Timaru HRC 24 April 2019 – R 2 – Chair, Mr S Ching
ID: JCA12472
Meet Title:
Timaru HRC - 24 April 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/04/24
Race Number:
R2
Decision:
As Mr Chmiel had admitted the breach, the charge was therefore found proved.
Penalty:
Accordingly, Mr Chmiel was fined the sum of $300.
Facts:
Following the running of Race 2, the More FM Trot, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr T Chmiel, alleging a breach of Rule 869(4) and the Home Straight Regulations in that “he shifted inwards into the passing lane and failed to allow full access to trailing runners.”
Rule 869(4)) reads as follows.
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
3. Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position.
Any horse which does so may be disqualified, or relegated under Rule 869A and the horseman shall be in breach of Rule 869(3)(f).
4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also acknowledged that he understood the rule he was being charged with.
Mr Renault gave evidence and used video coverage to show Mr Chmiel, driving MAJESTIC SUNSET, positioned as the lead horse and on the pylons as the field approached the passing lane, at the entrance to the home straight. He said that shortly after the entrance to the passing lane, Mr Chmiel allowed MAJESTIC SUNSET to shift down into the passing lane and continue in the lane until just before the winning post where he shifted back up the track to allow EYRE I GO, driven by Mr M Jones, room to improve on his inner. Mr Renault stated that the consequences of Mr Chmiel’s drive was that a protest was lodged against MAJESTIC SUNSET by the Stewards alleging interference to the 5th placed EYRE I GO.
Mr Chmiel stated that he was well clear turning for home and didn’t think about being in the passing lane as there were no horses near him. He said his horse was getting tired toward the end but said as soon as he heard Mr Jones behind him, he shifted up the track to give him his rightful line in the passing lane.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Chmiel’s statistics were that he had driven on 119 occasions this season to date. He stated that Mr Chmiel had a clear record in regard to this rule within the previous 12 months and had admitted the breach. Mr Renault stated that the JCA Penalty Guide provided for a breach of this rule, a starting point of a 6-drive suspension or a $300 fine. Mr Renault stated that the aggravating factor was that there was a protest lodged against MAJESTIC SUNSET, due to Mr Chmiel’s driving. Mr Renault submitted that an uplift be considered due to this factor and submitted that a fine of $400 be considered as penalty in this case.
Reasons for Penalty:
Taking into consideration the JCA Penalty Guide starting point of $300 for a mid-range breach of this Rule, the Committee assessed this breach as mid to high due to the distance Mr Chmiel continued on in the passing lane until Mr Jones arrived looking for his rightful running and a subsequent unsuccessful protest being lodged. We therefore adopted as a starting point a $400 fine. There were no aggravating factors to consider hence no further uplift in penalty warranted. There were however mitigating factors to consider, being Mr Chimel’s good record and admission of the breach, which warranted a combined discount. This discount we set at $100. We therefore determined that a $300 fine was an appropriate penalty in this case.
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: 6084ebf518d39d3544eed5c6edc9b7c2
informantnumber: A11372
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(4) and Home Straight Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 27/04/2019
hearing_title: Timaru HRC 24 April 2019 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the More FM Trot, an Information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr T Chmiel, alleging a breach of Rule 869(4) and the Home Straight Regulations in that “he shifted inwards into the passing lane and failed to allow full access to trailing runners.”
Rule 869(4)) reads as follows.
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
3. Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position.
Any horse which does so may be disqualified, or relegated under Rule 869A and the horseman shall be in breach of Rule 869(3)(f).
4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. He also acknowledged that he understood the rule he was being charged with.
Mr Renault gave evidence and used video coverage to show Mr Chmiel, driving MAJESTIC SUNSET, positioned as the lead horse and on the pylons as the field approached the passing lane, at the entrance to the home straight. He said that shortly after the entrance to the passing lane, Mr Chmiel allowed MAJESTIC SUNSET to shift down into the passing lane and continue in the lane until just before the winning post where he shifted back up the track to allow EYRE I GO, driven by Mr M Jones, room to improve on his inner. Mr Renault stated that the consequences of Mr Chmiel’s drive was that a protest was lodged against MAJESTIC SUNSET by the Stewards alleging interference to the 5th placed EYRE I GO.
Mr Chmiel stated that he was well clear turning for home and didn’t think about being in the passing lane as there were no horses near him. He said his horse was getting tired toward the end but said as soon as he heard Mr Jones behind him, he shifted up the track to give him his rightful line in the passing lane.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Chmiel had admitted the breach, the charge was therefore found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Chmiel’s statistics were that he had driven on 119 occasions this season to date. He stated that Mr Chmiel had a clear record in regard to this rule within the previous 12 months and had admitted the breach. Mr Renault stated that the JCA Penalty Guide provided for a breach of this rule, a starting point of a 6-drive suspension or a $300 fine. Mr Renault stated that the aggravating factor was that there was a protest lodged against MAJESTIC SUNSET, due to Mr Chmiel’s driving. Mr Renault submitted that an uplift be considered due to this factor and submitted that a fine of $400 be considered as penalty in this case.
reasonsforpenalty:
Taking into consideration the JCA Penalty Guide starting point of $300 for a mid-range breach of this Rule, the Committee assessed this breach as mid to high due to the distance Mr Chmiel continued on in the passing lane until Mr Jones arrived looking for his rightful running and a subsequent unsuccessful protest being lodged. We therefore adopted as a starting point a $400 fine. There were no aggravating factors to consider hence no further uplift in penalty warranted. There were however mitigating factors to consider, being Mr Chimel’s good record and admission of the breach, which warranted a combined discount. This discount we set at $100. We therefore determined that a $300 fine was an appropriate penalty in this case.
penalty:
Accordingly, Mr Chmiel was fined the sum of $300.
hearing_type: Hearing
Rules: 869(4)- and Home Straight Regulations
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: T Chmiel-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f4f97663576d1b896a0e5483c7154645
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
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race_pm1:
race_pm2:
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meetdate: 24/04/2019
meet_title: Timaru HRC - 24 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Timaru HRC