It’s easy to be a bit confused on what’s going on with Jeremy Mayfield’s case against NASCAR and the hearing Tuesday scheduled in the U.S. Court of Appeals.

After all, the drug test in question was taken May 1, 2009.

At one point, a federal judge wrote in an opinion: “This litigation has been extraordinarily and unnecessarily contentious.”

How’d it get so extraordinary and so contentious? A thorough look at court documents can help answer to those questions:

What are the basics of the case?

NASCAR says that Mayfield tested positive for methamphetamines on a random drug test administered May 1, 2009 at Richmond International Raceway. NASCAR suspended Mayfield, and he remains suspended as of today. Mayfield sued NASCAR for breach of contract, negligence, defamation, and unfair and deceptive trade practices.

Mayfield argues that the test is a false positive for a mix of over-the-counter allergy medication Claritin-D and attention deficit hyperactivity disorder medication Adderall. NASCAR and its drug-testing laboratory, Aegis Sciences Corporation, dispute that claim. Mayfield argues that because NASCAR required that a laboratory certified to do drug testing for federal employees do the testing of NASCAR drivers and crewmen, it must follow the procedures outlined for federal employees. NASCAR says it doesn’t have to follow such guidelines.

Mayfield also alleges that, at the time, NASCAR’s failure to have a comprehensive list of drugs made the policy too broad. NASCAR has since created a comprehensive list of what drugs violate the policy but also indicates that the list is not all-inclusive and if there is any question on whether a driver should take a certain drug, the policy states that the driver should check with NASCAR first.

Why should NASCAR fans care?

Obviously, fans of Mayfield would like to see his name cleared and NASCAR to pay for wrongly accusing him. But at the heart of this case is NASCAR’s ability to police the sport from the basics of its substance abuse policy to any safety matter in general.

NASCAR believes it should be able to take any measure it needs to in order to conduct events safely, and that means suspending a driver if it feels the driver is dangerous. It’s a matter of the rights of a driver to compete versus the rights of NASCAR to conduct its events in a safe manner. NASCAR warns in court documents that a Mayfield victory, “Invites the unthinkable: that a driver who tested positive for banned substances could simply declare himself fit to race and litigate himself back onto the track.”

Why is Mayfield continuing to fight NASCAR?

He says in court documents that this fight is an “attempt to regain the reputation and livelihood wrongfully stripped” by NASCAR. NASCAR believes he is trying to “extort a settlement” out of the sanctioning body.

Since his suspension and losing out on the ability to race in NASCAR, Mayfield has been the subject of several lawsuits for failure to pay bills (including North Carolina state income taxes) with judgments against him of more than $2.08 million, which includes a $1.36 million loan that came due. His property is being foreclosed on, making the entire $2.387 million left on his mortgage due. He also owes more than $109,000 in property taxes.

If NASCAR is found to have violated the law, Mayfield could use those financial judgments against him as proof for damages.

What decision is being appealed?

On May 18, 2010, U.S. District Court Judge Graham Mullen ruled on a NASCAR motion for a judgment on the pleadings – meaning that he had to consider the basis of Mayfield’s complaint as the truth. Mullen ruled in favor of NASCAR, that Mayfield couldn’t sue because of waivers he signed on the basis of NASCAR’s administration of its substance abuse policy. Mayfield signed those waivers as part of the standard NASCAR-driver agreement.

The judge also indicated that NASCAR did not have to follow drug testing guidelines that cover federal employees and questioned whether Mayfield had evidence to back up his claims.

What is the reasoning behind Mayfield’s appeal?

He argues that the waivers are not applicable in this case because NASCAR and Chairman Brian France acted in a negligent, willful and malicious manner and were reckless in their statements. He also wants to introduce new evidence that he said shows France had him parked during the 2006 Brickyard 400, which would show that France had a vendetta against him. France denies those claims.

Finally, Mayfield argues that with this ruling prior to the trial phase that he hasn’t had a chance to thoroughly investigate and present evidence to prove his case.

If the judge ruled on this in May 2010, what’s taken so long?

Federal courts in general don’t move fast. When the original decision was made in May 2010, Mayfield couldn’t immediately appeal because NASCAR’s countersuit of Mayfield for fraud – saying that by racing with drugs in his system, he falsely implied he was complying with NASCAR rules – was still pending.

NASCAR had to drop its countersuit for the appeals process to begin. The appeal hearing was originally scheduled in November and December, but was postponed because of attorney conflict – NASCAR’s attorneys, including the well-known David Boies, are involved in a federal lawsuit where Oracle is suing Google.

Didn’t Mayfield win the case at some point?

On July 1, 2009, Mayfield won an injunction to be allowed to race as Judge Mullen ruled that NASCAR could do a hair test or another test to determine whether he was still a danger on any given race weekend. NASCAR appealed the decision on the injunction, and asked that the Court of Appeals to lift the injunction until it could hold a hearing.

On July 24, the Court of Appeals agreed to reinstate Mayfield’s suspension until the appeal hearing. In the meantime, Mayfield took another drug test that NASCAR said also tested positive for methamphetamines while Mayfield said he took a test the same day that was not positive for meth. Mayfield eventually dropped the injunction request to speed up the process toward trial.

What will happen Tuesday?

