New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 4108
Executive Department
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All 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 4108.1 - Eligibility
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
For purposes of eligibility, a racing season or racing year shall be the calendar year. In recording winnings, gross winnings will be used and odd cents will be dropped and disregarded.
9 NYCRR 4108.2 - Classified races
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
The racing secretary, according to the racing secretary’s judgment, shall assign horses eligible for classification by gait to not more than the following classes based upon ability as demonstrated by past performances: FFA (Free-For-All), JFA (Junior-Free-All), AA, A, B, C, D, and where feasible, into not more than three subclasses designated by number within classes AA, A, B, C, and D. Such assignment shall be made when a horse is first accepted for racing at the track and all such assignments and changes thereof shall be posted in the declaration room.
Races shall be offered based upon such classes and where applicable subclasses, and shall be confined to horses posted in the same or slower class or subclass at the time of declaration with preference being given to horses posted in the advertised class or subclass. Starters shall be determined by lot. A race may be conditioned for two or more classes or subclasses, in which case it shall be deemed a handicap race and post positions shall be drawn by class or subclass with the slower class or subclass nearer the rail.
A horse may be advanced or moved back to any class or subclass if the horse's performance in the judgment of the racing secretary, demonstrates that it should be so moved to be properly classified, except that a two-or three-year-old horse may not be advanced to a higher class through AA for the first time until it shall have had at least two starts in the next lower class.
Classification and changes in classification shall be based upon all performances of a horse, both classified and nonclassified, after it has become eligible for classification. Classification at other tracks may be disregarded. In classifying a two- or three- year-old horse all starts of such horse after it would have become eligible for classified racing shall be considered as having been made in classified races at the present track. Double dashes and any heat racing shall be considered as one race.
Preferred races may not be conducted in conjunction with classified races but one invitational race per week at each gait may be conducted for the fastest horses at the meeting.
9 NYCRR 4108.3 - Time bars prohibited
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
No time bars shall be used as an element of classification.
9 NYCRR 4108.4 - Time of eligibility
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
Horses must be eligible when entries close, but winnings on closing date of eligibility shall not be considered. In mixed races, trotting and pacing, a horse must be eligible under the conditions for the gait at which it is stated in the entry the horse will perform.
9 NYCRR 4108.5 - Two-year-old distances; heats
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
No two-year-old shall be permitted to start in any dash, heat or race exceeding one mile, nor shall a two-year-old be permitted to start in more than two heats, dashes, or races in any single day.
9 NYCRR 4108.6 - Time to post overnight conditions
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
Conditions for races shall be posted in the declaration room at least 25 hours before the closing of declarations thereto, except where conditions for three successive days racing are posted in which event such conditions shall be posted at least 18 hours prior to the closing of declarations to the first of such three days' conditions.
9 NYCRR 4108.7 - Maiden status
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
Races awarded after the “official” sign has been posted shall not affect the status of a maiden.
9 NYCRR 4108.8 - Types of races to be offered
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
- Related Register notice
- SGC-40-15-00003-A · Adopted rule
- Related notice published
- Dec 9, 2015
- Related notice effective date
- Dec 9, 2015
9 NYCRR 4108.9 - General procedure
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022