Ashburton TC 5 June 2016 – R 6 – Chair, Mr S Ching
ID: JCA14311
Meet Title:
Ashburton TC - 5 June 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/06/05
Race Number:
R6
Decision:
As Mr Hay had admitted the breach, the charge was found proved.
Penalty:
Accordingly, Mr Hay’s Open Horsemans license is suspended from the conclusion of racing today, 5 June, up to and including 12 June. This period of suspension encompasses the meetings at Nelson on 10 and 12 June 2016.
Facts:
Following the running of Race 6, the Inkwise NZ Mobile Pace, an information was filed by Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr J Hay, alleging a breach of Rule 869(3) (b) and the Passing Lane Regulations in that he allowed his horse to move inwards into the expanded inside lane when you had an unimpeded run to the finish line.
Mr Hay had indicated on the Information that this breach of the Rules was admitted which he confirmed to the Committee and that he understood the Rule he was charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansionof the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
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 869A and the horseman shall be in breach of Rule 869(3)(f)
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.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr Ydgren gave evidence and showed the relevant films of the alleged interference which occurred shortly after the entrance to the passing lane. Mr Ydgren pointed out GIMMEGOLD, driven by Mr Hay, racing on the pylons behind the lead horse with WAR HORSE, driven by Mr Quate in the trail. As the horses passed the entrance to the passing lane, Mr Hay shifted his horse down into the passing lane as he was entitled to do with and had an unimpeded run to the line. Mr Quate following Mr Hay. Mr Hay positioned GIMMEGOLD approximately a horse and sulky width into the passing lane leaving a gap on his inner which Mr Quate attempted to take advantage of. Mr Hay then continued shifting down further into the passing lane effectively closing the gap on Mr Quate who was unable to improve any further and was forced down over the pylons and eventually locked wheels with Mr Hay. Mr Ydgren stated that at a subsequent successful protest hearing, Mr Hay’s runner, GIMMEGOLD was relegated to 4th place. He said Mr Hay was clearly in breach of the passing lane regulations and therefore drove carelessly.
Submissions for Penalty:
Mr Ydgren submitted that the JCA Penalty Guide stated a 3-day suspension was recommended as a starting point when the carelessness resulted in a relegation. Mr Ydgren stated that Mr Hay had a clear record in regard to this Rule and had admitted the breach at the first opportunity. He submitted that a 2-day suspension be considered as penalty in this case.
Mr Hay stated that he was intending to take a team to the 2-day Nelson meeting so would have been driving at that meeting. He submitted that he would like to begin any suspension as soon as possible.
Mr Ydgren had no objection to any suspension to include the Nelson meeting.
Reasons for Penalty:
In determining penalty, the Committee gave consideration to all aggravating and mitigating factors. The JCA Penalty Guide recommends a starting point for a breach of this rule where a relegation takes place, is a 3-day suspension. In taking the starting point of a 3-day suspension we are able to give Mr Hay a discount of 1 day for his clear record and his admission of the breach. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
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: 736f21c6265fe3d362d9a9eda85ba669
informantnumber: A4327
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 10/06/2016
hearing_title: Ashburton TC 5 June 2016 - R 6 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the Inkwise NZ Mobile Pace, an information was filed by Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr J Hay, alleging a breach of Rule 869(3) (b) and the Passing Lane Regulations in that he allowed his horse to move inwards into the expanded inside lane when you had an unimpeded run to the finish line.
Mr Hay had indicated on the Information that this breach of the Rules was admitted which he confirmed to the Committee and that he understood the Rule he was charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansionof the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
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 869A and the horseman shall be in breach of Rule 869(3)(f)
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.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr Ydgren gave evidence and showed the relevant films of the alleged interference which occurred shortly after the entrance to the passing lane. Mr Ydgren pointed out GIMMEGOLD, driven by Mr Hay, racing on the pylons behind the lead horse with WAR HORSE, driven by Mr Quate in the trail. As the horses passed the entrance to the passing lane, Mr Hay shifted his horse down into the passing lane as he was entitled to do with and had an unimpeded run to the line. Mr Quate following Mr Hay. Mr Hay positioned GIMMEGOLD approximately a horse and sulky width into the passing lane leaving a gap on his inner which Mr Quate attempted to take advantage of. Mr Hay then continued shifting down further into the passing lane effectively closing the gap on Mr Quate who was unable to improve any further and was forced down over the pylons and eventually locked wheels with Mr Hay. Mr Ydgren stated that at a subsequent successful protest hearing, Mr Hay’s runner, GIMMEGOLD was relegated to 4th place. He said Mr Hay was clearly in breach of the passing lane regulations and therefore drove carelessly.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Hay had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren submitted that the JCA Penalty Guide stated a 3-day suspension was recommended as a starting point when the carelessness resulted in a relegation. Mr Ydgren stated that Mr Hay had a clear record in regard to this Rule and had admitted the breach at the first opportunity. He submitted that a 2-day suspension be considered as penalty in this case.
Mr Hay stated that he was intending to take a team to the 2-day Nelson meeting so would have been driving at that meeting. He submitted that he would like to begin any suspension as soon as possible.
Mr Ydgren had no objection to any suspension to include the Nelson meeting.
reasonsforpenalty:
In determining penalty, the Committee gave consideration to all aggravating and mitigating factors. The JCA Penalty Guide recommends a starting point for a breach of this rule where a relegation takes place, is a 3-day suspension. In taking the starting point of a 3-day suspension we are able to give Mr Hay a discount of 1 day for his clear record and his admission of the breach. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Mr Hay’s Open Horsemans license is suspended from the conclusion of racing today, 5 June, up to and including 12 June. This period of suspension encompasses the meetings at Nelson on 10 and 12 June 2016.
hearing_type: Hearing
Rules: 869 (3) (b) and Passing Lane Regulations
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr J Hay - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9b4a96d5757086d0e76ea38df4d593a2
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
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meetdate: 05/06/2016
meet_title: Ashburton TC - 5 June 2016
meet_expappcomment:
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meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
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name: Ashburton TC