Waikato BOP H 25 August 2022 – R2 – Dylan Ferguson

ID: RIB10779

Respondent(s):
Dylan Ferguson - Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr N McCutcheon

Persons Present:
Mr D Ferguson, Mr S Mulcay

Information Number:
A16156

Decision Type:
Race Related Charge

Charge:
Careless Driving

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
LOUTENANT

Code:
Harness

Race Date:
25/08/2022

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R2

Hearing Date:
25/08/2022

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Driver Dylan Ferguson is suspended for 2 days and fined $200

FACTS:

Mr D Ferguson (LOUTENANT) admitted a breach of Rule 869(3)(b).

It was alleged that he drove carelessly causing interference to PENTATONIX near the 150m.

Mr Ferguson said that he understood the Rule, charge and confirmed that he admitted the breach.

Film replays were shown which identified LOUTENANT shifting out from behind the leader and causing interference to PENTATONIX which went off stride.

DECISION:

As the charge was admitted it was deemed proved.

PENALTY SUBMISSIONS:

The record showed that on 12 May 2022 Mr Ferguson was suspended for 4 days.

Since that date Mr Ferguson has had 46 Drives.  The starting point for a second breach is 3-Days Suspension.

Mr Ferguson said that a 3-Day Suspension equates to 3 weeks as there is only one race day per week in the North at the present time.  He asked that a fine be considered.  He also said that his drive over-reacted when shifting out and that he did take corrective action by turning its head inwards.

REASONS FOR PENALTY:

Taking all matters into consideration including one meeting per week only in the North Island at present, a combination of a suspension and a fine was considered an appropriate penalty.

 CONCLUSION:

Mr Ferguson’s Driver’s Licence was suspended from 25 August up to and including 8 September 2022 (2 days) and a fine of $200 imposed.

Decision Date: 25/08/2022

Publish Date: 31/08/2022