205 CMR, § 4.11

Current through Register 1536, December 6, 2024

Section 4.11 - Rules of the Race

(1)Entries and Nominations.

(a)Entering. No horse shall be qualified to start unless it has been and continues to be entered.

(b)Procedure.

1. Entries and nominations shall be made with the racing secretary and shall not be considered until received by the racing secretary, who shall maintain a record of time of receipt of them for a period of one year.

2. An entry shall be in the name of the horse's licensed owner and made by the owner, trainer or a licensed designee of the owner or trainer.

3. Races printed in the condition book shall have preference over substitute and extra races.

4. An entry must be in writing, by telephone or facsimile machine to the racing secretary. The entry must be confirmed in writing should the stewards or the racing secretary so request.

5. The person making an entry shall clearly designate the horse so entered.

6. No alteration may be made in any entry after the closing of entries, but an error may be corrected with permission of the stewards.

7. No conditional entries will be accepted.

8. No horse may be entered in more than one race (with the exception of stakes races) to be run on the same day on which pari-mutuel wagering is conducted.

9. Any permitted medication or approved change of equipment must be declared at time of entry.

(c)Coupled Entries.

1. Two or more horses that are entered in a race shall be joined as a mutuel entry and single betting interest if they are owned or leased in whole or in part by the same owner.

2. No more than two horses having common ties through ownership or training may be entered in an overnight race. Under no circumstances may both horses of a coupled entry start to the exclusion of a single entry. When making a coupled entry, a preference for one of the horses must be made.

(d)Nominations.

1. Any nominator to a stakes race may transfer or declare such nomination prior to closing.

2. Any one ofjoint owners of a horse may make joint nominations and entries, and each such owner shall be jointly and severally liable for all payments due.

3. Death of a horse, or a mistake in its entry when such horse is eligible, does not release the nominator or transferee from liability for all stakes fees due. No fees paid in connection with a nomination to a stakes race that is run shall be refunded, except as otherwise stated in the conditions of a stakes race.

4. Death of a nominator to a stakes race shall not render void any subscription, entry or right of entry. All rights, privileges and obligations shall be attached to the legal heirs of the decedent or the successor owner of the horse.

5. When a horse is sold privately or at public auction or claimed, stakes engagements shall be transferred automatically to its new owner; except when the horse is transferred to a person whose license is suspended or who is otherwise unqualified to race or enter the horse, then such nomination shall be void as of the date of such transfer.

6. All stakes fees paid toward a stakes race shall be allocated to the winner unless otherwise provided by the conditions for the race. If a stakes race is not run for any reason, all such nomination fees paid shall be refunded.

(e)Closings.

1. Entries for purse races and nominations to stakes races shall close at the time designated by the association in previously published conditions for such races. No entry, nomination or declaration shall be accepted after such closing time; except in the event of an emergency or if an overnight race fails to fill, the racing secretary may, with the approval of a steward, extend such closing time.

2. Except as otherwise provided in the conditions for a stakes race, the deadline for accepting nominations and declarations is midnight of the day of closing, provided they are received in time for compliance with every other condition of the race.

(f)Number of Starters in a Race. The maximum number of starters in any race shall be limited to the number of starting positions afforded by the association starting gate and its extensions. The number of horses that, in the opinion of the stewards, can be afforded a safe, fair and equal start may further limit the number of starters.

(g)Split or Divided Races.

1. In the event a race is canceled or declared off, the association may split any overnight race for which postpositions have not been drawn.

2. Where a overnight race is split, forming two or more separate races, the racing secretary shall give notice of not less than 15 minutes before such races are closed to grant time for making additional entries to such split races.

(h)Post Positions. Post positions for all races shall be determined by lot and shall be publicly drawn in the presence of a steward or steward designee.

(i)Also-eligible List.

1. If the number of entries for a race exceeds the number of horses permitted to start, the racing secretary may create and post an also-eligible list.

2. If any horse is scratched from a race for which an also-eligible list was created, a replacement horse shall be drawn from the also-eligible list into the race in order of preference. If none is preferred, a horse shall be drawn into the race from the also-eligible list by public lot.

