Archive Decision

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Rangiora HRC 23 May 2021 – R 1 – Chair, Mr R McKenzie

ID: JCA13631

Applicant:
P Williams, Stipendiary Steward

Respondent(s):
Licensed Advanced Amateur Driver, S L Wigg

Information Number:
A13321

Hearing Type:
Hearing

New Charge:
Using Whip in Unapproved Manner

Rules:
869(2)& Whip & Rein Regulations

Plea:
admitted

Meet Title:
Rangiora HRC - 23 May 2021

Meet Chair:
RMcKenzie

Race Date:
2021/05/23

Race Number:
R1

Decision:

Ms Wigg having admitted the charge, it was found proved.

Penalty:

Ms Wigg is fined the sum of $200.

Facts:

Following the running of Race 1, NZ Amateur Drivers Championship Heat 3 Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Advanced Amateur Driver, Ms S L Wigg, alleging that, as the Driver of DREAMINSOVER in the race, she “used her whip free of the rein near the 1600 metres.”

Ms Wigg had signed the Statement by the Respondent on the Information form indicating that she admitted the breach. She confirmed this at the hearing at, which she was present.

The Whip and Rein Regulations provide as follows:

3.1 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.

3.3 A driver shall not use a whip in an unapproved manner.

3.4 For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.1 If the whip is applied other than as permitted in clause 3.1.

Mr Williams showed to the hearing a video replay of the race as the field passed the 1600 metres. He pointed out Ms Wigg, driving DREAMINSOVER, racing toward the rear of the 11-horse field. He demonstrated that Ms Wigg activated the hopple shorteners with her right hand and, before placing her hand back on the rein, she struck the horse once with the whip, attempting to improve 3-wide.

Ms Wigg said that she had pulled the hopple shorteners and given the horse one strike with the whip. She had not done it intentionally, she said.

Submissions for Penalty:

Mr Williams said that Ms Wigg has a clear record. The HRNZ Whip Penalty Guide provides for a penalty range of $200-$400 for a first offence, Mr Williams said, and Stewards believed that a $200 fine was an appropriate penalty for this breach, he said.

Ms Wigg said that a fine of $200 seemed fair.

Reasons for Penalty:

The breach in this case is low-level (a single strike free of the rein), which is defined in the HRNZ Whip Penalty Guide as:

When a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style.

The Committee notes that the HRNZ Whip Penalty Guide suggests a penalty range of $200-400 for a first offence.

Ms Wigg has a clear record and is an Amateur Driver. Taking those two factors into account, and the low-level nature of the breach, the Committee is satisfied that the breach can be dealt with by way of a fine at the starting level in the Penalty Guide – that is to say, a fine of $200.

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: 502d81f5fd1042c7d5ec0975052632c6


informantnumber: A13321


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Using Whip in Unapproved Manner


plea: admitted


penaltyrequired: 1


decisiondate: 26/05/2021


hearing_title: Rangiora HRC 23 May 2021 - R 1 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 1, NZ Amateur Drivers Championship Heat 3 Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Advanced Amateur Driver, Ms S L Wigg, alleging that, as the Driver of DREAMINSOVER in the race, she “used her whip free of the rein near the 1600 metres.”

Ms Wigg had signed the Statement by the Respondent on the Information form indicating that she admitted the breach. She confirmed this at the hearing at, which she was present.

The Whip and Rein Regulations provide as follows:

3.1 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.

3.3 A driver shall not use a whip in an unapproved manner.

3.4 For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.1 If the whip is applied other than as permitted in clause 3.1.

Mr Williams showed to the hearing a video replay of the race as the field passed the 1600 metres. He pointed out Ms Wigg, driving DREAMINSOVER, racing toward the rear of the 11-horse field. He demonstrated that Ms Wigg activated the hopple shorteners with her right hand and, before placing her hand back on the rein, she struck the horse once with the whip, attempting to improve 3-wide.

Ms Wigg said that she had pulled the hopple shorteners and given the horse one strike with the whip. She had not done it intentionally, she said.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Wigg having admitted the charge, it was found proved.


sumissionsforpenalty:

Mr Williams said that Ms Wigg has a clear record. The HRNZ Whip Penalty Guide provides for a penalty range of $200-$400 for a first offence, Mr Williams said, and Stewards believed that a $200 fine was an appropriate penalty for this breach, he said.

Ms Wigg said that a fine of $200 seemed fair.


reasonsforpenalty:

The breach in this case is low-level (a single strike free of the rein), which is defined in the HRNZ Whip Penalty Guide as:

When a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style.

The Committee notes that the HRNZ Whip Penalty Guide suggests a penalty range of $200-400 for a first offence.

Ms Wigg has a clear record and is an Amateur Driver. Taking those two factors into account, and the low-level nature of the breach, the Committee is satisfied that the breach can be dealt with by way of a fine at the starting level in the Penalty Guide – that is to say, a fine of $200.


penalty:

Ms Wigg is fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)& Whip & Rein Regulations


Informant: P Williams, Stipendiary Steward


JockeysandTrainer: Licensed Advanced Amateur Driver, S L Wigg


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 5239ba0ec9f02b95dab7f8606eeac315


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


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race_pm1:


race_pm2:


meetid: 9e0ecb9040a52b18ccfe83f4a4b6b497


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/05/2021


meet_title: Rangiora HRC - 23 May 2021


meet_expappcomment:


meet_km:


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tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: none


meet_pm2: none


name: Rangiora HRC