Attorneys for NASCAR and Mayfield will argue their case and answer questions from a panel of three judges. The judges, who are part of the Fourth Circuit Court of Appeals, will not be revealed until Tuesday morning.

Will Mayfield take the stand?

No. There is no witness testimony. Just the attorneys will speak.

When will a decision be made?

There is no deadline for a decision. It could come in February but more than likely in March or April.

What happens after a decision is made?

If NASCAR wins, Mayfield can ask for a hearing in front of all the appeals court judges (there are 15 in all). If that request is denied then Mayfield would have 90 days to appeal to the U.S. Supreme Court.

If Mayfield wins, NASCAR can ask for a hearing in front of all the appeals court judges or the case goes back to district court to proceed toward trial, but a trial likely wouldn’t happen soon. NASCAR most likely would then file a motion for summary judgment where both sides would start submitting more evidence to back their claims, and the judge can weigh the strength of the evidence when making a decision.

What about Mayfield’s recent issues?

On Nov. 1, Mayfield was arrested for possession of 1.5 grams of methamphetamine. He was charged after a search of his 388-acre property, a search where police state in court documents that they seized approximately $100,000 worth of items they believe to be stolen.

The investigation into the stolen goods – Mayfield has denied knowledge the goods were stolen – is continuing. As far as the meth charge, that case is still pending in North Carolina Superior Court.

 

Robin Miller mailbag:

Q: I just read Marshall Pruett's article about a potential shortage of engines to fill the grid. He brought up a lot of good points, including how Chevy, Honda, & even Lotus are living up to their end of the agreement, based on the grid size estimated when the deals were brokered. Now that the grid size may exceed the earlier estimate, the possibility exists that teams not already signed might have to pay $300K more than the $690K that Penske, Ganassi and Andretti. I know it's supply & demand, but some of the have-nots have been trying for some time to sign a deal. Not so worried about the latecomers, but why should Sarah Fisher have to pay 40% more than The Captain? First off, in hindsight, the number of engines required should have been tied to the number of DW12's manufactured and sold. Teething pains for the DW12 aside, the performance really suffers without a powerplant. For a series that has struggled mightily as of late, the idea of turning away entries is mind-boggling. That having been said, and without trying to turn socialist, how about if Randy B got together with the teams and said "Hey guys, let's discuss a change to the lease deals where these other teams get a chance to compete, deliver more sponsors and fans, without getting soaked for an engine deal?" Maybe Roger, Chip, and Mike agree to an extra $100K per lease, the small guys agree to the extra $100K, and the cost of the engines is leveled out. The field overall is strengthened, the drivers have rides, and life gets better. MLB & the NFL have revenue-sharing to help small-market teams compete with the Yankees, etc., so the concept is hardly new. Do you think that this could work for INDYCAR and do you think enough owners would agree to the concept?

Racing Dave, Vero Beach, FL

RM: First off, it sounds like everyone with a car will have an engine by the end of this week and not being able to supply a team with a motor would be a PR nightmare. Having said that, it’s not fair that Sarah or Ed spend more money than the Big 3 and that’s why a lottery would have been more fair but the manufacturers didn’t want one. On the flip side, GM, Honda and Lotus are investing big money in INDYCAR and probably deserve to pick and choose. It sucked when only a chosen few could get an Ilmor or special Cosworth in the CART days but nothing about racing has ever been fair. I like your suggestion about revenue sharing but obviously you’ve never met Chip or Roger.

Q: I'm laughing at the complete lack of historical knowledge on display by the comments and reactions to the engine supply snafu...allow me to elaborate. My guesstimation is that 80-85% of entries for Indy car races from 1972-1978 had Offy engines. And, from 1979-1988, 90-95% of entries had Cosworth engines. Engines built by companies that were only in business to build racing engines. No manufacturer involvement...or very little...during that entire period of Indy car racing. I know the 70s was a struggle but the Indy 500 kept a predominately oval series alive just long enough for the owners to form their own series. And yes as dysfunctional as CART became, those first 9-10 years saw tremendous growth in terms of paying fans, television viewership, and sponsorship deals. And that was because they had a kick ass product on track and because the series diversified the schedule. We witnessed the fantastic chassis battles throughout this period and saw the creation of that wonderful mix of ovals, street and road courses that defined Indy car in that short peak period leading up to the split. Amazingly enough this all happened during a period when there was NO MANUFACTURER INVOLVEMENT! So essentially for 17 years there was a spec racing engine. And yet this spec racing engine era produced the bulk number of wins for drivers like Mario Andretti, Al Unser, Bobby Unser, Rick Mears, Tom Sneva, Johnny Rutherford, Gordon Johncock, etc...it was the prime era for all the greats that we hold on pedestals. And it was a period that saw the series develop into the pinnacle of racing worldwide. So why does everybody think that engine manufacturer involvement is part of IndyCar’s salvation?

Chris M., Long Beach, CA

RM: CART’s heydays were in the ‘90s when Honda, Toyota, Mercedes and Ford (ya...with hardly any Americans racing in the series! - JD) were all throwing money at the teams and the series. It’s great to have manufacturers but the trick is to not let them call the shots, like they eventually did in CART and then the IRL. But, when everybody bails, Honda has equity as well as leverage and it’s hard to tell them no. In this economy, INDYCAR needs General Motors, Honda and Lotus to sell them cheap engines and also help with marketing. I hear what you’re saying but manufacturers can be a valuable asset when properly managed.

