NZ Metro TC 2 October 2020 – R 10 – Chair, Mr R McKenzie
ID: JCA12060
Meet Title:
NZ Metro TC - 2 October 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
OJarvis
Race Date:
2020/10/02
Race Number:
R10
Decision:
Mr May having admitted the breach, the charge is found proved.
Penalty:
Mr May’s Open Driver’s licence is suspended from after the conclusion of racing on 4 October 2020 up to and including 11 October 2020 – 3 days. The meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 8 October, Northern Southland TC on 10 October and Methven TC on 11 October 2020.
Facts:
Following the running of Race 10, PI & GJ Kennard Bloodstock Mobile Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr R T May, alleging that, as the driver of LAVER in the race, he “drove carelessly shortly after the start when allowing his horse to strike the sulky wheel of YOSSI (J C Hay) resulting in LAVER breaking”.
Mr May had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(3) No driver shall in any race drive:-
(b) carelessly
Mr Williams showed side-on and head-on video replays of the incident shortly after the start of the 1980 metres mobile start race. He pointed out LAVER, driven by Mr May, which had drawn barrier position 3 on the second row and YOSSI, driven by Mr Hay, which had drawn inside at barrier position 2 on the second row. Shortly after the start, Mr May eased his runner in an attempt to get on the back of YOSSI and, in doing so, struck the sulky wheel of YOSSI and broke, and lost ground. He had shifted in too quick, Mr Williams submitted. He accepted that LAVER had been overracing prior to the incident.
Mr May confirmed that the horse was overracing but he had made a misjudgement, he said, and touched the wheel of Mr Hay’s sulky. He thought he was in a position to shift down and only clipped the wheel and it looked worse than it was, he said.
Mr Williams confirmed that Mr Hay did not report a punctured tyre as a result of the incident.
Submissions for Penalty:
Mr Williams said that this is Mr May’s second breach in the last couple of months. His previous breach was at Oamaru on 16 August last, for which he received a 2-days suspension.
Mr May has had 93 drives this season and, last season, had 369 drives, Mr Williams said.
This being Mr May’s second breach of the careless driving rule, the Penalty Guide starting point is a 3-days suspension, Mr Williams said, Stewards were submitting that a 3-days suspension was an appropriate penalty.
Mr May said that he accepted that he was facing a 3-days suspension. The matter of a possible deferment was discussed and upcoming meetings were looked at. Mr May elected not to take a deferment of suspension. Drivers for the meeting of Timaru HRC on 4 October had been declared.
Reasons for Penalty:
The Penalty Guide prescribed penalty for a breach of the careless driving rule is a 3-days suspension. That is an appropriate starting point. It is an aggravating factor that this is Mr May’s second breach and this warrants a 1-day uplift from that starting point. However, Mr May’s frank admission of the breach is a mitigating factor for which we give him a 1-day discount.
JCA Decision Fields (raw)
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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: 33d2c0f1f495116b7b1b136ffec422b9
informantnumber: A13283
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 06/10/2020
hearing_title: NZ Metro TC 2 October 2020 - R 10 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 10, PI & GJ Kennard Bloodstock Mobile Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr R T May, alleging that, as the driver of LAVER in the race, he “drove carelessly shortly after the start when allowing his horse to strike the sulky wheel of YOSSI (J C Hay) resulting in LAVER breaking”.
Mr May had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(3) No driver shall in any race drive:-
(b) carelessly
Mr Williams showed side-on and head-on video replays of the incident shortly after the start of the 1980 metres mobile start race. He pointed out LAVER, driven by Mr May, which had drawn barrier position 3 on the second row and YOSSI, driven by Mr Hay, which had drawn inside at barrier position 2 on the second row. Shortly after the start, Mr May eased his runner in an attempt to get on the back of YOSSI and, in doing so, struck the sulky wheel of YOSSI and broke, and lost ground. He had shifted in too quick, Mr Williams submitted. He accepted that LAVER had been overracing prior to the incident.
Mr May confirmed that the horse was overracing but he had made a misjudgement, he said, and touched the wheel of Mr Hay’s sulky. He thought he was in a position to shift down and only clipped the wheel and it looked worse than it was, he said.
Mr Williams confirmed that Mr Hay did not report a punctured tyre as a result of the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr May having admitted the breach, the charge is found proved.
sumissionsforpenalty:
Mr Williams said that this is Mr May’s second breach in the last couple of months. His previous breach was at Oamaru on 16 August last, for which he received a 2-days suspension.
Mr May has had 93 drives this season and, last season, had 369 drives, Mr Williams said.
This being Mr May’s second breach of the careless driving rule, the Penalty Guide starting point is a 3-days suspension, Mr Williams said, Stewards were submitting that a 3-days suspension was an appropriate penalty.
Mr May said that he accepted that he was facing a 3-days suspension. The matter of a possible deferment was discussed and upcoming meetings were looked at. Mr May elected not to take a deferment of suspension. Drivers for the meeting of Timaru HRC on 4 October had been declared.
reasonsforpenalty:
The Penalty Guide prescribed penalty for a breach of the careless driving rule is a 3-days suspension. That is an appropriate starting point. It is an aggravating factor that this is Mr May’s second breach and this warrants a 1-day uplift from that starting point. However, Mr May’s frank admission of the breach is a mitigating factor for which we give him a 1-day discount.
penalty:
Mr May’s Open Driver’s licence is suspended from after the conclusion of racing on 4 October 2020 up to and including 11 October 2020 – 3 days. The meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 8 October, Northern Southland TC on 10 October and Methven TC on 11 October 2020.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: P Williams, Stipendiary Steward
JockeysandTrainer: R T May, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8b33cfd5f1a0511dac80d6b467828fe4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 597cac1a6e3c130fd5ee4f67625bc0b5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/10/2020
meet_title: NZ Metro TC - 2 October 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: OJarvis
meet_pm2: none
name: NZ Metro TC