NASCAR waiver rule frees drivers to chase titles, preserve health
Kyle Busch will miss his 11th Sprint Cup Series event of the season Saturday night, at Kansas Speedway, and his return date is still uncertain.
But when he comes back after recovering from a broken right leg and left foot — injuries sustained in a February crash at Daytona International Speedway — Busch could still have a chance to win his first championship.
Two years ago, that would have been impossible. It's not now.
NASCAR's medical waiver rule, a wrinkle in the revamped Chase for the Sprint Cup format, has allowed drivers to focus on their health without ruining their seasons.
That's a dramatic departure from the days when drivers used to gamble with their well-being in order to stay in the car, knowing one missed race could be the difference between champion and also-ran. They would sometimes start a race and then turn to a relief driver, thus pocketing the points. Others tried to tough it out, a questionable decision for long-term health.
And this wasn't some bygone era. Just two years ago, Denny Hamlin suffered a broken back at Auto Club Speedway but returned to start at Talladega Superspeedway just five races later. Hamlin wouldn't have done that today.
"When I had my back injury, I would have sat out way longer than I did," he said. "We tried to hurry and get back so I could get top 12 in points. It for sure would have allowed me to take some time and made sure it was right before I came back. It would have changed what happened to me."
The new Chase rewards race winners with a playoff berth as long as they're in the top 30 in the points standings and have attempted to start every race. But if there's a legitimate reason why they can't start, NASCAR can excuse the absence under its "Except In Rare Instances" clause (EIRI). Of course, they still must win one of the 26 events before the 16-driver Chase field is set in September.
When Busch spoke with reporters last month, he said he hoped NASCAR would waive the top 30 requirement in addition to his missed races, since he believed that rule was to prevent a non-regular from taking a Chase spot with a fluke win.
"Do I hope that NASCAR takes into consideration (his team is) a full-time team that is to be eligible for Chase competition at the beginning of the year?" Busch said. "Certainly I hope they take that into consideration for the top-30 rule, but obviously that is left up to them."
NASCAR has never waived the top 30 rule, but has granted three exemptions since the rule was created: Tony Stewart, who missed three races in August following the death of Kevin Ward Jr.; Brian Vickers, who missed two races while recovering from heart surgery at the start of this season; and Kurt Busch, who was benched three races for his alleged involvement in a domestic violence incident. (Kyle Larson missed a race in March after fainting but did not require a medical waiver since he qualified the car.)
Hamlin has some first-hand experience with the new rule. Last year, doctors held him out of a race because of what was thought to be a severe sinus infection. It turned out to be a piece of metal in his eye. Hamlin still made the Chase thanks to a win at Talladega and remaining in the top 30. He advanced to the four-man championship race.
"It's not anyone taking advantage of the rule — it's people doing the right thing," Hamlin said. "Drivers have raced with injuries in the past and toughed it out, but we're running speeds faster than we ever have been and hitting walls faster and harder than we ever have been.
"This rule was set out to protect us from injuries and it's done its job."
Encouraging smarter choices
Before the Chase Era, missing a race would have been crippling to a driver's championship hopes because every race mattered.
Ricky Rudd once famously duct-taped his swollen eyes open. Rusty Wallace drove at Sonoma with a broken right wrist and black eyes, missing his gear shifts.
"I remember thinking to myself, 'I'm in this thing because they made me do this,'" Wallace told Paste BN Sports. "OK, nobody makes you do anything. But you kind of get made to if you're going for a championship. You have to do it.
"If I'd had the option to get out of the car for a couple weeks while I'm healing up, I would've definitely taken it."
John Bobo, NASCAR's managing director of racing operations, said the rule is working as intended.
"We've been really glad to see drivers and teams make smart choices about their health and we're glad NASCAR can provide the framework to make that happen," Bobo told Paste BN Sports. "It's definitely a win-win."
PREVIEW: What to watch in Sprint Cup race at Kansas
Much of the policy depends on doctors' advice — whether that's a driver's personal physician or the medical staff at the infield care center for each race.
If a doctor says a driver can't race, the driver is out. And that driver cannot return until a qualified medical professional gives approval to race without any restrictions – no more getting back into the car with broken bones.
"They have to come back and they have to be ready to perform at the highest level of our sport," Bobo said.
But some drivers would still try to tough it out if a doctor could be convinced to let them race. Brad Keselowski broke his ankle in 2011, then raced — and won — at Pocono Raceway four days later.
Keselowski said he would have done the same thing today.
"I wouldn't have skipped a race," he said. "Hell no. Unless the doctors told me I couldn't drive, I was going to run the race. That was a way of showing my team how committed you are to them. I wasn't going to give that up."
Still, Keselowski praised NASCAR for having the rule in place. He noted officials have been criticized for the EIRI policy because it makes for inconsistent decisions in situations that appear similar, but sometimes "that serves the sport very well," he said.
"And in this case, undoubtedly it does (serve the sport well) in having the flexibility to determine what's right and what's not right in light of unforeseen circumstances," he said.
Said Bobo: "The 'Except In Rare Instances' has a lot of wisdom in it, in that life happens. We can't anticipate what those things are going to be. This gives us a good framework to deal with the unexpected."
Embracing policy
The rule requiring drivers to appear at every race isn't about competition as much as fans. Tracks sell tickets and TV networks pay big money with the assurance a star driver will be in the race. NASCAR doesn't want drivers to be able to take a vacation or not show up because they want a break like tennis players or golfers sometimes do.
"I wouldn't say it's more leeway (for a driver to miss a race), because it still has to be the right cause," Larson said.
Carl Edwards said every driver wants to race, but now that they understand there's an option if they need to sit out due to injury — and that option could help them heal and still leave them in solid position for the championship — then any competitor would take it.
"If you had a good reason where missing a race might be better for your overall chances at winning the championship, whether it's health or something like that, then now you can actually look at that as a real option," Edwards said. "I think in the end, that's probably good. If somebody doesn't feel like racing for any reason then having the ability to not do that, that's nice."
There seems to be universal agreement in the garage the policy is positive. But the extent of it is still up for debate.
"It's not like they are just saying 'Oh, you're in it,'' said four-time champion Jeff Gordon, who has started every race of his 24-year career. "You have to earn your way in by going out there and winning races or being in the top 16 in points or whatever it is going to take this year."
When Busch returns, there will be much discussion about how NASCAR should deal with his situation. Bobo declined to comment on the status of NASCAR's thinking on the issue, citing medical privacy concerns. Busch's injuries were made worse by the lack of a SAFER barrier on the concrete wall where his car hit — which NASCAR took partial blame for — but getting a waiver for so many missed races might be tough for some to digest.
"I'm all for a driver that's hurt getting out of the car and not being penalized for it," Wallace said. "I'm personally not big on it going on for a long time, with someone being out of the car and still having the eligibility to go out there and win a championship.
"Something just doesn't seem right about only competing two-thirds of the year and still being able to win it. Four or five races is one thing, but more than that, I think we've got an issue."
Follow Gluck on Twitter @jeff_gluck
PHOTOS: Key moments in the 2015 NASCAR season