NASCAR controls the numbers
A common misconception in NASCAR Nextel Cup racing is that the teams own their numbers and can trade them freely among each other. In fact, NASCAR owns each and every number in the Nextel Cup, Busch and Craftsman Truck Series and licenses them to the teams on an annual basis. That’s the formal policy. Informally, NASCAR has on occasion permitted the exchange of number between teams, which was the case when Robert Yates Racing agreed to forego its right to the #88 so that Dale Earnhardt Jr. could use the number in 2008 when he moves to Hendrick Motorsports.
RYR agreed to give the number up and Hendrick went to NASCAR for approval of moving the #88 to Earnhardt’s car. But the transfer wouldn’t have happened without the OK from the Yates organization, which next year will campaign #28 in the Nextel Cup Series for Travis Kvapil and #38 for David Gilliland. The deal to move the #88 to Hendrick was negotiated between Robert Yates and Earnhardt’s sister and business manager, Kelley Elledge Earnhardt. Ford Racing