If a jockey intends to carry overweight exceeding by more than two pounds the weight that his or her horse is to carry, the owner or trainer consenting, such jockey must declare the amount of overweight to the clerk of the scales at least 45 minutes before the time appointed for the race, and the clerk shall cause the overweight to be stated on the notice commission immediately. For failure on the part of a jockey to comply with this section, such jockey may be punished as provided by sections 4022.12 through 4022.15 of this Subtitle.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4033.5