Rangiora HRC 28 January 2014 – R 6
ID: JCA17267
Meet Title:
Rangiora HRC - 28 January 2014
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/01/28
Race Number:
R 6
Decision:
As Mr Nyhan has admitted the charge it is therefore deemed to be proved.
Penalty:
Mr Nyhan is fined $200.
Facts:
In Race 6, the Sefton Handicap Trot, Mr Nyhan was driving Take For Granted. As the field entered the straight with one lap to run, (between the 1200 metres and 1400 metres), Mr Nyhan was five back on the inside immediately behind Orse M Jogmar (S Trotter). Mr Nyhan at this point moved down the track and, using the passing lane, improved his position by one place. He slipped by, into the correct running line, in front of Orse M Jogmar. Mr Ydgren said that Orse M Jogmar was not interfered with, even though its driver had to ease it a little going into the bend at the end of the straight. Orse M Jogmar was always a beaten horse, but as Mr Ydgren said, Mr Nyhan was just not entitled to take the action that he did. His actions had the potential to cause problems, but having improved one place, Mr Ydgren acknowledged that Mr Nyhan took his horse back into the running line with ease. Mr Nyhan finished 8th in a field of 15.
Mr Nyhan elected not to be present at the hearing.
Submissions for Penalty:
Mr Ydgren said that whilst the penalty guide provides as a starting point, a fine of $1,000, that a fine of that magnitude was grossly excessive from the Stipendiary Stewards' point of view. He said that Mr Nyhan carried out his actions in a tidy manner and acknowledged that the horse in front was under pressure. However, the Stipendiary Stewards could not be seen to condoning such an action, as it was a clear breach of the Passing Lane Regulations.
Having regard to Mr Nyhan's clear record, and that his transgression was at the lower end of the scale of improper driving, together with his early admission of the breach, Mr Ydgren submitted that a fine of $200 was appropriate in this case.
Reasons for Penalty:
We note from the Penalty Database that Driver "S" was fined $200 at Cambridge on 22nd August 2013 for moving into the passing lane on the penultimate lap and back out again. We also consider that to adopt a $1,000, fine as a starting point for a penalty is grossly excessive in this case. No harm was done and the manoeuvre was carried out with some ease. That is not to say that this committee condones Mr Nyhan's actions, because of the real potential for harm to occur. That is what the regulation is for, i.e., to prevent harm occurring to other runners.
We regard Mr Nyhan's early admission of the breach and the fact that the degree of "improper driving" was at the lower end of the scale, as mitigating factors sufficient to allow us to impose a fine of $200.
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: f235daa00a3f5c30adafeefa844f49c4
informantnumber: A6112
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Used passing lane when not entitled to.
plea: admitted
penaltyrequired: 1
decisiondate: 22/01/2014
hearing_title: Rangiora HRC 28 January 2014 - R 6
charge:
facts:
In Race 6, the Sefton Handicap Trot, Mr Nyhan was driving Take For Granted. As the field entered the straight with one lap to run, (between the 1200 metres and 1400 metres), Mr Nyhan was five back on the inside immediately behind Orse M Jogmar (S Trotter). Mr Nyhan at this point moved down the track and, using the passing lane, improved his position by one place. He slipped by, into the correct running line, in front of Orse M Jogmar. Mr Ydgren said that Orse M Jogmar was not interfered with, even though its driver had to ease it a little going into the bend at the end of the straight. Orse M Jogmar was always a beaten horse, but as Mr Ydgren said, Mr Nyhan was just not entitled to take the action that he did. His actions had the potential to cause problems, but having improved one place, Mr Ydgren acknowledged that Mr Nyhan took his horse back into the running line with ease. Mr Nyhan finished 8th in a field of 15.
Mr Nyhan elected not to be present at the hearing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Nyhan has admitted the charge it is therefore deemed to be proved.
sumissionsforpenalty:
Mr Ydgren said that whilst the penalty guide provides as a starting point, a fine of $1,000, that a fine of that magnitude was grossly excessive from the Stipendiary Stewards' point of view. He said that Mr Nyhan carried out his actions in a tidy manner and acknowledged that the horse in front was under pressure. However, the Stipendiary Stewards could not be seen to condoning such an action, as it was a clear breach of the Passing Lane Regulations.
Having regard to Mr Nyhan's clear record, and that his transgression was at the lower end of the scale of improper driving, together with his early admission of the breach, Mr Ydgren submitted that a fine of $200 was appropriate in this case.
reasonsforpenalty:
We note from the Penalty Database that Driver "S" was fined $200 at Cambridge on 22nd August 2013 for moving into the passing lane on the penultimate lap and back out again. We also consider that to adopt a $1,000, fine as a starting point for a penalty is grossly excessive in this case. No harm was done and the manoeuvre was carried out with some ease. That is not to say that this committee condones Mr Nyhan's actions, because of the real potential for harm to occur. That is what the regulation is for, i.e., to prevent harm occurring to other runners.
We regard Mr Nyhan's early admission of the breach and the fact that the degree of "improper driving" was at the lower end of the scale, as mitigating factors sufficient to allow us to impose a fine of $200.
penalty:
Mr Nyhan is fined $200.
hearing_type: Hearing
Rules: Rule 869(3) No horseman in any race shall drive:-, (f) improperly., Passing Lane Regulation 3, Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position. Any horse which does so may be disqualified, or relegated under Rule 869(8) and the horseman shall be in breach of Rule 869)3)(f).
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr D Nyhan - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ab8b990b19ce350656fc376b8bd0b9ba
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 386232f89a3bca40dbf82e87c31f45b8
meet_expapproval:
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meetdate: 28/01/2014
meet_title: Rangiora HRC - 28 January 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: RMcKenzie
meet_pm2: none
name: Rangiora HRC