Section 69.5-01-05-29 - Jockeys and apprentice jockeys1.Eligibility.a. Jockeys. (1) No person under sixteen years of age will be licensed by the commission as a jockey.(2) The stewards may require that any jockey pass a physical examination and may refuse to allow any jockey to ride until such jockey successfully completes such examination.(3) A jockey may not be an owner or trainer of any racehorse.(4) A license may not be granted until the applicant has successfully completed two rides under a provisional license of the commission and has been approved by the starter.(5) Whenever a jockey from a foreign country, excluding Mexico and Canada, rides in the United States, such jockey must declare that he or she is a holder of a valid license and currently not under suspension. To facilitate this process, the jockey shall present a declaration sheet to the commission. The sheet must state: (a) That the jockey is the holder of a valid license to ride;(b) That the jockey is not currently under suspension; and(c) That the jockey agrees to be bound by the rules of the commission. This sheet must be retained by the commission and at the conclusion of the jockey's participation in racing, it must be returned to the jockey, properly endorsed by the commission, stating that the jockey has not incurred any penalty or had a fall. If a penalty has been assessed against the jockey, the appropriate racing official shall notify the racing authority issuing the original license to extend the penalty for the same period of time.
b. Apprentice jockeys. (1) A contract with a horse owner to provide apprentice jockey services, or an apprentice certificate from the stewards must be presented to the commission to be licensed.(2) The conditions in subdivision a of subsection 1 with regard to jockeys also apply to apprentice jockeys.2.Jockeys' fees.a. Track management shall have the authority to set the jockey mount fee.b. Schedule. The minimum fee to jockeys must be in all races as follows: Purse | Win | 2nd | 3rd | Unplaced |
$400 and under | $27 | $19 | $17 | $16 |
$500 | 30 | 20 | 17 | 16 |
$600 | 36 | 22 | 17 | 16 |
$700 - | $900 | 10% | 25 | 22 | 20 |
$1,000 - | $1,400 | 10% | 30 | 25 | 22 |
$1,500 - | $1,900 | 10% | 35 | 30 | 28 |
$2,000 - | $3,400 | 10% | 45 | 35 | 33 |
$3,500 - | $4,900 | 10% | 55 | 45 | 35 |
$5,000 - | $9,900 | 10% | 65 | 50 | 40 |
$10,000 - | $14,900 | 10% | 5% | 5% | 45 |
$15,000 - | $24,900 | 10% | 5% | 5% | 50 |
$25,000 - | $49,900 | 10% | 5% | 5% | 60 |
$50,000 - | $99,900 | 10% | 5% | 5% | 75 |
$100,000 and up | 10% | 5% | 5% | 100 |
c. Entitlement. Any apprentice or contract jockey is entitled to the regular jockey fees, except when riding a horse owned in part or solely by such jockey's contractholder An interest in the winnings only (such as trainer's percent) does not constitute ownership.d. Fee earned. A jockey's fee must be considered earned when the jockey is weighed out by the clerk of scales. The fee may not be considered earned if the jockey, of the jockey's own free will, takes himself or herself off of the jockey's mount, where injury to the horse or rider is not involved. Any conditions or considerations not covered by the above ruling must be at the discretion of the stewards.e. Multiple engagements. If any owner or trainer engages two or more jockeys for the same race, the owner or trainer is required to pay each of the jockeys whether the jockey rides in the race or not.f. Dead heats. Jockeys finishing a race in a dead heat shall divide equally the totals they individually would have received had one jockey won the race alone. The owners of the horses finishing in the dead heat shall pay equal shares of the jockey fees.3.Apprentice subject to jockey rules. Unless excepted under these rules, apprentice jockeys are subject to all commission rules governing the conduct of jockeys and racing.4.Apprentice allowances.a. An apprentice jockey shall ride with a five-pound [2.27-kilogram] weight allowance beginning with the apprentice jockey's first mount and for one full year from the date of the apprentice jockey's fifth winning mount.b. If after riding one full year from the date of the apprentice jockey's fifth winning mount, the apprentice jockey has failed to ride a total of forty winners from the date of the apprentice jockey's first winning mount, the apprentice jockey shall continue to ride with a five-pound [2.27-kilogram] weight allowance for one more year from the date of the apprentice jockey's fifth winning mount or until the apprentice jockey has ridden a total of forty winners, whichever comes first.c. If an apprentice jockey is unable to ride for a period of fourteen consecutive days or more after the date of the apprentice jockey's fifth winning mount because of service in the armed forces of the United States of America, or because of physical disablement, the commission may extend