Australian Harness Racing Rules 151-174

Drivers

Please Note:   All forms mentioned in the Rules are available from State Controlling Bodies.  

Please Note:  On 1st March 2008 Harness Racing Australia Inc (HRA) replaced Australian Harness Racing Council Inc (AHRC) as the organisation's name.  All AHRC's formal structures, rules, regulations, policies, processes etc., now pertain to HRA, and any reference to Australian Harness Racing Council Inc, AHRC, Council or The Council shall mean Harness Racing Australia Inc or HRA.
 

Driver’s fee

151. A driver's fee shall be paid in an amount determined by the Controlling Body. 

Priorities concerning horse to be driven

152.  (1)  The owner or trainer of a horse in a race shall not drive any other horse in the race except with the permission of the Chairman of Stewards.

(2)  A person who owns or trains more than one horse starting in a race and who desires to drive in that race must observe the order of priority set out in this sub-rule:

(a)  First: The person shall drive the horse the person owns and trains.

(b)  Second: The person shall drive the horse which the person owns but which is trained by someone else.

(c)  Third: The person shall drive the horse trained but not owned by the person.

(3)  Ownership for the purposes of sub-rule (2) shall be determined by the degree of ownership (in percentage terms) held by that person.

(4)  The order of priority set out in sub-rule (2) may be varied by the Stewards.

(5)  Application to the Stewards to vary the order of priority must be made in such manner as the Chairman of Stewards determines.

(6)  In this rule "person" means in relation to horses starting in a race, an owner, trainer, part owner and lessee and a "trainer" includes a driver temporarily in charge of a horse in a trainer's absence.

152A. (1)  Where the spouse or partner of a driver is the owner or trainer of a horse in a race the driver shall not without the approval of the Stewards drive any horse in the race other than the horse owned or trained by his/her spouse or partner.

(2)  A driver who fails to comply with sub-rule (1) is guilty of an offence.

Pregnant Driver

153.  (1)  Immediately a driver becomes aware that she is pregnant she shall notify the Controlling Body or Stewards.

(2)  A pregnant driver shall not drive after the first trimester of her pregnancy.

(3)  A driver who fails to comply with any provision of this Rule is guilty of an offence.

Horse breaking gait

154. (1) If a horse breaks gait, its driver shall take immediate action to avoid interference with other runners and without gaining an unfair advantage restrain the horse to its correct gait before rejoining the race without interference to another runner.

(2)  Where in the opinion of the Stewards a driver fails to comply with sub-rule (1) the horse may be disqualified for the race or placed in a lower finishing position and the driver is guilty of an offence.

155. (1)  If a horse breaks gait during a race and the Stewards are of the opinion that the horse thereby gained ground or maintained its ground or caused interference to or obtained an advantage to the detriment of another runner,  the Stewards may disqualify the horse from the race or place it in a lower position.

(2)  If the Stewards form the opinion referred to in sub-rule (1) and are further of the opinion that the driver could or should have taken steps to prevent any of the specified events occurring and failed to do so, the driver is guilty of an offence.

155A.  (1)  (Rule 155A(1) repealed, HRA approved 09.12.2021)

(2)  (Rule 155A(2) repealed, HRA approved 09.12.2021)

Whips

156.  (1)  (a)  A driver shall only use and be in possession of a whip approved by the Controlling Body.

(b)  A whip, once approved:-

      (i)  shall not be modified in any manner;

      (ii)  shall be maintained in a satisfactory condition;

(c)  A whip that does not comply with sub-paragraph (b) may be confiscated by the Stewards.

(2)  (a)  A driver shall only apply the whip and/or the rein 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.

(b)  For the purposes of sub-paragraph (a), “wrist only flicking motion” means:-

      (i)   Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

      (ii)  The forearm is not raised beyond forty-five degrees relative to the racing surface.

      (iii) Not applying the whip with overt force.

(3)  A driver shall not use a whip or rein in an unapproved manner.

(4)  For the purposes of sub-rule (3) a driver shall be deemed to have used the whip or rein in an unapproved manner in the following circumstances which are not exclusive:-

(a)  If the whip or rein is applied excessively, continuously and/or without allowing the horse time to respond.

(b)  If the whip or rein is applied when the horse:

      (i)  is not visibly responding;

      (ii)  is not in contention;

      (ii)  cannot maintain or improve its position;

      (iv) is clearly winning;

      (v)  has passed the winning post at the finish of a race.

(c)  (Rule 156(4)(c) repealed, HRA approved 09.12.2021)

(d)  If the whip is used in a prodding or jabbing fashion.

(5)  A driver shall not use the whip in a manner which causes injury to a horse.

(6)  A whip shall not be used so as to obstruct, strike or endanger another driver or horse.

(7)  A driver shall not allow a whip to project outside the sulky.

