RELATES TO: KRS 230.215(2), 230.260(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and
230.260(8) authorize the Kentucky Horse Racing Commission to promulgate
administrative regulations prescribing the conditions under which racing shall
be conducted in Kentucky. This administrative regulation sets forth the
standards and requirements governing the running of a horse race.
Section 1. Post Time. Post time for the first
race on each racing day shall be approved by the commission. Post time for
subsequent races on the same program shall be fixed by the pari-mutuels
manager. No race shall start after 11:55 p.m.
Section 2. Horses in paddock not to be
touched. Only the following persons may touch a horse while in the paddock:
(1) Licensed owner;
(2) Licensed trainer;
(3) Authorized stable personnel;
(4) Paddock judge;
(5) Horse identifier;
(6) Assigned valet;
(7) Steward;
(8) Farrier;
(9) Outrider; or
(10) Jockey.
Section 3. Trainer Responsibility. The
trainer shall be responsible for:
(1) Arrival
in the paddock, at the time prescribed by the paddock judge, of each horse
entered;
(2) Supervising the
saddling of each horse entered; and
(3) Providing his or her assistant trainer or
another licensed trainer to serve as a substitute if absent from a track where
the trainer's horses are participating in races.
Section 4. Withdrawal of a Horse. A horse
whose starting is mandatory shall run the course, except that the stewards may
order the withdrawal of a horse at any time up to the actual start of a
race.
Section 5. Walkover. If at
the time for saddling, only one (1) horse, or horses owned by only one (1)
stable, will be weighed out, the horse or horses of single ownership shall be
ridden past the stewards' stand, go to the post, and then move over the course
before determination of the winner.
Section
6. Parade to the Post; Time.
(1)
All horses shall parade and carry their declared weight from the paddock to the
starting post.
(a) The parade shall pass the
stewards' stand.
(b) After passing
the stewards' stand once, horses may break formation and canter, warm up, or go
as they please to the post.
(c)
With the permission of the stewards, a horse may be excused from parading with
the other horses.
(2)
The parade to the post shall not exceed twelve (12) minutes from the time the
field enters upon the track, except in cases of unavoidable delay.
(3) If a jockey is thrown on the way to the
post:
(a) The jockey shall remount at the
point at which thrown; or
(b) If
the jockey is so injured as to require a substitute jockey, the horse shall be
returned to the paddock where the horse shall be remounted by a substitute
jockey.
Section
7. Lead Pony. A horse may be led to the post by a lead pony. Lead
ponies may be excluded from the paddock or walking ring, at the discretion of
the stewards.
Section 8. Control of
Horses and Jockeys by Starter. Horses and jockeys shall be under the control of
the starter from the moment they enter the track until the race is started.
(1) The starter may grant a delay if an
injury occurs to any jockey or if a jockey's equipment malfunctions. During the
delay, the stewards may require all jockeys to dismount.
(2) The starter shall unload the horses in
the gate when instructed by the stewards if:
(a) A horse breaks through the gate or
unseats its jockey after any of the field is loaded in the starting gate;
and
(b) The horse is not
immediately taken in hand by the outrider and brought back for
reloading.
(3) The
starter shall reload the horses in their proper order upon order of the
stewards.
(4) The starter shall
report all causes of delay to the stewards.
(5) A person other than the jockey, starter,
or assistant starter shall not strike a horse or attempt, by shouting or other
means, to assist the horse in getting a start.
Section 9. Starting Gate. Races on the flat
shall use a starting gate approved by the commission unless exempted by the
stewards. Exempted races shall not start until the assistant starter has
dropped the flag in answer to the starter.
Section 10. Horses Left at Post.
(1) If a door at the front of the starting
gate fails to open properly and timely when the starter dispatches the field,
or if a horse has inadvertently not been loaded in the starting gate when the
field is dispatched, thereby causing the horse to be left at the post, the
starter shall immediately report the circumstance to the stewards who shall:
(a) Immediately post the "inquiry"
sign;
(b) Advise the public to hold
all pari-mutuel tickets; and
(c)
Determine, after consulting with the starter and viewing the race replay,
whether or not the horse was precluded from obtaining a fair start.
(2) If the stewards determine that
the horse was precluded from obtaining a fair start, the stewards shall rule
the horse a nonstarter and shall order money wagered on the horse deducted from
the pari-mutuel pool and refunded to holders of pari-mutuel tickets on the
horse, unless the horse ruled a nonstarter is part of a pari-mutuel entry and
another horse in the entry is not left at the post, in which case there shall
not be a pari-mutuel refund.
(3)
Stakes fees for a ruled nonstarter shall be refunded to the owner.
(4) The starter may, in his or her
discretion, place an unruly or fractious horse on the outside of the starting
gate and one (1) length behind the starting line. If the horse so stationed
outside the starting gate by the starter dwells or refuses to break with the
field and is thereby left at the post, there shall not be a refund of
pari-mutuel wagers on the horse nor refund of stakes fees paid for the
horse.
Section 11.
Horses Failing to Finish. Any horse that starts in a race but does not cross
the finish line or is not ridden across the finish line by the jockey with whom
it starts the race shall be declared unplaced and shall receive no portion of
the purse money.
Section 12. Fouls.
(1) A leading horse if clear is entitled to
any part of the track.
(2) If a
leading horse or any other horse in a race swerves or is ridden to either side
so as to interfere with, intimidate, or impede any other horse or jockey, or to
cause the same result, this action shall be deemed a foul.
(3) If a jockey strikes another horse or
jockey, it is a foul.
(4) If, in
the opinion of the stewards, a foul alters the finish of a race, an offending
horse may be disqualified by the stewards.
Section 13. Stewards to Determine Foul
Riding.
