Racer's huge reprieve as disqualification overturned

National Trans Am Series title favourite James Moffat has been given a reprieve after successfully appealing a massive penalty.

Moffat and primary title combatant Lochie Dalton were scratched from the results at Winton Motor Raceway after it was found their cars had breached the technical regulations.

Moffat initially lost his sixth, third, and second place finishes while Dalton copped the biggest blow by ceding all three of his race wins.

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As a result, Moffat dropped to seventh in the standings while Dalton was eighth. However, that disqualification has been overturned on appeal and Moffat has been reinstated at the top of the series standings on 921 points over second-placed Dalton on 894 points.

The National Trans Am Series runs to a parity formula in which all cars are identical, notwithstanding cosmetic differences between Ford, Chevrolet, and Dodge models.

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After the issue was brought to Motorsport Australia's attention, an investigation tribunal was established and it initially found the cars were in breach of series' regulations that prohibit modification of vehicles and the use of non-controlled components unless otherwise specified.

Both cars, No.34 and No.45, were found to have run an unapproved throttle pedal support, which is seen by some to be an advantage in the process of heel-and-toe. 

The primary objective of the modification according to the team was to aid smooth downshifts as well as reducing axle tramp and rear locking.

Garry Rogers Motorsport had developed the part and used it in-race during the first three rounds of competition. A statute of limitations means the penalty can only be applied to round three.

The category management under the Australian Racing Group, governing body Motorsport Australia, and vehicle importer PBR all approved the modification. Competitors were not told of the testing taking place.

In the tribunal's findings, "an apparent misunderstanding" was to blame for letting the cars race with the modification. However, the tribunal found there was no reason to depart from the series' regulations which necessitated a disqualification for such a technical infringement.

The modification was not made aware to scrutineers, who would likely have found the cars to be in breach and allowed them to race but given a "minor ineligibility form … on the basis that the otherwise unpermitted modification was not performance enhancing."

Catch race one of the TCR World Tour and National Trans Am Series live and free-to-air on 9Gem and 9Now from 2pm on November 4.

The team argued there was no performance advantage as a result of the modification. Garry Rogers Motorsport reasoned there could not be an advantage for Dalton in particular given he brakes with his left foot and therefore cannot heel-and-toe.

After being disqualified, Garry Rogers Motorsport appealed the decision. In Motorsport Australia's findings released on the eve of round six at Sydney Motorsport Park, the team did not at any point make clear during the initial trial that the cars competed at Winton Motor Raceway without the offending part.

Motorsport Australia found the team to be in breach and only at that point did Garry Rogers Motorsport say it had not raced with the part at Winton Motor Raceway.

Garry Rogers Motorsport argued that its representative had not appeared before a tribunal before and "lacking experience, he did his best by responding to the issues that appeared to be the ones that interested the tribunal rather than instigating issues for investigation himself."

Garry Rogers Motorsport's chief mechanic of 24 years was called who confirmed the parts had been removed from the respective cars before qualifying and the race.

James Moffat was also called upon to give evidence. Although he confirmed he didn't actively look to see changes had been made to the pedals, he noted they felt different than before following the revision.

Motorsport Australia's five-page findings read in part, "Going to the cogency of that evidence, the reason given in submissions for Mr Millard so instructing was the emergence of a degree of what might be termed "paddock chatter" about the modified components.

"Unsurprisingly, a team faced with such a scenario will decide to remove the potential for controversy. As a result, the cars ran in qualifying and in the actual races with the original authorised components."

https://twitter.com/SpeedSeriesAU/status/1720211332488913088

The findings continued, "Having regard to how GRM conducted its case, the members of the Investigatory Tribunal were right to decide the case in the way that they did.

"The inference they drew was clearly open to them and properly drawn on the evidence that was then before them. No other decision could have been made.

"However, it has now emerged that there is conclusive evidence that the cars were compliant when they qualified and raced at Winton.

"The reason why the case was conducted in the way it was conducted was due to the inexperience of GRM's advocate.

"That is not a criticism of Mr Millard, who obviously found himself in an unfamiliar environment in a role for which he had limited experience.

"Generally, a party to a proceeding must accept a result that comes about because of the way that party has conducted its case.

"But that general rule should not affect the fundamental principle that, ultimately, competitors and the sport's supporters expect that the right decision should be made.

"The evidence that has now been led demonstrates beyond doubt that GRM's failure to lead the evidence has resulted in a miscarriage of justice that cannot be permitted to stand."

https://twitter.com/StanSportAU/status/1720221787399520628

The National Trans Am Series continues at Race Sydney as part of the SpeedSeries under lights at Sydney Motorsport Park on November 3-4.