Roush Racing Considers Recourse Options

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Roush Racing Considers Recourse Options


Concord, N.C. (Nov. 5, 2002) - Responding to notification that 25 Owner and Driver points were being confiscated by NASCAR for use of an "unapproved" left front spring on Mark Martin's Viagra® Ford Taurus, key Roush Racing personnel made these comments:

Ben Leslie, Crew Chief: " We used a spring manufactured by an approved NASCAR manufacturer exactly as it came to us out of the box. We are being charged with the same penalty as teams that materially altered springs in order to obtain a performance advantage, which is completely unfair."

Bob Osborne, Team Engineer: "It is significant to note that the spring was not altered in any way by the team, and that the deviation was so small as to make absolutely no difference in spring travel or rate---the two elements of spring performance that the rules were intended to regulate."

Mark Martin, Driver: "25 points for using an unaltered spring that had no performance difference from a spring ¼" longer; I feel like we just got the death sentence for shoplifting.

"Everyone in the garage knows that it was an honest mistake and provided absolutely zero advantage at that track. I hope the fans understand that and understand that it had nothing to do with the way our car ran on Sunday. I just feel really bad for the Viagra Racing Team and everyone who has worked so hard. This is a pretty steep penalty for what is essentially a meaningless violation."

Geoff Smith, President: "We are evaluating all avenues of recourse available to us, including invoking the NASCAR appeals process and have asked our outside counsel to assess our options for recourse against the manufacturer and distributor of the spring. We quite naturally are upset that we received exactly the same penalty as that imposed on two other teams that altered springs with the expectation of obtaining a performance advantage."
 
Interesting,I hope they don't find out that Mark slipped the guys at the manufacture a 100 spot for making those springs that way. :p
 
Roush ponders challenges to penalty
By Dave Rodman, Turner Sports Interactive November 5, 2002
3:38 PM EST (2038 GMT)

CONCORD, N.C. -- Roush Racing president Geoff Smith said Tuesday that the organization may appeal a NASCAR sanction issued Monday or take legal action in the wake of the decision.

In 1990, Mark Martin was fined 46 points for an illegal part and lost the title to Dale Earnhardt by a margin of 26 points. Credit: Autostock

Roush's No. 6 team had pulled to within 87 points of Winston Cup championship leader Tony Stewart after Mark Martin finished second and Stewart 14th at North Carolina Speedway on Sunday.

In a post-race inspection, an unapproved left front spring was found on Martin's car. Monday he was docked 25 driver points, putting him 112 behind Stewart with two races remaining in the season.

Team owner Jack Roush, who fields nine teams in three NASCAR series, was also docked 25 owner points. Crew chief Ben Leslie was fined $5,000.

"We are evaluating all avenues of recourse available to us," Smith said, "including invoking the NASCAR appeals process and have asked our outside counsel to assess our options for recourse against the manufacturer and distributor of the spring."

During series sponsor Winston's weekly media teleconference Tuesday, both Martin and Leslie alleged the spring was put into the car exactly as it came out of the box on the morning of the race, and that it was a standard piece from a NASCAR-approved manufacturer.

Martin's sanction marks the third time that the 25-point penalty was invoked for a spring violation in the Winston Cup Series and is the sixth time points have been deducted from a team since July.

"We quite naturally are upset that we received exactly the same penalty as that imposed on two other teams that altered springs with the expectation of obtaining a performance advantage," Smith said.

Following the short track races at Richmond International Raceway in September and Martinsville Speedway in October, drivers Jeff Green and Ward Burton and their team owners and crew chiefs received 25-point driver and owner point deductions and fines of $5,000 per unapproved spring.

NASCAR cited the springs taken from the cars of Green and Burton for having "coil windings that were not evenly spaced and did not meet the standards set forth in the rulebook."

Both Martin and Leslie declined to offer their spring's manufacturer, but the crew chief said he accepted responsibility for the "unfortunate oversight" of not noticing the spring was not up to specification before it was installed.

"We used a spring manufactured by an approved NASCAR manufacturer exactly as it came to us out of the box," Leslie said. "We are being charged with the same penalty as teams that materially altered springs in order to obtain a performance advantage, which is completely unfair."

"It is significant to note that the spring was not altered in any way by the team," Roush team engineer Bob Osborne said, "and that the deviation was so small as to make absolutely no difference in spring travel or rate -- the two elements of spring performance that the rules were intended to regulate."

The left front spring found on Martin's car had 4 3/8ths coils, not the minimum 4 1/2 coils mandated in the rulebook.

"I feel like we just got the death sentence for shoplifting," Martin said. "Everyone in the garage knows that it was an honest mistake and provided absolutely zero advantage at that track.

"I just feel really bad for the Viagra Racing Team and everyone who has worked so hard. This is a pretty steep penalty for what is essentially a meaningless violation."

The penalty, if unabated, puts Martin in the position of having to come from further behind than anyone has ever been able to do with two races left to win the championship. Stewart only has to average a finish of 11th in his last two races to win the title, no matter what Martin does.
 
its NASCAR they wont reverse it........for them to reverse something would mean that they would have to admit that they did something wrong.............hell or high water....they will never admit that they have done anything wrong

sorry Mark
 
Got that right DEI...as much as I hate this for Mark he should just make an announcement saying that they had no idea it was a bad spring etc etc and then just deal with it.

This only makes it look worse...

Was really pulling for Mark too...
 
so was i.......im not a Roush fan, but i love to see the old guys win.

if anyone deserves a title its Martin
 
Bring on the lawsuit. It will look great next to the other ones. Johnny Cochran is gonna LOVE this.:D
 
Martin and Leslie alleged the spring was put into the car exactly as it came out of the box on the morning of the race, and that it was a standard piece from a NASCAR-approved manufacturer.
Click to expand...

