Waikato BOP HRC 15 October 2020 – R 1 – Chair, Mr BJ Scott
ID: JCA12920
Meet Title:
Harness Racing Waikato - 15 October 2020
Meet Chair:
BScott
Race Date:
2020/10/15
Race Number:
R1
Decision:
The breach is admitted and therefore the charge is proved.
Penalty:
Mr Phelan is fined $200.00.
Facts:
Following the running of the TIM VINCE SUPPORTS HARNESS RACING Mobile Pace an Information was lodged by Senior Stipendiary Steward Mr JM Muirhead against Amateur Driver Mr F Phelan alleging that Mr Phelan used his whip in contravention of the Whip and Rein Regulations when driving EXPRESS PLAY.
Rule 869(2) provides: No driver in any race shall use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.
The latest Whip and Rein Regulations that came into force on the 1st of October 2020 state: A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
Mr Phelan was present at the Hearing and advised that he understood the Rule and the new Regulations and that he admitted the breach.
Mr Muirhead demonstrated the incident by use of the race films and showed Mr Phelan over the last 200 metres using the whip in complete contravention of the Regulations in that he was using it with one hand and he used it continuously and also used it 16 times.
Mr Phelan acknowledged that Mr Muirhead had correctly stated the situation and he acknowledged the number of strikes.
Submissions for Penalty:
Mr Muirhead referred to the starting point penalties under the Regulations which provide for a fine of $300.00 but because Mr Phelan is an Amateur Driver he submitted that a fine of $200.00 was appropriate. He also pointed out that Mr Phelan won the race.
Mr Phelan agreed with Mr Muirhead's submissions.
Reasons for Penalty:
The incident is very clearly shown on the race films. Mr Phelan has admitted the breach but that was inevitable given the film evidence.
This is a clear breach of the new Regulations and perhaps should attract a penalty greater than that set out in the Regulations. In dealing with this incident however the Committee takes into account not only the starting point penalty but also the fact that Mr Phelan is an Amateur Driver. The Committee considers that a fine of $200.00 would be appropriate.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
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: 69615d8c915cb31c39efc9b3f818b345
informantnumber: A10341
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 19/10/2020
hearing_title: Waikato BOP HRC 15 October 2020 - R 1 - Chair, Mr BJ Scott
charge:
facts:
Following the running of the TIM VINCE SUPPORTS HARNESS RACING Mobile Pace an Information was lodged by Senior Stipendiary Steward Mr JM Muirhead against Amateur Driver Mr F Phelan alleging that Mr Phelan used his whip in contravention of the Whip and Rein Regulations when driving EXPRESS PLAY.
Rule 869(2) provides: No driver in any race shall use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.
The latest Whip and Rein Regulations that came into force on the 1st of October 2020 state: A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
Mr Phelan was present at the Hearing and advised that he understood the Rule and the new Regulations and that he admitted the breach.
Mr Muirhead demonstrated the incident by use of the race films and showed Mr Phelan over the last 200 metres using the whip in complete contravention of the Regulations in that he was using it with one hand and he used it continuously and also used it 16 times.
Mr Phelan acknowledged that Mr Muirhead had correctly stated the situation and he acknowledged the number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is proved.
sumissionsforpenalty:
Mr Muirhead referred to the starting point penalties under the Regulations which provide for a fine of $300.00 but because Mr Phelan is an Amateur Driver he submitted that a fine of $200.00 was appropriate. He also pointed out that Mr Phelan won the race.
Mr Phelan agreed with Mr Muirhead's submissions.
reasonsforpenalty:
The incident is very clearly shown on the race films. Mr Phelan has admitted the breach but that was inevitable given the film evidence.
This is a clear breach of the new Regulations and perhaps should attract a penalty greater than that set out in the Regulations. In dealing with this incident however the Committee takes into account not only the starting point penalty but also the fact that Mr Phelan is an Amateur Driver. The Committee considers that a fine of $200.00 would be appropriate.
penalty:
Mr Phelan is fined $200.00.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr JM Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr F Phelan - Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 48f712e9b51521dad9ac81491f1d42c7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c24508ca17483fad99b1e9eb691b0ae4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/10/2020
meet_title: Harness Racing Waikato - 15 October 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: none
meet_pm2: none
name: Harness Racing Waikato