NZ Metro TC 5 April 2024 – R8 – Jonny Cox

BACKGROUND:

Following the running of Race 8, Coca-Cola Superstars Championship (Group 2), Open Driver, Jonny Cox, as the Driver of ALTA METEOR in the race, admitted that he drove carelessly near the 250 metres when striking the left sulky wheel of BEACH BALL which punctured.

Rule 869 provides:

(3)  No driver in any race shall drive:- 

       (b) carelessly

EVIDENCE:

Manager of Stewards, Nigel McIntyre, showed video replays of the incident as the field turned into the final straight. He pointed out ALTA METEOR, driven by the Respondent, then racing in the trail behind the leader, BEACH BALL (Ricky May).

Mr McIntyre showed that Mr May looked down and to his inside as the Respondent was taking the inside run. Mr May reported to Stewards post-race that contact with his inside sulky wheel had been made by the trailing runner, ALTA METEOR at that point. The tyre had deflated as a result.

On the head-on video replay, Mr McIntyre showed where the tyre had “shuddered” when contacted.

The Respondent said that, when he was angling his runner into the passing lane, it fooled him with a tendency to run out. It did not respond when he had asked it to go straight, he said.

DECISION:

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that the Respondent has had 108 drives to date in the current season and has a clear record under the Careless Driving Rule.

The Penalty Guide starting point, the race being a Group 2, is a fine of $400, he said. Having regard to the Respondent’s good record and the low degree of the contact, Stewards were seeking a fine in the vicinity of $350, Mr McIntyre said.

The Respondent had no submissions to make in relation to penalty.

REASONS FOR PENALTY:

The Respondent has said that his runner did not fully respond as he attempted to take the passing lane run. The Respondent has slightly misjudged the manoeuvre and his runner has brushed the tyre of BEACH BALL, which appeared to be under pressure at the time. He has made a frank admission of his error.

The race was a Group 2 Race, for which the RIB Harness Racing Penalty Guide (February 2023) suggests a penalty starting point of a $400 fine for “anytime the driver hits a wheel (the consequences of this action go to penalty)”. The Adjudicative Committee was satisfied that there were no significant consequences.

The Respondent’s record is a good one and he made a very frank admission of the breach. He is entitled to a discount from the starting point for those mitigating factors. The Adjudicative Committee fixes the appropriate discount at $100.

CONCLUSION:

The Respondent, Open Driver, Jonny Cox, is fined $300.