New York regulations

Title 9 Part 4034

Executive Department

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15 sections

Compiled text through Jul 15, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 15 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 4034.1 - Duties of starter

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(a)The starter shall give all orders necessary for securing a fair start.
(b)The starter shall report to the stewards by whom and by what cause any delay was occasioned and any cases of misconduct by assistant starters or by jockeys when under the starter’s orders.

9 NYCRR 4034.2 - Failure of horse to start

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

If a horse whose number has been exhibited or whose starting is obligatory does not start and run in the race, the stewards may suspend any person or persons responsible for such an occurrence.

9 NYCRR 4034.3 - Persons excluded from course

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

After the horses are ordered to the starting post and until the stewards direct the gates to be reopened, all persons except the racing officials shall be excluded from the course to be run over.

9 NYCRR 4034.4 - Time signals

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

A bell shall be rung to indicate the time to saddle and a bugle sounded to indicate the time to go to the post.

9 NYCRR 4034.5 - Parade to the post

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

All horses shall parade and, under penalty of disqualification, shall carry their weight from the paddock to the starting post, such parade to pass the finish line.

9 NYCRR 4034.6 - Horses led to the post

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

When, by permission of the paddock judge and upon payment to the association of $10, a horse is led to the post, such horse is excused from parading with the other horses, but nevertheless such horse must, on his way to the post, pass the stewards' stand.

9 NYCRR 4034.7 - Determination of starting position

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

The position of horses when starting shall be determined by lot, i.e., a numbered ball shall be drawn from a bottle by the clerk of the scales.

9 NYCRR 4034.8 - Starting vicious horse

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

The starter may place vicious and unruly horses on the outside and behind the line.

9 NYCRR 4034.9 - Accident at the post

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

A horse in the hands of the starter shall receive no further care from anyone at the starting post except the assistant starters, provided that if any accident happens to a jockey or the jockey’s horse or equipment, the starter may permit any jockey or jockeys to dismount and the horses to be cared for during the delay. Otherwise no jockey shall dismount.

9 NYCRR 4034.10 - Starting gate

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(a)Except in cases provided for in subdivision (b) of this section, all races shall be started in a starting gate selected by the association conducting the meeting if approved by the commission.
(b)By permission of the stewards, a race may be started without a gate.

9 NYCRR 4034.11 - Starting in front of the post

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

A start in front of the post is void, and the horses must be started again.

9 NYCRR 4034.12 - Horses to be schooled before starting

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

All horses shall be schooled properly before starting and, upon the report of the starter, the stewards may suspend any trainer who, after being notified, shall start an unruly horse.

9 NYCRR 4034.13 - Position at starting post

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

The horses shall be started as far as possible in a line, but may be started at such reasonable distance behind the starting post as the starter thinks necessary.

9 NYCRR 4034.14 - Matters to be referred to stewards

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

For disobedience of the starter’s orders at the starting post or for attempting any unfair advantage, the starter may refer the matter to the stewards for action, but any penalty shall not take effect until after the last race of the day.

9 NYCRR 4034.15 - Statements by starter conclusive

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

The concurrent statements of the starter and the starter’s assistant as to incidents of the start are conclusive.

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