NZ Metro TC 29 August 2025 – R1 – Terry Chmiel

EVIDENCE:

Following the running of Race 1, Mr Sole presented an Information alleging a breach of Rule 869(2) by Open Driver Mr Terry Chmiel.

Rule 869 provides that:

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

Mr Chmiel stated he admitted the breach and was conversant with the Rule.

Mr Sole played the home straight video to identify Mr Chmiel (RIPTIDE) 3 wide at the 250m. Mr Sole said Mr Chmiel has struck his drive 7 times in a non-compliant manner.

Mr Chmiel had nothing to add.

DECISION:

The Respondent having admitted the breach, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole stated Mr Chmiel was warned under this Rule at Addington on 6 July.

Mr Sole said the breach was towards the mid-level and previous penalties have attracted fines of between $400 to $500 or a 2-day suspension.

Mr Chmiel said he would prefer a fine, rather than a suspension.

REASONS FOR PENALTY:

The Penalty Guidelines provide a $500 fine or a 2-day suspension for a mid-range breach of this Rule.

Mr Chmiel’s whip indiscretion is towards the mid-range; however, the strikes were not forceful, he has immediately admitted he got it wrong, and the Adjudicative Committee considers a fine of $400 is the appropriate penalty.

CONCLUSION:

Open Driver Terry Chmiel is fined $400.