(8)  A person who fails to comply with any provision of this Rule is guilty of an offence.

156A.  The approved whip is a flexible whip of black or dark tan colour with a core of fibreglass with a handle base and shaft and a leather keeper to a maximum of 60 millimetres in length and 20 millimetres in width or a non rigid tip amounting to a maximum overall length of 1600 millimetres.

156B.  (1)  A person shall not instruct or offer an inducement to a driver to use a whip in a manner contrary to the provisions of Rule 156.

(2)  A person who fails to comply with sub-rule (1) is guilty of an offence

Offences

relating to eligibility to drive

157. (1)  A person shall not drive in a race unless qualified and eligible to do so.

(2)  A person who fails to comply with sub-rule (1) is guilty of an offence.

157A. (1)  A driver who is eligible to claim a concession and who wins a race using that concession outside the area of control of the Controlling Body by which he or she is licensed shall immediately notify that Controlling Body of the race win.

(2)  A driver who fails to comply with sub-rule (1) is guilty of an offence.

relating to engagements

158. (1)  A driver shall fulfil an engagement to drive in a race except when the Stewards give permission not to do so.

(2)  A driver shall not substitute for another driver in a race except with the permission of the Stewards.

(3)  A driver who fails to comply with sub-rule (1) or sub-rule (2) is guilty of an offence.

relating to dress- driver's attire

159.  (1)  A driver shall dress for a race in the manner determined by the Controlling Body.

(2)  A driver’s jacket shall be of approved material and colour and trousers shall be white and made of suitable material.

(3)  A driver shall wear boots which may be black or dark tan and which entirely cover feet and ankles and afford reasonable protection.

(4)  A driver’s attire shall be clean and tidy.

(5)  Where the Stewards consider that the climatic conditions at a meeting warrant the wearing of gear other than or in addition to that mentioned in the foregoing sub- rules, such as the wearing of gumboots, they may direct or give permission for this to be done.

(6)  The Stewards may confiscate any item of attire which they consider should not be worn by a driver in a race.

(7)  A driver who fails to comply with any provision of this rule is guilty of an offence.

relating to dress - helmets

159A.  (1)  (a) When driving or riding a horse the driver must:

        (i)  Wear a properly affixed helmet;
 
       (ii)  Wear a helmet the make and model of which has been approved by HRA and entered in the Register of Helmets.

(b)  The helmet must:-

      (i)  Be in a satisfactory condition;

       (ii)  Not be modified in any way save and except for any art or decorative work;

      (iii)  Have attached to it a manufacturer's label that states the date of manufacture and that it complies with a standard approved by HRA.

(2)  Every driver is responsible for the care and condition of their own helmet.

(3)  A helmet will be deemed not in a satisfactory condition and must be immediately replaced by a driver if:-

(a)  Five years have expired since its date of purchase or acquisition as a brand new helmet or eight years have expired since its date of manufacture, whichever is earlier; or

(b)  It sustains a severe impact; or

(c)  The wearer suffers from concussion following a fall.

(4)  Further to sub-rule (3)(a) a driver is required to:-

(a)  Retain and maintain documentary evidence (such as a receipt) of the date on which the driver purchased or acquired a helmet in his or her possession; and

(b)  Produce such evidence to a Controlling Body or the Stewards at any time required by either of them.

(5)  The Stewards may at any time seize a helmet for inspection and may in their absolute discretion confiscate any helmet that does not comply with the requirements of this rule, including (without limitation) where the Stewards are of the opinion that a helmet is not in a satisfactory condition including as a result of general wear and tear or the manner in which it has been stored or maintained.

(6)  When driving or mounted on a horse during darkness every driver must affix to his or helmet a safety warning light of a type approved by a Controlling Body or the Stewards (except that this rule does not apply to any location where the Stewards have ruled that sufficient artificial lighting exists).

(7)  A driver who fails to comply with any provision of this rule is guilty of an offence.

relating to dress - protective vests

159B. (1)  (a)  When driving or riding a horse the driver must:
 
      (i)   Wear a properly affixed protective vest;
 
      (ii)  Wear a protective vest which is of a make and model approved by HRA.

(b) The protective vest must:-

      (i)   Be in a satisfactory condition;

     (ii)  Not be modified in any way;

     (iii) Have attached to it a manufacturer's label that states the date of manufacture and that it complies with a standard approved by HRA.

(2)  A driver required by these Rules to wear a protective vest must not have in his or her possession a protective vest that does not comply with the requirements in sub-rule (1).

(3)  The Stewards may confiscate or order the satisfactory repair of any protective vest that does not comply with the requirements in sub-rule (1).

(4)  A driver who fails to comply with any provision of this rule is guilty of an offence.

relating to the preliminary

160. (1)  Every driver when entering upon the track to compete in a race shall unless otherwise directed by the Stewards only drive the horse in its preliminary the correct way of the course.

