Gore HRC 19 February 2023 – R7 – Tristan Larsen

BACKGROUND

Following the running of Race 7 Northern Southland Vets Southern Belle Mobile Pace, the Respondent Tristan Larsen admitted a breach of Rule 869(2), in that as the Driver of BEAUTIFUL NOISE, in the race he used his whip in a continuous manner in the home straight.

The Respondent admitted the breach and confirmed he understood the Rule.

The Rule 869 provides:-

(2) No driver shall during any race use a whip in a manner of contravention of the Use of the Whip Regulations made by the Board.

The Whip and Rein Regulations provide:-

3(1) A driver may only apply the whip in a wrist flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

EVIDENCE

Stipendiary Steward Mr Vinny Munro asked Stipendiary Steward Mr Mark Davidson to highlight the alleged breach from the top of the straight using the video clips. He pointed out BEAUTIFUL NOISE, driven by the Respondent, shortly after entering the home straight, highlighting Mr Larsen using his whip in a continuous manner for approximately 250 metres.

The Respondent, who was supported by Senior Driver Mr K Larsen, stated he had made an error of judgement.

DECISION

The breach is admitted and therefore deemed proved.

SUBMISSIONS FOR PENALTY

Mr Munro said that the breach was mid level and that Mr Larsen had been warned on the 4th of January at Roxburgh.

The Penalty Guide has a starting point of $300.

Mr Larsen had no submissions on penalty.

Mr Larsen has had 375 lifetime drives, 147 last season and 28 this season.

REASONS FOR PENALTY

The Adjudicative Committee was satisfied there was a clear breach of the Rule, supported by the video evidence.

A fine for a first offence and a guilty plea is appropriate at a lower level.

CONCLUSION

The Respondent Driver Mr Tristan Larsen is fined $200.