NASCAR's appeals court to Carl Long: Hasta la vista, baby

  
Journeyman racer Carl Long: gets the big boot from NASCAR (Photo: Getty Images for NASCAR)

  
  

   By Mike Mulhern
   mikemulhern.net

  
   NASCAR showed no mercy to journeyman racer Carl Long in his Tuesday appeal.
   All those record-setting penalties stand.
   And that means Long's career in racing is all but over.   
   And NASCAR officials thus add to the sanctioning body's growing image as an organization little concerned with the little guys of the sport.
   Long got no relief from NASCAR's appeals panel Tuesday over his plea that a record-setting $200,000 fine, a 12-race suspension, and a 200-point penalty were overkill for an engine he used in an All-star weekend preliminary race at Lowe's Motor Speedway.
   A three-man NASCAR appeals board gave no mercy to the part-time independent owner-driver, who has run occasional  Cup events over the past 10 years, typically far back in the pack.
    Long, makes a living working for a Cup team as Sunday spotter, and this penalty essentially puts him out of work. Following the decision he called NASCAR officials "bullies, big bullies."
   Long says there is no way, on his salary, that he or his crew chief can afford to pay a $200,000 fine.
   Long says he bought the engine in question from veteran engine man Ernie Elliott, a used engine from the Chip Ganassi testing department. It blew up in practice before the race, and Long had to switch to another engine. When NASCAR tested the original engine, it found it slightly larger than the 358 c.i. limit.
    With his backup engine, Long finished last in the prelimary race and earned $5,000.
    Long had offered an emotional appeal of the staggering penalties, calling them far out of tune with the offense, particularly for a small-budget driver like him.
    NASCAR brushed off Long's plea and let the penalties stand.
   This is the report from NASCAR's three-man appeals board, John Capels, Jack Housby and chairman George Silbermann:
    "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 12 NASCAR Sprint Cup Series Championship Events; suspension from NASCAR until August 18, 2009; and probation until December 31, 2009 for owner, Danielle Long;
   -- A loss of 200 NASCAR Sprint Cup Series Championship Driver Points; suspension from the next 12 NASCAR Sprint Cup Series Championship Events; suspension from NASCAR until August 18, 2009; and probation until December 31, 2009 for driver, Carl Long.
   -- A $200,000 fine; suspension from the next 12 NASCAR Sprint Cup Series Championship Events; suspension from NASCAR until August 18, 2009; and probation until December 31, 2009 for crew chief, Charles Swing
    "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 12-race suspensions in the series and a sizeable fine for its day."
   NASCAR's long-standing rules limit displacement to 358 cubic inches.
   NASCAR said "measurements on the engine in question calculated to a total cubic inch displacement of 358.197." 
    "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."
    The committee then decided to uphold the penalties.
    Long has the right to appeal once more, to Charles Strang, a man known as the National Stock Car Racing Commissioner.