the time during which such apprentice weight allowance may be claimed for a period not to exceed the period such apprentice jockey was unable to ride.5.Conduct.a. Clothing and appearance. A jockey shall wear the standard colors for the post position of the horse the jockey is riding, except as otherwise ordered or permitted by the commission or stewards, and shall also wear the number of the saddlecloth corresponding to the number given in the racing program. A jockey shall maintain a neat and clean appearance while engaged in the jockey's duties on association premises and shall wear a clean jockey costume, cap, helmet (as approved by commission), a jacket, breeches, and top boots.b. Competing against contractor. No jockey may ride in any race against a starting horse belonging to the jockey's contract employer unless the jockey's mount and the contract employer's horse are both trained by the same trainer.c. Competing against spouse. No jockey may compete in any race against any horse which is owned or trained by the jockey's spouse.d. Confined to jockey room. A jockey who is engaged to ride a race shall report to the scaleroom on the day of the race at the time designated by association officials. The jockey shall then report the jockey's engagements and any overweight to the clerk of scales.e. Jockey betting. A jockey may only be allowed to wager on a race in which the jockey is riding if: (1) The jockey's owner or trainer makes the wager for the jockey; and(2) The jockey only wagers on his or her own mount to win or in combination with other horses in multiple bets.f. Whip prohibited. No jockey may use a whip on a two-year-old horse before April first of each year.g. Spurs prohibited. No jockey may use spurs.h. Possessing drugs or devices. No jockey may have in the jockey's care, control, or custody any drugs or prohibited substances or any electrical or mechanical device that could affect a horse's racing performance.6.Jockey effort. A jockey shall exert every effort to ride the jockey's horse to the finish in the best and fastest run of which the horse is capable. No jockey may ease up or coast to a finish, without adequate cause, as determined by the stewards, even if the horse has no apparent chance to win prize money.7.Duty to fulfill engagements. Every jockey shall fulfill such jockey's duly scheduled riding engagements, unless excused by the stewards. No jockey may be forced to ride a horse the jockey believes to be unsound, nor over a racing strip the jockey believes to be unsafe, but if the stewards find a jockey's refusal to fulfill a riding engagement is based on personal belief unwarranted by the facts and circumstances, such jockey may be subject to disciplinary action. The jockey is responsible to the jockey's agent for any engagements previously secured by said agent.8.Riding interference.a. Interference. When the way is clear in a race, a horse may be ridden to any part of the course, but may not weave nor cross in front of other contenders so as to interfere with their course or threaten their safety.b. Jostling. No jockey may jostle another horse or jockey. No jockey may strike another horse or jockey or ride so carelessly as to cause injury or possible injury to another horse in the race.c. Partial fault - Third party interference. If a horse or jockey interferes with or jostles another horse, the aggressor may be disqualified, unless the interfered or jostled horse or jockey was partly at fault or the infraction was wholly caused by the fault of some other horse or jockey.9.Jockey weighed out.a. A jockey must wear a safety vest when riding in any official race. A safety vest shall weigh no more than two pounds [.91 kilogram] and be designed to provide shock-absorbing protection to the upper body of at least a rating of five as defined by the British equestrian trade association.b. Each jockey must be weighed for his or her assigned horse not more than thirty minutes before the time fixed for the race. Any jockey weighing more than four pounds [1.81 kilograms] over the highest weight stated in the published conditions may be weighed only once prior to the first scheduled race.c. A jockey's weight must include his or her clothing, saddle, girth, pad, and saddle cloth.d. A jockey's weight does not include the number cloth, whip, head number, bridle, bit or reins, blinkers, helmet, tongue strap, tongue tie, muzzle, hood, noseband, shadow roll, martingale, breast plate, bandages, boots, and racing plates or shoes.e. If a jockey weighs less than the required condition weight, the clerk of scales shall require the jockey to add extra weight until they meet the minimum weight.10.Overweight limited. No jockey may weigh more than two pounds [.91 kilogram] over the weight the jockey's horse is assigned to carry unless with consent of the owner or trainer and unless the jockey has declared the