Since the race weekend at Texas Motor Speedway, a lot has been said about Kyle Busch getting off without a penalty. He got into John Hunter Nemechek while trying to clear the 42 car late at Texas. Then, it appeared he turned into Nemechek in the next corner.
NASCAR did not penalize Kyle Busch. However, NASCAR handed out a $50,000 fine and 25 point penalty to Ryan Preece for an incident with Ty Gibbs, and many believe it is because he called out Gibbs over the radio prior.
This week, Busch was asked directly about the situation. The way he sees it, he didn't get a penalty because he didn't turn his car into Nemechek.
Kyle Busch during qualifying for the NASCAR Cup Series AdventHealth 400 at Kansas Speedway. Photo by David Jensen/Getty Images
"No. My post didn't have anything to do with that," Busch said when asked by Jeff Gluck of The Athletic. "My car was broken. There's, go ask NASCAR for the pictures, it was plenty broken."
So, why did Busch get off without a penalty and why did Preece receive one? Well, Busch answered that as well, and with even fewer words than before.
"His car wasn't broken," Busch said bluntly.
RFK Racing has appealed the penalty levied against Ryan Preece. That appeal has not happened at this time and it is still up in the air on whether or not it will be overturned.
As for Kyle Busch, he's almost on an island by himself. It seems that just about everyone else in the NASCAR industry believes he turned into Nemechek, regardless of what SMT data and the damage on the No. 8 car say. Even Kurt Busch, Kyle's brother, was surprised there was no penalty given.
Perhaps the situation NASCAR should have looked closer at was Bristol with Riley Herbst. After all, Busch admitted to dumping Herbst almost right after that race when he went on Sean Hannity's podcast. Denny Hamlin knows very well that words on a podcast can lead to a post facto penalty from NASCAR.
This story was originally published by Athlon Sports on May 16, 2026, where it first appeared in the Racing section. Add Athlon Sports as a Preferred Source by clicking here.
