Archive Decision

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Taranaki RC 10 February 2012 – R 1

ID: JCA17322

Applicant:
Mr R Neal - Stipendiary Steward

Respondent(s):
Miss M Vance - Apprentice Jockey

Other Person:
Mr W Marshment - Licensed Trainer (assisting Miss Vance)

Information Number:
A3077

Hearing Type:
Hearing

Rules:
Rule 610(4)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taranaki RC - 10 February 2012

Meet Chair:
TUtikere

Meet Committee Member 1:
ISmith

Race Date:
2012/02/10

Race Number:
Race 1

Decision:

As the charge was admitted it was found to be proved.

Penalty:

Miss Vance was fined the sum of $150.

Charge:

Apprentice Jockey M Vance appeared before the committee on an alleged breach of Rule 610(4). The information stated “M Vance presented herself wearing a vest that had been modified.”

Rule 610(4) states:

 “A rider may not wear or have in their possession a body protector or skull cap that has been modified in any way.”

Facts:

Miss Vance, assisted by Mr Marshment, indicated to the committee that she understood Rule 610 (4), and that she admitted the breach.

Mr Neal submitted that when Miss Vance was at the scales at the start of the race meeting, Assistant Stipendiary Steward Mr Bateup noticed that the bottom of Miss Vance’s body safety vest appeared to be flapping. Miss Vance’s vest was subsequently examined by the stipendiary stewards, and upon inspection the stewards noticed that the rear bottom padding had been removed from the panels. Mr Neal stated that Miss Vance freely advised the stewards that she had removed the partitions for comfort reasons. Mr Neal informed the committee that when a body safety vest is modified in any way, the vest then loses its manufacturer’s warranty.

Mr Marshment submitted that when the safety vests were manufactured, it was possible that they were made to suit a male jockey, and it was likely that the vest could be uncomfortable for female riders. In response, Mr Neal submitted that there were alternative safety vests available, albeit they may be heavier in weight.

Miss Vance indicated that the reason she modified her vest was that the alternative ones that Mr Neal referred to were heavier in weight, and that the vest she had modified, would, in an unmodified state, push up on her neck to the point where she felt she was unable to move. She also submitted that if she was to have a fall whilst wearing the vest, she would not be able to roll in order to protect herself as it restricted her movement. However, she did acknowledge that she should not have modified her safety vest.

Submissions for Penalty:

Stipendiary Steward Mr Neal submitted that the stewards had been consistent in their approach to breaches of this rule, and previous breaches had resulted in fines ranging from $50 to $350. He also stated that previous breaches by apprentice riders had resulted in a fine of between $100 and $200. He submitted that a fine within this range would be appropriate on this occasion.

Miss Vance submitted that a fine at the lower end of the scale be imposed as she had only been engaged for one ride at the Taranaki meeting.

Mr Marshment submitted that as Miss Vance had not sought to cheat her weight, a minimum fine was appropriate.

Reasons for Penalty:

The committee had regard to all of the submissions put before it. We were able to inspect the modifications made to Miss Vance’s safety vest and were of the opinion that any alterations to a safety vest were a serious threat to active participants’ safety. In mitigation we considered Miss Vance’s inexperience as an apprentice jockey, her early admittance of the breach and co-operation with the judicial process on this occasion. The committee also considered it appropriate that the penalty reflect consistency with previous breaches of this rule by other apprentice riders.

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: f8845f54dc4035b02ecefe16efc04c88


informantnumber: A3077


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 02/02/2012


hearing_title: Taranaki RC 10 February 2012 - R 1


charge:

Apprentice Jockey M Vance appeared before the committee on an alleged breach of Rule 610(4). The information stated “M Vance presented herself wearing a vest that had been modified.”

Rule 610(4) states:

 “A rider may not wear or have in their possession a body protector or skull cap that has been modified in any way.”


facts:

Miss Vance, assisted by Mr Marshment, indicated to the committee that she understood Rule 610 (4), and that she admitted the breach.

Mr Neal submitted that when Miss Vance was at the scales at the start of the race meeting, Assistant Stipendiary Steward Mr Bateup noticed that the bottom of Miss Vance’s body safety vest appeared to be flapping. Miss Vance’s vest was subsequently examined by the stipendiary stewards, and upon inspection the stewards noticed that the rear bottom padding had been removed from the panels. Mr Neal stated that Miss Vance freely advised the stewards that she had removed the partitions for comfort reasons. Mr Neal informed the committee that when a body safety vest is modified in any way, the vest then loses its manufacturer’s warranty.

Mr Marshment submitted that when the safety vests were manufactured, it was possible that they were made to suit a male jockey, and it was likely that the vest could be uncomfortable for female riders. In response, Mr Neal submitted that there were alternative safety vests available, albeit they may be heavier in weight.

Miss Vance indicated that the reason she modified her vest was that the alternative ones that Mr Neal referred to were heavier in weight, and that the vest she had modified, would, in an unmodified state, push up on her neck to the point where she felt she was unable to move. She also submitted that if she was to have a fall whilst wearing the vest, she would not be able to roll in order to protect herself as it restricted her movement. However, she did acknowledge that she should not have modified her safety vest.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was found to be proved.


sumissionsforpenalty:

Stipendiary Steward Mr Neal submitted that the stewards had been consistent in their approach to breaches of this rule, and previous breaches had resulted in fines ranging from $50 to $350. He also stated that previous breaches by apprentice riders had resulted in a fine of between $100 and $200. He submitted that a fine within this range would be appropriate on this occasion.

Miss Vance submitted that a fine at the lower end of the scale be imposed as she had only been engaged for one ride at the Taranaki meeting.

Mr Marshment submitted that as Miss Vance had not sought to cheat her weight, a minimum fine was appropriate.


reasonsforpenalty:

The committee had regard to all of the submissions put before it. We were able to inspect the modifications made to Miss Vance’s safety vest and were of the opinion that any alterations to a safety vest were a serious threat to active participants’ safety. In mitigation we considered Miss Vance’s inexperience as an apprentice jockey, her early admittance of the breach and co-operation with the judicial process on this occasion. The committee also considered it appropriate that the penalty reflect consistency with previous breaches of this rule by other apprentice riders.


penalty:

Miss Vance was fined the sum of $150.


hearing_type: Hearing


Rules: Rule 610(4)


Informant: Mr R Neal - Stipendiary Steward


JockeysandTrainer: Miss M Vance - Apprentice Jockey


Otherperson: Mr W Marshment - Licensed Trainer (assisting Miss Vance)


PersonPresent:


Respondent:


StipendSteward:


raceid: 8e2395fee05eaf02e40b8ebbb158afc1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 67cf8e34438d990d8fb92164696f0a8d


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/02/2012


meet_title: Taranaki RC - 10 February 2012


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TUtikere", "Member": "", "OtherExpenses": "203.50", "KMs": "500", "Total": "513.5", "kmprice": 310.0, "Approved": "on"}]


meet_otherexp:


tracklocation: taranaki-rc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: ISmith


meet_pm2: none


name: Taranaki RC