NZ Metro TC 29 October 2011 – R 1
ID: JCA15889
Meet Title:
NZ Metro TC - 29 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JMillar
Race Date:
2011/10/29
Race Number:
R1
Decision:
The charge was found proved.
Penalty:
Mr Chmiel was fined the sum of $100.
Charge:
Chin strap not fastened in race
Facts:
Following the running of Race 1, Metropol Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr T S Chmiel, alleging a breach of Rule 847 (2) in that Mr Chmiel, as the driver of VOCE in the race, failed to have his chinstrap fastened during the race.
Mr Chmiel was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 847 provides as follows:
(2) A horseman shall while seated in the sulky at a race meeting wear his safety helmet with the chin strap securely fastened.
Submissions for Decision:
Mr Ydgren said that it had been brought to the attention of the Stewards that, in the run home in Race 1, the chinstrap on the helmet of Mr Chmiel, the driver of the eventual winner VOCE, was clearly undone. Mr Ydgren showed a head-on video replay of the run home. He pointed out Mr Chmiel improving into the passing lane. He then pointed out that the chin strap on Mr Chmiel’s helmet could be seen to be “waving around”. Shortly after the post, Mr Chmiel attempted to do it up, Mr Ydgren said.
Mr Chmiel said that the strap had come undone only in the final 100 metres of the race and he used the video replay to show this. He suggested that, when had put on the helmet prior to the race, there had been a stone in the catch and the catch had later come undone. He said that he had clicked it right in before going out onto the track. He submitted that it could be seen, still done up, turning into the straight. Mr Chmiel presented the helmet for inspection by the Committee.
Mr Ydgren submitted that the reason for the chin strap coming undone could not be established but it clearly was undone for 100-150 metres. He further submitted that it was an offence of strict liability.
Reasons for Decision:
There were two things clear to the Committee from the evidence which it saw and heard relating to this charge. The first thing was that the chin strap of Mr Chmiel’s helmet was clearly undone at the finishing line. Secondly, the strap had only become unfastened in the concluding stages of the race – probably some 100 metres from the finish.
Mr Chmiel could not explain the malfunction but suggested that, perhaps, it was the result of a stone being lodged in the catch that prevented it clicking firmly into place. Mr Chmiel showed the helmet to the Committee.
While the Committee does have some sympathy with Mr Chmiel, we are drawn to the conclusion that the catch was not correctly fastened when he put the helmet on but that it had only come apart inside the final 100 metres. In any event, we are of the view that this offence is one of strict liability – that is to say, it is not necessary for the Stewards to prove any fault on Mr Chmiel’s part, only that he did drive with the chin strap unfastened. That was clearly established and was not disputed by Mr Chmiel.
Submissions for Penalty:
Mr Ydgren referred to the fact that a breach of this Rule is one for which a penalty is prescribed in the Minor Infringement System – a fine of $200. However, he said, the chin strap had been undone only for a very limited part of the race and, for all intents and purposes, Mr Chmiel had made every endeavour to ensure that the chin strap was done up.
Mr Ydgren submitted that, in the circumstances, a fine of between $100-150 was appropriate.
Mr Chmiel submitted that a fine of that amount would be severe. He repeated that he thought he had done up the chin strap.
Reasons for Penalty:
The Committee used, as a starting point in deciding penalty, a fine of $200 as prescribed in the Minor Infringement System. The Committee agreed with Mr Ydgren that a fine of that amount was not called for. Mr Chmiel believed that he had fastened the chin strap prior to going out onto the track and he was unlucky that it become unfastened so close to the finishing line. It was unfortunate and a minor breach of the Rule.
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: e129f198e40c5c381fd9961d4932f6bc
informantnumber: A5311
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 26/10/2011
hearing_title: NZ Metro TC 29 October 2011 - R 1
charge:
Chin strap not fastened in race
facts:
Following the running of Race 1, Metropol Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr T S Chmiel, alleging a breach of Rule 847 (2) in that Mr Chmiel, as the driver of VOCE in the race, failed to have his chinstrap fastened during the race.
Mr Chmiel was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 847 provides as follows:
(2) A horseman shall while seated in the sulky at a race meeting wear his safety helmet with the chin strap securely fastened.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said that it had been brought to the attention of the Stewards that, in the run home in Race 1, the chinstrap on the helmet of Mr Chmiel, the driver of the eventual winner VOCE, was clearly undone. Mr Ydgren showed a head-on video replay of the run home. He pointed out Mr Chmiel improving into the passing lane. He then pointed out that the chin strap on Mr Chmiel’s helmet could be seen to be “waving around”. Shortly after the post, Mr Chmiel attempted to do it up, Mr Ydgren said.
Mr Chmiel said that the strap had come undone only in the final 100 metres of the race and he used the video replay to show this. He suggested that, when had put on the helmet prior to the race, there had been a stone in the catch and the catch had later come undone. He said that he had clicked it right in before going out onto the track. He submitted that it could be seen, still done up, turning into the straight. Mr Chmiel presented the helmet for inspection by the Committee.
Mr Ydgren submitted that the reason for the chin strap coming undone could not be established but it clearly was undone for 100-150 metres. He further submitted that it was an offence of strict liability.
reasonsfordecision:
There were two things clear to the Committee from the evidence which it saw and heard relating to this charge. The first thing was that the chin strap of Mr Chmiel’s helmet was clearly undone at the finishing line. Secondly, the strap had only become unfastened in the concluding stages of the race – probably some 100 metres from the finish.
Mr Chmiel could not explain the malfunction but suggested that, perhaps, it was the result of a stone being lodged in the catch that prevented it clicking firmly into place. Mr Chmiel showed the helmet to the Committee.
While the Committee does have some sympathy with Mr Chmiel, we are drawn to the conclusion that the catch was not correctly fastened when he put the helmet on but that it had only come apart inside the final 100 metres. In any event, we are of the view that this offence is one of strict liability – that is to say, it is not necessary for the Stewards to prove any fault on Mr Chmiel’s part, only that he did drive with the chin strap unfastened. That was clearly established and was not disputed by Mr Chmiel.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the fact that a breach of this Rule is one for which a penalty is prescribed in the Minor Infringement System – a fine of $200. However, he said, the chin strap had been undone only for a very limited part of the race and, for all intents and purposes, Mr Chmiel had made every endeavour to ensure that the chin strap was done up.
Mr Ydgren submitted that, in the circumstances, a fine of between $100-150 was appropriate.
Mr Chmiel submitted that a fine of that amount would be severe. He repeated that he thought he had done up the chin strap.
reasonsforpenalty:
The Committee used, as a starting point in deciding penalty, a fine of $200 as prescribed in the Minor Infringement System. The Committee agreed with Mr Ydgren that a fine of that amount was not called for. Mr Chmiel believed that he had fastened the chin strap prior to going out onto the track and he was unlucky that it become unfastened so close to the finishing line. It was unfortunate and a minor breach of the Rule.
penalty:
Mr Chmiel was fined the sum of $100.
hearing_type: Hearing
Rules: 847 (2)
Informant: NM Ydgren - Stipendiary Steward
JockeysandTrainer: TS Chmiel - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 451368b23a81c991d6e21c05b5185e72
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d9105497962914a80148f19ea99eef39
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/10/2011
meet_title: NZ Metro TC - 29 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JMillar
meet_pm2: none
name: NZ Metro TC