New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 4116

Executive Department

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12 sections

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9 NYCRR 4116.1 - Application for license

Source version current through Jul 15, 2022

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Executive Department
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Jul 15, 2022

Every person desiring to drive a harness horse at a race meeting licensed by the commission shall be required to obtain a license from the commission. Such application shall be on forms provided by the commission. Applications may be filed at the commission office or with the track steward at a race track. The fee for an annual driver's license shall be $20 and shall be paid at the time of application.

9 NYCRR 4116.2 - Qualification for driver's license

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Executive Department
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(a)Every applicant for a driver's license shall satisfy the commission, in such manner as the commission may prescribe, that such applicant:
(1)has had at least one year's training experience and has demonstrated the ability to drive;
(2)is knowledgeable of and conversant in the training and driving of harness horses;
(3)is physically and mentally competent to drive;
(4)is familiar with the rules of racing;
(5)has a minimum of 20/40 vision in one eye, corrected, according to certification by a licensed optometrist, oculist or ophthalmologist.
(b)No person shall be permitted to drive at a race meeting licensed by the commission without a New York State license. The track steward or presiding judge at any race meeting may refuse to permit any licensed driver to compete in a race if, in the judgment of such official, such driver is unfit, unqualified, or too inexperienced to drive. Such official may require the driver to submit to a physical examination under conditions specified by the official.

9 NYCRR 4116.3 - Earlier source heading: [Repealed]

Related State Register notice: Adopted rule SGC-47-16-00017-A. Published Feb 8, 2017. Notice effective date: Feb 8, 2017.

Source version current through Jul 15, 2022

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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-47-16-00017-A · Adopted rule
Related notice published
Feb 8, 2017
Related notice effective date
Feb 8, 2017

Current section text is not available here.

9 NYCRR 4116.4 - Safety helmets.

Source version current through Sep 30, 2026

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
Sep 30, 2026
Related Register notice
SGC-15-24-00011-A · Adopted rule
Related notice published
Jul 10, 2024
Related notice effective date
Jul 10, 2024

Safety helmets.

No one will be permitted to jog, train, warm up, or drive a horse at any time on the premises of a harness race track unless such person is properly wearing a protective safety helmet approved by either the Snell Memorial Foundation or the United States Department of Transportation. The United States Department of Transportation standards are reprinted in title 49 of the Code of Federal Regulations, chapter 5, section 571.218 (49 CFR, 571.218). The Snell Memorial Foundation standards are contained in the publication entitled, Snell Memorial 2000 Standard For Protective Gear, available from the Snell Memorial Foundation, 3628 Madison Avenue, Suite 11, North Highlands, CA 95660 or at www.smf.org/stds. Both standards are on file in the office of the commission, located at 354 Broadway, Schenectady, NY 12305.

9 NYCRR 4116.5 - Drivers' colors

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Executive Department
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No driver or trainer shall be allowed to drive in any race or public performance or to otherwise appear on the race track during the racing program unless wearing his or her own or his or her owner's registered colors, and no driver may appear in colors registered in the name of another, without the special permission of the presiding judge. No driver or trainer wearing colors may appear at any betting booth or window at a race track, or at any bar or restaurant dispensing alcoholic beverages. “Colors” shall include white trousers and rain gear of a type approved by the commission.

9 NYCRR 4116.6 - Drivers' meetings

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Executive Department
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(a)Before the first heat or race at any meeting is contested, the racing officials and the drivers shall meet at a time and place to be designated by the presiding judge. Notice of the time and place of such meeting shall be published on the bulletin commission in the office of the racing secretary at least 48 hours prior to the meeting, and shall be announced over the public address system one hour prior to the meeting.
(b)The officials will announce any special rules affecting the race meeting and shall construe such of the rules of racing as shall be requested. At the conclusion of such meeting, all drivers shall be presumed to be familiar with the rules of racing.
(c)No driver will be permitted to drive unless such driver shall have attended such meeting or have met with the officials by appointment and at their convenience after such meeting.

9 NYCRR 4116.7 - Examination of license

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Executive Department
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Jul 15, 2022

No driver will be permitted to drive in a race at a licensed harness racing meeting until such driver has presented his or her commission driver's license to the recording judge for examination.

