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Nelson HRC 10 January 2021 - R 11 - Chair, Mr S Ching

Created on 11 January 2021

Rules:
869(2)
Committee:
SChing (chair)
LYong
Name(s):
G Smith-Licensed Open Driver
Informant
S Renault- Stipendiary Steward
Information Number
A13226
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 11, the NBS Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Driver, Mr G Smith alleging a breach of Rule 869(2) in that he used his whip with more than a wrist flicking motion driving NERANO over the early stages of the run home.

Rule 869(2) reads as follows:

869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Relevant Part of the Whip & Rein Regulations as follows:

WHIP AND REIN REGULATIONS

PART 3 USE OF THE WHIP

3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:

3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.

3.2.3 Not applying the whip with overt force.

3.3 A driver shall not use a whip in an unapproved manner.

3.4 For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.1 If the whip is applied other than as permitted in clause 3.1.

3.4.2 If the whip is applied excessively, continuously, or without allowing the horse time to respond.

3.4.3 If the whip is applied when the horse:

3.4.3.1 is not visibly responding.

3.4.3.2 is not in contention.

3.4.3.3 cannot maintain or improve its position.

3.4.3.4 is clearly winning.

3.4.3.5 has passed the winning post at the finish of a race.

3.4.4 If the whip is used when the reins are lengthened so as to result in loose reining.

3.4.5 If the whip is used in a prodding or jabbing fashion.

3.5 A driver must not use the whip in a manner which causes injury to a horse.

3.6 A whip shall not be used in a manner that may obstruct, strike or endanger another driver or horse.

3.7 A driver must ensure a whip does not project outside his or her sulky.

Mr Smith had endorsed the Information that the breach was admitted which he confirmed at the hearing. Mr Smith also acknowledged that he understood the provisions of the charge and the Rule it was brought under.

Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Smith, driving NERANO, positioned widest on the track and in contention as the field turned for home. Mr Renault demonstrated on the video replays; Mr Smith use his whip in more than a wrist flicking motion on 5 occasions over the early stages of the run home before reverting back to a compliant style of driving.

Mr Smith stated that he was attempting to hold the runner inside him in position as the driver was trying to shift him out wider on the track. This he said diverted his thinking and he went back to the old style of whip use for several strides before realising and reverting to the compliant style of driving.

Decision:

As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mr Renault stated that Mr Smith's driving statistics showed 172 drives so far this season with 322 drives recorded for last season. He added that Mr Smith had a clear record and had admitted the breach at the first opportunity. Mr Renault stated that this breach was low range with the JCA penalty Guide providing a $200 for a low-level breach of this Rule. He submitted that a fine as per the Penalty Guide be considered as penalty in this case.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a $200 fine, mitigation inclusive, on the New Whip and Rein Regulations for a low range first offence of this Rule. The Committee deemed that this breach was low-level and considered there were no aggravating factors to consider. It was therefore determined that a fine of $200, as per the Penalty Guide, was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Smith is fined the sum of $200.

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