3. Any owner or trainer of a horse on the also-eligible list who does not wish to start the horse in such race shall so notify the racing secretary prior to scratch time for the race.

(j)Preferred List.

1. The racing secretary shall maintain a list of entered horses eliminated from starting by a surplus of entries, and these horses shall constitute a preferred list and have preference. The manner in which the preferred list shall be maintained and all rules governing such list shall be the responsibility of the racing secretary. Such rules must be submitted to the Commission 30 days prior to the commencement of the race meeting and are subject to the approval of the Commission.

2. A copy of the preferred list will be posted each afternoon and any claim of error must be made by 10:00 A.M. of the following race day, and the Stewards will recognize no claim of error not made within the prescribed time.

3. In entering horses on the preferred list a claim of preference must be made at the time of entry and noted on the entry or preference shall be lost, and no claim of error will be considered by the Stewards if the person making the claim has signed an entry not marked in keeping with 205 CMR 4.00.

(2)Declarations and Scratches. Declarations and scratches are irrevocable.

(a)Declarations.

1. A declaration is the act of withdrawing an entered horse from a race prior to the closing of entries.

2. The declaration of a horse before closing shall be made by the owner, trainer or their licensed designee in the form and manner prescribed in 205 CMR 4.00.

(b)Scratches.

1. A scratch is the act of withdrawing an entered horse from a contest after the closing of entries.

2. The owner, trainer or their licensed designee shall make the scratch of a horse after closing, with permission from the stewards.

3. A horse may be scratched from a stakes race for any reason at any time up until 45 minutes prior to post time for that race.

4. No horse may be scratched from an overnight race without approval of the stewards.

5. In overnight races, horses that are physically disabled or sick shall be permitted to be scratched first. Should horses representing more than ten betting interests in the daily double or exotic wagering races, or horses representing more than eight betting interests in any other overnight race, remain in after horses with physical excuses have been scratched, then owners or trainers may be permitted at scratch time to scratch horses without physical excuses down to such respective minimum numbers for such races. Lot shall determine this privilege if an excessive number of owners or trainers wish to scratch their horses.

6. Any horse which has been scratched, or excused from starting by the stewards, because of a physical disability or sickness shall not race until the expiration of a minimum of four calendar days (inclusive of the day the horse was originally scratched) after such horse was scratched or excused and the horse has been removed from the veterinarian's list by the official veterinarian.

(3)Weights.

(a)Allowances.

1. Weight allowance must be claimed at time of entry and shall not be waived after the posting of entries, except by consent of the stewards.

2. A horse shall start with only the allowance of weight to which it is entitled at time of starting, regardless of its allowance at time of entry.

3. Horses not entitled to the first weight allowance in a race shall not be entitled to any subsequent allowance specified in the conditions.

4. Claim of weight allowance to which a horse is not entitled shall not disqualify it unless protest is made in writing and lodged with the stewards at least one hour before post time for that race.

5. A horse shall not be given a weight allowance for failure to finish second or lower in any race.

6. No horse shall receive allowance of weight nor be relieved extra weight for having been beaten in one or more races, but 205 CMR 4.11(3)(a) shall not prohibit maiden allowances or allowances to horses that have not won a race within a specified period or a race of a specified value.

7. Except in handicap and races which expressly provide otherwise, two-year-old fillies shall be allowed three pounds, and fillies and mares, three-years-old and upward, shall be allowed five pounds before September 1^st and three pounds thereafter in races where competing against male horses.

(b)Penalties.

1. Weight penalties are obligatory.

2. Horses incurring weight penalties for a race shall not be entitled to any weight allowance for that race.

3. No horse shall incur a weight penalty or be barred from any race for having been placed second or lower in any race.

4. A penalty incurred and allowances due in steeplechase or hurdle races shall not apply to races on the flat, and vice versa.

5. The reports, records and statistics as published by Daily Racing Form, Equibase or other recognized publications shall be considered official in determining eligibility, allowances and penalties, but may be corrected.