Q: Of course with Oriol Servia getting signed many fans have breathed a huge sigh of relief. It seems INDYCAR doesn't do much with silly season. Where is Takuma Sato going to land? How about Alex Lloyd? Bruno Junqueira? Buddy Rice? Ana Beatriz? How about the AFS #17? Are Saavedra and Conquest coming back full, part, or not at all? These drivers all seem left out in the cold (or maybe I was when they announced their plans?).

Man with Many Questions

RM: This silly season has been a strange one. Earlier this month I wrote the story on Justin Wilson going back to Dale Coyne a few days before writing that Servia was signing with Dreyer & Reinbold but we’re still waiting on JWill’s announcement. Is Paul Tracy going to be his teammate with Honda engines? We think Sato is going to Bobby Rahal but no word on the other drivers you mentioned. Eric Bachelart is going sports car racing, for sure, but not scheduled to be at INDYCAR spring training in Sebring.

Q: I remember during the CART days there were always comments and complaints about boost limits and popoff valves. So far, I haven’t heard anything like that this time around. Are the engine controls sophisticated enough now that those problems are behind us? As for positioning the popoff valves, I’m sure Mr. Foyt would be glad to give his advice on where to place them.

Mike, Overland Park, KS

RM: Well we had different boost for different engines at Indy back then and sometimes those USAC officials got a little confused as I recall. Too early to say what might happen this May but I imagine if there was a huge disparity, the INDYCAR might look at evening things up.

Q: Good God Miller, it’s the end of January, are we ever going to get a schedule? I don't even hear an anticipated date of it coming soon?? Surely they realize that corporate America puts next year's budgets together in Sept and Oct??? What are we waiting for???

Michael C. Flynn, Irvine, CA

RM: Working on Milwaukee and maybe one more venue to get to 17 races.

Q: I’ve been reading a lot of comments about the lack of ovals, but in the 2012 schedule there are only three natural terrain tracks. Being open minded and considering Mid-Ohio the only one of them properly suitable for Indy cars, Sonoma and Alabama are more of a bike kind of tracks. Not ranting here, but what are the real possibilities to try some permanent tracks other than the obvious (Road America, Montreal, Watkins Glen) but Portland, Laguna, Mosport, Road Atlanta or even Mexico City?

Alan Perea, Monterrey, Mexico.

RM: Let’s face it, all the road courses in the USA are old and Mid-Ohio and Sonoma are looking at ways to improve the racing for today’s cars and tires. Love to see Mosport and Road Atlanta and, naturally, Elkhart Lake and The Glen but it all boils down to being financially viable.

Q: I've been an open wheel oval track fan since 1964 when I saw my first Indy 500 at the age of five. A member of my family has been at the race every year since 1946 when my dad bought tickets in Grandstand E for the first race after WWII and the beginning of the Hulman era. Circle tracks, dirt and paved, are in my family's blood, from the local fairground to Salem and Terre Haute to Indy. Road racing is OK until the second or third turn of the first lap, then it's like watching a circus parade until the last lap when, once in a great while, there are two cars within sight of each other at the finish. Since 2002 I have been at every race held at Kentucky Speedway, including last year when Ed Carpenter won by a few feet. The racing has always been close and exciting from the green to the checkers with some wild finishes. With the exception of Justin Priestley's practice crash in the Lights series, there have been no crashes resulting in serious injury to a driver, crew member or spectator. Attendance has always been, while not a sellout, better than decent. That said, what was the reasoning behind IRL's dropping Kentucky from the schedule? Now the only race within an affordable, reasonable driving distance for us working stiffs in the area is Indy.

Mark McKee

RM: The crowds were pretty good the first few years but have really fallen off the past three and it was sparse last fall. If it made money I’m sure Bruton Smith would have wanted to stay on the schedule but the NASCSAR race and date put a hurt on the Indy car weekend. Just get ready to go back to Milwaukee.

Q: It seems that over the last several weeks whenever the issue of additional ovals comes up, I hear some comments about Rockingham Speedway. Is this just some wishful thinking, or is there something to it? It would seem to have a lot going for it - the one-mile size, a fair amount of infrastructure in place, an enlightened independent owner in Andy Hillenburg, and a location in the South in close proximity to a large, knowledgeable fan base who is still chafing from being abandoned by NASCAR when it decided to expand from its regional roots. Yes, the track is in the "boonies", but so is Newton, Iowa and Watkins Glen. Knowing that INDYCAR will probably never return here to Charlotte, this would be our best opportunity to see the open wheel cars in our area.

Fred Hunter, Charlotte, NC

RM: I mentioned it a few weeks ago when Rockingham installed safer barriers. It’s a racy little joint with only 35,000 seats which would be perfect and Andy is a former USAC driver who loves Indy cars. But right now it’s just conversation in this column, although I got Andy’s phone number for Randy Bernard so hopefully they can discuss the possibilities.

