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Hororata TC 14 February 2021 - R 5 - Chair, Mr D Anderson

Created on 15 February 2021

Rules:
847(1)
Committee:
DAnderson (chair)
Name(s):
Miss L McKay - Junior Driver
Informant
Mr S Renault - Stipendiary Steward
Information Number
A13234
Plea:
Admitted
Charge:
Contravention of the Safety Gear Regulations
Evidence:

Following the running of Race 9 an Information was filed by Stipendiary Steward, Mr S Renault, against Licensed Junior Driver, Miss L McKay, alleging that “Driver L McKay failed to wear her safety vest in the preliminary”.

Miss McKay had signed the Information admitting the breach and stated she was conversant with the Rule.

Miss McKay was offered assistance at the hearing but stated she was comfortable by herself.

Rule 847 provides as follows:

(1) No driver shall check out or attempt to check out unless he/she wears safety gear which complies with the requirements of the Safety Gear Regulations made by the Board.

Mr Renault gave evidence that Miss McKay (FAITH NO MORE) checked out and drove though the Parade Ring, Birdcage and on to the track before realising, after 200 metres of her preliminary, she wasn’t wearing her safety vest. He said Miss McKay immediately returned to the stable area to rectify her situation.

Mr Renault said by the time the horse returned to the track its preliminary was cut short as the field had assembled at the start point.

Miss McKay made no submissions.

Decision:

As Miss McKay admitted the breach the charge was found proved.

Submission For Penalty:

Mr Renault said the starting point for a breach of this Rule is a 10-drive suspension or a $500 fine. He said the Stewards viewed this breach as lower than this starting point based on the fact that the error didn’t continue on into the race.

Mr Renault stated previous breaches where a Driver failed to wear a vest in a race a fine of $400 was applied. He said there are 4 previous breaches where not wearing a vest prior to the start was discovered, rectified and dealt with by a fine of $250.

Miss McKay made no submissions on Penalty.

Reasons For Penalty:

The JCA Penalty Guide provides starting point of a fine of $500 or a 10-drive suspension.

There are no aggravating factors here to consider.

Mitigating factors are Miss McKay’s admission and good record although in this case they are obvious and very infrequent. Credit must be given to Miss McKay for her honesty and for immediately returning to fix the situation. The Committee having regard for the previous Penalties alluded to by Mr Renault and for consistency, considered a fine of $250 appropriate in this case.

Penalty:

Accordingly, Miss McKay is fined $250.

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