6. When the decision of a race is in dispute, all horses involved in the dispute with respect to the winner's credit shall be liable to all weight penalties and eligibility attached to the winning of that race until a winner has been adjudged.

7. No horse shall incur a weight penalty for a placement from which he or she is disqualified, but a horse placed through the disqualification of another horse shall incur the weight penalties of that placement. No such placement, however, shall make a horse ineligible to a race that already has been run.

8. A horse shall start with only the allowance of weight to which it is entitled at the time of starting, regardless of its allowance at the time of entry.

(c)Weight Conversions.

1. For the purpose of determining weight assignments and/or allowances for imported horses, the following weight conversions shall be used:

one kilogram = 2 1/4 pounds

one Stone = 14 pounds

(d)Scale of Weights.

1. With the exception of apprentice allowances, handicap races, three year old horses entered to run in races against horses four years old and upwards, and the allowance provided in 205 CMR 4.11(3)(d)2., no jockey shall be assigned a weight of less than 118 pounds. For three year old horses entered to run in races against horses four years old and upwards from January 1^st through August 31^st, no jockey shall be assigned a weight of less than 116 pounds.

2. Except in handicaps, fillies two years old shall be allowed three pounds, and fillies and mares three years old and upward shall be allowed five pounds before September 1^st, and three pounds thereafter, in races where competing against horses of the opposite sex.

3. A notice shall be included in the daily program that all jockeys will carry approximately three pounds more than the published weight to account for safety equipment (vest and helmet) that is not included in required weighing out procedures. Additionally, upon stewards' approval, jockeys may weigh in with up to an additional three pounds for inclement weather gear.

(e)Distance Conversions.

1. For the purpose of determining eligibility, weight assignments and/or allowances for imported horses, the racing secretary shall convert metric distances to English measures by reference to the following scale:

2.Comparative Table of Distances.

200 Meters = one Furlong

1,000 Meters = five Furlongs

1,200 Meters = six Furlongs

1,400 Meters = seven Furlongs

1,600 Meters = one Mile

1,700 Meters = one-1/16 Miles

1,800 Meters = 11/8 Miles

2,000 Meters = 11/4 Miles

2,200 Meters = 13/8 Miles

2,400 Meters = 11/2 Miles

2,600 Meters = 15/8 Miles

3,000 Meters = 17/8 Miles

3,200 Meters = two Miles

3,600 Meters = 21/4 Miles

4,800 Meters = three Miles

(4)Workouts.

(a)Requirements. A horse shall not start unless it has participated in an official race or has an approved timed workout satisfactory to the stewards. The workout must have occurred at a pari-mutuel or Commission recognized facility within the previous 30 days. A horse which has not started for a period of 60 days or more shall be ineligible to race until it has completed a timed workout approved by the stewards prior to the day of the race in which the horse is entered. The association may impose more stringent workout requirements.

(b)Identification. The owner, trainer or rider shall be required to identify the horse and the distance the horse is to be worked and the point on the track where the workout will start.

(c)Information Dissemination. Information regarding a horse's approved timed workout(s) shall be furnished to the public prior to the start of the race for which the horse has been entered.

(d)Restrictions. A horse shall not be taken onto the track for training or a workout except during hours designated by the association.

(5)Horses Ineligible.

(a) A horse is ineligible to start in a race when:

1. It is not stabled on the grounds of the association or present by the time established by the Commission;

2. Its breed registration certificate is not on file with the racing secretary or horse identifier; unless the racing secretary has submitted the certificate to the appropriate breed registry for correction;

3. It is not fully identified and tattooed on the inside of the upper lip, microchipped with a unique microchip (ISO 11784), freeze brand, or identified by any other method approved by the appropriate breed registry and the Commission;

4. It has been fraudulently entered or raced in any jurisdiction under a different name, with an altered registration certificate or altered lip tattoo, microchip (ISO 11784), freeze brand, or other identification method approved by the appropriate breed registry and the Commission;

5. It is wholly or partially owned by a disqualified person or a horse is under the direct or indirect training or management of a disqualified person;