Q: You correctly said that Milwaukee was always packed the week after the 500 before the split. Ah, the good old days. The place was electric. After, there was little to no connection between who was racing in the 500 and who was racing at The Mile. I'd love to see the race come back to The Mile next year (even though I'm out of state). I was one of those who actually paid to go the race last year, not one of the folks whining and complaining about the event and not showing up. But here's the deal: It cannot happen on Father's Day weekend again! There are always plenty of things going on in Beertown on any given weekend, but race weekend last year had Father's Day and other big events going against it. I was lucky enough to have an understanding wife and a son who wanted to go the race with me. But that day is one of the big family get-together holidays of the year. So even if IndyCar has all the race-day logistic wrinkles ironed out (and there were a lot of wrinkles), then the race will still be fatally challenged if held on Father's Day.

Dave, Wichita, KS

RM: Milwaukee was the only track that ever drew consistently for qualifying and being the week after Indy carried that natural buzz. You are correct, no Father’s Day and no 4 pm starts. But I think you’ll like what is likely going to happen this June. Stay tuned.

Q: I'd like to piggyback on Edwin from Portland OR about Indy cars in the NW. Being from Washington, I enjoyed Vancouver and Portland and I know why both folded. It wasn't the split, divine intervention or global warming. The greedy B!!!!!!'s who ran CART priced the product out of the range of most fans. Ticket packages increased 200% in three years and the body politic that was CART didn't help. Then when CART folded you could feel vacuum created by the loss all the way up Mt. Rainier. So here we are in the "new" economy with INDYCAR fighting for survival and no professional open wheel racing in the NW. I know any Indy car race up here could draw 20,000 to 30,000 RABID fans and be promoted to death. How do I know this? Because local TV, Internet and print promo's the heck out of our only Pro Series to make it up here, the NHRA. And at the local tracks all we SCCA nuts ever talk about is the return someday of great open wheel racing.

A.J. Stettner, Gearhead, Long Beach WA

RM: The promoters control the ticket prices, not CART, but the large sanction fee might have been the reason for the increases. I’d never heard that before but we both know when the Rose Festival and GI Joe’s were involved, Portland was a hit. I think Mike Neeley tried as hard as possible to keep it afloat but didn’t get much local support.

Q: Roads races are boring, we need more ovals. Understand that a "good" driver should be good at both. Why aren't ovals profitable?

Stephen Aldridge

RM: Basically just a lack of paying customers. If you pay $1-2 million sanction fee and then only sell 15,000 tickets (after spending X amount on promoting), it’s a huge loser – with or without a title sponsor.

Q: I was actually encouraged by Miller’s Mailbag of 1/11/2012 for two reasons. First that, in addition to the usual bitching and moaning, there seemed to be some actual realization that we are going into the new season with serious, capable leadership in place (Bernard in charge with Cotman, Philips and Barfield in positions of authority) and the promise of a full field of qualified drivers signed up for a full season for a change. Second, and most notably, several fans were actually suggesting a way forward. (My favorite: “My question is how would you suggest the local fan base get involved with this grassroots effort?”) In light of the issues that the promoters have struggled with mostly regarding ovals I think it would be a great idea for Randy to reach out to the fans in the various regions around the US and Canada to get their ideas and input on what would bring more fans to the tracks. Hire a tavern for a night, open the bar, set up a video connection to Indianapolis and invite a group of interested fans to show up with five ideas to improve the visibility of IICS in their area. Sure, a lot of the ideas from these ``focus groups” would be out-of-reach at this point but there are probably some gems out there that IICS could act on at current or future venues and drive up interest and enthusiasm for both the series and it’s events. I know that most of your Mailbag audience is already obsessed with IICS but they are also in-touch with the region that they live in and probably have some good ideas on what works and what doesn’t work in their communities. And, with the diversity present in Indy car racing these days, there are an awful lot of great storylines to pursue to bring in new fans, especially women.

Royal M. Richardson, Chester, NH

RM: I like your idea and CART used to have a Town Hall meeting or something like that which was popular. If the fans have a voice and IndyCar listens, it’s good for both.

Q: It's a great sight getting to see a few of the teams with their cars painted. I have to say it really does set them off. Yeah there are a few areas that would be nicer to change such as the ends on the side pods (fixable with 2013 aero kits) and removing the air box (unfortunately not happening). I've been keeping an eye on a few twitters from the drivers and have noticed they have a lot of positive feedback about the car. Of course the big teams like Ganassi, Penske and Andretti are going to be the ones to beat as always simply because they have the resources, but are there any teams you would say to keep an eye out for that may have some surprises? Maybe DRR, Dragon Racing, Foyt, etc...? Also I have read a few quick things about Milwaukee being back on the schedule this year. How true is this and if so I hope everybody that bitched about it not being on actually does go or watch. I really am looking forward to what the 2012 season has in store, especially once May rolls around.

Alan Bandi

RM: Justin Wilson, Bourdais, Rahal and Servia all developed the DP-01 in 2007 so I think they would be the sleepers, so to speak. Milwaukee is going to happen, that’s all I can say right now.

Q: Just looking at Graham's ride in full livery. Probably the best looking of the new car's I've seen so far. That said - this car is still a pig. It looks like the unfortunate love child of the old Dallara and an ALMS chassis. As much as I hate the bumpers, or wheel pods, or whatever clever name they've used to try and up the cool factor (ok... I'm an open wheel purist and son of guy who drove midgets around Kansas City in the 50's) - I think the worst feature may be that awful, enormous undertray. Bottom line... this car doesn't look cool... or graceful... or fast. It looks like a first year design student's semester project that got an "F." How much can new aero kits next year really fix an ugly foundation? How can this not contribute negatively to attracting new fans or just as importantly attract wayward, former, pre-split fans back. We all know how anxiously we awaited the first glimpse of the new cars each year in the CART heydays.

