Marlborough HRC 17 January 2021 – R 11 – Chair, Ms L Yong
ID: JCA22807
Hearing Type (Code):
harness-racing
Meet Title:
Marlborough HRC - 17 January 2021
Meet Chair:
DAnderson
Meet Committee Member 1:
LYong
Race Date:
2021/01/17
Race Number:
R 11
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr R Quirk - Stipendiary Steward
Respondent: Mr T Trathen – Open Driver
Information No: A13636
Meeting: Marlborough Harness Racing Club
Date: 17 January 2021
Venue: Waterlea Racecourse
Race: 11
Rule: 869(2) and Whip and Rein Regulations
Judicial Committee: Ms L Yong, Chair – Mr D Anderson, Member
Charge: Contravention of Use of Whip Regulations
Plea: Admitted
Evidence:
Following the running of Race 11 an Information was filed by Stipendiary Steward, Mr R Quirk alleging a breach of Rule 869(2) and the Whip and Rein Regulations by Driver, Mr T Trathen.
The information alleged T Trathen (DADNDAVE) used his whip free of the rein on several occasions in the home straight.
Mr Trathen was present at the hearing and acknowledged that:
a)-he understood the Rule and Regulations, and;
b)-he admitted the breach.
Rule 869(2) provides that 'No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board'.
The Whip & Rein Regulations state:
3.1. A driver may only apply the whip in a wrist only flicking motion whilst holding a rein 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 45 degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
Mr Quirk used the race video to identify Mr Trathen driving (8) DADNDAVE on the home straight. The horse was positioned widest on the track and Mr Trathen had commenced driving the horse out to the finish. Mr Quirk pointed out that Mr Trathen used the whip free of the rein on 3 occasions, alternating with some pushes, over approximately 100 metres. DADNDAVE finished in 4th placing.
Mr Trathen said that he had simply forgotten about the change of Rules as he does not drive frequently.
Decision:
As Mr Trathen admitted the breach the charge was found proved.
Submission for Penalty:
Mr Quirk stated that Mr Trathen was an infrequent driver and had a clear record. It was submitted that the offending was at a low to moderate level and considering all factors, the Stewards were seeking a fine in the range of $200 - $250 as penalty.
Mr Trathen did not make any submissions on penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a $200 fine, mitigation inclusive, for a low level breach of this Rule. Low level is defined as when a driver inadvertently reverts to the old style (free hand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to the compliant style.
Mr Trathen did not immediately take corrective steps to return to the compliant style but drove for approximately 100 metres while using his whip free of the rein.
The Committee determined that a fine of $250 was an appropriate penalty in this case.
Penalty:
Mr Trathen is fined $250.
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: de425ef1111945e883a186c0ee073fd1
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 17/01/2021
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Marlborough HRC 17 January 2021 - R 11 - Chair, Ms L Yong
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr R Quirk - Stipendiary Steward
Respondent: Mr T Trathen – Open Driver
Information No: A13636
Meeting: Marlborough Harness Racing Club
Date: 17 January 2021
Venue: Waterlea Racecourse
Race: 11
Rule: 869(2) and Whip and Rein Regulations
Judicial Committee: Ms L Yong, Chair – Mr D Anderson, Member
Charge: Contravention of Use of Whip Regulations
Plea: Admitted
Evidence:
Following the running of Race 11 an Information was filed by Stipendiary Steward, Mr R Quirk alleging a breach of Rule 869(2) and the Whip and Rein Regulations by Driver, Mr T Trathen.
The information alleged T Trathen (DADNDAVE) used his whip free of the rein on several occasions in the home straight.
Mr Trathen was present at the hearing and acknowledged that:
a)-he understood the Rule and Regulations, and;
b)-he admitted the breach.
Rule 869(2) provides that 'No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board'.
The Whip & Rein Regulations state:
3.1. A driver may only apply the whip in a wrist only flicking motion whilst holding a rein 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 45 degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
Mr Quirk used the race video to identify Mr Trathen driving (8) DADNDAVE on the home straight. The horse was positioned widest on the track and Mr Trathen had commenced driving the horse out to the finish. Mr Quirk pointed out that Mr Trathen used the whip free of the rein on 3 occasions, alternating with some pushes, over approximately 100 metres. DADNDAVE finished in 4th placing.
Mr Trathen said that he had simply forgotten about the change of Rules as he does not drive frequently.
Decision:
As Mr Trathen admitted the breach the charge was found proved.
Submission for Penalty:
Mr Quirk stated that Mr Trathen was an infrequent driver and had a clear record. It was submitted that the offending was at a low to moderate level and considering all factors, the Stewards were seeking a fine in the range of $200 - $250 as penalty.
Mr Trathen did not make any submissions on penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a $200 fine, mitigation inclusive, for a low level breach of this Rule. Low level is defined as when a driver inadvertently reverts to the old style (free hand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to the compliant style.
Mr Trathen did not immediately take corrective steps to return to the compliant style but drove for approximately 100 metres while using his whip free of the rein.
The Committee determined that a fine of $250 was an appropriate penalty in this case.
Penalty:
Mr Trathen is fined $250.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2) and Use of Whip Regulations
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: db9b8b5bbce2baa7e4931d8d6973ccab
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race_emailed1: 0
race_emailed2: 0
race_title: R 11
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meet_title: Marlborough HRC - 17 January 2021
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meet_chair: DAnderson
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name: Marlborough HRC