6. It is wholly or partially owned by the spouse of a disqualified person or a horse is under the direct or indirect management of the spouse of a disqualified person, in such cases, it being presumed that the disqualified person and spouse constitute a single financial entity with respect to the horse, which presumption may be rebutted;

7. The stakes or entrance money for the horse has not been paid, in accordance with the conditions of the race; except with the approval of the racing secretary;

8. The losing jockey mount fee is not on deposit with the horsemen's bookkeeper; except with the approval of the racing secretary;

9. Its name appears on the starter's list, paddock judge's list, stewards' list or veterinarian's list;

10. It is a first time starter and has not been approved to start by the starter;

11. It is owned in whole or in part by an undisclosed person or interest;

12. It lacks sufficient official published workouts or race past performance(s);

13. It has been entered in a stakes race and has subsequently been transferred with its engagements, unless the racing secretary has been notified of such prior to the start;

14. It is subject to a lien that has not been approved by the stewards and filed with the horsemen's bookkeeper;

15. It is subject to a lease not filed with the stewards;

16. It is not in sound racing condition;

17. It has had a surgical neurectomy performed on a heel nerve, which has not been approved by the official veterinarian;

18. It has been trachea tubed to artificially assist breathing;

19. It has been blocked with alcohol or otherwise drugged or surgically denerved to desensitize the nerves above the ankle;

20. It has impaired eyesight in both eyes;

21. It is barred or suspended in any recognized jurisdiction;

22. It does not meet the eligibility conditions of the race;

23. Its owner or lessor is in arrears for any stakes fees, except with approval of the racing secretary;

24. Its owner(s), lessor(s) and/or trainer have not completed the licensing procedures required by the Commission;

25. It is by an unknown sire or out of an unknown mare; or

26. There is no current negative Coggins test certificate for Equine Infectious Anemia on file.

27. If a thoroughbred, it has shoes (racing plates) which have toe grabs with a height greater than two millimeters, bends, jar caulks, stickers, or any other traction device on the front hooves while racing or training on all surfaces.

28. A filly or mare may not be entered in a claiming race when it is pregnant, unless before the time of entry the owner deposits with the racing secretary a signed agreement whereby the owner at the time of entry provides the successful claimant without cost, protest or fee of any kind, a valid stallion service certificate covering the breeding of the mare.

29. Notwithstanding 205 CMR 4.11(5)(a)28. a pregnant mare may not be entered in a race if she is beyond 120 days of gestation.

(6)Running of the Race.

(a)Equipment.

1. All riding crops are subject to inspection and approval by the stewards and the clerk of scales.

a. Riding crops shall have a shaft and a flap and will be allowed in flat racing including training, only as follows;

i. Maximum weight of eight ounces.

ii. Maximum length, including flap of 30 inches.

iii. Minimum diameter of the shaft of d inch

iv. Shaft contact area must be smooth, with no protrusions or raised surface, and covered by shock absorbing material that gives a compression factor of at least one-millimeter throughout its circumference.

b. The flap is the only allowable attachment to the shaft and must meet these specifications:

i. Length beyond the end of the shaft a maximum of one inch.

ii. Width a minimum of 0.8 inch and a maximum of 1.6 inches.

iii. No reinforcements or additions beyond the end of the shaft.

iv. No binding within seven inches of the end of the shaft.

v. Shock absorbing characteristics similar to those the contact area of the shaft.

2. No bridle shall exceed two pounds.

3. A horse's tongue may be tied down with clean bandages, gauze or tongue strap.

4. Permission for any change of reported equipment from that which a horse carried in its last previous race, can be obtained only from the Stewards and must be obtained before the closing of entries for the race in which the horse is to run with changed equipment.

5. Permission for a horse to add blinkers to its equipment or to discontinue the use of them must be approved by the Starter before being granted by the Stewards.

(b)Racing Numbers.

1. Each horse shall carry a conspicuous saddle cloth number corresponding to the official number given that horse on the official program.

