The National Stock Car Racing Commission accepted a request for an appeal pertaining to the penalty levied against Jay Robinson, car owner of the #09 Ford at Daytona. A date for the hearing has yet to be set, however it is expected to take place sometime next week. “I’m grateful to NASCAR for having a process in place for this type of instance. They’ve been very helpful and we look forward to the opportunity to present the facts of our particular case to the Commission so that the penalty may be reconsidered.” – Robby Benton, General Manager(RAB Racing PR), for earlier information on the penalty, see the 2009 Nationwide Series penalties page.(2-25-2009)
UPDATE: On March 9, 2009, the National Stock Car Racing Commission heard and considered the appeal of RAB Racing regarding the #09 NASCAR Nationwide Series car. The appeal concerned three penalties issued by NASCAR stemming from opening day inspection on February 10, 2009 for the NASCAR Nationwide Series event at Daytona International Speedway. The Appellants argued that the modifications to the roll cage did not violate NASCAR rules in that the tubing was originally round. The Appellants argued that the modifications did not represent an intentional effort on their part to circumvent the rules, rather that the chassis had been purchased from a third party and had been modified at some time in the past to allow for bodywork clearance. They further pointed out that no effort had been made on their part to conceal the modifications during the inspection process. They also argued that the penalty was excessive in light of these circumstances. The Commission found the Appellants’ explanation of the sequence of events regarding the modifications to the roll bar to be both plausible and believable. Ultimately, however, the team presenting the car for inspection is responsible for that car’s adherence to the rules. Since the modifications may have affected the integrity of the roll cage, an excessive penalty was warranted in this case. Therefore, it is the unanimous decision of the National Stock Car Racing Commission to uphold the original penalties assessed by NASCAR.(NASCAR PR)(3-9-2009)
