CHARLOTTE, N.C. (AP) – Hendrick Motorsports insists it’s a by-the-book organization that plays within NASCAR’s rules.

If Jimmie Johnson and Kyle Busch failed inspection, then it had to be a mechanical issues, not cheating.

An appeals panel agreed.

The National Stock Car Racing Commission on Wednesday rescinded the two-race suspensions NASCAR levied against crew chiefs for Johnson and Busch, and instead placed both on 90 days probation.

Chad Knaus and Alan Gustafson were penalized 10 days ago because the cars they prepare for their drivers failed post-race inspection in Las Vegas.

George Silbermann, chairman of the three-man appeals committee, noted that the decision was by majority vote and was not unanimous.

“This decision pertains specifically to the evidence presented in this appeal,” he wrote. “The commission’s rulings do not have a bearing on existing or announced NASCAR enforcement policies.”

NASCAR stiffened its penalty process after the race March 13 in Las Vegas, where Johnson’s race-winning car and Busch’s second-place car failed inspection. Johnson’s was too low and Busch’s too high.

Knaus, crew chief for Johnson, was suspended by NASCAR for two races and fined $35,000. Johnson also was docked 25 points, and Jeff Gordon 25 owner points because he is listed as the car owner.

Gustafson was suspended two weeks and fined $25,000. Busch was docked 25 points, as was car owner Rick Hendrick.

The ruling did not change the monetary fines or points deductions. When Johnson was docked the points, he dropped from first to second in the standings. He reclaimed his points lead, though, following his second-place finish in Atlanta last week.

Hendrick on Wednesday maintained that neither crew chief was cheating, and that the cars failed the post-race inspections because of mechanical issues that developed over the 400-mile race.

“I appreciate NASCAR giving us the opportunity to present the facts,” Hendrick said. “From our perspective it’s important everyone, especially our fans, know that we absolutely had no intention of breaking any rules.

“This sport has a rule book for good reason, and it’s vital it be enforced. As an owner, I know it’s equally important to have a just forum for teams and a fair system of checks and balances. We respect NASCAR’s decision and look forward to carrying some momentum into Bristol.”

The commission has yet to hear the appeal for Todd Berrier, crew chief for Kevin Harvick.

Berrier was suspended for four races for illegally rigging Harvick’s fuel tank at Las Vegas to appear full during qualifying. Although Richard Childress Racing is appealing the penalty, the team is more concerned with having Berrier’s suspension shortened and having the 25 points Harvick was docked reinstated.

RCR maintains that because the infraction was during qualifying, points should not be deducted.

The Hendrick camp has been particularly sensitive about being referred to as “cheaters” and for being lumped in with Berrier, who acknowledged to breaking the rules and said he would do so again.

“I don’t like that word cheater.’ We’re not cheating,” Knaus said. “If we’d done something intentional against the rules, black-and-white, OK you’re a cheater.

“But if you have something mechanical happen with the race car, then that’s OK. But cheating we were not.”

AP-ES-03-23-05 1919EST