2. In the case of a coupled entry that includes more than one horse, each horse in the entry shall carry the same number, with a different distinguishing letter following the number. As an example, two horses in the same entry shall appear in the official program as 1 and 1A.

3. Each horse in the mutuel field shall carry a separate number or may carry the same number with a distinguishing letter following the number.

(c)Jockey Requirements.

1. Jockeys shall report to the jockeys' quarters at the time designated by the association. Jockeys shall report their engagements and any overweight to the clerk of scales. Jockeys shall not leave the jockeys' quarters, except to ride in scheduled races, until all of their riding engagements of the day have been fulfilled except as approved by the stewards.

2. A jockey who has not fulfilled all riding engagements, who desires to leave the jockeys' quarters, must first receive the permission of the stewards and must be accompanied by an association security guard.

3. While in the jockeys' quarters, jockeys shall have no contact or communication with any person outside the jockeys' quarters other than Commission personnel and officials, an owner or trainer for whom the jockey is riding or a representative of the regular news media, except with the permission of the stewards. Any communication permitted by the stewards may be conducted only in the presence of the clerk of scales or other person designated by the stewards.

4. The clerk of scales shall weigh out jockeys for their respective mounts not more than 30 minutes before post time for each race.

5. Only valets employed by the association shall assist jockeys in weighing out.

6. A jockey must wear a safety vest at all times when mounted. The safety vest must comply with one of the following minimum standards: British Equestrian Trade Association (BETA):2000 Level 1; Euro Norm (EN) 13158:2000 Level 1; American Society for Testing and Materials (ASTM) F2681-08 or F1937; Shoe and Allied Trade Research Association (SATRA) Jockey Vest DocM6 Issue 3; or Australian Racing Board (ARB) Standard 1.1998.

7. A jockey must wear a properly secured safety helmet at all times while mounted. The helmet must comply with the Safety Standards of The Association of Racing Commissioners International Model Rules of Racing version 6.1, July, 2015.

8. A safety helmet or a safety vest shall not be altered in any manner nor shall the product marking be removed or defaced.

9.Weighing Out.

a. A jockey's weight shall include his or her clothing, boots, saddle and its attachments and any other equipment except the bridle, bit, blinkers, goggles, number cloth, and safety equipment including helmet, vest, over-girth, reins and breast collar.

b. Upon Stewards approval, jockeys may be allowed up to three pounds more than published weights to account for inclement weather clothing and equipment.

10. Seven pounds is the limit of overweight any horse is permitted to carry.

11. Once jockeys have fulfilled their riding engagements for the day and have left the jockeys' quarters, they shall not be re-admitted to the jockeys' quarters until after the entire racing program for that day has been completed, except with permission of the stewards.

(d)Paddock to Post.

1. Each horse shall carry the full weight assigned for that race from the paddock to the starting post, and shall parade past the stewards' stand, unless excused by the stewards. The post parade shall not exceed 12 minutes, unless otherwise ordered by the stewards. It shall be the duty of the stewards to ensure that the horses arrive at the starting gate as near to post time as possible.

2. After the horses enter the track, no jockey may dismount nor entrust his or her horse to the care of an attendant unless, because of accident occurring to the jockey, the horse or the equipment, and with the prior consent of the starter. During any delay during which a jockey is permitted to dismount, all other jockeys may dismount and others may attend their horses. After the horses enter the track, only the jockey, an assistant starter, the official veterinarian, the racing veterinarian or an outrider or pony rider may touch the horse before the start of the race.

3. If a jockey is injured on the way to the post, the horse may be returned to the paddock or any other area designated by the stewards, re-saddled with the appropriate weight and remounted with a replacement jockey.

4. After passing the stewards' stand in parade, the horses may break formation and proceed to the post in any manner unless otherwise directed by the stewards. Once at the post, the horses shall be started without unnecessary delay.

5. Horses shall arrive at the starting post in post position order.

6. In case of accident to a jockey or his or her mount or equipment, the stewards or the starter may permit the jockey to dismount and the horse to be cared for during the delay, and may permit all jockeys to dismount and all horses to be attended to during the delay.