(1) A jockey shall make a best effort
to control and guide his or her mount in such a way as not to cause a
foul.
(2) The stewards shall take
cognizance of riding that results in a foul, irrespective of whether or not an
objection is lodged.
(3) If, in the
opinion of the stewards, a foul is committed as a result of a jockey not making
a best effort to control and guide his or her mount to avoid a foul, whether or
not intentionally or through carelessness or incompetence, the jockey may be
penalized at the discretion of the stewards.
Section 14. Horses to be Ridden Out.
(1) Every horse in every race shall be ridden
so as to win or finish as near as possible to first and demonstrate the best
and fastest performance of which it is capable at the time, while in compliance
with Section 15 of this administrative regulation.
(2) A horse shall not be eased up without
adequate cause, even if it has no apparent chance to earn a portion of the
purse money.
(3) A jockey who
unnecessarily causes a horse to shorten stride may be penalized at the
discretion of the stewards.
(4)
Stewards shall take cognizance of any marked reversal of form of a horse and
shall conduct inquiries of the licensed owner, licensed trainer, and all other
persons connected with the horse.
(5) If the stewards find that the horse was
deliberately restrained or impeded in any way or by any means so as not to win
or finish as near as possible to first, any person found to have contributed to
that circumstance may be penalized at the discretion of the stewards.
Section 15. Use of Riding Crops.
(1) Although the use of a riding crop is not
required, a jockey who uses a riding crop during a race shall do so only in a
manner consistent with exerting his or her best efforts to win.
(2) In any race in which a jockey will ride
without a riding crop, an announcement of that fact shall be made over the
public address system.
(3) An
electrical or mechanical device or other expedient designed to increase or
retard the speed of a horse, other than a riding crop approved by the stewards
pursuant to
810 KAR 4:010, Section 11 shall not be possessed by anyone, or
applied by anyone to a horse at any time at a location under the jurisdiction
of the racing commission.
(4) A
riding crop shall not be used on a two (2) year-old horse in races before April
1 of each year.
(5) Allowable Uses
of a Riding Crop.
(a) The riding crop may be
used at any time, without penalty, if, in the opinion of the stewards, the
riding crop is used to avoid a dangerous situation or preserve the safety of
other riders or horses in a race.
(b) If necessary during a race, a riding crop
may be used in a backhanded or underhanded fashion from the 3/8 pole to the
finish line. This use shall not be counted toward the use of the crop six (6)
times in the overhand fashion, as allowed in subsection (6) of this section.
The use of the crop shall not rise above the rider's helmet at any
point.
(c) A riding crop may also
be used if:
1. The horse is tapped on the
shoulder with the crop in the down position while both hands are holding onto
the reins and both hands are touching the neck of the horse; and
2. The crop is shown or waved without contact
with the horse and the horse is given time to respond before the horse is
struck.
(6) A
riding crop may be used to make contact with a horse to maintain focus and
concentration, to control the horse for safety of the horse and rider, or to
encourage a horse, with the following exceptions:
(a) Use of the crop in any manner, other than
underhanded or backhanded as established in subsection (5)(b) of this section,
or tapping on the shoulder as established in subsection (5)(c) of this section,
resulting in more than six (6) times in the overhand manner;
(b) Use of the crop and making contact with
the horse more than two (2) successive strikes without allowing the horse a
chance to respond;
(c) Use of the
crop with the rider's wrist above helmet height;
(d) Use of the cropon the head, flanks, or on
any other part of its body other than the shoulders or hindquarters;
(e) Use of the crop during the post parade or
after the finish of the race except if necessary to control the
horse;
(f) Excessive or brutal use
of the crop causing injury to the horse;
(g) Use of the cropcausing welts or breaks in
the skin;
(h) Use of the crop, if
the horse is clearly out of the race or has obtained its maximum placing;
and
(i) Use of the crop even though
the horse is showing no response.
(7) A riding crop shall not be used to strike
another person.
(8) After the race,
a horse shall be subject to inspection by a racing official or official
veterinarian looking for cuts, welts, or bruises in the skin. Any adverse
findings shall be reported to the stewards.
(9) A crop may be used during workouts if the
use does not violate subsection (6)(c) through (i) of this section.
(10) The giving of instructions by any
licensee that, if obeyed, would lead to a violation of this section may result
in disciplinary action also being taken against the licensee who gave the
instructions.
(11) Only
padded/shock absorbing riding crops that have not been modified in any way may
be carried in a race.
(12) During a
race, if a jockey rides in a manner contrary to this rule, the stewards shall
impose a minimum fine of $500, a minimum suspension of three (3) days, or both,
if in the opinion of the stewards, the violation is egregious or intentional.
Factors in determining whether a violation is egregious shall include at least
the following:
(a) Recent history of similar
violations;
(b) Number of uses over
the total and consecutive limits described in this section; and
(c) Using the crop in the overhanded position
more than six (6) times.
Section 16. Other Means of Altering
Performance. An electrical or mechanical appliance, other than a riding crop,
shall not be used to affect the speed of a horse in a race or workout. A sponge
or other object shall not be used to interfere with the respiratory system of a
horse. Use or nonuse of ordinary racing equipment shall be consistent and any
change of equipment shall be approved by the stewards.
Section 17. Official Order of Finish as to
Pari-mutuel Payoff. Once satisfied that the order of finish is correct and that
the race has been properly run in accordance with the rules and KAR Title 810,
the stewards shall order that the official order of finish be confirmed and the
official sign posted for the race. The decision of the stewards as to the
official order of finish for pari-mutuel wagering purposes shall be final, and
no subsequent action shall set aside or alter the official order of finish for
the purposes of pari-mutuel wagering.