NZ Metropolitan TC 20 June 2021 – R 1 – Chair, Ms O Jarvis
ID: JCA15899
Meet Title:
NZ Metro TC - 20 June 2021
Meet Chair:
OJarvis
Meet Committee Member 1:
RMcKenzie
Meet Committee Member 2:
LYong
Race Date:
2021-06-20 00:00:00.0000000
Race Number:
R 1
Decision:
As the breach was admitted it was found proved by the Committee.
Penalty:
Accordingly, Ms McIntyre’s Amateur Drivers Licence is suspended from the closing of racing 20 June 2021 up to and including racing on 1 August 2021.
Facts:
Following the running of Race 1, the Mid-Winter at Addington (Amateur Drivers) Mobile Race, an Information was filed by Stipendiary Steward, Mr P Williams against Licensed Amateur Driver, Ms M McIntyre, alleging a breach of Rule 869(2) in that she used her whip with more than a wrist flicking motion driving AUCHTERCAIRN on the final bend and in the home straight.
Ms McIntyre acknowledged that she understood the provisions of the charge and the Rule under which it was brought. Ms McIntyre confirmed at the hearing that she admitted the breach.
Rule 869(2) reads as follows:
869 (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.
Relevant Part of the Whip & Rein Regulations as follows:
WHIP AND REIN REGULATIONS
PART 3 USE OF THE WHIP
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.
3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
Mr Williams showed the video replays of the final bend and the run home. He pointed out Ms McIntyre, driving AUCHTERCAIRN. Mr Williams then evidenced, utilising the video replays, Ms McIntyre use her whip in more than a wrist flicking motion on the final bend. Ms McIntyre then returned to a compliant style before then returning to more than a wrist flicking motion down the home straight. Mr Williams outlined that there was in excess of 10 strikes that were not compliant.
Ms McIntyre stated that she accepted that the video replays showed that she had used more than a wrist flicking motion. However, Ms McIntyre did not accept all of the non-compliant strikes that were suggested by Mr Williams. Ms McIntyre also pointed out that she had not continuously used more than a wrist flicking action but rather had reverted to a compliant style before again using more than a wrist flicking action.
Submissions for Penalty:
Ms McIntyre has had 11 drives this season and had 13 drives last season. Mr Williams said Ms McIntyre had a clear record in relation to this Rule.
Mr Williams stated that this breach was mid-range with the JCA penalty Guide providing a $500 fine or a 2 day suspension for a mid-level breach of this Rule. He submitted that a suspension as per the Penalty Guide be considered as penalty in this case.
Ms McIntyre outlined that due to her financial position her preference would be a suspension.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a $500 fine or a 2 day suspension, mitigation inclusive, on the Whip and Rein Regulations for a mid-range first offence of this Rule.
The Committee deemed that this breach was mid-level and considered there were no aggravating factors present. The Committee considered the appropriate outcome taking all factors into account was a suspension. The issue was then how to impose a meaningful suspension given Ms McIntyre is an infrequent driver.
The Committee viewed the appropriate penalty was a suspension of her Licence for the equivalent of three Amateur drives, by applying the usual formula of one Amateur drive per fortnight, this resulted in a suspension of six weeks.
It was, therefore, determined that a suspension of six weeks was an appropriate penalty in this case.
Decision Date: 23/06/2021
Publish Date: 23/06/2021
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: e2621fc39c1f36dc4d37345ac4a16dc9
informantnumber: A13670
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 23/06/2021
hearing_title: NZ Metropolitan TC 20 June 2021 - R 1 - Chair, Ms O Jarvis
charge:
facts:
Following the running of Race 1, the Mid-Winter at Addington (Amateur Drivers) Mobile Race, an Information was filed by Stipendiary Steward, Mr P Williams against Licensed Amateur Driver, Ms M McIntyre, alleging a breach of Rule 869(2) in that she used her whip with more than a wrist flicking motion driving AUCHTERCAIRN on the final bend and in the home straight.
Ms McIntyre acknowledged that she understood the provisions of the charge and the Rule under which it was brought. Ms McIntyre confirmed at the hearing that she admitted the breach.
Rule 869(2) reads as follows:
869 (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.
Relevant Part of the Whip & Rein Regulations as follows:
WHIP AND REIN REGULATIONS
PART 3 USE OF THE WHIP
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.
3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
Mr Williams showed the video replays of the final bend and the run home. He pointed out Ms McIntyre, driving AUCHTERCAIRN. Mr Williams then evidenced, utilising the video replays, Ms McIntyre use her whip in more than a wrist flicking motion on the final bend. Ms McIntyre then returned to a compliant style before then returning to more than a wrist flicking motion down the home straight. Mr Williams outlined that there was in excess of 10 strikes that were not compliant.
Ms McIntyre stated that she accepted that the video replays showed that she had used more than a wrist flicking motion. However, Ms McIntyre did not accept all of the non-compliant strikes that were suggested by Mr Williams. Ms McIntyre also pointed out that she had not continuously used more than a wrist flicking action but rather had reverted to a compliant style before again using more than a wrist flicking action.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted it was found proved by the Committee.
sumissionsforpenalty:
Ms McIntyre has had 11 drives this season and had 13 drives last season. Mr Williams said Ms McIntyre had a clear record in relation to this Rule.
Mr Williams stated that this breach was mid-range with the JCA penalty Guide providing a $500 fine or a 2 day suspension for a mid-level breach of this Rule. He submitted that a suspension as per the Penalty Guide be considered as penalty in this case.
Ms McIntyre outlined that due to her financial position her preference would be a suspension.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a $500 fine or a 2 day suspension, mitigation inclusive, on the Whip and Rein Regulations for a mid-range first offence of this Rule.
The Committee deemed that this breach was mid-level and considered there were no aggravating factors present. The Committee considered the appropriate outcome taking all factors into account was a suspension. The issue was then how to impose a meaningful suspension given Ms McIntyre is an infrequent driver.
The Committee viewed the appropriate penalty was a suspension of her Licence for the equivalent of three Amateur drives, by applying the usual formula of one Amateur drive per fortnight, this resulted in a suspension of six weeks.
It was, therefore, determined that a suspension of six weeks was an appropriate penalty in this case.
penalty:
Accordingly, Ms McIntyre’s Amateur Drivers Licence is suspended from the closing of racing 20 June 2021 up to and including racing on 1 August 2021.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Ms M McIntyre - Licensed Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c185242a5360d1c580df2e17c57deae1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0ea1618a67c51350662a0a83a3e17966
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/06/2021
meet_title: NZ Metro TC - 20 June 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: OJarvis
meet_pm1: RMcKenzie
meet_pm2: LYong
name: NZ Metro TC