7. If a jockey is thrown on the way from the paddock to the post, the horse must be remounted, return to the point where the jockey was thrown and then proceed over the route of the parade to the post. The horse must carry its assigned weight from paddock to post and from post to finish.

8. If a horse leaves the course while moving from paddock to post, the horse shall be returned to the course at the nearest practical point to that at which it left the course, and shall complete its parade to the post from the point at which it left the course unless ordered scratched by the stewards.

9. No person shall willfully delay the arrival of a horse at the post.

10. The starter shall load horses into the starting gate in any order deemed necessary to ensure a safe and fair start. Only the jockey, the racing veterinarian, the starter or an assistant starter shall handle a horse.

11. Every horse must be saddled in the paddock.

(e)Post to Finish.

1.The Start.

a. The starter is responsible for assuring that each participant receives a fair start.

b. If, when the starter dispatches the field, any door at the front of the starting gate stalls should not open properly due to a mechanical failure or malfunction or should any action by any starting personnel directly cause a horse to receive an unfair start, the stewards may declare such a horse a non-starter.

c. Should a horse, not scratched prior to the start, not be in the starting gate stall thereby causing it to be left when the starter dispatches the field, the stewards shall declare the horse a non-starter.

d. Should an accident or malfunction of the starting gate, or other unforeseeable event compromise the fairness of the race or the safety of race participants, the stewards may declare individual horses to be non-starters, exclude individual horses from one or more pari-mutuel pools or declare a no contest and refund all wagers except as otherwise provided in the rules involving multi-race wagers.

2.Interference, Jostling or Striking.

a. A jockey shall not ride carelessly or willfully so as to permit his or her mount to interfere with, impede or intimidate any other horse in the race.

b. No jockey shall carelessly or willfully jostle, strike or touch another jockey or another jockey's horse or equipment

c. No jockey shall unnecessarily cause his or her horse to shorten its stride so as to give the appearance of having suffered a foul.

3.Maintaining a Straight Course.

a. When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede or intimidate any other horse, it is a foul.

b. The offending horse may be disqualified, if in the opinion of the stewards, the foul altered the finish of the race, regardless of whether the foul was accidental, willful or the result of careless riding.

c. If the stewards determine the foul was intentional, or due to careless riding, they may fine or suspend the guilty jockey.

d. In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane in such a manner that it interferes with, impedes or intimidates another horse, it is a foul and may result in the disqualification of the offending horse.

4.Disqualification.

a. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horses as in their judgement it interfered with, or they may place it last.

b. If a horse is disqualified for a foul, any horse or horses owned or trained by the same interests, in the same race whether coupled or uncoupled, may also be disqualified.

c. Possession of any electrical or mechanical stimulating or shocking device by a jockey, horse owner, trainer or other person authorized to handle or attend to a horse shall be prima facie evidence of a violation of 205 CMR 4.00 and is sufficient grounds for the stewards to scratch or disqualify the horse.

d. The stewards may determine that a horse shall be unplaced for the purpose of purse distribution and time trial qualification.

5.Multiple Disqualifications. Should the stewards determine that there is more than one incident of interference in a race where disqualification is warranted, the stewards shall deal with the incidents in the order in which the incident occurs during the race from start to finish; except in the case where the same horses are involved in multiple incidents. Once a horse has been disqualified, it should remain placed behind the horse with which it interfered. The stewards shall make a conscious effort to place and maintain as placed, every and all horses placed behind others for interference

6.Horses Shall be Ridden Out. All horses shall be ridden out in every race. A jockey shall not ease up or coast to the finish, without adequate cause, even if the horse has no apparent chance to win prize money. A jockey shall give a best effort during a race.

