October 31, 2004, Atlanta Motor Speedway - 58 cars showed up for the NASCAR Nextel Cup race and of the 15 that didn't make the show, 2 were high-priced casualties: the #10 MBV Motorsports car driven by Scott Riggs, and the #22 of Bill Davis Racing driven by Scott Wimmer. They were bumped by the likes of Tony Raines and Todd Bodine, driving cars fielded by scrub owners no one would remember and backed by sponsors no one ever heard of. But the fact that the #10 and #22 they were sponsored by Valvoline and Caterpillar, two companies with long histories NASCAR, did. And in one panic stricken knee jerk reaction, the Top 35 Rule was born.

The premise of the rule may have seemed like a good idea at that particular moment in time as a means to "protect" a sponsor's marketing investment. However, in a classic twist of cruel irony, the two cars that spawned the whole thing missed 10 races the following year as they both struggled to stay in the Top 35. Another intent of the Top 35 rule was to cut down on the number of 'field fillers' from making a race because the rule is weighted to help, supposedly, the fully-funded teams - remember, this was during a time when 50+ entries were the norm.

With the new rule announced and the big gun good old boy owners rejoicing, off in the distance there was a sucking sound that went ignored. It was the sound of their team values riding the Coriolis swirl into the sewer. But no matter, franchising was just around the corner and with it a 4-car team's worth will be on par with that of a NFL franchise! All hail NASCAR!

Wrong.

The only thing of any real value today for a NASCAR team are Owner Points. This years musical chairs payola tournament is further proof. And NASCAR has the final say who gets them. Optimism, narcissism, and shortsightedness are the makings for guaranteed disaster. As writer Thomas Tusser said over 400 years ago, "A fool and his money are soon parted." The owners foolishly handed control of their respective team values over to NASCAR in exchange for....points. And NASCAR smiled. The owners just made the sanctioning body and those precious points more valuable than the blood, sweat and tens of millions of dollars they've poured into their own teams. I have to give NASCAR credit, they are unequaled in giving back by taking more.

How much do you think the hard parts, equipment, and inventory of the #6 team are worth today? Pennies on the dollar. Same as the #7 team (this must be the parity NASCAR is referring to.) Owner Points have become GOLD thanks to the Top 35 Rule. Yeah, I can understand why Robby feels like he's stuck. He made the commitment, the investment, and they changed the rules. The Top 35 rule has dogged him since day one, and by day one I'm referring to the 2005 Daytona 500. Robby qualified 38th out of 59 cars and finished 7th in his Duel race. In previous years Robby would have had a top 20 starting spot for the big show, but thanks to the new Top 35 rule he had to put the car in the hauler and missed a minimum $250K payout. For a new start up, that's a hard kick to the genitals.

If NASCAR really wanted to help teams attract investment and retain much more hard asset value they would get rid of the Top 35 Owner Points AND all the damn provisional excuses altogether. Look at Daytona qualifying this year. After the 35 locked in spots and all the past this and that provisionals, etc., only THREE cars have a shot at making the show. Who wants to invest against a stacked deck?

Eliminate the owner points and replace it with a Top 35 Drivers Point system. This would quickly accomplish a couple of things, 1) It would place the focus of a team's value where it rightfully should be: real estate, equipment, cars, etc. 2) It would increase the value of active, experienced drivers and in the process make the chicken shit past champion provisional some team owners use obsolete.

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Yep. Very well written.

It wont happen. The top 35 rule is in place for one main reason, it gives the sponsors the security of making sure they are in the show. Plus, lets say Dale Jr blows a tire on his qual lap and misses the show, Nascar ratings would go way down for that race. Its all about money for the big teams.

It won't happen until the owners make it happen. But the most influential owners who could pressure to make it happen have the mindsets of a room of daytraders. They think only of the here and now. Do you think Bill Davis would have squealed like he did to get the rule in place had he known he would fall victim to it? Be careful of what you wish for.

