9 NYCRR Part 4035 - Executive Department

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Source version current through Jul 15, 2022

All 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 4035.1 - Earlier source heading: [Repealed]

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

Current section text is not available here.

9 NYCRR 4035.2 - Foul riding penalized

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

(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.

9 NYCRR 4035.3 - Results of intentional foul

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

If the stewards at any time are satisfied that the riding of any race was intentionally foul or that any jockey was instructed or induced so to ride, all persons guilty of complicity shall be suspended and the case shall be reported to the commission for such additional action as it may consider necessary.

9 NYCRR 4035.4 - Instructions to jockeys

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

All horses are expected to give their best efforts in races in which they run, and any instructions or advice to jockeys to ride or handle their mounts otherwise than for the purpose of winning are forbidden and will subject all persons giving or following such instructions or advice to disciplinary action by the stewards and the commission.

9 NYCRR 4035.5 - Stewards may declare race void, order refund

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

The stewards shall have the authority to declare a race void and to order all wagers made thereon refunded if they shall determine that any occurrence before or during the running of such race calls for such action by them.

9 NYCRR 4035.6 - Horse must return to course

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

If a horse leaves the course, the horse must turn back and run the course from the point at which the horse left it.

9 NYCRR 4035.7 - Penalties to be served

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022
Related Register notice: SGC-37-21-00017-A · Adopted rule
Related notice published: Mar 16, 2022
Related notice effective date: Mar 16, 2022

If a jockey commits a riding infraction and the penalty of a suspension or revocation is not served during the same race meeting, then the commission in its discretion may order that the penalty be served, in whole or in part, at a subsequent race meeting at the same track.

9 NYCRR 4035.8 - Stewards may dispense with walkover

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

In a sweepstakes, if only one horse remains to start, the stewards may dispense with a walkover.

9 NYCRR 4035.9 - Use of riding crops

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

(a)All riding crops are subject to inspection and approval by the stewards and the clerk of scales.

(1)Riding crops shall have a shaft and a flap and will be allowed in flat racing including training only as follows:

(i)maximum weight of eight ounces;

(ii)maximum length including flap of 30 inches;

(iii)minimum diameter of the shaft of three-eighths inch; and

(iv)shaft contact area must be smooth, with no protrusions or raised surface, and covered by shock absorbing material that gives a compression factor of at least one-millimeter throughout its circumference.

(2)The flap is the only allowable attachment to the shaft and must meet these specifications:

(i)length beyond the end of the shaft a maximum of one inch;

(ii)width a minimum of 0.8 inch and a maximum of 1.6 inches;

(iii)no reinforcements or additions beyond the end of the shaft;

(iv)no binding within seven inches of the end of the shaft; and

(v)shock absorbing characteristics similar to those of the contact area of the shaft.

(b)In all races where a jockey will not ride with a whip, an announcement shall be made over the public address system of such fact.

(c)Although the use of a whip is not required, any jockey who uses a whip during a race is prohibited from whipping a horse:

(1)on the head, flanks or on any other part of its body other than the shoulders or hind quarters;

(2)during the post parade or after the race except when necessary to control the horse;

(3)excessively or brutally causing welts or breaks in the skin;

(4)when the horse is clearly out of the race or has obtained its maximum placing; or

(5)persistently even though the horse is showing no response under the whip.

(d)Correct uses of the whip are:

(1)showing horses the whip before hitting them;

(2)using the whip in rhythm with the horse's stride; and

(3)using the whip as an aid to maintain a horse running straight.

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