 (2)  A driver who fails to comply with sub-rule (1) is guilty of an offence.

relating to the instructions of the clerk of the course

161. (1)  Subject to the powers of the Stewards, drivers shall obey the instructions and requirements of the Clerk of the Course.

(2)  A driver who fails to comply with sub-rule (1) is guilty of an offence.

relating to matters at the start and during the race

162. (1)  A driver shall not -

(a)  dismount or move the horse off the track when under starter’s orders except with the permission of the starter or at the direction of the Stewards;

(b)  disobey orders given by the starter;

(c)  once on the track speak, communicate or signal to any person other than an authorised official;

(d)  delay the start;

(e)  come to the barrier out of position;

(f)  cross over before reaching the starting point;

(g)  start from the wrong barrier position;

(h)  fail to come up into position;

(i)  fail to come up to the starting gate by the time the candy pole or other nominated marker is reached;

(j)  fail to maintain position behind the starting gate until the start;

(k)  start before the signal is given;

(l)  allow his horse to progress in advance of the mobile barrier arms once the score-up has commenced;

(m)  interfere with a driver or horse during the score up or the start;

(n)  take or attempt to take an unfair advantage in a race;

(o)  look around unduly during a race;

(p)  fail promptly to report to the Stewards an incident in the course of a race affecting, or which might have affected, the performance of a horse or the true running of the race;

(q)  lose or drop any part of his attire, gear or equipment during a race;

(r) without reasonable explanation fail to take all necessary steps to activate gear, appliances or devices which require activation.

(rr) fail to immediately report to the Stewards if during a race any of his horses’ gear is broken, lost, damaged, tampered or interfered with or has malfunctioned.

(s)  carry or use a stop watch in a race;

(t)  shout loudly, make any improper noise, or do or attempt anything which interferes or is designed to interfere with the progress of a runner;

(u)  reduce or check the speed of a driver’s horse in a way which causes or could cause interference or jostling;

(v)  whip the driver's horse with the reins;

(vv) (Rule 162(1)(vv) repealed, HRA approved 09.12.2021)

(w)  do anything to hinder or prevent a runner from passing where that runner has sufficient room to do so;

(ww) allow his or her horse to shift from its running line unless it is commencing a forward move or improving its position;

(www) allow his horse to shift ground in a manner which:
 

          (i) impedes another horse;
 

          (ii) hinders another horse;
 

          (iii) advantages another horse;
 
(x)  set an excessively slow pace; or

(y)  fail to adhere to minimum time standards for sections of a race.

(z)  fail to fully drive his or her horse out to the end of the race.

(2)  A driver who fails to comply with any provision of sub-rule (1) is guilty of an offence.

163. (1)  A driver shall not -

(a)  cause or contribute to any

      (i)  crossing

      (ii)  jostling

      (iii) interference;

(b)  subject to rule 164

      (i) make another horse cover more ground than necessary;

      (ii)  impede the forward progress of another horse;

(c)  allow the driver's horse or the sulky or any part thereof to:

      (i)  shift inside the marker post;

      (ii) make contact with the marker post.

(d)  directly or indirectly cause another runner to shift inside of the line of marker posts or into the sprint lane.

(2)   If a driver’s horse or sulky shifts inside the line of marker posts, the driver shall restrain the horse and, without interference to another runner, return to a position outside the line of marker posts at the first opportunity.

(3)  A driver shall trail with the head of the driver's horse behind the seat of the sulky being trailed.

(4)  A driver shall trail the immediately preceding horse as close as is reasonably practicable in all of the circumstances.

(5)  A driver who, in the opinion of the Stewards, fails to comply with any provision of this Rule is guilty of an offence and in relation to sub-rules (1)(c)(i) and (ii) and sub-rule (2) the Stewards may disqualify the horse or give it a lower placing.

(6)  For the purposes of sub-rule (1)(a)(i) "crossing" occurs when a driver changing the position of the driver's horse, compels another runner to shorten stride or the driver of that other horse to pull it out of its stride.

163A. (1)  A driver shall hold a rein in each hand unless activating adjustable gear.

(2)  A driver who fails to comply with sub-rule (1) is guilty of an offence.

164.  The Controlling Body may determine the circumstances in which a driver who does not have a clear passage in the course of a race may take action to secure such a passage.

164A. (Rule 164A repealed, HRA approved 31st October 2003)

165. (1)  From the start through the first turn, and until reaching the next straight, a driver shall -

(a)  maintain with the inside wheel of the sulky a course which is at least 30cm wider on the track than the course being made good by the outside wheel of the sulky of the horse that is racing in the next position closer to the inside running line;

(b)  not move the driver’s horse towards the inside running line unless the rear of the driver’s sulky is at least one metre clear of the extended front legs of the horse racing in the next position closer to the inside running line.

