Wyndham HRC 12 October 2023 – R10 – Kirsten Green

Mr Renault alleged that in Race 10, Ms Green drove carelessly near the 400 metre mark when contacting the wheel of TAKEITOUT (Mr N Williamson), the tyre of which deflated.

Mr Renault demonstrated that Ms Green was racing 3 back on the fence just before the home turn when she came out and hit the wheel of TAKEITOUT. He said she had misjudged her move by a stride and that the tyre of Mr Williamson’s cart had punctured.

Ms Green said she had come out a bit too sharply. She was not aware she had hit the wheel. Her move was too tight, and she must have brushed the wheel.

Decision

As Ms Green has admitted the breach, it is found to be proved.

Submissions as to penalty

Mr Renault produced the Respondent’s record which showed that Ms Green has had 141 drives this season. She had a clear record. Mr Renault submitted the breach was low-range. TAKEITOUT had finished second. It was not clear whether the deflating tyre had had an impact on the placings.

Ms Green had nothing further to add.

Decision as to penalty

Ms Green has contacted the wheel of TAKEITOUT when she was shifting outwards to obtain a run before the home bend and has contacted the cart of Mr Williamson. A tyre on Mr Williamson’s cart deflated as a consequence.

The starting point in the Penalty Guide is a fine of $300. Ms Green is a busy driver, and her record is clear under this Rule. The last time she hit a wheel was 1 January 2016 and her previous careless driving breach was 15 months ago. Taking into account record and admission, the penalty is a fine of $200.

Penalty

Ms Green is fined the sum of $200.