Archive Decision

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Auckland TC 31 December 2011 – R 4

ID: JCA13360

Applicant:
Mr JM Muirhead - Stipendiary Steward

Respondent(s):
Ms N Rasmussen - Licensed Driver

Other Person:
Mr C George - Chief Stipendiary Steward

Information Number:
69175

Hearing Type:
Hearing

Rules:
Passing Lane Regulations Clause 4 and Rules 869(4) and 1003 and 869(8)

Plea:
admitted

Meet Title:
Auckland TC - 31 December 2011

Meet Chair:
BScott

Meet Committee Member 1:
GJones

Race Date:
2011/12/31

Race Number:
R4

Decision:

The Charge having been admitted is accordingly proved.

Penalty:

The Committee imposes a fine of $200.00 on Ms Rasmussen.

Charge:

Breach of the Passing Lane Regulations.

Facts:

An Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Driver Ms N Rasmussen alleging that she committed a breach of the Passing Lane Regulations in that she allowed her horse SOUTHWIND ARDEN to shift down into the Passing Lane in the home Straight.

Clause 4 of the Passing Lane Regulations provides " 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 "

Clause 8 provides " 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 869(8) apply."

Ms Rasmussen advised this Committee that she admitted the breach and did not wish to be present at the hearing.

Chief Stipendiary Steward Mr C George appeared before the Committee on Mr Muirhead's behalf and demonstrated the incident by use of the video films. The films showed SOUTHWIND ARDEN in front turning for home and it then ran clear of the trailing horse. It then moved into the passing lane and remained there for approximately 30 metres. The trailing horse was several lengths behind. SOUTHWIND ARDEN then moved out of the Passing Lane in the final stages of the Race.

Submissions for Penalty:

Mr George said that this matter was at the lower end of the Scale and that no other horses had been inconvenienced.

He said that the JCA Guidelines provide for a starting point fine of $300.00.

Reasons for Penalty:

The Committee has viewed the films several times and notes that firstly SOUTHWIND ARDEN was not in the Passing Lane for very long and secondly it was always clear of the trailing horses and did not cause any inconvenience to them.

The Committee agrees with Mr George that this matter is at the lower end of the Scale and as such any fine should be less than the starting point penalty. Ms Rasmussen is also given credit for admitting the breach and for her good driving record.

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: 68135208595cd12f90b36916c0e1efcb


informantnumber: 69175


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/12/2011


hearing_title: Auckland TC 31 December 2011 - R 4


charge:

Breach of the Passing Lane Regulations.


facts:

An Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Driver Ms N Rasmussen alleging that she committed a breach of the Passing Lane Regulations in that she allowed her horse SOUTHWIND ARDEN to shift down into the Passing Lane in the home Straight.

Clause 4 of the Passing Lane Regulations provides " 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 "

Clause 8 provides " 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 869(8) apply."

Ms Rasmussen advised this Committee that she admitted the breach and did not wish to be present at the hearing.

Chief Stipendiary Steward Mr C George appeared before the Committee on Mr Muirhead's behalf and demonstrated the incident by use of the video films. The films showed SOUTHWIND ARDEN in front turning for home and it then ran clear of the trailing horse. It then moved into the passing lane and remained there for approximately 30 metres. The trailing horse was several lengths behind. SOUTHWIND ARDEN then moved out of the Passing Lane in the final stages of the Race.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The Charge having been admitted is accordingly proved.


sumissionsforpenalty:

Mr George said that this matter was at the lower end of the Scale and that no other horses had been inconvenienced.

He said that the JCA Guidelines provide for a starting point fine of $300.00.


reasonsforpenalty:

The Committee has viewed the films several times and notes that firstly SOUTHWIND ARDEN was not in the Passing Lane for very long and secondly it was always clear of the trailing horses and did not cause any inconvenience to them.

The Committee agrees with Mr George that this matter is at the lower end of the Scale and as such any fine should be less than the starting point penalty. Ms Rasmussen is also given credit for admitting the breach and for her good driving record.


penalty:

The Committee imposes a fine of $200.00 on Ms Rasmussen.


hearing_type: Hearing


Rules: Passing Lane Regulations Clause 4 and Rules 869(4) and 1003 and 869(8)


Informant: Mr JM Muirhead - Stipendiary Steward


JockeysandTrainer: Ms N Rasmussen - Licensed Driver


Otherperson: Mr C George - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 967416cbb96a821b40e286780fe15aa6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a0d22accf70628c1fcbe697f07221d1d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/12/2011


meet_title: Auckland TC - 31 December 2011


meet_expappcomment:


meet_km: [{"Comment": [], "kmprice": 65.719999999999999, "MemberID": "BScott", "Member": "", "KMs": "106", "OtherExpenses": "0", "Total": 65.719999999999999, "MemberRole": "Chair ", "Approved": []}]


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: GJones


meet_pm2: none


name: Auckland TC