(2)  A driver who fails to comply with any provision of this rule is guilty of an offence.

166. (1)  Except in the final lap of a race a horse shall not enter any part of the sprint lane in an attempt to pass other horses or improve its position.

(2)  The driver of a horse in contravention of sub-rule (1) is guilty of an offence and the horse may be disqualified or given a lower placing.

167. (1)  From the time the sprint lane becomes available for racing purposes, the leading horse closest to the inside running line and any horse in advance of and outside that horse or having passed that horse on its outside shall not enter any part of the sprint lane.

(2)  In the event of the leading horse or its sulky entering any part of the sprint lane after the sprint lane becomes available for racing purposes the driver shall immediately take all necessary action to remove the horse and sulky from the sprint lane.

(3)  The driver of a horse in contravention of sub-rule (1) and (2) is guilty of an offence and the horse may be disqualified or given a lower placing.

relating to careless driving

168.  (1)  A person shall not before, during or after a race drive in a manner which is in the opinion of the Stewards:-        

(a)  careless

(b)  reckless

(c)  incompetent

(d)  intimidatory

(e)  improper

(f)  foul or

(g)  likely to endanger person or horse.

(2)  A person who fails to comply with sub-rule (1) is guilty of an offence.

169. (Rule 169 (1) and (2) repealed, HRA approved 30.04.2001)

relating to sulkies

170. (1)  (a)  A driver shall, throughout the course of a race, drive with both feet in the rests of the sulky, unless he is activating approved gear.

(b)  For the purposes of sub-paragraph (a) hereof, when activating approved gear by foot, the driver’s foot shall not be moved in a downwards direction from the sulky footrest.

(2)  A driver shall not drive in a race with part of the driver’s body protruding beyond the sulky.

(3)  A driver or person in charge of or responsible for affixing a sulky to a horse shall ensure that the sulky is affixed in a manner which prevents the hind legs of the horse from contacting any part of the sulky or the driver’s feet.

(4)  A driver shall not:-

(a)  Attempt to or allow his foot or leg to come into contact with  the hind legs of the horse he is driving;

(b)  Attempt to or allow his foot or leg to be placed in the immediate vicinity of the hind legs of the horse he is driving.

(5)  A driver who fails to comply with any provision of this rule is guilty of an offence and in relation to sub-rule (4) the Stewards may in addition to any other penalty disqualify the horse.

171. (1)  In the event of an obstruction occurring on the track during a race, drivers shall observe due caution and obey instructions given by the Stewards or any appointed person.

(2)  A driver who fails to comply with sub-rule (1) is guilty of an offence.

relating to production of licence

172. (1)  (Rule 172(1) repealed, HRA approved 14.12.2018)

(2)  (Rule 172(2) repeased, HRA approved 14.12.2018)

relating to mobile phone use

172.  (1)  A person driving or riding a horse in a race shall not use or have in his possession any mobile communication device.

(2)  A person driving, riding or handling a horse shall not use any mobile communication device.

(3)  A person who fails to comply with sub-rule (1) or (2) is guilty of an offence.

relating to betting

173. (1)  A driver shall not bet in a race in which the driver participates. 

(2)  A driver engaged to drive at a meeting shall not enter the betting area of the racecourse during the period commencing 60 minutes before the time fixed for the first race and finishing at the completion of the driver’s engagements at the meeting.

(3)  For the purposes of this rule, betting area means those areas of a racecourse where betting with an approved wagering operator is conducted.

(4)  A licensed person shall not authorise, enable, permit or allow another person to place a bet on a betting account of the licensed person.

(5)  A driver or trainer shall not place or have an interest in a bet on any betting account other than an account registered in their own name.

(6)  Any person who fails to comply with any provision of this rule is guilty of an offence.

Disqualification of horse and related matters

174. (1)  Where a driver is found guilty of an offence under a rule contained in part 9 and the offence relates to the way in which the driver has driven or behaved or controlled or failed to control the driver’s horse at the start or during a race, the Stewards in relation to the race in which the offence occurred may give the driver's horse a lower placing or disqualify it for such period they think fit. 

(2)  A disqualification under sub-rule (1) or alteration of placings does not affect settlement of bets or wagers.

Relating to capacity to drive

174A.  (1)        The holder of a driver’s licence shall advise the Stewards of any injury, sickness, abnormality or condition that may affect or has affected their capacity to carry out their driving duties.

(2)        A driver who fails to comply with sub-rule (1) is guilty of an offence.
 

PLEASE NOTE:
Rules Effective from 1st September 1999 (State Controlling Bodies must adopt)
Rules Approved - 16th March 1999 (AHRC Meeting)
 

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