Alan Edmonds

RM: Yeah but it’s got a nice personality. Not sure what the new aero packages can do to help the looks but the new car has evidently been pretty quick in the road course tests so that’s a positive. If it races as well as it sounds, I’ll be happy.

Q: Why all the complaining about the look of the car? It’s a transition. It’s not perfect, but it’s a step. If the results at Wind shear told us anything, it’s that the only thing we have to fear is fear itself. But this complaining about the look is crazy. It’s like taking a woman home that is dynamite in bed and then lamenting that her breasts weren’t as large as her bra led you to believe.

Dan Wagner, Burleson, TX

RM: Racers love to bitch but I would like to commend you on an analogy that made Linda Vaughn smile.

Q: Okay, so maybe I hit the panic button too soon. A few months ago I got a little (okay, a lot) freaked out about the really slow 215 mph lap times at Indy with the new car. I just read where Will Phillip said the car could easily hit 225 mph with proper trim. Whew! I guess I should've had more faith in you and Will Phillips. However, I still disagree with your dismissal of breaking the track record to grow more fans. It's all about the car and speed in my opinion. NASCAR makes their drivers the focus because that's all they have to market. The cars are boring, look the same, and kinda slow compared to Indy. Ever since I was a kid growing up in the 70's it was more about the car than the driver. The "Johnny Lighting", the Interscope "Batmobile", the "Pennzoil Chaparral" and the bad a** Penske Mercedes in the early 90's. It's the cars and the speeds which truly separate Indy Car from other motorsports. Never lose sight of that.
Mike in Newburgh

RM: Will is a godsend for INDYCAR and it’s a damn good thing he’s on the payroll. I agree that cars and speeds made Indy popular for practice and qualifying but all I’m saying is that unless its 250 mph, I don’t think 230 or 235 would have any effect on bringing people back.

Q: I know this is like beating a dead horse, but the new Dallara makes the old chassis look sleek and makes the Panoz DP-01 look like something from a Ray Bradbury story. I saw in the concepts that this was the one of the least appealing choices, but I am sure someone’s computer design and engineering would have pointed to it being a brick. Was the IRL just that enamored with Dallara or were there other “considerations”?

Dino, New Hanover, Pa.

RM: I think it boiled down to Dallara being the only one willing to build a place in Indianapolis

Q: I have to admit Robin, the moaning and growing about the new car is getting old. I know that this is an impossible request because it seems like all old people know want to do is moan and groan about the good 'ol days. Well guess what, it was the old guys who got us into the situations that the series is in today. So here are a couple revolutionary ideas to dwell upon. Leave the engineers alone and let them work on the car because unlike other people, they are actually trying to solve a problem instead of sitting in a rocking chair on the front porch doing nothing. The car is not ugly IT’S DIFFERENT, it looks like nothing else out there and that's what the series needs to differentiate itself from other series. So it can't go a billion miles per hour, big deal, as long as the new car opens up the possibilities for more passing and parity amongst teams it will be great. All in all, looking forward to Memorial Day weekend because I won't be able to here old timers moaning because of those turbo V-6s!

Stephen Ciravolo

RM: Guilty, I’m an old timer and a bitcher but the new car and engines should provide some unknowns, which always makes racing more fun.

Q: Why has INDYCAR not released video coverage of the recent “shakedowns” at Sebring and Palm Beach? Daytona testing got big coverage. Why no love for the open wheel? Has SPEED had any coverage? I would be interested in the sights and sounds of the new chassis and engine testing. Heck, just to see some of that Florida sunshine would be nice. Saw the Super Bowl NFL Team IndyCars. They did a great job on those The Colts car is VERY sharp. I like that marketing opportunity.

Mike, Plainfield, IN

RM: We made an in-car video with footage provided from Panther Racing, and I think IndyCar.com has shown some footage and when SPEED CENTER resumes this weekend I’m sure we’ll have some footage.

Q: I have mixed emotions about the announcement that Katherine Legge will be coming back to open-wheel racing in 2012. On one hand, she’s got a great personality and brings some much-needed diversity to the sport. However, the last thing that INDYCAR need right now (especially after the tragic death of Dan Wheldon) is another road/street course specialist running around on a high-speed oval at 220 mph (and that includes Indianapolis). I'm sorry, but if I were one of the top brass in INDYCAR, I would be keeping a good eye on Katherine and other drivers with little or no oval experience. If those drivers appeared unsafe for one second or had any trouble getting up to speed on an oval, I would simply park them. I know that you can't get oval experience without racing on an oval, but things are different in the post-Wheldon era. That's sad to say, but I think it's the truth.

Jay Matheny, Mayfield, KY

RM: Katherine did lead some laps at Milwaukee in an 850-HP Champ Car but she does lack oval experience and is pretty rusty (four years out of open wheel) so she’ll need some time. USAC had the best system in the ‘60s and ‘70s because you had to run Phoenix, Milwaukee and Trenton before you could take your rookie test at Indianapolis.

