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Rangiora HRC 18 November 2020 - R 5 - Chair, Mr R McKenzie

Created on 19 November 2020

Rules:
869(3)(b)
Committee:
RMcKenzie (chair)
Name(s):
J J A Young-Grant
Licensed Open Driver
Informant
C M Tibbs
Stipendiary Steward
Information Number
A13286
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of Race 5, McCracken’s Sports & Goods Mobile Pace, an Information was filed by Stipendiary Steward, Mrs C M Tibbs, against Licensed Open Driver, Mrs J J A Young-Grant, alleging that, as the driver of ALEXY in the race, she “drove carelessly in the early stages by allowing her horse to contact the wheel of BIRD OF PARADISE (R D Close) resulting in her horse breaking”.

Mrs Young-Grant had signed the Statement by the Respondent on the Information form indicating that she admitted the breach and she confirmed this at the hearing, at which she was present.

Rule 869 provides as follows:

(3) No driver shall in any race drive:-

     (b) carelessly

Mrs Tibbs showed a video replay of the incident, approximately 100 metres after the start of the 2600 metres mobile start race. She pointed out ALEXY, driven by Mrs Young-Grant, which had drawn barrier position 3 and BIRD OF PARADISE, driven by Mr Close, which had drawn the pole position. PAUL’S VERDICT, which had drawn between those two runners, pressed forward to the lead with BIRD OF PARADISE easing to take a trail. Mrs Young-Grant then shifted down to get onto the back of Mr Close and, in doing so, the near front leg of her runner struck the sulky wheel of BIRD OF PARADISE causing it to break for some strides and lose about 20 metres.

Mrs Young-Grant said that the video was self-explanatory and there was nothing she wished to say, except that it was a misjudgement on her part.

Decision:

Mrs Young-Grant having admitted the breach, the charge was found proved.

Submission For Penalty:

Mrs Tibbs referred the Committee to the Penalty Guide starting point for careless driving striking a wheel of a 6-drives suspension or a $300 fine. The consequences were low-end, Mrs Tibbs submitted, as the tyre on the sulky wheel of BIRD OF PARADISE was not punctured (and in fact that horse went on to win the race), but ALEXY did lose its position in the field, she said.

Mrs Tibbs submitted that, having regard to Mrs Young-Grant’s good record, her admission of the breach, and that the breach involved only a slight misjudgement on Mrs Young-Grant’s part, a fine of $200 would be an appropriate penalty.

Mrs Young-Grant agreed that the breach involved a slight misjudgement and added that visibility on the track was not great. She believed that ALEXY would not have finished in a higher placing than 5th in any event.

Reasons For Penalty:

The relevant Penalty Guide starting point for careless driving striking a wheel is a fine of $300. A suspension is not appropriate in this case.

The Committee noted that Mrs Young-Grant’s most recent breach of the careless driving rule was in February 2019, almost 21 months ago. She has had 84 drives to date in the current season and, in the 2019/2020 season, had a total of 159 drives. That represents a very good record and she has made a frank admission of this breach. Furthermore, the Committee accepts that the consequences of the breach were minimal. Those factors warrant a significant discount from the starting point.

Penalty:

Mrs Young-Grant is fined the sum of $200.

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