HR Waikato 18 August 2016 – R 1 – Chair, Mr A Godsalve
ID: JCA10959
Meet Title:
Harness Racing Waikato - 18 August 2016
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2016/08/18
Race Number:
R
Decision:
As Mr Fergusson has admitted the breach we find the charge proved.
Penalty:
Accordingly the Committee imposed a fine of $350 on Mr Fergusson.
Facts:
Following the running of race 1, the FAIRVIEW MOTORS JUNIOR DRIVERS HANDICAP TROT, an Information was laid by Mr Jones alleging that Junior Driver, Mr D Fergusson allowed THE SCRUFF to shift down in the passing lane early in the run home which caused interference to DANSKE driven by Mr M Blakemore.
Mr Fergusson, assisted by Senior Horseman, Mr Marshall was present at the hearing and told the Commitee that he admitted the breach.
At an earlier Protest hearing THE SCRUFF had been relegated from 2nd to 4th position.
Rule 869(4) states that 'No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress'.
The Passing Lane Regulations (4) provide that 'In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane'.
Using the available films Mr Jones identified the horses THE SCRUFF and DANKE as they entered the final straight. THE SCRUFF was leading with DANKE immediately behind it. Mr Jones stated that Mr Fergusson was driving forward with THE SCRUFF under the whip, and as the horses started the run home, Mr Fergusson allowed THE SCRUFF to shift inwards approximately 1 1/2 cart widths. In doing so he impeded DANKE's progress which had angled towards the passing lane to improve its position. Mr Jones added that the Rules and Regulations stated that the leading horse cannot impede another horses progress via the passing lane, and therefore Mr Fergusson was in breach of these provisions.
Mr Fergusson said that he had corrected THE SCRUFF and straightened it as soon as he realised that he had shifted inwards towards the passing lane. In admitting the breach he agreed that he was in breach of the relevant Rule and Regulation.
Submissions for Penalty:
Mr Jones produced Mr Fergusson's driving record which showed one previous breach of these provisions within the past 12 months. He added that Mr Fergusson was a relatively inexperienced driver. Mr Jones referred to the JCA Penalty Guide which provides a starting point of a 6 drive suspension or a $300 fine. He added that there was no provision in the Guide for circumstances when a relegation is involved. Mr Jones said that it was to Mr Fergusson's credit that he admitted this breach, and suggested that a fine would be an appropriate penalty.
Mr Fergusson said that he had already been penalised by having his horse relegated from 2nd position, and asked that he be dealt with by way of a fine. He said he had limited opportunities to drive in races and added that he had corrected his drive as soon as he realised that he had shifted in towards the passing lane.
Mr Marshall asked the Committee to take into account the fact that Mr Fergusson was a Junior Driver and that he had admitted the breach.
Reasons for Penalty:
The Committee took into account the submissions of the parties. In Mr Fergusson's favour is that he has admitted the breach, although we note that he contested the earlier Protest hearing involving these circumstances. He has one prior breach of this Rule which was similar to this breach in that it also involved a relegation. Mr Fergusson is a Junior Driver in his 4th season, and does not as yet have many raceday drives. The JCA Penalty Guide has a starting point of a $300 fine or a 6 drive suspension for a breach of this Rule, and the Committee agreed that a fine would be an appropriate penalty. Other drivers in similar circumstances have attracted a fine of $350, and we feel that this penalty would fit in this case.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 119e6de0209c1befa7a4be8bbd26e8cc
informantnumber: A3736
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Causing interference
plea: admitted
penaltyrequired: 1
decisiondate: 21/08/2016
hearing_title: HR Waikato 18 August 2016 - R 1 - Chair, Mr A Godsalve
charge:
facts:
Following the running of race 1, the FAIRVIEW MOTORS JUNIOR DRIVERS HANDICAP TROT, an Information was laid by Mr Jones alleging that Junior Driver, Mr D Fergusson allowed THE SCRUFF to shift down in the passing lane early in the run home which caused interference to DANSKE driven by Mr M Blakemore.
Mr Fergusson, assisted by Senior Horseman, Mr Marshall was present at the hearing and told the Commitee that he admitted the breach.
At an earlier Protest hearing THE SCRUFF had been relegated from 2nd to 4th position.
Rule 869(4) states that 'No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress'.
The Passing Lane Regulations (4) provide that 'In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane'.
Using the available films Mr Jones identified the horses THE SCRUFF and DANKE as they entered the final straight. THE SCRUFF was leading with DANKE immediately behind it. Mr Jones stated that Mr Fergusson was driving forward with THE SCRUFF under the whip, and as the horses started the run home, Mr Fergusson allowed THE SCRUFF to shift inwards approximately 1 1/2 cart widths. In doing so he impeded DANKE's progress which had angled towards the passing lane to improve its position. Mr Jones added that the Rules and Regulations stated that the leading horse cannot impede another horses progress via the passing lane, and therefore Mr Fergusson was in breach of these provisions.
Mr Fergusson said that he had corrected THE SCRUFF and straightened it as soon as he realised that he had shifted inwards towards the passing lane. In admitting the breach he agreed that he was in breach of the relevant Rule and Regulation.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Fergusson has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Jones produced Mr Fergusson's driving record which showed one previous breach of these provisions within the past 12 months. He added that Mr Fergusson was a relatively inexperienced driver. Mr Jones referred to the JCA Penalty Guide which provides a starting point of a 6 drive suspension or a $300 fine. He added that there was no provision in the Guide for circumstances when a relegation is involved. Mr Jones said that it was to Mr Fergusson's credit that he admitted this breach, and suggested that a fine would be an appropriate penalty.
Mr Fergusson said that he had already been penalised by having his horse relegated from 2nd position, and asked that he be dealt with by way of a fine. He said he had limited opportunities to drive in races and added that he had corrected his drive as soon as he realised that he had shifted in towards the passing lane.
Mr Marshall asked the Committee to take into account the fact that Mr Fergusson was a Junior Driver and that he had admitted the breach.
reasonsforpenalty:
The Committee took into account the submissions of the parties. In Mr Fergusson's favour is that he has admitted the breach, although we note that he contested the earlier Protest hearing involving these circumstances. He has one prior breach of this Rule which was similar to this breach in that it also involved a relegation. Mr Fergusson is a Junior Driver in his 4th season, and does not as yet have many raceday drives. The JCA Penalty Guide has a starting point of a $300 fine or a 6 drive suspension for a breach of this Rule, and the Committee agreed that a fine would be an appropriate penalty. Other drivers in similar circumstances have attracted a fine of $350, and we feel that this penalty would fit in this case.
penalty:
Accordingly the Committee imposed a fine of $350 on Mr Fergusson.
hearing_type: Hearing
Rules: Rule 869(4) and the Passing Lane Regulations
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr D Fergusson - Junior Driver
Otherperson: Mr K Marshall - Senior Horseman assisting Mr Fergusson
PersonPresent:
Respondent:
StipendSteward:
raceid: f3a18fd314235b37747dc5da0a7ae77e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 630d3d702614e672bc91e3bc0e2f0946
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/08/2016
meet_title: Harness Racing Waikato - 18 August 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato