Auckland TC 31 December 2020 – R 2 – Chair, Mr A Smith
ID: JCA10585
Meet Title:
Auckland TC - 31 December 2020
Meet Chair:
ASmith
Meet Committee Member 1:
GJones
Race Date:
2020/12/31
Race Number:
R2
Decision:
As the breach was admitted the Committee found the charge proved.
Penalty:
Mr Mangos Open Driver’s Licence is suspended for a period commencing after the close of racing on 31 December 2020 up to and including 21 January 2021 which represents 3 Northern race meetings.
These dates are:
8th January 2021 - Waikato BOP Harness
14th January 2021 - Waikato BOP Harness
21st January 2021 - Waikato BOP Harness
Neither Wairarapa (driver declarations closed) nor Kapiti (no confirmed drives) were included as part of the penalty.
Facts:
This is an admitted breach arising from the running of Race 2, the Lincoln Farms Mobile Pace 2200m. An Information was filed by Senior Stipendiary Steward, Mr Muirhead, alleging Licensed Driver, Mr B Mangos (DOUBLE UP) used his whip free of the rein over the concluding stages of the race.
Rule 869 provides that:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Part 3 of the Whip and Rein Regulations provides 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 purpose 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 is permitted by clause 3.1.
Submissions for Penalty:
Senior Stipendiary Steward, Mr Muirhead used available video footage to demonstrate the breach. He identified DOUBLE UP (B Mangos) running home strongly in a 4 wide position. He said that over the concluding stages and particularly from about the 60m mark, Mr Mangos used a freehand and backhand motion continuously. Mr Muirhead added that Mr Mangos used his whip 8-9 times from the 60m mark.
In response Mr Mangos advised that he did not wish to make any comment about the breach.
Reasons for Penalty:
After viewing the video and consideration of submissions, the Committee determined that Mr Mangos whip use did not conform with the Whip Use Guidelines as provided by HRNZ.
The Committee has assessed the breach as a “medium-level breach”, which is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”.
The HRNZ Whip Penalty Guidelines provide a 2 day starting point or $500 fine for the first offence of a mid-level breach. A suspension for 2nd or subsequent breach is recommended irrespective of the level.
After taking all matters into account the committee determined that it would adopt a 2 day starting point for the breach and apply an uplift of 1 day due to this being Mr Mangos 2nd breach since 1 October 2020.
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: 03b52b9601906a2c742e95888f66e929
informantnumber: A12979
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2020
hearing_title: Auckland TC 31 December 2020 – R 2 – Chair, Mr A Smith
charge:
facts:
This is an admitted breach arising from the running of Race 2, the Lincoln Farms Mobile Pace 2200m. An Information was filed by Senior Stipendiary Steward, Mr Muirhead, alleging Licensed Driver, Mr B Mangos (DOUBLE UP) used his whip free of the rein over the concluding stages of the race.
Rule 869 provides that:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Part 3 of the Whip and Rein Regulations provides 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 purpose 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 is permitted by clause 3.1.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted the Committee found the charge proved.
sumissionsforpenalty:
Senior Stipendiary Steward, Mr Muirhead used available video footage to demonstrate the breach. He identified DOUBLE UP (B Mangos) running home strongly in a 4 wide position. He said that over the concluding stages and particularly from about the 60m mark, Mr Mangos used a freehand and backhand motion continuously. Mr Muirhead added that Mr Mangos used his whip 8-9 times from the 60m mark.
In response Mr Mangos advised that he did not wish to make any comment about the breach.
reasonsforpenalty:
After viewing the video and consideration of submissions, the Committee determined that Mr Mangos whip use did not conform with the Whip Use Guidelines as provided by HRNZ.
The Committee has assessed the breach as a “medium-level breach”, which is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”.
The HRNZ Whip Penalty Guidelines provide a 2 day starting point or $500 fine for the first offence of a mid-level breach. A suspension for 2nd or subsequent breach is recommended irrespective of the level.
After taking all matters into account the committee determined that it would adopt a 2 day starting point for the breach and apply an uplift of 1 day due to this being Mr Mangos 2nd breach since 1 October 2020.
penalty:
Mr Mangos Open Driver’s Licence is suspended for a period commencing after the close of racing on 31 December 2020 up to and including 21 January 2021 which represents 3 Northern race meetings.
These dates are:
8th January 2021 - Waikato BOP Harness
14th January 2021 - Waikato BOP Harness
21st January 2021 - Waikato BOP Harness
Neither Wairarapa (driver declarations closed) nor Kapiti (no confirmed drives) were included as part of the penalty.
hearing_type: Hearing
Rules: 869(2)and Use of Whip Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr B Mangos - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 429be6448523f70be2723afc232510ee
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair: submitted
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ec33d3b907bb1928acc47284ecb071d8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/12/2020
meet_title: Auckland TC - 31 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ASmith
meet_pm1: GJones
meet_pm2: none
name: Auckland TC