On November 13, 2007, the National Stock Car Racing Commission heard and considered the appeal of Gregory Tester, crew chief for the No. 71 car concerning a penalty issued by NASCAR following post-race inspection on October 27, 2007 for a Busch Series event at Memphis Motorsports Park.
Gregory Tester was accused to break Section 12-4-A of the NASCAR Rule Book "Actions detrimental to stock car racing"; Section 12-4-Q "Any determination by NASCAR Officials that the car, car parts, components, and/or equipment used in the Event do not conform to NASCAR rules" and Section 20A-12.3B(7): "Shock absorber base valves will not be permitted." After the first hearing he received a fine of 15,000.00 USD and suspension from NASCAR until December 31, 2007. The car owner and driver also received penalties, but they didn’t issue an appeal.
Gregory Tester did not contest the legality of the violations, but appealed the severity of the penalty, arguing the mounting of the shocks on the car was an inadvertent mistake.
In deciding the Appeal, the Commission considered several factors:
- The violation was clear cut, whether intentional or not.
- The Appellant was on probation for an earlier rule violation at the time of the infraction.
- The penalty was consistent with other penalties issued in the Busch Series for similar shock absorber violations.
The National Stock Car Racing Commission decided unanimously to uphold the original penalty assessed by NASCAR. The Appellant has the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Commissioner.