Archive Decision

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Kumeu TC 15 November 2013 – R 8

ID: JCA16746

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Mr S Hunt - Licensed Amateur Horseman

Information Number:
A3827

Hearing Type:
Hearing

New Charge:
Checking Out Without A Safety Vest

Rules:
847(1) and Safety Gear Regulations

Plea:
admitted

Meet Title:
Kumeu TC - 15 November 2013

Meet Chair:
BScott

Meet Committee Member 1:
GJones

Race Date:
2013/11/15

Race Number:
R8

Decision:

The Charge is admitted and accordingly it is proved.

Penalty:

The Committee imposes a fine of $250.00 on Mr Hunt.

Facts:

Following the running of the WOODLANDS STUD (KUMEU PARADE SUPPORTER) MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Amateur Horseman Mr S Hunt alleging that Mr Hunt attempted to check out to drive RIVERBOAT KING without wearing a Safety Vest as per the Safety Gear Regulations.

Mr Hunt was present and advised the Committee that he admitted the breach.

Rule 847(1) states : No horseman shall check out or attempt to check out unless he wears safety gear which complies with the requirements of the Safety Gear Regulations made by the Board.

In respect to Safety Vests  the Safety Gear Regulations state : Drivers competing in harness race meetings in New Zealand when being checked out must be wearing a safety vest that complies with the Beta ( British Equestrian Assn ) Satra or QAS ( Qualifying Assurance Standard ) Standards.

The Rule and the Regulation were read out to Mr Hunt and he acknowledged that he understood them.

Mr Muirhead said that Mr Hunt attempted to check out without wearing a Safety Vest and he has admitted the breach.

Mr Hunt said that he had his vest with him but it was lying on the floor of his float and one of his horses had urinated on it. He said he had put it over a rail and put a towel over it in attempt to dry it. He said that when he went to go out to drive his horse he completely forgot the vest.

Submissions for Penalty:

Mr Muirhead said that the JCA Guidelines provide for a starting point Penalty of a fine of $500.00 or suspension of Licence for 10 drives. He said that this was a safety issue and was a serious matter.

He noted that Mr Hunt is an Amateur Driver and he has not faced this charge before.

He left it up to the Committee to decide upon the level of penalty.

Mr Hunt said that he is safety conscious and he pointed to the circumstances referred to above and said that he had simply overlooked it.

He said that he preferred a suspension of his Licence rather than a fine.

Reasons for Penalty:

The Committee listened to the evidence and submissions from Messrs Muirhead and Hunt. This is a safety issue and our concerns about this were relayed to Mr Hunt. The Committee believes that this matter should be dealt with by way of a fine.

The Committee noted that in November 2012 a professional Horseman was fined $250.00 for this charge and although the Committee believes that such fine is too low it will impose the same level of fine on Mr Hunt.

In terms of safety this Committee does not differentiate between Professional and Amateur Drivers.

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: daf784b8b6a720cc353ade4cbc25613b


informantnumber: A3827


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Checking Out Without A Safety Vest


plea: admitted


penaltyrequired: 1


decisiondate: 06/11/2013


hearing_title: Kumeu TC 15 November 2013 - R 8


charge:


facts:

Following the running of the WOODLANDS STUD (KUMEU PARADE SUPPORTER) MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Amateur Horseman Mr S Hunt alleging that Mr Hunt attempted to check out to drive RIVERBOAT KING without wearing a Safety Vest as per the Safety Gear Regulations.

Mr Hunt was present and advised the Committee that he admitted the breach.

Rule 847(1) states : No horseman shall check out or attempt to check out unless he wears safety gear which complies with the requirements of the Safety Gear Regulations made by the Board.

In respect to Safety Vests  the Safety Gear Regulations state : Drivers competing in harness race meetings in New Zealand when being checked out must be wearing a safety vest that complies with the Beta ( British Equestrian Assn ) Satra or QAS ( Qualifying Assurance Standard ) Standards.

The Rule and the Regulation were read out to Mr Hunt and he acknowledged that he understood them.

Mr Muirhead said that Mr Hunt attempted to check out without wearing a Safety Vest and he has admitted the breach.

Mr Hunt said that he had his vest with him but it was lying on the floor of his float and one of his horses had urinated on it. He said he had put it over a rail and put a towel over it in attempt to dry it. He said that when he went to go out to drive his horse he completely forgot the vest.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The Charge is admitted and accordingly it is proved.


sumissionsforpenalty:

Mr Muirhead said that the JCA Guidelines provide for a starting point Penalty of a fine of $500.00 or suspension of Licence for 10 drives. He said that this was a safety issue and was a serious matter.

He noted that Mr Hunt is an Amateur Driver and he has not faced this charge before.

He left it up to the Committee to decide upon the level of penalty.

Mr Hunt said that he is safety conscious and he pointed to the circumstances referred to above and said that he had simply overlooked it.

He said that he preferred a suspension of his Licence rather than a fine.


reasonsforpenalty:

The Committee listened to the evidence and submissions from Messrs Muirhead and Hunt. This is a safety issue and our concerns about this were relayed to Mr Hunt. The Committee believes that this matter should be dealt with by way of a fine.

The Committee noted that in November 2012 a professional Horseman was fined $250.00 for this charge and although the Committee believes that such fine is too low it will impose the same level of fine on Mr Hunt.

In terms of safety this Committee does not differentiate between Professional and Amateur Drivers.


penalty:

The Committee imposes a fine of $250.00 on Mr Hunt.


hearing_type: Hearing


Rules: 847(1) and Safety Gear Regulations


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer: Mr S Hunt - Licensed Amateur Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 29d59ae74181efb9a2dd0d750fc98629


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8b9a4cda059b9d71acd75020ae8ae20a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/11/2013


meet_title: Kumeu TC - 15 November 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kumeu-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: GJones


meet_pm2: none


name: Kumeu TC