Q: After seeing the testing ramp up this week, and seeming like the Lotus start has been trouble free, I'm really starting to get excited for some racing, regardless of course type. Also, it is good to see the field start to flesh out and hope that Dragon can be a player. Three basic questions for you: #1 - Has PT turned into some sort of renaissance man with these cryptic tweets? As he waxes poetic, I can't figure out whether good news is coming or not. #2 - No offense to Pippa Mann, as she's a great person and probably talented, but surely there is someone that can keep it off the wall that would be better suited for a remaining seat? It's all about competition right? (well, except for that money thing) and #3 - What is with the movement to black liveries? Besides the half dozen black Lotus cars, there's mostly black Penskes, Panther, Ed Carpenter, and I assume SSM. But, maybe we'll be surprised. I can't remember a time when the field was this much devoid of color (hiding the ugly-ness! - JD), which really enhances the spectacle.

Andy, Nashville, TN

RM: Tweeting and PT were met for each other and obviously he has fun with it but not sure if he’s going to back to Coyne like he hinted last week. As for Pippa, she got through Indy clean but crashed everywhere else and several drivers believe she should not have a license. Not sure about paint jobs—those were just a lot of cars in bare carbon fiber at the test. I’m sure they’ll get a fresh coat of paint.

Q: Just read your article on A.J. Foyt and Dan Gurney and I hope you are working on writing a book about each of these guys. You would do a good job with the task and as they are getting up there in age it would be a shame not to have that kind of history for the fans. I would give my left nut to be a fly on the wall just to hear the stories and quotes these guys have made over the years.

Mark Sundberg

RM: There have been a couple of lame books on A.J. (I thought Bill Neely's to be a must read for any aspiring racer or fan!!! - JD) and supposedly a good one was in the works but I haven’t heard anything lately. He asked me once why I hadn’t written one and I told him I couldn’t until he had passed on. He said why and I replied that he’d kill me if he read what I wrote about him. Gurney’s wife, Evi, is working on a huge bio and I hope it’s done by 2013 because I need to buy several for Xmas presents. Yes, both of their careers would be great reading.

Q: I was watching the NFC Conference game on FOX and saw an advertisement for the Daytona 500 (to be shown on FOX next month). Please tell me that with NBC showing the Super Bowl in two weeks that they will tie in their Indy Car coverage on their new NBC Sports Network channel. Especially since the Super Bowl is in Indy, it would just make sense to advertise the upcoming season on NBC Sports Network. Maybe even a shot of the new car at the Speedway.

Rich, New York, NY

RM: I can’t tell you that but it would be nice to see some kind of promo (although the season opener is on ABC).

Q: Now that testing is underway do you have any early predictions on who you think might be the champion is September or who's your pick for the 500? Any surprise teams that my jump up in the championship or which teams may get knocked down a step or two on the ladder? Also what is the likelihood of TK talking Jimmy into providing a car for the road and street courses for Rubens now that he is unemployed? After Hinchcliffe wins the 500 and the Championship this year (you know what a Canadian in the #27 Indy car can do, 1995 again) do you think he will head over to F1?

P.S When are you going to join twitter? Isn’t your attention span about 140 characters?

Dave in London Ontario Canada

RM: Way too early for any predictions, we need to see the engines for a couple races but I would think Graham and Marco and Hinch could make some noise. Don’t see Hinch headed to F1, he’s got too many women in North America. Can’t see Barrichello on ovals. My attention span is more than 10 characters and less than 50 so you are correct.

Q: It seems oval racing is still popular with fans at the sprint car and midget level. If this is the case why isn't it popular at the top level of the sport? Is it the quality of racing that Indy Cars provide or something else? I know the best actual racing action I've ever seen was at IRP (or whatever they call it now). I also think the demise of Thursday Night Thunder has hurt the chances of some of the hot shoes get looks from owners. That was the show that showcased Jeff Gordon among others. Secondly, in last week's mailbag you mentioned Gary B's comment that if Mike Mosley ever got a McLaren everyone else would be running for second place. If a driver of Gary's caliber felt this way why didn't some owner get Mike into a McLaren? I always felt Mike was just on the edge of that one big chance at an elite ride.

John, Akron, OH

RM: To be fair, nobody in CART tried to hire Jeff Gordon so that USAC train had already left the station for Indy cars by the mid-90s. But, yes, sprint and midget racing is the best thing on four wheels. Always has been and always will be. Mose was an introvert and not the type that Penske or Team McLaren was drawn to but he did drive for Jerry O’Connell, Dan Gurney, A.J. Watson and KRACO and gave them all good runs.

Q: While going through my library I came across Dick Wallen's book "United States Auto Club, Fifty Years of Speed and Glory." Found a picture of you racing a midget on Page 261. Please do an article on your racing career. How many years did you race? How many races did you drive in? What was your best finish? Who were some of the people you drove against? How many flips or crashes did you have? I think it would be a great story. Not many, if any, writers have the racing background you have. A book would be better. I'd bet it would be a best seller. I'll buy one sight unseen and money in advance.

