N.Y. Comp. Codes R. & Regs. tit. 9 § 4117.8

Current through Register Vol. 46, No. 42, October 16, 2024

Section 4117.8 - Whips, goads and head poles

(a) Whip specifications. A driver is permitted to carry only a black whip that shall not exceed four feet in length, plus a snapper not longer than six inches. No leather or unusual materials may be used. The conventional snapper shall not be knotted. Tape is permitted only on the handle of the whip. All other modifications of the whip are prohibited.

(b) Prohibitions on urging. No person shall possess or use any goading device or mechanical or electric device or appliance other than a whip specified in subdivision (a) of this section, either while racing, training or at any other time on the track premises.

(c) Allowable urging during a race. A driver may use a whip or the lines only in the conventional manner, in accordance with the following:

(1) the driver must keep a line in each hand, except as may be necessary to adjust equipment (i.e., pulling plugs, dropping blinkers, etc.) while racing, training or at any other time when driving a horse on the track premises;

(2) lines shall remain reasonably taut during a race;

(3) use of the whip shall be restricted to forearm and wrist action only such that a driver's elbows must remain reasonably tucked and not raised above the driver's shoulder. For avoidance of doubt, raising the lines and using the whip with wrist-action only is permissible;

(4) a driver is permitted to use the whip to hit the wheel disc or shaft so long as the whip does not interfere with another horse or driver; and

(5) a driver is permitted to use a hand or the whip in a sliding, gliding or tapping manner about the level of the arch.

(d) Excessive or indiscriminate use of whip. While on the track premises at any time, no one shall use a whip in an excessive, indiscriminate, injurious, abusive or unnecessary manner, as the judges may determine in their discretion. The following actions shall be considered as excessive or indiscriminate use of the whip:

(1) causing an injury to the horse with the whip;

(2) using the whip more than three times in succession without giving the horse time to respond to the urging;

(3) using the whip on a horse that is not visibly responding;

(4) using the whip on a tired horse or continuing to use the whip when the horse is not reasonably advancing or maintaining its position in the race;

(5) using the whip after the finish line;

(6) using the handle of the whip on a horse in any manner;

(7) striking another horse or driver with the whip or using the whip in a manner that interferes with another horse or driver;

(8) movement by the driver of their body or arms in an exaggerated manner;

(9) whipping under the arch or shafts of the sulky;

(10) placing the whip between a horse's legs; or

(11) contacting the horse with the whip on the horse's hocks or below.

Notwithstanding the prohibitions described in this section, a driver may use the whip in any reasonable manner to ensure the safety of the horses and drivers in the race.

(e) Kicking prohibited. The kicking of a horse is prohibited. Kicking, for purposes of this subdivision, means delivering a blow or thrust with the foot against any part of the horse's body or impelling by striking with the foot at any time on the track premises, including before, during or after a race.

(f) Foot out of stirrup. A driver found to have removed a foot from the stirrups shall be punished as if the driver were found to have kicked a horse. Additionally, it shall be considered a kicking violation if a driver makes any contact with a horse while both feet are in or out of the stirrups or any foot supports. Notwithstanding the foregoing, a driver is allowed, in the discretion of the judges, to remove a foot from the stirrup temporarily for the purpose of pulling earplugs or to adjust equipment.

(g) Head poles. Head poles may be used on a horse but shall not protrude more than 10 inches beyond the horse's nose.

(h) Penalties.

(1) The penalties for a kicking violation of this rule are as follows, depending on the severity of the violation:

	Suspension
First offense	30 days
Second offense	90 days
Third offense	License revocation

(2) The penalties for a non-kicking violation of this rule are as follows, depending on the severity of the violation:

	Suspension	Fine
First offense	none	$100
Second offense	3 days	$250
Third offense	7 days	$500
Fourth offense	15 days	$1,000
Fifth or subsequent offense	For each subsequent offense, the penalty for both suspension days and the amount of the fine shall be double the last penalty imposed.

When calculating penalties for successive non-kicking violations under this section, any kicking violation that occurs between non-kicking violations shall be considered and equated to three non-kicking offenses for purposes of calculating escalating penalties for non-kicking violations.

(3) A driver's penalty shall be based on the number of offenses that the driver has had across all racetracks in the United States and, to the extent records are available to the judges, Canada, over the 365-day period that includes and immediately precedes the date of the most recent offense.

(4) Any brutal or indiscriminate use of the whip or excessive number of offenses may subject a driver to license revocation, without regard to the number of offenses.

(5) In addition to the penalties set forth in this subdivision, the violation of any of the provisions in this section may result in loss of placement or disqualification if, in the discretion of the judges, the driver and horse gained an unfair advantage due to such violation.

(6) Nothing in the penalties set forth in this subdivision shall preclude a judge, as the circumstances may warrant, from referring a licensee to the commission for a review of the character and fitness of such licensee to hold a racing license.

(i) Publication required. All harness racing corporations or associations conducting a pari-mutuel meet shall publish this section in each day's official racing program.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4117.8

Amended New York State Register October 9, 2024/Volume XLVI, Issue 41, eff. 10/9/2024