Archive Decision

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Banks Peninsula TC 26 November 2017 – R 3 – Chair, Mr R McKenzie

ID: JCA16097

Applicant:
S W Wallis, Stipendiary Steward

Respondent(s):
J J A Young, Licensed Open Driver

Information Number:
A09598

Hearing Type:
Hearing

New Charge:
Failing to allow access to passing lane

Rules:
869(4)& Passing Lanes, False Rails & Home Straight Regulations

Plea:
admitted

Meet Title:
Banks Peninsula TC - 26 November 2017

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DAnderson

Race Date:
2017/11/26

Race Number:
R3

Decision:

Ms Young having admitted the breach, the charge was found proved.

Penalty:

Ms Young was fined the sum of $250.

Facts:

Following the running of Race 3, Fern Law Solicitors Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Ms J J A Young, alleging that, as the driver of CLARENDON FALCON in the race, she “failed to maintain as straight a course as possible in the run home and as a result THE DOORMAN (C D Thornley) was denied access to the passing lane and had to shift ground”.

Ms Young was present at the hearing of the information and she indicated that she admitted the breach.

Rule 869 provides as follows:

(4) No horseman in any race 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 Lanes, False Rails and Home Straight Regulations provide:

(4) 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

Mr Wallis showed to the hearing the available video replay of the final 300-400 metres of the race. He pointed out Ms Young, driving CLARENDON FALCON, the leading horse on the running line as the field entered the final straight, the leader at that stage having run wide. THE DOORMAN, driven by Mr Thornley, was following CLARENDON FALCON.

Ms Young had maintained a straight course initially but, as Mr Thornley attempted to utilise the passing lane, Ms Young had allowed her horse to drift inwards, Mr Wallis said. Mr Thornley had to check out of the gap and had to wait briefly until he could change ground outwards to obtain a run to the finishing line. THE DOORMAN finished in 2nd placing, a nose in front of CLARENDON FALCON, Mr Wallis said.

Ms Young said she had been advised that CLARENDON FALCON tends to drift out when it sprints. She had in mind to use the running rail as a “guide” to overcome that tendency. She admitted that it did not look good. She had not intended to obstruct Mr Thornley and, in fact, she did not see his horse’s legs and neither did she hear him on her back. There had been no contact made and Mr Thornley had beaten her at the finish.

Submissions for Penalty:

Mr Wallis said that Ms Young is an experienced and busy driver in the Canterbury area. She has averaged 250 drives per season in the past two seasons and, in the current season to date, has had 47 drives. Her lifetime drives number 1,050.

Mr Wallis submitted that there were no aggravating factors. Mr Thornley had beaten Ms Young home and the winner had won by 4 lengths.

Mr Wallis said that the Penalty Guide starting point is a 6 drives’ suspension or a $300 fine. Ms Young had a clear record and had admitted the breach, he said. He submitted that an appropriate penalty would be a fine of $200-250.

Ms Young said that she would prefer a fine to a suspension but had no other submission to make in relation to penalty.

Reasons for Penalty:

In determining penalty, the Committee had regard to the starting point for penalty as provided in the Penalty Guide – a $300 fine – a fine being the appropriate penalty in this case. Ms Young was entitled to a discount for her admission of the breach and her good record. We fixed that discount at $50. The breach was in the low-to-mid range. There were no aggravating factors.

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: bba1b0f3e0209d0d92f2bbd2057f8fda


informantnumber: A09598


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failing to allow access to passing lane


plea: admitted


penaltyrequired: 1


decisiondate: 28/11/2017


hearing_title: Banks Peninsula TC 26 November 2017 - R 3 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 3, Fern Law Solicitors Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Ms J J A Young, alleging that, as the driver of CLARENDON FALCON in the race, she “failed to maintain as straight a course as possible in the run home and as a result THE DOORMAN (C D Thornley) was denied access to the passing lane and had to shift ground”.

Ms Young was present at the hearing of the information and she indicated that she admitted the breach.

Rule 869 provides as follows:

(4) No horseman in any race 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 Lanes, False Rails and Home Straight Regulations provide:

(4) 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

Mr Wallis showed to the hearing the available video replay of the final 300-400 metres of the race. He pointed out Ms Young, driving CLARENDON FALCON, the leading horse on the running line as the field entered the final straight, the leader at that stage having run wide. THE DOORMAN, driven by Mr Thornley, was following CLARENDON FALCON.

Ms Young had maintained a straight course initially but, as Mr Thornley attempted to utilise the passing lane, Ms Young had allowed her horse to drift inwards, Mr Wallis said. Mr Thornley had to check out of the gap and had to wait briefly until he could change ground outwards to obtain a run to the finishing line. THE DOORMAN finished in 2nd placing, a nose in front of CLARENDON FALCON, Mr Wallis said.

Ms Young said she had been advised that CLARENDON FALCON tends to drift out when it sprints. She had in mind to use the running rail as a “guide” to overcome that tendency. She admitted that it did not look good. She had not intended to obstruct Mr Thornley and, in fact, she did not see his horse’s legs and neither did she hear him on her back. There had been no contact made and Mr Thornley had beaten her at the finish.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Young having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Wallis said that Ms Young is an experienced and busy driver in the Canterbury area. She has averaged 250 drives per season in the past two seasons and, in the current season to date, has had 47 drives. Her lifetime drives number 1,050.

Mr Wallis submitted that there were no aggravating factors. Mr Thornley had beaten Ms Young home and the winner had won by 4 lengths.

Mr Wallis said that the Penalty Guide starting point is a 6 drives’ suspension or a $300 fine. Ms Young had a clear record and had admitted the breach, he said. He submitted that an appropriate penalty would be a fine of $200-250.

Ms Young said that she would prefer a fine to a suspension but had no other submission to make in relation to penalty.


reasonsforpenalty:

In determining penalty, the Committee had regard to the starting point for penalty as provided in the Penalty Guide – a $300 fine – a fine being the appropriate penalty in this case. Ms Young was entitled to a discount for her admission of the breach and her good record. We fixed that discount at $50. The breach was in the low-to-mid range. There were no aggravating factors.


penalty:

Ms Young was fined the sum of $250.


hearing_type: Hearing


Rules: 869(4)& Passing Lanes, False Rails & Home Straight Regulations


Informant: S W Wallis, Stipendiary Steward


JockeysandTrainer: J J A Young, Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 765aa24e1ca80bd82ec5ad44ff0028dd


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 71c5f9ecd717968c97182b5ecfb457b2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/11/2017


meet_title: Banks Peninsula TC - 26 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: DAnderson


meet_pm2: none


name: Banks Peninsula TC