NZ Metro TC 9 February 2024 – R4 – Wilson House

Summary of Facts:

Following the running of Race 4, Junior Driver Wilson House admitted a breach of Rule 858(1)(i); namely that when driving STYX JEWEL, he failed to maintain his position behind the mobile start.

As a Junior Driver, the Respondent was offered the assistance of a Senior Licenceholder. Mr House elected to proceed with the hearing unassisted.

Mr House endorsed the Information, ‘I do admit a breach of the Rule.’ He confirmed to the Adjudicative Committee that he understood the Rule and his admission of the breach.

Rule 858(1)(i) provides:

A driver must not:-

Fail to maintain his or her position.

Using the available video footage, Stipendiary Steward Shane Renault identified STYX JEWEL, driven by Mr House, drawn 1 behind the mobile gate. STYX JEWEL was on the gate in the correct position as the field passed the candy pole 50m from the start. Mr Renault showed STYX JEWEL lose its position in the remainder of the score-up, being approximately one length behind the gate at the start of the race.

Mr House said STYX JEWEL had undergone several gear changes since her last race, when she was erratic in the score-up. Mr House said she was much better behaved tonight and admitted he was overly cautious when allowing her to drop back in the run to the start.

Decision:

As Mr House has admitted the breach, it is found to be proved.

Submissions for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record which indicated a previous breach of this rule last November.  On that occasion, the breach was dealt with by way of a Minimum Infringement Notice, resulting in a $100 fine. This is the prescribed penalty for an admitted first or second breach under this sub-section of the Rule when dealing with a non-Group Race. However, Mr Renault said because the Respondent’s second breach occurred in a Group 3 Race, an Information was filed. He submitted that the status of the race warranted an uplift in penalty to a $200 fine.

Mr House accepted the reasoning for the charge and the proposed penalty put forward by the Stewards. He made no further submission.

Reasons for Penalty:

A search by the Adjudicative Committee of penalties for recent breaches of this Rule in Group Races confirmed that an uplift to a $200 fine has consistently been applied. Indeed, a $200 fine was handed down to another Driver who breached the same Rule in this same race. With no aggravating or mitigating factors to be found, and for the sake of consistency, a fine of $200 was considered appropriate in this case too.

Conclusion:

Mr House is fined the sum of $200.