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Rangiora HRC 23 May 2021 - R 1 - Chair, Mr R McKenzie

Created on 26 May 2021

Committee:
RMcKenzie (chair)
Name(s):
S L Wigg
Licensed Advanced Amateur Driver
Informant
P Williams
Stipendiary Steward
Information Number
A13321
Plea:
Admitted
Charge:
Using Whip in Unapproved Manner
Evidence:

Following the running of Race 1, NZ Amateur Drivers Championship Heat 3 Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Advanced Amateur Driver, Ms S L Wigg, alleging that, as the Driver of DREAMINSOVER in the race, she “used her whip free of the rein near the 1600 metres.”

Ms Wigg had signed the Statement by the Respondent on the Information form indicating that she admitted the breach. She confirmed this at the hearing at, which she was present.

The Whip and Rein Regulations provide as follows:

3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

3.3 A driver shall not use a whip in an unapproved manner.

3.4 For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.1 If the whip is applied other than as permitted in clause 3.1.

Mr Williams showed to the hearing a video replay of the race as the field passed the 1600 metres. He pointed out Ms Wigg, driving DREAMINSOVER, racing toward the rear of the 11-horse field. He demonstrated that Ms Wigg activated the hopple shorteners with her right hand and, before placing her hand back on the rein, she struck the horse once with the whip, attempting to improve 3-wide.

Ms Wigg said that she had pulled the hopple shorteners and given the horse one strike with the whip. She had not done it intentionally, she said.

Decision:

Ms Wigg having admitted the charge, it was found proved.

Submission For Penalty:

Mr Williams said that Ms Wigg has a clear record. The HRNZ Whip Penalty Guide provides for a penalty range of $200-$400 for a first offence, Mr Williams said, and Stewards believed that a $200 fine was an appropriate penalty for this breach, he said.

Ms Wigg said that a fine of $200 seemed fair.

Reasons For Penalty:

The breach in this case is low-level (a single strike free of the rein), which is defined in the HRNZ Whip Penalty Guide as:

When a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style.

The Committee notes that the HRNZ Whip Penalty Guide suggests a penalty range of $200-400 for a first offence.

Ms Wigg has a clear record and is an Amateur Driver. Taking those two factors into account, and the low-level nature of the breach, the Committee is satisfied that the breach can be dealt with by way of a fine at the starting level in the Penalty Guide – that is to say, a fine of $200.

Penalty:

Ms Wigg is fined the sum of $200.

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