NASCAR Penalizes Custer, SHR No. 41 for Race Manipulation

After reviewing all pertinent data, NASCAR penalized Cole Custer by subtracting 50 driver and owner points. Additionally, the driver was fined $100,000 and his crew chief, Mike Shiplett, was indefinitely suspended. These actions were taken due to what NASCAR determined to be a deliberate act of race manipulation during the playoffs.

NASCAR penalized Custer and the SHR No. 41 team, citing Sections 4.3.A, 4.4.C and 5.5 of the NASCAR Rule Book (Member Code of Conduct/Performance Obligation) as their reasons. Section 5.5 is essentially the 100 percent rule, which was established following the ‘Spingate’ scandal involving Michael Waltrip Racing at Richmond Raceway during the 2013 regular season finale.

A: NASCAR requires its Competitor(s) to race at 100 percent of their ability with the goal of achieving their best possible finishing position in the Event.

B: Any Competitor(s) who takes action with the intent to Artificially Alter the finish positions of the Event or encourages, persuades or induces others to Artificially Alter the finish positions of the Event shall be subject to a penalty from NASCAR, as specified in Section 10 Violations and Disciplinary Action.

C: “Artificially Alter” shall be defined as the actions by any Competitor(s) that show or suggest that the Competitor(s) did not race at 100 percent of their ability for the purpose of changing finishing positions in the Event, in NASCAR’s sole discretion.

NASCAR concluded that Custer deliberately reduced his speed during the final lap of Sunday’s Bank of America Roval 400. This was done to let his teammate, Chase Briscoe, increase his positions, which could potentially help the No. 14 team proceed to the Round of 8.

Briscoe already had the tiebreaker over Kyle Larson before the contentious chicane, rendering the gained positions irrelevant. However, NASCAR stated it would scrutinize the lap right after the race.

After the race, Custer informed Racing America that Shiplett had warned him about a tire going down as he navigated into the backstretch chicane.

“Custer explained the situation: “I attempted to overtake Tyler Reddick, but he forced me down to the apron in the oval turn of 1 and 2. Upon rejoining the track, I experienced a vibration. Subsequently, my team started warning me about a flat tire.”

So, my plan was to gently maneuver it into the corner to assess the situation, but I ended up being hit twice by Austin Dillon. That’s how I saw it. I suspected a flat tire, felt a vibration, and then I was hit.

Before issuing the penalty on Tuesday afternoon, NASCAR reviewed team radio transmissions as well as braking, steering, and throttle data.

Indeed, Shiplett informed Custer that he had a flat tire and needed to ‘check up’ at the front of the field.

“I believe we have a flat tire. Slow down. I suspect we have a flat tire. Examine it. Examine it.”

NASCAR stated that Custer’s reaction to that situation exacerbated it.

Scott Miller, NASCAR’s senior vice president of competition, commented on the situation during a media teleconference following the announcement of the penalty. “The data provided significant insights,” he said. “However, it became even more apparent when we listened to the audio. The crew chief was instructing the driver, ‘I think you’ve got a flat, checkup, checkup, checkup,’ despite not being able to see the car or having any real indication that the car might have a flat. This was a clear indication of what transpired.”

The overwhelming evidence from the data, video, and other aspects we examined, confirmed that the act was intentionally executed by those individuals. This indisputable fact compelled us to respond. We cannot allow teams to deliberately alter the final outcome.

“Without a doubt, we are extremely vigilant for the playoffs. If this had been the deciding factor for the 14 [Briscoe] to enter the Round of 8 or not, it would have certainly been more significant.”

NASCAR announced on Sunday that even if Custer and his team had intended to aid Briscoe, it wouldn’t have impacted the Round of 8 lineup as Briscoe appeared to be progressing regardless. Instead of penalizing the outcome, Miller stated that NASCAR is penalizing the intent.

“You can’t ignore involvement and instruction over the radio that is clearly nothing else,” said Miller. “Can we label it as teamwork? Certainly, teams collaborate, they draft together, and do various activities as a team. However, overtly pulling over and altering the final order on the last lap is what crosses the line, especially with directives coming from the pit box.”

Miller mentioned that there had been talks about suspending Custer, but it wouldn’t have been consistent with past decisions.

“Miller stated, “The likely reason for the absence of a suspension is due to extremely egregious actions that eliminated other competitors or conduct that was utterly intolerable. Not that the current incident was acceptable, but historically, we’ve only benched a driver for dangerous actions or behavior of that sort.”

“We did take that into account, but chose not to proceed due to the previous standard we’ve established for benching drivers. It didn’t seem to fully align with this situation.”

Stewart-Haas Racing has signaled its intention to appeal the penalty.

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