This was the Jeff Gordon magnesium manifold defense- it didn't work either.....
 
The manifold would increase performace, whereas this spring does not.
 
We will open the betting at 3 M&M's to 1 Oreo Cookie nascar reverses it's decision.
 
I seriously think nascar will reverse it's decision. While Jack might not be their fave owner, Tony is bad press.

The excuse will be that it was an unaltered new part from a nascar approved manufacturer and that it did not significantly alter the performance of the car.

I believe nascar would rather give Mark the points than face collusion charges in a court of law.
 
quote:
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Martin and Leslie alleged the spring was put into the car exactly as it came out of the box on the morning of the race, and that it was a standard piece from a NASCAR-approved manufacturer.
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This was the Jeff Gordon magnesium manifold defense- it didn't work either.....
 
We heard you the first time DEF.

I said that the manifold would increase performance, whereas this spring doesn't.
 
If it doesn't increase performance, then why is there a rule against it?:eek:
 
All Tony has to do is win by 26 points and this will not mean a thing- i would hate to see a courtroom decide who is the nascar championship.
 
Well lemme know if I get close to the wall:)

I'm not kidding. nascar does not need this kind of thing right now with the TMS stuff going on. All an attorney would have to do in a civil suit is show reasonable suspicion. It's cheaper to give the points back.
 
Any way it goes Nascar is gonna look bad. If they don't give the points back it will be said thay wanted Tony to win. If they give them back they will be helping Martin win his long over due championship. Look like to me it will be a lose lose ballgame.
 
If they give these points back to Martin because he threatened to sue, I will seriously never watch the sport again and place complete blame on Martin for ruining the sport.

No offense, but this is the second time Martin has been caught with some rules at the end of a year when he was in the hunt.
 
Collusion.....the fix is in....that kind of stuff....after all, they robbed him once before.
 
There is no suspicion...if the rule book says, "It's gotta be this long" but the spring they ran wasn't that long then there is no fix. It isn't NASCAR's responsibility.

Martin needs to sit down and shut up.
 
I can definitly see Rousch going to court about this. But, if the springs came striaght out of the box, there must be other springs with the flaws.....find another and show it to NASCAR. Better yet, it would be awesome if another team had the cohonas to show NASCAR......
 
The spring might have come right out of the box. should not it be the crew cheif responsibility to check things out before they go on the car.
 
This doesn't really look like Martin saying anything. This is his team that is upset. I'd be pretty upset too if I got penalized for using a product that I took right out of the box. Was there any way they could have checked it before?

I don't think they will get anywhere with NASCAR, but don't be surprised if they try and sue the manufacturer of that spring.
 
ALL I have to say is if they give him his points back they better give rusty and jimmies there points back too
 
Originally posted by Gollum
The spring might have come right out of the box. should not it be the crew cheif responsibility to check things out before they go on the car.
Click to expand...
I agree on that. having been a mechanic for many many years I have now and then had my ass handed to me for not making damn sure I had the exact part for a particular application.
 
The part and/or manufacturere was nascar approved tho. And that's the winger.

For all we now the box coulda said "nascar approved front spring for ford tauris" and if it does, then it can be argued that it's nascar's responsibillity to insure that the part is legal.
 
Yea thats just it, who takes the blame, the crew or manfactuer or if it is nascar approved than should nascar inspect it before the team gets it.
 
Guess what........it's the teams responsibility to check each part before installing. Take my job for instance. Main switch gear ordered directly from the manufacturer (Square D, for instance) built to specifications set by an engineer......it's delivered to us to be installed. During that installation process, it is our responsibility as electricians to check each and every part to make sure it is what it was spec'd out for. Bus bars.......copper, copper alloy, aluminum, ect. Proper size bolts connecting the bus bars and properly torqued. Bracing of the bus bars. Generally everything within the cabinet must be checked by us because if something is wrong and the when that main gear is energized and it blows up (yeah, that stuff does blow up....just like a bomb) it ain't gonna come back on the engineer, the manufacturer, the shipper, or anyone else.......it's us. The installers will take the hit......it's our job to make sure it's right. Not anyone elses.

It's time for Mark and the Viagra team to shallow hard and move on. They can piss and moan all they want, but it's their job to make sure it's right.
 
That of course will be the arguement should nascar hold fast. Their argument will be that they only approved that type of spring, not it's size etc etc.
 
Originally posted by 71Fan
That of course will be the arguement should nascar hold fast. Their argument will be that they only approved that type of spring, not it's size etc etc.
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And I believe that will hold up in any court or appeals board too. Jack would be wise to just drop it. He can, of course go back on the manufacturer for damages....but not NASCAR.
 
Originally posted by DE Wrangler 2
Jack would be wise to just drop it.
Click to expand...

Yep he needs to do just that. Like what was said before, its a lose - lose situation. It would be the best thing just to go. The 6 team made a mistake, and their trying to place the blame on others. Roush Racing seems to have some problems at the end of the year with fines and point deductions. (Biffle and Martin) They need to get over it and move on. This is only going to distract them from winning the cup.
 
Who knows, tony might be just crazy enuf to blow his car off during the last two races just to let Mark and Jack win.
 
quote:
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Martin and Leslie alleged the spring was put into the car exactly as it came out of the box on the morning of the race, and that it was a standard piece from a NASCAR-approved manufacturer.
----------------------------------------------------------------------------



This was the Jeff Gordon magnesium manifold defense- it didn't work either.....
 
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