Banks Peninsula TC 21 March 2021 – R 7 – Chair, Mr R McKenzie
ID: JCA17040
Meet Title:
Banks Peninsula TC - 21 March 2021
Meet Chair:
RMcKenzie
Race Date:
2021/03/21
Race Number:
R7
Decision:
The charge was found proved.
Penalty:
Mr Chmiel is fined the sum of $200.
Facts:
Following the running of Race 7, BPC Cars Handicap Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Open Driver, Mr TS Chmiel, alleging that, as the driver of ANNIE RICHTER in the race, he “used his whip with more than a wrist flicking motion in the home straight”.
Mr Chmiel had signed the Statement by the Respondent on the Information form indicating that he denied the breach. He confirmed this at the hearing at which he 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.
3.2 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.
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.
Submissions for Decision:
Mr Renault showed a video replay of the final 400 metres of the race. He pointed out ANNIE RICHTER, driven by Mr Chmiel, racing towards the rear of the field and behind horses as the field entered the home straight. Mr Chmiel then used his whip in more than a wrist flicking motion – he engaged his elbow and used some force, Mr Renault said. He continued to urge the horse and, continued to use the whip, on occasions, with more than a wrist only flicking motion. The breach was low-range, Mr Renault said, but Mr Chmiel had used more than a wrist flick. The offending strikes were mainly at the top of the straight, Mr Renault said.
Mr Chmiel said that there was no force involved in the strikes. He was just attempting to urge his horse and, he believed, he had used only his wrist. He did not think it was “bad at all”, he said. The Committee pointed out that a breach of the Regulations could be committed without force being used but, rather, it was the manner in which the whip was used.
At this point in the hearing, the relevant part of the Regulations was read to Mr Chmiel and, in particular it was explained to him by the Committee that use of the elbow or shoulder when applying the whip amounted to using the whip in an unapproved manner.
Mr Chmiel appeared to accept this and had nothing further to add.
Reasons for Decision:
The Committee was more than satisfied that Mr Chmiel had used his whip in more that a wrist flicking motion, as alleged. The video evidence was compelling showing that Mr Chmiel had done so and had, clearly, used his elbow and shoulder when applying the whip and had raised his forearm beyond the forty-five degrees. Those factors add up to a clear breach of the regulations.
Mr Chmiel’s defence was, essentially, based on his own view that they were flicks, not forceful and and were not “bad at all”. The Committee does not agree. It appeared that Mr Chmiel may not have known what the requirements laid down by the Regulations are and that, once they were spelled out to him, he appeared to accept the breach.
Submissions for Penalty:
The breach was in the low-range, Mr Renault submitted, and Stewards considered that a fine of $200 was appropriate, being the starting point under the Penalty Guide for a low-level breach. Mr Chmiel had a clear record.
Having heard that submission from Mr Renault, Mr Chmiel had nothing to add.
Reasons for Penalty:
The HRNZ Whip Penalty Guide (effective 1 October 2020) provides as follows:
Low-level is defined 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 of driving.
The Committee was satisfied that Mr Chmiel’s whip use was low-level in terms of the regulation. The non-compliant strikes were delivered some distance from the finish, over a short distance and with not a lot of force after which Mr Chmiel’s whip use was, in the main, compliant.
The Committee noted that Mr Chmiel has had 186 drives, before today’s meeting, so he is a busy driver and his record is a good one, this being his first breach of the new Regulations.
There are no relevant aggravating or mitigating factors and the $200 fine prescribed in the Penalty Guide is the appropriate penalty on this occasion.
JCA Decision Fields (raw)
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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: c58b8c79ec4b648c3765d6164588439f
informantnumber: A13659
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: denied
penaltyrequired: 1
decisiondate: 23/03/2021
hearing_title: Banks Peninsula TC 21 March 2021 - R 7 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 7, BPC Cars Handicap Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Open Driver, Mr TS Chmiel, alleging that, as the driver of ANNIE RICHTER in the race, he “used his whip with more than a wrist flicking motion in the home straight”.
Mr Chmiel had signed the Statement by the Respondent on the Information form indicating that he denied the breach. He confirmed this at the hearing at which he 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.
3.2 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.
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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed a video replay of the final 400 metres of the race. He pointed out ANNIE RICHTER, driven by Mr Chmiel, racing towards the rear of the field and behind horses as the field entered the home straight. Mr Chmiel then used his whip in more than a wrist flicking motion – he engaged his elbow and used some force, Mr Renault said. He continued to urge the horse and, continued to use the whip, on occasions, with more than a wrist only flicking motion. The breach was low-range, Mr Renault said, but Mr Chmiel had used more than a wrist flick. The offending strikes were mainly at the top of the straight, Mr Renault said.
Mr Chmiel said that there was no force involved in the strikes. He was just attempting to urge his horse and, he believed, he had used only his wrist. He did not think it was “bad at all”, he said. The Committee pointed out that a breach of the Regulations could be committed without force being used but, rather, it was the manner in which the whip was used.
At this point in the hearing, the relevant part of the Regulations was read to Mr Chmiel and, in particular it was explained to him by the Committee that use of the elbow or shoulder when applying the whip amounted to using the whip in an unapproved manner.
Mr Chmiel appeared to accept this and had nothing further to add.
reasonsfordecision:
The Committee was more than satisfied that Mr Chmiel had used his whip in more that a wrist flicking motion, as alleged. The video evidence was compelling showing that Mr Chmiel had done so and had, clearly, used his elbow and shoulder when applying the whip and had raised his forearm beyond the forty-five degrees. Those factors add up to a clear breach of the regulations.
Mr Chmiel’s defence was, essentially, based on his own view that they were flicks, not forceful and and were not “bad at all”. The Committee does not agree. It appeared that Mr Chmiel may not have known what the requirements laid down by the Regulations are and that, once they were spelled out to him, he appeared to accept the breach.
Decision:
The charge was found proved.
sumissionsforpenalty:
The breach was in the low-range, Mr Renault submitted, and Stewards considered that a fine of $200 was appropriate, being the starting point under the Penalty Guide for a low-level breach. Mr Chmiel had a clear record.
Having heard that submission from Mr Renault, Mr Chmiel had nothing to add.
reasonsforpenalty:
The HRNZ Whip Penalty Guide (effective 1 October 2020) provides as follows:
Low-level is defined 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 of driving.
The Committee was satisfied that Mr Chmiel’s whip use was low-level in terms of the regulation. The non-compliant strikes were delivered some distance from the finish, over a short distance and with not a lot of force after which Mr Chmiel’s whip use was, in the main, compliant.
The Committee noted that Mr Chmiel has had 186 drives, before today’s meeting, so he is a busy driver and his record is a good one, this being his first breach of the new Regulations.
There are no relevant aggravating or mitigating factors and the $200 fine prescribed in the Penalty Guide is the appropriate penalty on this occasion.
penalty:
Mr Chmiel is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)& Whip and Rein Regulations
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr TS Chmiel - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 76f972cdcced5b40fc1a97481b9b40c7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c7b2f09d03861c79f29b6b3288d9a65a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/03/2021
meet_title: Banks Peninsula TC - 21 March 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: Banks Peninsula TC