NASCAR has several precedents that should warn drivers about what they say over the radio. Still, Ryan Preece learned that the hard way, thanks to his own narration that held more weight than any of the other “intentional” contact on the track. So, NASCAR heard it, logged it, and two days later handed him a $50,000 fine and a 25-point deduction. Preece, for his part, found out he had a penalty when he missed a call from NASCAR while mowing his lawn on a Tuesday afternoon.

In his support, though, many have come forward, questioning why these rules apply differently to different people. And now, some of FOX Sports’ most prominent voices have also claimed that NASCAR had this one wrong. 

FOX broadcasters push back against NASCAR’s punishment

“I think they got this wrong. In this case, I hope that Preece is able to win the appeal. Right-rear hook is different. This is not the same wreck that we’ve seen a lot, so that’s why I don’t think it warrant’s a fine.”

“It all comes down to the radio and what you say. When you talk and have intent and it puts them in a tough spot. They don’t want to penalize you.”

That was McMurray and Harvick, and neither was disputing the contact itself. Their argument was more specific and, frankly, more uncomfortable for NASCAR: the execution on track didn’t match the level of deliberateness the penalty implied.

Here is where the incident actually began. Late in Stage 1, Gibbs slid aggressively underneath Preece entering Turn 1. Furious, Preece went straight to the radio:

“Alright, when I get to that 54 I’m done with him. F—- idiot. That car is so fing fast, p—– me off. I can’t stand when idiots like him have fast race cars where they can do stupid sh– and get away with it. End of rant.”

It was, by his own description, a vent. But in NASCAR’s rulebook, it became evidence. Then came Lap 101 of the Würth 400. As Gibbs went low entering Turn 3, the two made contact, sending Gibbs spinning into the SAFER barrier and ending his day with a 36th-place finish.

Preece, in the moment, radioed that he felt he did not touch Gibbs’ car. He later clarified on SiriusXM NASCAR Radio the night before his penalty was announced: “He pretty much was very close to clear getting into Turn 3, and I could lift, but I didn’t. I was right there and I felt like he came down, and I was not going to cut him a break.”

Gibbs, being himself, reposted Preece’s earlier rant on social media with a single line: “Hmm, at least he is honest.” NASCAR, of course, agreed.

Based on the race video, SMT data, and the radio transmission, the governing body penalized Preece under Sections 4.3 and 4.4. A — the rules covering member conduct and intentional on-track actions — dropping him from 12th to 13th in the standings, now sitting 38 points above the playoff cutline.

NASCAR’s managing director, Mike Forde, explained the rationale by pointing to a direct precedent.

“We try to look at prior instances,” Forde said. “The deliberation on how we wanted to handle this one was the Denny Hamlin penalty. When he wrecks Ross Chastain at Phoenix a few years ago, and then the next day, talked about it on his podcast, later got the exact same penalty. So, he [Preece] said what he said, and then he did what he said. And so, in our view, it was intentionally wrecking another vehicle. That’s where we landed.”

It was back in March 2023 that Hamlin admitted on his Actions Detrimental podcast that he had deliberately wrecked Ross Chastain at Phoenix Raceway. Hamlin then received the identical $50,000 fine and 25-point deduction. But the difference, according to McMurray and Harvick, is that Preece’s wreck lacked the same level of obvious intent or dangerous execution.

It wasn’t a right-rear hook or a deliberate high-speed dump into the wall. Instead, they viewed it as a racing incident made worse by a heated radio outburst.

Then there is the fact that at the same Texas race, Busch made contact with John Hunter Nemechek in the closing laps. NASCAR reviewed the incident but ordered no penalty. Forde explained that SMT data was inconclusive on intent and that Busch’s car showed significant prior damage that may have contributed to the contact.

Still, what mattered more was that Busch had made no radio declarations beforehand. “There was no audio that came out that said, ‘I’m going to wreck the 42,’ and then he wrecked the 42,” Forde said.

Naturally, RFK Racing wasted no time filing the appeal, and the team plans to use telemetry data to argue that aerodynamic factors contributed to the contact.

“I don’t get surprised very much, Bob, so I wouldn’t say I’m surprised. I’m glad there’s an appeal process. Ryan will go through that whenever it’s scheduled. I’ve been part of a couple of them before, and generally I think they’re pretty fair,” Co-owner Brad Keselowski said, measured as ever. 

“Honestly, a bit surprised. But I’m thankful that NASCAR has an appeals process so that I can feel like I can be heard and let that process play itself out,” Preece added, telling the media at Watkins Glen. 

A three-member panel of the National Motorsports Appeals Panel, an independent panel made up of former drivers, owners, and industry figures, will ultimately decide whether to uphold, reduce, or overturn the penalty. It is not a process that frequently favours the appellant, as history tells us, but the growing chorus of voices suggests this one may be worth watching.