amount of overweight to the clerk of the scales at least forty-five minutes before the start of the race. All weights over published conditions must be announced to the public.11.Weigh in - Unsaddling. Upon completion of a race, each jockey shall ride promptly to the winners circle and dismount. The jockey shall then present himself or herself to the clerk of scales to be weighed in. If a jockey is prevented from riding his or her mount to the winner's circle because of accident or illness either to the jockey or to the jockey's horse, the jockey may walk or be carried to the scales unless excused by the stewards.a. Unsaddling. Each jockey upon completion of a race shall return to the winner's circle and shall unsaddle his or her horse, unless excused by the stewards.b. Removing horse's equipment. No person except the valet-attendant for each mount is permitted to assist the jockey in removing the horse's equipment that is included in the jockey's weight, unless the stewards permit otherwise. To weigh in, each jockey shall carry to the scales all pieces of equipment with which the jockey weighed out. Thereafter, the jockey may hand the equipment to the valet-attendant.c. Underweight. When any horse places first, second, or third in a race, or is coupled in any form of multiple exotic wagering, and thereafter the horse's jockey is weighed in short by more than two pounds [.91 kilogram] of the weight of which the jockey was weighed out, the jockey's mount may be disqualified and all purse moneys forfeited.d. Overweight. No jockey may be weighed in more than two pounds [.91 kilogram] over the jockey's declared weight, but consideration must be given for excess weight caused by rain or mud. If the jockey is overweight, the jockey's mount may be disqualified and all purse moneys forfeited.12.Contracts.a. Jockey contracts. A jockey may contract with an owner or trainer to furnish jockey services whenever the owner shall require, and in that event a jockey may not ride or agree to ride in any race for any other person without the consent of the owner or trainer to whom the jockey is under contract.b. Apprentice contracts and transfers.(1) Owners or trainers and apprentices who are parties to contracts for apprentice jockey services shall file a copy of the contract with the commission, upon forms approved by the commission, and shall, upon any transfer, assignment, or amendment of the contract, immediately furnish a copy thereof to the commission.(2) No apprentice jockey may ride for a licensed owner or agent unless with the consent of the apprentice's contract employer.c. Contract condition. No person other than an owner, trainer, jockey agent, or authorized agent of an owner in good standing may make engagements for an apprentice jockey or jockey. However, a jockey not represented by an agent may make his or her own engagements.13.Jockey fines and forfeitures. A jockey shall pay any fine or forfeiture from the jockey's own funds within forty-eight hours of the imposition of the fine or forfeiture. No other person may pay jockey fines or forfeitures for the jockey.14.Competing claims. Whenever two or more licensees claim the services of one jockey for a race, first call shall have priority and any dispute must be resolved by the stewards.15.Jockey suspension.a. Offenses involving fraud. Suspension of a licensee for an offense involving fraud or deception of the public or another participant in racing shall begin immediately after the ruling unless otherwise ordered by the stewards or commission.b. Offenses not involving fraud. Suspension for an offense not involving fraud or deception of the public or another participant in racing shall begin on the third day after the ruling.c. Withdrawal of appeal. Withdrawal by the appellant of a notice of appeal filed with the commission whenever imposition of the disciplinary action has been stayed or enjoined pending a final decision by the commission must be deemed a frivolous appeal and referred to the commission for further disciplinary action in the event the appellant fails to show good cause to the stewards why such withdrawal should not be deemed frivolous.16.Association valet-attendant. No jockey may have a valet-attendant except one provided and paid for by the association.17.Jockey agent.a. No jockey may have more than one agent.b. All engagements to ride other than those for the jockey's contract employer must be made by the agent.c. No revocation of a jockey's agent authority is effective until the jockey notifies the stewards in writing of the revocation of the agent's authority.N.D. Admin Code 69.5-01-05-29
Effective July 1, 1989; amended effective January 1, 2008.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.Amended by Administrative Rules Supplement 2022-386, October 2022, effective 10/1/2022.General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10