9 NYCRR 4116.8 - Duties of drivers

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Executive Department
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(a)If the judges determine that a programmed driver is unreliable, unfit or incompetent, or if such programmed driver refuses to comply with the direction of the judges, or is reckless or unmannerly in his or her conduct, such programmed driver may be removed.
(b)It shall be the duty of each driver to report to the paddock judge at least 10 minutes prior to the opening of wagering on the race in which such driver is scheduled to drive and thereafter to be present in the paddock in fit condition to drive 15 minutes prior to post time of such race.
(1)Should a driver carelessly fail to fulfill such duty, such driver shall be subject to fine or suspension. Carelessness shall be presumed if a driver fails to make timely appearance to drive after such driver has competed at another track the same day.
(2)Should a driver willfully fail to fulfill such duty, such driver shall be suspended.

9 NYCRR 4116.9 - Suspension or revocation of drivers' license

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Executive Department
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Jul 15, 2022

Without limiting the generality thereof, the license of any driver may be suspended, revoked, or money fine may be imposed, at any time for:

(a)Violation of any rule of the commission.
(b)Failure to obey the instructions of a racing official appointed or designated by the commission.
(c)Any act or conduct detrimental to the sport including, but not limited to:
(1)failure to drive in a race when programmed, unless excused by the presiding judge;
(2)consumption of intoxicating beverages;
(3)loud, boisterous, offensive or profane language;
(4)assault upon any other person;
(5)smoking in silks while on the race track;
(6)warming up a horse without silks at any time after the admission gates are open; and
(7)failure to participate in post parade, unless specifically excused by presiding judge.
(d)Unless otherwise ordered where a suspension is for a driving violation and does not exceed in time a period of five days, the driver may complete the driver’s engagements on horses drawn to start after which time the suspension shall begin. After said suspension has begun such driver may drive horses in early closing events, stakes and featured overnight events but the suspension shall be extended one day for each date such driver drives such races.
(e)Unless otherwise ordered where a suspension is from driving only and is for days certain, the driver may nevertheless drive in qualifying races without a purse.

9 NYCRR 4116.10 - Special equipment

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Executive Department
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Jul 15, 2022
(a)Every sulky used in a race at a licensed harness racing meeting shall be equipped with such special equipment as the commission shall order. The obtaining and installation of special equipment are the responsibility of each owner. A driver shall not drive a sulky not equipped with special equipment as so ordered. Mud fenders must be available and must be used whenever ordered by the presiding judge. Every sulky shall be equipped with wheel discs of a type approved by the commission, which shall be of a solid color or transparent; no stripes or designs upon wheel discs shall be permitted.
(b)If a sulky is involved in an accident, the paddock judge will affix a tag to the sulky that says “Do Not Use.” An accident is any unintended event or occurrence during a race or exercise run where a sulky is operated in a manner in which it was not designed, including collision with any fixed or moveable object other than brief contact made between the wheel hubs of sulkies travelling in the same direction, locking of wheels with another sulky where a wheel loses contact with the ground, or an ejection of the driver from the sulky. The owner of the sulky that receives the “Do Not Use” tag must then have the sulky inspected by its manufacturer or an authorized representative. The “Do Not Use” tag may be removed by the manufacturer or authorized representative only after inspecting the sulky and making any necessary repairs. Only the manufacturer or authorized representative is approved to remove the “Do Not Use” tag. Documentation identifying the sulky and repairs made must be filed by the trainer with the paddock judge prior to its introduction back into use.
(c)The owner of a sulky is responsible for the overall integrity and soundness of his or her sulky used during training, qualifying or racing.

9 NYCRR 4116.11 - Trainer's responsibility

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Executive Department
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Jul 15, 2022

A trainer is responsible for the condition, fitness, equipment and soundness of each horse at the time it is declared to race and thereafter when it starts in a race.

9 NYCRR 4116.12 - Qualification for trainer's license

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

Every applicant for a trainer's license shall satisfy the commission in such manner as it may prescribe that such applicant has had at least one year's training experience under a recognized trainer and has demonstrated the ability to train, that such applicant is knowledgeable of and conversant with training of harness horses, that such applicant is physically and mentally competent to train, and that such applicant is familiar with the rules pertaining to trainers and training.

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