7.Use of Riding Crops.

a. Although the use of a riding crop is not required, any 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.

b. In all races where a jockey will ride without a riding crop, an announcement of such fact shall be printed in the official program.

c. No electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than the ordinary riding crop approved, shall be possessed by anyone, or applied by anyone to the horse at any time on the grounds of the association during the meeting, whether in a race or otherwise.

d. Riding crops shall not be used on two-year-old horses before April 1^st of each year.

e. The riding crop shall only be used for safety, correction and encouragement.

f. All riders should comply with the following when using the riding crop:

i. Showing the horse the riding crop and giving it time to respond before hitting it.

ii. Having used the riding crop, giving the horse a chance to respond before using it again.

iii. Using the riding crop in rhythm with the horses stride.

g. Prohibited uses of the riding crop include, but are not limited to, striking a horse:

i. on the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse;

ii. during the post parade or after the finish of the race except when necessary to control the horse;

iii. excessively or brutally causing welts or breaks in the skin;

iv. when the horse is clearly out of the race or has obtained its maximum placing;

v. persistently even though the horse is showing no response under the riding crop; or

vi. striking another rider or horse.

h. After the race, horses will be subject to inspection by a racing or official veterinarian looking for cuts, welts or bruses in the skin. Any adverse findings shall be reported to the stewards.

i. The giving of instructions by any licensee that if obeyed would lead to a violation of 205 CMR 4.11(6) may result in disciplinary action also being taken against the licensee who gave such instructions.

8.Order of Finish.

a. The official order of finish shall be decided by the stewards with the aid the photo finish system, and in the absence of the photo finish film record, the video replay. The photo finish and video replay are only aids to the stewards' decision. The decision of the stewards shall be final in all cases.

b. The nose of the horse shall determine the placement of the horse in relationship to other horses in the race.

9.Returning after the Finish.

a. After a race has been run, the jockey shall ride promptly to the place designated by the stewards, dismount and report to the clerk of scales to be weighed in. Jockeys shall weigh in with all pieces of equipment with which they weighed out.

b. If a jockey is prevented from riding to the place designated by the stewards because of an accident or illness to the jockey or the horse, the jockey may walk or be transported to the scales, or may be excused from weighing in by the stewards.

10.Unsaddling.

a. Only persons authorized by the stewards may assist the jockey with unsaddling the horse after the race.

b. No one shall place a covering over a horse before it is unsaddled.

11.Weighing In.

a. A jockey shall weigh in at no less than the same weight at which he or she weighed out, and if under that weight, and after consideration of mitigating circumstances by the board of stewards, his or her mount shall be disqualified from any portion of the purse money.

b. In the event of such disqualification, all monies wagered on the horse shall be refunded unless the race has been declared official.

c. A jockey's weight shall include his or her clothing, boots, saddle and its attachments and any other equipment except the bridle, bit, blinkers, goggles, number cloth and safety equipment including helmet, vest, over-girth, reins and breast collar.

d. Upon approval of the stewards, the jockeys may be allowed up to three pounds more than published weights to account for inclement weather clothing and equipment.

e. The post-race weight of jockeys includes any sweat, dirt and mud that have accumulated on the jockey, jockey's clothing, jockey's safety equipment and over-girth. This accounts for additional weight, depending on specific equipment, as well as weather, track and racing conditions.

12.Dead Heats.

a. When two horses run a dead heat for first place, all purses or prizes to which first and second horses would have been entitled shall be divided equally between them; and this applies in dividing all purses or prizes whatever the number of horses running a dead heat and whatever places for which the dead heat is run.

b. In a dead heat for first place, each horse involved shall be deemed a winner and liable to penalty for the amount it shall receive.

c. When a dead heat is run for second place and an objection is made to the winner of the race, and sustained, the horses that ran a dead heat shall be deemed to have run a dead heat for first place.

d. If the dividing owners cannot agree as to which of them is to have a cup or other prize that cannot be divided, the question shall be determined by lot by the stewards.

(7)Protests, Objections and Inquiries

(a)Stewards to Inquire.

1. The stewards shall take cognizance of foul riding and, upon their own motion or that of any racing official or person empowered by 205 CMR 4.00 to object or complain, shall make diligent inquiry or investigation into such objection or complaint when properly received.

