"This met the shape, and it met the height, and we don't check at track the offset of the spoiler because it's supposed to be a standard part that bolts to a standard deck lid", Miller said.
Spoilers will be checked at Phoenix this weekend, Miller said, and NASCAR will likely ramp up its penalties next year.
After recent race victor Kevin Harvick was docked 40 points and had his automatic berth into the next round of the playoffs taken away as the result of a non-compliant spoiler, NASCAR senior vice president of competition Scott Miller essentially told teams to knock off the amusing stuff.
Greg Zipadelli, vice president of competition at SHR, said the team will not appeal the penalties.
As the victor Sunday, Harvick's auto was one of the vehicles taken back to NASCAR R&D Center for further inspection. Harvick keeps the win at TSM but it no longer guarantees him a spot among the championship four in the season-ending race at Homestead-Miami Speedway on November. He is only three points above Kurt Busch, in fifth place. "We will not appeal the penalty".
"We work tirelessly across every inch of our race cars to create speed, " Zipadelli said. "We will direct our immediate focus to this weekend's event in Phoenix and control our destiny on the racetrack". However, NASCAR believes the No. 4 team actually manufactured its own spoiler and passed it off as the standard one - except the illegal spoiler was offset to the right in relation to the center of the auto, which was "definitely (an) aerodynamic performance (advantage)", Miller said. Johnson was sent to the back of the field because NASCAR believed his auto failed inspection three times, but he had failed only twice. He added the penalties and consequences for teams who bring cars that don't pass inspection or fit within the rules will be increased next season to a harsher level.
NASCAR later allowed Miller to answer questions about Harvick's penalty because of the magnitude of the situation.
Miller said that series officials did look into if the infraction was an L2 penalty, which would have been a 75-point penalty, six-race suspension and fine of between $100,000 and $200,000 but determined that the infraction was an L1 penalty. Both drivers were already eliminated from the playoffs in earlier rounds. Jones crew chief Chris Gayle was fined $50,000 and vehicle chief Jason Overstreet was suspended the next two races. Inspection was on Tuesday, and the teams do the actual teardown themselves. Harvick has seven wins in his last 12 starts at Phoenix and nine wins in 31 starts overall.