New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 4115

Executive Department

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13 sections

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Source version current through Jul 15, 2022

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9 NYCRR 4115.1 - Appointment and compensation

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Executive Department
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Jul 15, 2022

The commission shall appoint and employ one or more starters to serve at each meeting.

9 NYCRR 4115.2 - Powers of starter

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Executive Department
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Jul 15, 2022

The starter shall have complete control over all horses participating in the racing program from the formation of the post parade until the word “go” is given. The starter shall have authority to fine drivers not to exceed $50 for violation of any of the following rules of the start:

(a)delaying the start;
(b)failure to obey the starter's instructions;
(c)rushing ahead of the inside or outside wing of the gate;
(d)coming to the starting gate out of position;
(e)crossing over before reaching the starting point;
(f)interference with another driver during the start;
(g)failure to come up into and stay in position.

9 NYCRR 4115.3 - Duties of the starter

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Executive Department
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Jul 15, 2022

The starter shall:

(a)be in the starting stand or starting gate 15 minutes before the first race of the program;
(b)report all rule violations observed to the judges;
(c)[Reserved]
(d)notify the judges and the drivers of the penalties imposed by the starter;
(e)make recommendations to the presiding judge for the placing on the steward's list of all horses that do not perform properly at the start;
(f)conduct such school sessions as are necessary to train horses to the method of starting adopted at the race track over which such starter presides.

9 NYCRR 4115.4 - Starting gate required

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Every licensed harness race track shall utilize a mobile starting gate, of a type and quality approved by the commission, with which to start races, unless special permission to start races by other means is given by the commission or track steward.

9 NYCRR 4115.5 - Operation of starting gate

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(a)Such starting gate shall be operated under the control and direction of the starter licensed and designated by the commission. The licensed race track may employ additional persons to assist the starter in the performance of the starter’s duties and such personnel shall be licensees of the commission. The starter shall have control of the horses from the formation of the parade until the starter gives the word “go.”
(b)The starting gate, with its arms extended, shall be stationed on a one-half mile track as near one-quarter mile before the starting point as the track will permit. On a mile track it will be stationed at the head of the stretch.
(c)After two preliminary warm-up scores, unless otherwise directed by the starter, the starter shall notify the drivers to come to the starting gate. At no time during the scoring or start shall the drivers engage each other in unnecessary conversation.
(d)The horses shall be brought to the starting gate within two minutes after the completion of the last warm-up score unless a longer time is prescribed by the presiding judge or the starter.
(e)Upon notice from the starter, the drivers will align their horses in the order of their post positions behind the gate.
(f)The starter will cause the gate to move towards the starting point, gradually increasing the speed of the gate but maintaining a speed which will average:
(1)for the one-eighth mile, not less than 11 miles per hour;
(2)for the next one-sixteenth mile, not less than 18 miles per hour;
(3)from that point to the starting point a gradual increase to maximum speed.
(g)During the course of the start there shall be no decrease in the speed of the gate except for recall as hereinafter provided.
(h)The starting point shall be a point marked (but not lighted) on the inside rail a distance of not less than 200 feet from the first turn.
(i)The starter shall give the word “go” at the starting point.
(j)At a point on the track designated by the commission a post shall be erected (“recall post”). Upon reaching such post during the course of the start, if the starter determines that a fair start for each horse is possible, no recall shall be had thereafter unless:
(1)a horse scores ahead of the gate;
(2)there is interference;
(3)a horse has broken equipment;
(4)a horse falls before the word “go” is given.
(k)There shall be no recall after the word “go” is given.
(l)A recall shall be signaled by the flashing of a light on the starting gate plainly visible to the drivers, and by sounding a claxon or horn or other distinctively audible signal. Upon making such signals the starting gate shall proceed out of the path of the horses.
(m)In the event of a “recall,” all the horses in the race shall return immediately to the quarter pole to form for a fresh start.
(n)Upon passing the recall post every horse shall be deemed a starter unless it has fallen or been excused by the starter before the word “go” is given.
(o)No persons shall be allowed to ride in the starting gate except the starter and the starter’s driver or operator unless permission has been granted by the track steward in charge of the race meeting.
(p)Each mobile starting gate shall be equipped with a mechanical loudspeaker for the sole purpose of communication with the drivers. The volume thereof shall be carefully kept at the minimum necessary for such purpose.

9 NYCRR 4115.6 - Effect of scratch of horse on post position

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If a horse is scratched or withdrawn from the start, horses with post positions outside of that of the withdrawn horse, may move one post position closer to the rail. In the event there are two tiers of horses, the withdrawing of a horse that has drawn or earned a position in the front tier shall not affect the position of the horses that have drawn or earned positions in the second tier.

9 NYCRR 4115.7 - Starting without a gate

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The horses shall be allowed two warm-up scores, unless otherwise directed by the starter, before being called to form a parade. The starter shall have full control of the horses from the formation of the parade until the starter gives the word “go.” The starter shall be stationed at or near the starting point and shall give the word “go” as close as possible to such starting or release point. All drivers shall follow the instructions of the starter as closely as possible and shall avoid unnecessary delay in the parade and scoring. If the word “go” is not given, all the horses in the race shall immediately turn on signal and jog back to their parade positions for a fresh start. There shall be no recall after the starting word has been given.

9 NYCRR 4115.8 - Substitution of driver

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Jul 15, 2022

The starter may exclude a driver who fails or refuses to obey the starter’s instructions for the heat or race. The starter may fine such driver not to exceed $50 and may order a substitute driver.

9 NYCRR 4115.9 - Bad acting horse

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The starter may excuse a bad acting horse prior to passing the recall post. There will be no recall for a bad acting or off gait horse after the recall post is passed.

9 NYCRR 4115.10 - All horses starters

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Executive Department
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Jul 15, 2022

The horses shall be deemed to have started when the word “go” is given by the starter and all the horses must go the course except, if in the opinion of the judges, one or more horses should be deemed non-starters to protect the wagering public due to an unfair start or a no contest is called.

(a)In the case of a non-starter, the horse or horses shall run for purse only. The line in the program will be designated accordingly, noting that all wagers were refunded for the horse or horses deemed non-starters by the word "Refund" being included in the horses line in the program in the "Odds" section.
(b)A race may be deemed a no contest, if in the opinion of the judges, it is impossible to go the course fairly due to interference before the start, an accident or malfunction of the starting gate. If a race is declared a no contest, all wagers will be refunded. The purse shall be divided equally among all participants in an overnight race. For other than overnight races, the provisions as set forth by the track shall apply.

9 NYCRR 4115.11 - Withdrawal of horse

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Executive Department
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Jul 15, 2022

If in the opinion of the judges or the starter a horse is unmanageable or liable to cause accidents or injury to any other horse or to any driver, it may be sent to the barn, but the declaration fees on the horse shall then be refunded.

9 NYCRR 4115.12 - Handicap races

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Executive Department
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Jul 15, 2022

Handicap races shall be started with a starting gate, unless permission to start handicap races by using snap barriers or walk-up starts, has been approved by the track steward. When snap barriers are used, all such barriers shall be sprung simultaneously with the announcement of the word “go.”

9 NYCRR 4115.13 - Judges' authority

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Executive Department
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Jul 15, 2022

If a starter, having fined a driver $50, believes that a greater penalty should be imposed, either by additional monetary fine or a suspension, he shall so recommend to the judges who shall review the matter and take such action as they deem appropriate. Nothing herein contained shall be construed to prevent the imposition by the judges on their own initiative of a censure or penalty for the failure of a driver to obey the rules of the start.

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