2. In determining the extent of disqualification, the stewards in their discretion may:

a. declare null and void a track record set or equaled by a disqualified horse, or any horses coupled with it as an entry;

b. affirm the placing judges' order of finish and hold the jockey responsible if, in the stewards' opinion, the foul riding did not affect the order of finish; or

c. disqualify the offending horse and hold the jockey blameless if in the stewards' opinion the interference to another horse in a race was not the result of an intentional foul or careless riding on the part of a jockey.

(b)Race Objections.

1. An objection to an incident alleged to have occurred during the running of a race shall be received only when lodged with the clerk of scales, the stewards or their designees, by the owner, the authorized agent of the owner, the trainer or the jockey of a horse engaged in the same race.

2. An objection following the running of any race must be filed before the race is declared official, whether all or some riders are required to weigh in, or the use of a fast official procedure is permitted.

3. The stewards shall make all findings of fact as to all matters occurring during and incident to the running of a race; shall determine all objections and inquiries, and shall determine the extent of disqualification, if any, of horses in the race. Such findings of fact and determinations shall be final.

4. In the case of disqualification the Stewards shall immediately make public the reason for the disqualification and the same shall be announced over the public address system.

(c)Prior Objections.

1. Objections to the participation of a horse entered in any race shall be made to the stewards in writing, signed by the objector, and filed not later than one hour prior to post time for the first race on the day which the questioned horse is entered. Any such objection shall set forth the specific reason or grounds for the objection in such detail so as to establish probable cause for the objection. The stewards upon their own motion may consider an objection until such time as the horse becomes a starter.

2. An objection to a horse which is entered in a race may be made on, but not limited to, the following grounds or reasons:

a. A misstatement, error or omission in the entry under which a horse is to run;

b. the horse that is entered to run is not the horse it is represented to be at the time of entry, or the age was erroneously given;

c. the horse is not qualified to enter under the conditions specified for the race, or the allowances are improperly claimed or not entitled the horse, or the weight to be carried is incorrect under the conditions of the race;

d. the horse is owned in whole or in part, or leased or trained by a person ineligible to participate in racing or otherwise ineligible to own a race horse as provided in 205 CMR 4.00; or

e. the horse was entered without regard to a lien filed previously with the racing secretary.

3. The stewards may scratch from the race any horse that is the subject of an objection if they have reasonable cause to believe that the objection is valid.

(d)Protests.

1. A protest against any horse that has started in a race shall be made to the stewards in writing, signed by the protestor, within 72 hours of the race exclusive of non-racing days. If the incident upon which the protest is based occurs within the last two days of the meeting, such protest may be filed with the Commission within 72 hours exclusive of Saturdays, Sundays or official holidays. Any such protest shall set forth the specific reason or reasons for the protest in such detail as to establish probable cause for the protest.

2. A protest may be made on any of the following grounds:

a. Any grounds for objection as set forth in this chapter;

b. the order of finish as officially determined by the stewards was incorrect due to oversight or errors in the numbers of the horses that started the race;

c. a jockey, trainer, owner or lessor was ineligible to participate in racing as provided in 205 CMR 4.00;

d. the weight carried by a horse was improper, by reason of fraud or willful misconduct; or

e. an unfair advantage was gained in violation of 205 CMR 4.00.

3. Notwithstanding any other provision in this article, the time limitation on the filing of protests shall not apply in any case in which fraud or willful misconduct is alleged provided that the stewards are satisfied that the allegations are bona fide and verifiable.

4. No person shall file any objection or protest knowing the same to be inaccurate, false, untruthful or frivolous.

5. The stewards may order any purse, award or prize for any race withheld from distribution pending the determination of any protest. In the event any purse, award or prize has been distributed to an owner or for a horse which by reason of a protest or other reason is disqualified or determined to be not entitled to such purse, award or prize, the stewards or the Commission may order such purse, award or prize returned and redistributed to the rightful owner or horse. Any person who fails to comply with an order to return any purse, award or prize erroneously distributed shall be subject to fines and suspension.

205 CMR, § 4.11

Amended by Mass Register Issue 1317, eff. 2/9/2016.