“I don’t know if I am missing something or if there was something different than normal.” Josh Berry scratched his head after a super-early ejection from last weekend’s race. The Round of 12 opener at Kansas Speedway started with a round of fireworks. Ty Dillon contacted Harrison Burton, tipping him directly into the No. 4 Ford and causing it to spin around.

Berry could not move his car due to the multiple flat tires. After some confusion, NASCAR finally brought the hammer down on the Stewart-Haas Racing team. Although Berry’s crew chief, Kevin Harvick’s former ally, Rodney Childers, was furious about this arbitrary measure, and now even Dale Earnhardt Jr. has carved out reasons to back up NASCAR’s decision.

Dale Earnhardt Jr. picks the higher-ups over Berry

NASCAR instituted the Damaged Vehicle Policy in 2017, put in place when the steel-bodied Gen 6 cars were still in use. This policy allows teams seven minutes to repair damage incurred and meet minimum speed following the conclusion of those repairs. When Ryan Blaney’s No. 12 Ford incurred issues during the first lap at Watkins Glen, the team towed back the car. But since the repairs took too long, NASCAR did not allow him back on the track. At Kansas, NASCAR did not allow Josh Berry’s team to even repair the car, as he was involved in a multi-car incident.

Although Rodney Childers thundered at the sanctioning body, Dale Earnhardt Jr. offered reasons to calm him down. On the October 2nd episode of The Dale Jr. Download, the veteran admitted that “this is such a sticky thing, man.” But he continued, “Agree or disagree, the rule’s the rule. It’s not a new rule.”

Then Junior also cited a previous instance that is one reason for the rule’s existence. He said, “Before the damaged vehicle policy, our race teams had crash carts…with all front, rear suspensions – every single part that could be bent or torn up…weighing hundreds of thousands of pounds…You had a complete fender, nose kit, body pieces, bumpers, and tails on a different cart. So two crash carts per car, per team hauling up and down the road in these haulers. NASCAR eventually said, no more changing engines.”

Dale Earnhardt Jr. further pointed out another reason, saying, “Also, you have cars out there that were so badly damaged, running so slow…And NASCAR was trying to get those cars off the racetrack.” He also suggested that NASCAR executives may look into the matter soon when they have time in the offseason. “I feel like this is something that they’ll probably look into. I mean, they’re not gonna change the rule today…after what happened to Josh. They might if they found a really easy solution.”

And NASCAR is actually rolling up its sleeves to find some kind of fix to this dilemma.

Racers can look up to the next season

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The sport’s executives are already under a lot of fire for a lot of reasons. Ranging from a questionable charter deal to Goodyear’s failed tire experiment, NASCAR is working on a range of projects. But since racers are their assets, taking on another project would not be a big thing. Both Ryan Blaney and Josh Berry faced heartbreak as officials did not give them another chance to drive. While Blaney is in the playoffs, Berry is outside with poor results, having finished 22nd or worse in the last seven races. But even then his crew chief, Rodney Childers—a respected veteran in the garage—said NASCAR did a “scr-wed up” thing.

So executives are not turning a deaf ear to these complaints. Brad Moran, Cup Series Managing Director, said: “It’s, again, something we’re going to review over the winter and it may change.” 

Moran also added that the Next-Gen car would also be under heavy scrutiny, as it is the reason why the mishaps occurred in the first place. “We’re learning, every time it goes out there, different ways this car reacts. It certainly reacts a little different in incidents and crashes. And there’s certain parts on the car that are a little weaker, but there’s definitely many parts that seem to hold in a lot better, obviously, being the body for one, which changes the game. We’re going to go back. We looked at it last offseason. We’re going to take a much harder look.”

For now, both Josh Berry and Ryan Blaney’s teams have reasons to chafe under the existing rule. But if Dale Earnhardt Jr.’s assumption is correct, we will see a modified rule by next season.