Rangiora HRC 3 January 2021 - R 2 - Chair, Mr S Ching

Created on 05 January 2021

Rules:

869(3)(b)

Committee:

SChing (chair)

Name(s):

Miss A Mugford - Junior Driver
Mr S Renault - Stipendiary Steward

Informant

Ms CM Tibbs - Stipendiary Steward

Information Number

A12660

Plea:

Admitted

Charge:

Careless driving

Evidence:

Following the running of Race 2, the Rangiora Hyundai Mobile Pace, an Information was filed by Stipendiary Steward, Mrs C Tibbs against Junior Driver, Miss A Mugford, alleging a breach of Rule 869(3)(b) in that near the 450m she drove carelessly when shifting ground contacting the sulky wheel of I MISS MUM, which punctured.

Miss Mugford had indicated on the Information that this breach of the Rules was admitted which she confirmed to the hearing. Miss Mugford also acknowledged that she understood the Rule and charge bought against her.

Miss Mugford, as a Junior Driver, stated that she was comfortable without assistance at the hearing.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-
(b) carelessly:-

Mrs Tibbs, with assistance from Stipendiary Steward, Mr S Renault, gave evidence and used video coverage to demonstrate that approaching the 450m, SHADOW AVEROSS, driven by Miss Mugford was racing near the rear of the field in a two-wide position with I MISS MUM driven by Miss K Cox, in the three wide line forward of SHADOW AVEROSS.

Mr Renault pointed out Miss Mugford shift out from behind the horse she was trailing to take up a position trailing Miss Cox and in doing so struck the inside sulky wheel of I MISS MUM. Miss Cox reported to the Stewards that her tyre had been struck during the running and had deflated immediately.

Miss Mugford stated she had misjudged the distance her horse was to Miss Cox’s sulky wheel.

Decision:

As Miss Mugford had admitted the breach the charge was found proved.

Submission For Penalty:

Mrs Tibbs stated that driving statistics for Miss Mugford showed 61 lifetime drives, 42 drives last season with 11 to date this season. She said that Miss Mugford had a clear record in regard to this Rule, had admitted the breach at the first opportunity and was a Junior Driver, all which were mitigating factors.
Mrs Tibbs stated that the JCA Penalty Guide provided a 6-drive suspension or a $300 fine for a breach of this Rule. She submitted that a fine of between $200 and $250 be considered as penalty in this case.

Miss Mugford requested a fine at the lower end of the Stewards' submissions.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 6-drive suspension or $300 fine for a breach of this Rule, where the breach is striking a wheel. This Committee determined that this breach was low to mid-range and accordingly adopted the $300 starting point. There were however mitigating factors to consider, being Miss Mugford’s clear record, her frank admission, and her status as a Junior Driver. For these factors a combined discount was warranted which the Committee set at $100. It was therefore determined that an appropriate penalty in this case was a fine of $200.

Penalty:

Accordingly, Miss Mugford is fined the sum of $200.

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