Marlborough HRC 22 January 2023 – R2 – Tom Bamford

Summary of Facts:

Following the running of Race 2, the Respondent, Junior Driver, Tom Bamford, admitted a breach of  Starting Regulation 8.2; namely that Mr Bamford driving DOVER TERRACE arrived late to the starting assembly point.

The Respondent endorsed the Information ‘I admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.  The Respondent, as a Junior Driver, informed the Adjudicative Committee that he did not require assistance at the hearing.

STARTING REGULATION 8.2 reads as follows;

8.2 At the five-minute call all drivers shall ensure that their horses proceed immediately to the starting assembly point.

Using available video footage, Stipendiary Steward Shane Renault identified the horse involved in the incident namely, DOVER TERRACE driven by Tom Bamford. He showed, using the Trackside film of the start, that DOVER TERRACE arrived at the start assembly area with only 9 seconds before official start time.

In explanation, the Respondent stated that he had misjudged the timing to get DOVER TERRACE to the start assembly area on time.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submission for Penalty:

Stipendiary Steward Mr Renault, stated that Mr Bamford had been warned under this Regulation on the first day 20 January, with DOVER TERRACE arriving late to the start assembly area. Mr Renault stated that with a similar recent breach, R McIllwrick,  resulted in a $200 fine being imposed. He added that under the new Minor Infringement System starting on 1 February 2023, a 1st breach under this Regulation would be a fine of $200. Mr Renault submitted that a fine of $200 be considered as penalty in this case.

The Respondent  elected to make no submissions in regard to penalty.

Reasons for Penalty:

After evaluating all of the factors, including the historic penalty imposed of $200 and the new MIN system penalty where in a first offence a $200 fine would be imposed, the Adjudicative Committee, for the sake of consistency, determined a $200 fine to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent was fined the sum of $200.