My response to the argument that sponsors want the "security" of their car making the show: When you started your business were you given a guarantee it would be successful? What "security" did you offer your investors that promised a great and quick return on their investment in you?

We've cultivated a society where everyone gets a trophy. "You're all Winners!" That's bullshit. There's no guarantees in life and certainly no guarantees in business. You lay your money down and give the dice a roll.

WJM, you have as they "hit the nail on the head". If only more people would see things as they are, maybe, just maybe, things would improve...... but I know that won't be happening anytime soon..... quick and easy is what is wanted by most people it seems. But what do I know ?

You speak the truth

The worst part of this rule is a team doesn’t even have to make a qualifying attempt (based on a rule infraction) to make the race, while others that have can miss the race.

Well done Mr. WJM! That about says it all! My business is not guaranteed to be a success... Its me, Mrs Tool, and Mini Tool who put countless hours, blood, sweat, tears, a couple ambulance rides, shoulder surgery, and a major back surgery to try and guarantee that we eat, and my employees have a job to come back to! Well said my man! Thanks you!

Like last year, wait until Fontana and Martinsville, the 5th and 6th races on the schedule and only 43 (maybe 44) cars show up. What value does the Top 35 have now?

I don't think it'll be too long until you see less than a full field start a race.. maybe a bit pessimistic, but I wouldn't be surprised if it happened sooner rather than later. What'll NASCAR do when the start grid is only 41 cars?

I know this may not be a popular suggestion around here but I'd rather see the Cup Series get locked down F1/Aussie V8Supercar style. None of this random teams showing up for a handful of races, none of this "Enter a 2nd car to S&P for Funding", etc.
-- Series locked at 44 Cars
-- 4 Car per team rule still in place
-- At the least that = 11 teams of 4 cars each
-- At the most that = 44 teams of 1 car each
-- If you drop it down to 3 cars per team & 42 cars starting that would = a minimum of 14 teams.

Yes it might kill of some of the smaller teams, and yes some teams will have to adapt but at the end of the day I think it would not only make the series stronger but the Sponsor Investment worth more too. I think it would also in-turn help the NNS series too since teams/drivers wouldn't be able to move-up at will it would help establish more teams that can be the face of that series.

Gee i dont know.....maybe just get back to real racing with real race cars. Now I'm not saying these really high dollar boxes with crappy stickers on them to tell you what they are, are not race cars but they anything but a stockcar. I actually used to get excited about Winston Cup... oh wait that was when they still looked the part. The top 35 rule is about true to racing as the sticker on these cars are to what they represent. Go to any other racing in the county (us) and on any given night you have to race into the main event. Be it qualify or heat race of LCQ but unless they dont have enough cars to make the field then you have to race/qualify to get in the show. Any F1/Aussie supercar rules would make as bad as it already is if not worse. Those series drip with money from every pour! You dont like Joe Blows hotrod shop putting together a car for one race? You better have your sh!t together and go our qualify them or out race them in your heat. You dont make the show its your fault not anyone elses. Yes money will alway play into this but that has everything to do with rule packages and who enforces them. F1 has always been under the microscope about being partial to the big spender super teams. I love v8 supercars but that does not mean I love the rules or how the money can bend them cause they dont want any outside competition. As per the silly boxes they race these days....just stupid! The aussies have it covered, like trans am of old and NASCAR when it was getting to the mega series its still trying to be, you could relate to the cars cause they looked like what was at the dealer or close to it. Why not keep the center pilars and roof line that they have, i understand they are very safe and roomie but why not get the manufactures back by making the teams run complete front and rear facia out of the O.E. supplied parts departments. Most all of them are one piece anyways and all plastic. Cuts down cost gets manufactures involved again and they actually may look the part.
Just my 2 cents. Sorry for the rant

Exactly. What happened to racing? You go to any Saturday short track, qualify, run your heat race, LCQ and if you don't finish in the top whatever you go home. That's racing.

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