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Wyndham HRC 6 January 2019 - R 5 - Chair, Prof G Hall

Created on 07 January 2019

GHall (chair)
Mr A Kyle - Licensed Open Driver
Mr V Munro - Stipendiary Steward
Information Number
Contravention of Use of Whip Regulations

An information was filed by Stipendiary Steward, Mr Munro, against Mr Kyle, the driver of LADY ZARA in race 5, THE GATE CROMWELL / OSBORN ENGINEEERING TROT alleging that he used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations.

Rule 869 provides as follows:
(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.

The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Kyle admitted the breach and did not wish to be present at the hearing.

Mr Munro demonstrated on the videos that the respondent used his whip 16 times in the home straight. There was the odd pause.


Mr Kyle has admitted the breach, which is found to be proved.

Submission For Penalty:

Mr Munro produced the respondent’s record. This evidenced 695 lifetime drives: 12 this season; and 28 the last. Mr Kyle has had no breach of this rule in the past six months. Mr Munro submitted that a penalty of a $300 fine was appropriate.

Reasons For Penalty:

It is agreed that Mr Kyle has used his whip 16 times in the straight. These are quite forceful strikes although there is the odd pause.

The JCA Penalty Guide provides a fine of $300 where the number of strikes is 14 to 16 and where the breach is to be treated as a first breach, as is the case with Mr Kyle with the reset period being applied. We note with concern, however, that this is his third breach of this rule within a 10 month period.


Mr Kyle is fined the sum of $300 and reminded of his obligations with respect to the whip regulations.

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