N.Y. Comp. Codes R. & Regs. tit. 9 § 4035.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 4035.2 - Foul riding penalized

(a) When clear, a horse may be taken to any part of the course provided that crossing or weaving in front of contenders may constitute interference or intimidation for which the offender may be disciplined.

(b) A horse crossing another may be disqualified, if in the judgment of the stewards, it interferes with, impedes or intimidates another horse, or the foul altered the finish of the race, regardless of whether the foul was accidental, willful, or the result of careless riding. The stewards may also take into consideration mitigating factors, such as whether the impeded horse was partly at fault or the crossing was wholly caused by the fault of some other horse or jockey.

(c) If a horse or jockey jostles another horse, the aggressor may be disqualified, unless the impeded horse or jockey was partly in fault or the jostle was wholly caused by the fault of some other horse or jockey.

(d) A jockey shall not ride carelessly or willfully such that the jockey's mount, equipment, or any item or object under his or her control interferes with, impedes, intimidates, or injures another horse or jockey in the race, including that a jockey shall not carelessly or willfully strike another horse or jockey or such other jockey's equipment with his or her whip. The stewards may disqualify the horse ridden by the jockey who committed the foul if the foul was willful or careless or may have altered the finish of the race. The stewards may also take into consideration mitigating factors such as whether the impeded horse was partly at fault or if the foul was caused by the fault of some other horse or jockey.

(e)

(1) If two or more horses are coupled in the betting as an entry, and one or more of them shall be disqualified for violation of the rules of racing, the balance of the entry shall also be disqualified if in the judgment of the stewards such violation prevented any other horse or horses from finishing ahead of the other part of the entry. If said violation is without such effect upon the finish of the race, penalty therefor may be applied against the offender and the balance of the entry may go unpunished.

(2) If any horses trained by the same trainer race uncoupled in any race, and one or more of them shall be disqualified for violation of the rules of racing, any other horses entered by that same trainer shall also be disqualified if in the judgment of the stewards such violation prevented any other horse or horses from finishing ahead of the other part of the entry. If said violation is without such effect upon the finish of the race, penalty therefore may be applied against the offender only.

(f) Complaints under this section may be received only from the owner, trainer or jockey of the horse alleged to be aggrieved and must be made to the clerk of the scales or to the stewards before or immediately after the jockey of the horse alleged to be aggrieved has passed the scales. But nothing in this section shall prevent the stewards taking cognizance of foul riding.

(g) Any jockey against whom a foul is claimed shall be given the opportunity to appear before the stewards before any decision is made by them.

(h) A jockey whose horse has been disqualified or who unnecessarily causes his or her horse to shorten its stride with a view to complaint, or an owner, trainer or jockey who complains frivolously that his or her horse was crossed or jostled, may be punished.

(i) The extent of disqualification shall be determined by the stewards as in this article provided.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4035.2