On April 20, 2009, the National Stock Car Racing Commission heard and considered the appeal of Benny Gordon Racing regarding the #72 NASCAR Nationwide Series car. The appeal concerned three penalties issued by NASCAR stemming from pre-qualifying inspection on March 21, 2009 for the NASCAR Nationwide Series event at Bristol Motor Speedway. The Appellants requested and were granted a deferral of the fine and suspension penalties until such time as this hearing could be convened. The Appellants argued that sometime prior to the Event they had purchased a supply of Sunoco fuel for testing purposes from a third-party vendor which, unbeknownst to them, contained oxygenates. Fuel from this supply was then re-introduced into the racecar at Bristol when they “topped off” the car using a dumpcan from their hauler just prior to qualifying. The Commission found that the fuel did not meet specifications and that the penalties already factored in any mitigating circumstances. Therefore, it is the unanimous decision of the National Stock Car Racing Commission to uphold the original penalties assessed by NASCAR. The periods of suspension shall be adjusted from the date of this hearing. The Appellants have the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Commissioner.(NASCAR PR), for more information on the penalty, see the March 2009 Archives page.(4-20-2009)