Don Betsworth, Torrance, CA

RM: It would be a funny book because I did everything wrong and should have NEVER been allowed to own my own race cars. I’m still alive because my pals felt sorry for me and made sure all four wheels were on tight. I bought a midget from Gary Bettenhausen in 1974 and raced USAC until 1983. It was a great time because a lot of the Indy veterans were still running midgets and sprints to make ends meet. One of the first features I made was at Kokomo and 10 of the 20 starters were in that year’s Indy 500. Running second to Bubby Jones in a heat race at Little Springfield was a highlight and passing Mel Kenyon on the outside at Erie, Colorado. Never won a feature, led 45 laps at Salt Lake City before falling out of the seat and my best day came in 1980 at the Hut 100 when I qualified fifth and had a good battle with Johnny Parsons for third before blowing up. I think my best finish was fifth and I had my share of crashes because I did some stupid things. Kept running a Chevy II when everybody else had a Volkswagen and I was a mechanical moron, which didn’t help either. I was six figures in debt (no way!!! - JD) when I quit but no regrets, it was the best time of my life and gave me a great perspective.

Q: First, if IndyCar is looking for race sponsors, maybe they should take a page from NASCAR. Lots of "Chevy Dealer 500" and "Ford Dealer 500"'s going around. Seems like good advertising for a mere $1.2 million. Second, CART had a great support series in Trans-Am and it made for a great road course weekend. Wonder how we get something like that to return? Spin off part of the ALMS.

Jim, Apex, NC

RM: The Toyota dealers of southern California still sponsor Long Beach and Honda is a title sponsor for about five shows so maybe GM will join in. INDYCAR and ALMS should do doubleheaders whenever possible. Period.

Q: Since Michael Andretti is going to be on Trump's Apprentice show, what do you think the odds are that we can get Ganassi & Foyt on The Biggest Loser?

Joe (could stand to go on BL myself), Bloomington, IN

RM: I’ll suggest it to them.

Q: I just finished reading Dr. Steve Olvey's "Rapid Response" book for a second time, and wondered what he and Dr. Terry Trammell are doing these days? Are they involved in motor racing in any capacity? It seems to me that the Holmatro Safety Team does a good job, but does anyone have the background and experience that CART's safety team had back in the day? It seems that it was such a well-oiled machine back in the late 90s and early 00s, especially with the way they saved Zanardi at the Lausitzring. I'm also hoping Milwaukee does happen this year. My dad & I have gone every year since 1991, twice during the years that IndyCar and Champ Car both ran. What would you say the odds are at this moment for the race to happen?

David von Faulkenstein

RM: It’s a good read and really lays out how primitive safety was before Wally Dallenbach and Olvey did something about it. I believe Steve is on the FIA safety committee and Terry still goes to INDYCAR races. The CART crew with Lon Bromley, Dave Hollander and Company were the BEST ever and Trammell’s save of Zanardi at Germany was unprecedented. Milwaukee is going to happen.

Q: I agree the former Copper Classic was a great weekend of racing and needs to be revived, we have towed all the way from Ontario Canada to run a super in the 80’s, but Phoenix is not the right track any more the improvements would defiantly be dangerous for all as the speed would be increased and the cars would not be able to withstand the impact, Concord North Carolina possibly would be good but, no cars that reassemble TAXI CABS this means no doors roofs or fenders, possibly beside sprint, midget, Silver Crown and Supermodifieds.

JACK DARCH, Mississauga, ON

RM: Milwaukee would be perfect if it had the right climate because the Copper Classic was a great way to start the season.

Q: While I have great memories of Indy Car racing dating back to the early 1970s, and I enjoy reading about and watching videos of earlier eras, I know that what open wheel fans have today is quite different. Fans today need to attend events, invite friends over for racing parties on TV, and try to share what we DO have today. We barely survived the split, and bitching about how TK or Dario and the rest of the current drivers never pulled a left front off a dirt track isn't helpful. Neither AJ or Mario raced back in the 1920s on a 1.5-mile board track with 30-degree banking did they? The board tracks were faster than Indy in their era, and I think 3 or 4 Indianapolis 500 champions died on board tracks. Do people piss on AJ's record just because he didn't race the boards in "the good old days?" No way. Things are just different now, and the long past is gone. Can we try to work to get back to the recent past, maybe the great racing of the early 1990s of CART? That's a time I'd like to revisit.

Kevin S., Manhattan, Kansas

RM: Yep, these are the good old days for Dario, Dixon, Helio, TK and Power.

