NZ Metro TC 24 June 2022 – R6 – James Brownlee

BACKGROUND:

Following the running of Race 6, NZ Amateur Drivers Championship (Heat 2) Mobile Pace, the Respondent, Advanced Amateur Driver, James Brownlee, admitted a breach of Rule 869(3)(b) in that, as the Driver of FOUR STARZZZ SHIRAZ, in the race,  he drove carelessly leaving the final bend when allowing his runner to contact the sulky wheel of PHONE TAP (Jo-Ann Buckland Stevens) which punctured.

The Respondent endorsed the Information “I do admit the breach of the Rule” and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed video replays of the final 600-700 metres of the race. He pointed out PHONE TAP, which had been racing in the trail behind the leader, commencing to tire from the 650 metres. FOUR STARZZZ, driven by the Respondent, had been following PHONE TAP, and was held up three places back on the marker line. Upon entering the final straight, the Respondent attempted to shift into the passing lane and the off-front leg of his runner struck the inside tyre of PHONE TAP, causing the tyre to deflate.

The Respondent explained that he activated the removable hood when turning into the straight. His horse was pulling hard and looking for racing room. He had misjudged his inwards movement, he said.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that this was the Respondent’s second breach of the Careless Driving Rule, he having been fined $250 for striking a wheel earlier in the same race. Stewards were seeking a suspension of 3 days for this second breach, as per the Penalty Guide, Mr McIntyre said. The breach was mid-range, he said.

REASONS FOR PENALTY:

The Penalty Guide suggests a penalty of a 3-days suspension for a second breach of the Careless Driving Rule. That is the appropriate penalty for this breach, Mr Brownlee’s second following a breach earlier in the same race. There are no relevant aggravating or mitigating factors to be considered.

CONCLUSION:

The Respondent, Advanced Amateur Driver James Brownlee, is suspended for 6 weeks commencing after racing on 26 June 2022 up to and including 5 August 2022. The period of suspension is calculated on the basis of the usual formula of 1 drive per fortnight for an Amateur Driver.