Archive Decision

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NZ Metro TC – 27 January 2005 – Race 2

ID: JCA20233

Hearing Type:
Old Hearing

Rules:
847.1

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 27 January 2005

Race Date:
2005/01/27

Race Number:
Race 2

Decision: --

Following the running of Race 2 an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. G. Herlihy, Open Horseman, alleging a breach of Rule 847(1), in that he failed to wear a safety vest.



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DECISION AND REASONS:

--

Following the running of Race 2 an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. G. Herlihy, Open Horseman, alleging a breach of Rule 847(1), in that he failed to wear a safety vest.

------

Mr Herlihy had indicated on the information that he admitted this breach

--

of the rule and he confirmed this at the hearing.

------

The rule provides that no horseman shall be checked out unless he wears safety

--

gear which complies with the requirements of the Safety Gear Regulations made by the Executive.

--

Mr McIntyre gave evidence that after Race 2 he noticed that Mr Herlihy appeared not to be wearing a safety vest. When questioned about the matter Mr Herlihy agreed that he not worn a safety vest during the race.

--

Mr Herlihy did not dispute the facts as set out by Mr McIntyre. He explained that he had arrived at the course late and had packed his own safety vest in preparation for flying to Australia. He said that he had tried to find a vest to wear but could not. Mr Herlihy accepted that he was at fault.

--

PENALTY: Mr McIntyre made submissions that this was a driver safety issue and that a fine of $300-00 would be appropriate. Mr Herlihy said that he believed a fine of half the amount recommended would be more appropriate.

--

I have recently had the need to look at the range of fines for a breach of this Rule. Fines of $200-00 have been imposed in the past and as Mr Helihy admitted the breach a fine of $200-00 will be imposed in this case.

--

 

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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: 4f775d3df30bd964fbbb60e10d0820eb


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 27/01/2005


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 27 January 2005 - Race 2


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Following the running of Race 2 an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. G. Herlihy, Open Horseman, alleging a breach of Rule 847(1), in that he failed to wear a safety vest.



----------
--

DECISION AND REASONS:

--

Following the running of Race 2 an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. G. Herlihy, Open Horseman, alleging a breach of Rule 847(1), in that he failed to wear a safety vest.

------

Mr Herlihy had indicated on the information that he admitted this breach

--

of the rule and he confirmed this at the hearing.

------

The rule provides that no horseman shall be checked out unless he wears safety

--

gear which complies with the requirements of the Safety Gear Regulations made by the Executive.

--

Mr McIntyre gave evidence that after Race 2 he noticed that Mr Herlihy appeared not to be wearing a safety vest. When questioned about the matter Mr Herlihy agreed that he not worn a safety vest during the race.

--

Mr Herlihy did not dispute the facts as set out by Mr McIntyre. He explained that he had arrived at the course late and had packed his own safety vest in preparation for flying to Australia. He said that he had tried to find a vest to wear but could not. Mr Herlihy accepted that he was at fault.

--

PENALTY:

Mr McIntyre made submissions that this was a driver safety issue and that a fine of $300-00 would be appropriate. Mr Herlihy said that he believed a fine of half the amount recommended would be more appropriate.--

I have recently had the need to look at the range of fines for a breach of this Rule. Fines of $200-00 have been imposed in the past and as Mr Helihy admitted the breach a fine of $200-00 will be imposed in this case.

--

 

--

 

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 847.1


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9e19dc80bdfb3ad72df4c089883a68ee


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5cf76df16f8fcd3104c4419a789bc553


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/01/2005


meet_title: NZ Metro TC - 27 January 2005


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: NZ Metro TC