NZ Metro TC – 28 March 2008 –
ID: JCA22162
Hearing Type (Code):
harness-racing
Decision: Chief Stipendiary Steward Mr N. R. Escott has asked the Committee for a ruling as to whether mudguards can be fitted if such use has not been directed by the Stipendiary Stewards under the provisions of the Mudguards Regulation.
REQUEST FOR A RULING:
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Chief Stipendiary Steward Mr N. R. Escott has asked the Committee for a ruling as to whether mudguards can be fitted if such use has not been directed by the Stipendiary Stewards under the provisions of the Mudguards Regulation. This request was brought pursuant to the provisions of Rules 211(1)(e) and 1112. We record that no other parties attended this hearing.
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The Information reads as follows.
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“I, the above named informant hereby apply to the judicial committee and seek a ruling on the following matters: can mudguards be fitted if such use is not directed by the Stipendiary Stewards under the provisions of the Mudguards Regulations”.
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The “Mudguards Regulation” provides as follows.
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“In the event of inclement conditions, the Stipendiary Stewards shall have the sole power to direct the use of mudguards in any race or races on a day or nights programme. Such directive is to be announced on course. Mudguards shall be of a type approved by the Executive.
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When the use of mudguards is directed by the Stipendiary Stewards, trainers shall ensure that mudguards are fitted prior to the horse entering the assembly area.”
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Mr Escott gave evidence that a question had arisen as to whether a trainer or horseman had the right to make a decision to use mudguards. It was Mr Escott’s belief that, pursuant to the Rules, only Stipendiary Stewards could direct their use. Mr Escott also advised that mudguards were not approved gear under the “Approved Gear” Regulation.
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Having considered this application for a ruling we are satisfied that trainers and horsemen have a discretion (within the limitations imposed by the Rules) to use “approved gear”. Mudguards are not included in the “Approved Gear” Regulation.
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Our ruling is that the only time mudguards can be used is when a direction is given to do so by a Stipendiary Steward because of inclement conditions.
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____________
--J. M. Phelan
--Chairman
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Decision Date: 28/03/2008
Publish Date: 28/03/2008
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: d00102b23e459a6c2dea5c1206726eb1
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/03/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 28 March 2008 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Chief Stipendiary Steward Mr N. R. Escott has asked the Committee for a ruling as to whether mudguards can be fitted if such use has not been directed by the Stipendiary Stewards under the provisions of the Mudguards Regulation.REQUEST FOR A RULING:
----
Chief Stipendiary Steward Mr N. R. Escott has asked the Committee for a ruling as to whether mudguards can be fitted if such use has not been directed by the Stipendiary Stewards under the provisions of the Mudguards Regulation. This request was brought pursuant to the provisions of Rules 211(1)(e) and 1112. We record that no other parties attended this hearing.
----
The Information reads as follows.
----
“I, the above named informant hereby apply to the judicial committee and seek a ruling on the following matters: can mudguards be fitted if such use is not directed by the Stipendiary Stewards under the provisions of the Mudguards Regulations”.
----
The “Mudguards Regulation” provides as follows.
----
“In the event of inclement conditions, the Stipendiary Stewards shall have the sole power to direct the use of mudguards in any race or races on a day or nights programme. Such directive is to be announced on course. Mudguards shall be of a type approved by the Executive.
----
When the use of mudguards is directed by the Stipendiary Stewards, trainers shall ensure that mudguards are fitted prior to the horse entering the assembly area.”
----
Mr Escott gave evidence that a question had arisen as to whether a trainer or horseman had the right to make a decision to use mudguards. It was Mr Escott’s belief that, pursuant to the Rules, only Stipendiary Stewards could direct their use. Mr Escott also advised that mudguards were not approved gear under the “Approved Gear” Regulation.
----
Having considered this application for a ruling we are satisfied that trainers and horsemen have a discretion (within the limitations imposed by the Rules) to use “approved gear”. Mudguards are not included in the “Approved Gear” Regulation.
----
Our ruling is that the only time mudguards can be used is when a direction is given to do so by a Stipendiary Steward because of inclement conditions.
----
--
--
--
____________
--J. M. Phelan
--Chairman
--
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