take over for you? It still knocks me out of a job.

"I still love the sport, I still love to race and love to be part of it, but it gave me a real, real sour taste in my mouth. I don't think it's fair at all."

The NASCAR commission issued the following statement explaining its decisions regarding the case:

"On 2 June 2009, the National Stock Car Racing Commission heard and considered the appeal of 3three penalties issued by NASCAR relative to the #146 NASCAR Sprint Cup Series car following inspection of the car's engine on 16 May 2009 for an event at Lowe's Motor Speedway.

"The penalties concern Section 12-1 of the NASCAR Rule Book 'Actions detrimental to stock car racing', Section 12-4-I 'Any determination by NASCAR Officials that the Race Equipment used in the Event does not conform to NASCAR rules', and Section 20-5.4A 'Engine exceeded the maximum engine size of 358.00 cubic inch displacement'.

"The penalties assessed were:

"A loss of 200 NASCAR Sprint Cup Series Championship Car Owner Points; suspension from the next twelve NASCAR Sprint Cup Series Championship Events; suspension from NASCAR until 18 August 2009; and probation until 31 December 2009 for owner, Danielle Long

"A loss of 200 NASCAR Sprint Cup Series Championship Driver Points; suspension from the next twelve NASCAR Sprint Cup Series Championship Events; suspension from NASCAR until 18 August 2009; and probation until 31 December 2009 for driver, Carl Long

-A $200,000 fine; suspension from the next twelve NASCAR Sprint Cup Series Championship Events; suspension from NASCAR until 18 August 2009; and probation until 31 December 2009 for crew chief, Charles Swing

"The Appellants requested and were granted a deferral of the fine and suspension penalties until such time as this hearing could be convened.

"The Appellants did not contest that the engine was oversized. They argued that the engine had been supplied by a third party and that the infraction may have been due to an error on the part of that supplier, or to expansion due to overheating, or to general wear and tear on the engine. The Appellants further argued that they are a very low budget team incapable of bearing suspensions and a fine of this magnitude.

"The NASCAR representative argued that NASCAR has and continues to consider an oversized engine to be one of the most egregious of rules violations, warranting the harshest of penalties. The last penalty notices issued in NASCAR's top series for an oversized engine were in 1991 and included twelve-race suspensions in the series and a sizeable fine for its day.

"The Rule Book provides eight cubic inches of flexibility in engine construction from a minimum of 350.000 cubic inch displacement to a maximum of 358.000 cubic inch displacement. Measurements on the engine in question calculated to a total cubic inch displacement of 358.197. According to the NASCAR representative, even the largest amongst the many, many engines inspected over the years usually allowed ample buffer below the 358.000 c.i.d. line.

"The Commission reaffirms that the race team is ultimately responsible for all components on the race car, including any supplied by third-party vendors.

"The Commission notes that during the hearing, the driver expressed a strong love of racing and a desire to compete at the highest levels of the sport. His testimony came across as genuine and heartfelt.

"While it is tempting to consider penalties that this driver and team can more-readily bear, the sport would not be well served by having a sliding scale of penalties calibrated to a given team or member's resources. Penalties of this magnitude for this type of infraction are warranted in the NASCAR Sprint Cup Series.

"Upon reviewing all the testimony, the National Stock Car Racing Commission has decided to amend the penalties as follows:

-in each of the three Penalty Notices, the statement that reads 'Suspended from NASCAR until 18 August 2009' shall be rescinded.

-all other elements of the penalties (points, suspensions from next twelve NSCS events, fine and probations) remain in force.

-the periods of suspension shall be adjusted from the date of this hearing.

"The Appellants have the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Commissioner."

Additional reporting special to the Sporting News NASCAR Wire Service