Timaru HRC – 3 January 2006 – Race 10
ID: JCA19743
Hearing Type (Code):
harness-racing
Meet Title:
Timaru HRC - 3 January 2006
Race Date:
2006/01/03
Race Number:
Race 10
Decision: --
Following the running of Race 10 an information was lodged by Stipendiary Steward Mr N. G. McIntyre against Mr J. M. Gray alleging a breach of Rule 867 in that Mr Gray drove Falcon XR and took his left foot out of the footrest on a number of occasions and used it as a bar.
--
DECISION AND REASONS:
--This charge was heard at the Kaikoura Trotting Club's meeting at Addington Raceway on 5 January 2006.
--Following the running of Race 10 an information was lodged by Stipendiary Steward Mr N. G. McIntyre against Mr J. M. Gray alleging a breach of Rule 867 in that Mr Gray drove Falcon XR and took his left foot out of the footrest on a number of occasions and used it as a bar.
--Mr Gray pleaded guilty to this breach at the hearing.
--Mr McIntyre gave evidence that Mr Gray was seen to drop his left foot out of the rest on at least two occasions and use it as a bar.
--Mr Gray explained that he had never done this before, and did it at the suggestion of the trainer. Mr Gray accepted that this was not a defence to this breach of the Rules.
--PENALTY: Mr McIntyre advised that Mr Gray had no previous conviction for a breach of this rule. Mr McIntyre also made submissions that this breach was more serious than simply taking a foot out of the rest, and that using a foot as a bar was bordering on improper driving.
--Mr McIntyre also referred to an incident at the recent Auckland Inter-Dominions where a senior driver was convicted of a similar breach in an Inter-Dominion heat. On that occasion a fine of $750-00 was imposed.
--Mr McIntyre recommended a fine of $300-00.
--Mr Gray said that a fine of $300-00 would be harsh as he was a Junior driver and did not make a lot of money.
--We adjourned to consider the question of penalty.
--We found that previous fines for a breach of Rule 867 (other than the one referred to by Mr McIntyre) had recently ranged between $100-00 and $300-00, although we were unaware of the circumstances of these breaches.
--On returning to the Enquiry Room we gave the following oral decision.
--"We have taken into account several matters. Firstly we have taken into account that you are a Junior Driver. We take into account your guilty plea. Having had a look at previous penalties we note that a Senior Driver was fined $150-00 for a first offence and that was on an occasion where he simply dropped his foot out of the rest and didn?t do anything else. Finally we take into account that the $750-00 fine was imposed on a Senior Driver at a Premier Meeting at Auckland, and we understand that it was in an Inter-Dominion heat, and did the same thing as you did and was fined the sum of $750-00.
--So taking all those matters into account we are going to fine you the sum of $250-00."
----
--
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: 65c2ea19f5774ea9c7c36ffef16a3c95
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 03/01/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Timaru HRC - 3 January 2006 - Race 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 10 an information was lodged by Stipendiary Steward Mr N. G. McIntyre against Mr J. M. Gray alleging a breach of Rule 867 in that Mr Gray drove Falcon XR and took his left foot out of the footrest on a number of occasions and used it as a bar.
--
DECISION AND REASONS:
--This charge was heard at the Kaikoura Trotting Club's meeting at Addington Raceway on 5 January 2006.
--Following the running of Race 10 an information was lodged by Stipendiary Steward Mr N. G. McIntyre against Mr J. M. Gray alleging a breach of Rule 867 in that Mr Gray drove Falcon XR and took his left foot out of the footrest on a number of occasions and used it as a bar.
--Mr Gray pleaded guilty to this breach at the hearing.
--Mr McIntyre gave evidence that Mr Gray was seen to drop his left foot out of the rest on at least two occasions and use it as a bar.
--Mr Gray explained that he had never done this before, and did it at the suggestion of the trainer. Mr Gray accepted that this was not a defence to this breach of the Rules.
--PENALTY:
Mr McIntyre advised that Mr Gray had no previous conviction for a breach of this rule. Mr McIntyre also made submissions that this breach was more serious than simply taking a foot out of the rest, and that using a foot as a bar was bordering on improper driving. --Mr McIntyre also referred to an incident at the recent Auckland Inter-Dominions where a senior driver was convicted of a similar breach in an Inter-Dominion heat. On that occasion a fine of $750-00 was imposed.
--Mr McIntyre recommended a fine of $300-00.
--Mr Gray said that a fine of $300-00 would be harsh as he was a Junior driver and did not make a lot of money.
--We adjourned to consider the question of penalty.
--We found that previous fines for a breach of Rule 867 (other than the one referred to by Mr McIntyre) had recently ranged between $100-00 and $300-00, although we were unaware of the circumstances of these breaches.
--On returning to the Enquiry Room we gave the following oral decision.
--"We have taken into account several matters. Firstly we have taken into account that you are a Junior Driver. We take into account your guilty plea. Having had a look at previous penalties we note that a Senior Driver was fined $150-00 for a first offence and that was on an occasion where he simply dropped his foot out of the rest and didn?t do anything else. Finally we take into account that the $750-00 fine was imposed on a Senior Driver at a Premier Meeting at Auckland, and we understand that it was in an Inter-Dominion heat, and did the same thing as you did and was fined the sum of $750-00.
--So taking all those matters into account we are going to fine you the sum of $250-00."
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 32c8783738b9d0638ce90adb0a2be428
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2ab0502cedac171822cdc6d43eb7363b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/01/2006
meet_title: Timaru HRC - 3 January 2006
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Timaru HRC