Q: I just finished reading Marshall Pruett’s article about Engine Supply and Demand. I think overall the IICS finds themselves in a good situation — they thought 18 to 25 cars, optimistically. Now we have a reality of 30 to 33 cars, that’s a nice problem to have. Especially since in ‘07 both series were struggling to field just 16 cars. Might the solution be a F1 type model? What I envision would be; Chevy, Honda and Lotus selecting “factory or anchor” team(s) (just like they have already done) and those engines are mandated to cost the $690,000 (and each supplier must supply at least 6 engines at that cost). Each team that would sign these engine contracts would have to sign to a 3 year term and help develop the engine with the manufacture. Then each engine manufacture could have a maximum amount of “customer” cars for a mandated cost of $1.2M, with a 1 year term. These would likely be the smaller teams that would be able to move to the more dominate engine year to year, thus giving them a greater chance to compete with the larger teams, thus making these teams more attractive to the manufacture. Which might spur said manufacture to sign some of the smaller teams to these “factory” deals. Under this arrangement you would still have a sliding scale of engine responsibility with a maximum representation of 40% of the field. This would ensure that each manufacture is well represented in the field and would still have their selected teams that would be responsible for the lions-share of the testing and engine development. I would also have the same rule of not allowing any custom or special engine pieces — if these pieces are developed thru the year then all of your factory and customer teams must have access to these parts at the same time. In the event of a new engine manufacture coming to the series — teams and manufactures would be able to renegotiate the term of the contracts to allow said new manufacture access to teams. (ex. Ford with an engine built by Cosworth comes into the series — KV and Chevy would be able to renegotiate the term of their deal thus allowing Ford to make KV a factory team, which would allow KV to leave Chevy and not having to compete with their own interest.) This also elevates the moral issue of a manufacture having to choose to take $1M from a team or turn them away and said team might lose sponsorship or the ability to compete due to no engine. Under this you would still have the proposed tier pricing, but you would have the term stipulations that might help some of the smaller less fortunate teams compete year to year. And still give the series the flexibility to add more engine manufactures, if needed. This might also ease the anxiety that the series and engine manufactures are feeling. The engine manufactures are anxious, since they don’t have the budget to field more than 10 teams for the $690,000 per engine price tag. The series being anxious, that if they mandate that Chevy and Honda pick up Lotus’s slack and filed extra teams thus putting a major strain on the budgets — which would mean money is reduced for each manufactures marketing budget. Meaning that the series doesn’t get maximum exposure — which could lead to one or two of the manufactures leaving the series in a few years. This would also elevate a problem that is brewing — contraction. It’s the nightmare scenario for the series, having to tell SFR and ECR that they aren’t getting engines and to go home — meaning you’ve lost two American programs with Fuzzy’s Vodka and Walgreen's as sponsors.

Josh from Augusta, GA

RM: I think Sarah is going to get a Honda and I hope Ed gets the Chevy he wants.

Q: I haven't had the desire to even think of writing after reading week after week of race fans complaining or raving about tracks, new management, new cars, new engines and the promise of an enhanced model in 2013. My question is so obvious that it seems stupid to even ask. How in the hell do we get interest back into OWR in the USA? The only legitimate OWR racing we have is sprint cars. Why? Great drivers, great rivalries, monster fast cars with 800 HP, continued innovation and tracks that the fans want to fill each race. With or without wings they are the best show in town. The drivers and cars have real sponsors that fans can identify with. I've been the first to rant about Tony George totally screwing up OWR as we have known it for years. I've been a diehard Indy Car enthusiast for decades. However when I think about those decades, I realized that even before the IRL the fans were drifting away to NASCAR in droves. We now have a series which only a handful of the populace even know is running. Ask anyone about the "Chase" and they immediately get going on Stewart, Johnson, Jr. and on and on. Ask anyone about Indy Car racing and all they can come up with is the Indy 500. So how smart or lucky was NASCAR to kick off their season with the biggest race of the year? If you watch TV you have been bombarded all year long with the upcoming NASCAR race, the chase blah, blah, blah! OWR is a ghost phantom series that shows up occasionally on Versus and ABC. No real promo or title sponsors that catch the people's attention. The gimmicks didn't work, so much for the lottery starts, double headers, free seats and the lady drivers. Who really gives a crap? The best idea for lady drivers was one that I proposed repeatedly all year long. A Powder Puff Derby if IndyCar really wants a double header. IndyCar milked the Danica thing to death and she bolted for NASCAR where we read about her preparation for Daytona every day. I'm sick of hearing that speed and track records don't count. All I've read this week is how the Daytona tests have hit speeds of over 200MPH. The thrill and excitement of the Indy 500 was who was going to break new speed records and sit on the pole. Now it's evolved to can Dallara come up with an oval car that anyone can drive? I think the real question is, does anyone care? With no breakthrough on series sponsors, TV coverage and viable team sponsorship. Is there any hope for OWR to survive? I don't think so.

Gary

RM: The first 2012 rant from Gary.

Q: Robin, there is so much complaining amongst IndyCar fans these days that the Mailbag has perhaps become the biggest buzz kill in racing...maybe in all of sports. If the sport was as big as NASCAR, the constant futile whining would rival college football fans whining about a playoff. The future of the sport is so much brighter than it was 5 years ago that the hate can only hurt the progress. Do people not appreciate just how long it takes to rebuild something that was practically destroyed? Can you imagine college football making such a drastic change that a USC-Ohio State matchup in the Rose Bowl doesn't sell out? Or horse racing doing something so detrimental that the Kentucky Derby stands are half-empty? That's essentially what happened to IndyCar. The Indy 500 is one of the most iconic American traditions, and the sport screwed up so badly that it has taken 15 years just to get close to being a sell-out once again. The sport is rebuilding. Not just a team, or a chassis manufacturer. The ENTIRE sport is rebuilding. That takes years. YEARS. Just 4 years ago we had 2 different open-wheel leagues. Four years later, we have a hot-looking car (you haters need to jump on board - the drivers love the look of the car), TURBOS are back, 3 different engines, new aero kits just around the corner, and a LOT of excitement amongst those who are making the changes at the top. PLEASE, fans, for the love of everything that is fast and goes vroooom, STOP WHINING and GET ON BOARD!

Steve, Seattle

RM: A fan who sees the glass half full, and then some.