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Waikato BOP H 29 April 2021 - R 2 - Chair, Mr A Godsalve

Created on 30 April 2021

Rules:
869(3)(b)
Committee:
AGodsalve (chair)
Name(s):
Ms N Chilcott - Licensed Open Driver
Informant
Mr S Mulcay - Senior Stipendiary Steward
Information Number
A14206
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of Race 2, Mr Mulcay submitted an Information alleging that Ms Chilcott, driving IDEAL TOMADO, drove carelessly approaching the 1700m when easing the pace in the running line, which resulted in a chain reaction back through the field.

Ms Chilcott was present at the hearing and acknowledged that she understood the Rule and that she admitted the breach.

Rule 869(3)(b) states 'No driver in any race shall drive carelessly'.

Mr Mulcay used the films to identify the horse IDEAL TOMADO as the field neared the 1700m mark. The race was over 2200m, and IDEAL TOMADO was racing on the outside of the leader THE SPORTSMAN (Mr B Butcher). Both horses were racing quite fiercely, and Ms Chilcott had been unable to cross THE SPORTSMAN. She then began to ease her drive and came back onto TINTORETTO (Mr A Poutama) who had to take some evasive action, in turn, inconveniencing horses behind him including TUXEDO BROMAC (Mr D Butcher). In turn, NYLA (Mr Z Butcher ) was also pushed out slightly towards the rear of the field. Mr Mulcay added that he felt the effects of Ms Chilcott's actions were 'minimal'.

Ms Chilcott said that she had admitted the breach although she thought she was somewhat a 'victim of circumstances' in that the horse on her inside had also eased after racing hard. She agreed that it was her driving which was responsible for horses behind her becoming placed in difficult positions for a short time.

Decision:

As Ms Chilcott has admitted the breach the charge is proved.

Submission For Penalty:

Mr Mulcay stated that Ms Chilcott had admitted the breach, and that she had a clear record under this Rule. He referred to the JCA Penalty Guide which provides a starting point of a $500 fine or a 10 drive suspension. Mr Mulcay added that he felt the incident was at the lower end of the scale, other drivers had managed to evade any real trouble, and felt that a monetary penalty may be appropriate.

Ms Chilcott said that she was in a position to pay a fine.

Reasons For Penalty:

The Committee determined that while several horses were affected, there were none whose chances in the race were impacted to any real degree. Ms Chilcott is an experienced Driver and most probably did the best she could under the circumstances when both her and the horse alongside her eased the pace after racing too fiercely.

The JCA Penalty Guide provides a fine of $500 or a 10 drive suspension as starting points and the Committee determined that a fine in line with fines imposed on other drivers in similar circumstances would be appropriate.

Penalty:

Ms Chilcott was fined $300.

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