Appeal Denied For Penalties Against Whelen Modified Tour Team With Driver Patrick Emerling

NASCAR announced Friday that members of the National Stock Car Racing Appeals Panel have unanimously decided to uphold penalties issued last month against the No. 07 NASCAR Whelen Modified Tour team with driver Patrick Emerling.

Whelen Modified TourAccording to a release from NASCAR, the team was: “found to be in violation of Sections 12-1 (Actions detrimental to stock car racing.); 12-4-I (Any determination by NASCAR officials that the race equipment used in the event does not conform to NASCAR rules.); 20D-10.8.H (Tire or wheel warming, using heaters, blankets, micro-wave or any other method will not be permitted.); and 20D-10.84K (Tires that, in the judgment of NASCAR Officials, have been altered by unauthorized treatment will not be permitted: Tires were moved from outer pit area to pit road under a blanket. Three (3) change tires were confiscated and subsequently tested confirming unauthorized treatment.) of the 2013 NASCAR rule book.

“Section 9-4A (At all events, the crew chief assumes responsibility for the actions of his/her driver, car owner and team members, and may be subject to disciplinary action as a result.) of the 2013 NASCAR rule book was applied to the violation.”

The violations were discovered during the CarQuest Fall Final weekend Sept. 28-29 at Stafford Motor Speedway.

P.J. Fearns, crew chief for the team, was fined $3,000 and indefinitely suspended by NASCAR.

The team has the right to appeal the decision of the panel to the National Stock Car Racing Chief Appellate Officer.

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