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ARCI Strengthens Rule Restrictions On Crop Use

Jockeys will be prohibited from using the riding crop more than two consecutive times before being required to wait three full strides in order to give the horse a chance to respond under an expanded Model crop Rule adopted by the Association of Racing Commissioners International (ARCI) last week.

The modified rule tightens restrictions already in place but clearly says that any use of the crop to “urge” the horse must be limited. The new RCI Model Rule continues to rely upon the judgement of the Stewards as to when to impose sanctions, but is clear that using the crop more than two consecutive times or not waiting three full strides before reuse is to be regarded as a rule violation.

The RCI did not include an overall strike count in the actual rule but did approve corresponding guidelines to advise officials that use of the crop for more than six strikes during the race is something to be assessed.

“If our accredited Stewards cannot judge when a jock has crossed the line then perhaps they should not be in the stand,” said former jock and racing official Doug Moore who is Executive Director of the Washington State Racing Commission and Chair of the RCI Rider and Driver Safety Committee. “If the officials fail to exercise their responsibility in this matter then the feeling at the meeting was that the matter must be reviewed up top in assessing someone’s job performance and deciding whether to keep them on.”

“Several years ago we changed the riding crop requirements to rely upon poppers which provide an audible stimulation to the horse in addition to the visual one of showing the horse the crop,” said RCI Chairman Tom Sage. “As a result, it is extremely rare to find a horse with evidence of crop misuse coming in off the track. In helping to protect the horse we may have created an opposite impression with the public as they now hear the noise coming from the crops.”

RCI President Ed Martin noted that testimony from the Jockey Club as to public perception was taken to heart and the regulators found it compelling to help address that by defining clearly what the chance to respond should be.

“The image of someone wailing away on a horse coming down the stretch is not a good one for a sport struggling to assert a positive image. But controlled and limited use with three full strides to respond was something the regulators believed would help mitigate that,” he said.

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ARCI Strengthens Model Rule Restrictions On Crop Use, But Declines To Limit Strike Count

The RCI did not include an overall strike count in the actual rule but did approve corresponding guidelines to advise officials that use of the crop more than six strikes during the race is something to be assessed. The RCI Board did not want to remove the authority of the Stewards to exercise judgement based on the specific instances of the race but did want to provide guidance as to when to start questioning the possibility of overuse.

“If the officials fail to exercise their responsibility in this matter then the feeling at the meeting was that the matter must be reviewed up top in assessing someone's job performance and deciding whether to keep them on.”

“In helping to protect the horse we may have created an opposite impression with the public as they now hear the noise coming from the crops,” he said.

There was resistance to putting a hard strike limit in the Model Rule to emulate what Maryland and Delaware have enacted. Some jurisdictions felt that it would be deemed arbitrary and not withstand legal challenge in their states. Others questioned the “magic” of the number 6, asking why not 5 or 7 or 8? The collective wisdom was to use a strike limit as a guideline and leave the judgement in the hands of the officials as every case is individual, especially when you consider different track lengths.

There was universal agreement that any abuse of the horse in any way must be severely addressed. The RCI committees intend to develop progressive penalty guidelines in this area in the coming months to ensure that multiple violations are deterred across the system.

“We appreciate the input we have received on this issue from countless individuals and organizations like Breeders Cup, the Thoroughbred Safety Alliance, the Jockey Club, the AQHA, the Jockeys Guild and our regulatory veterinarians,” said RCI Chair Tom Sage.

“We believe we have found a balance that protects the horse, mitigates perception problems, and maintains the essence of a sport where every horse runs its best in every race,” he said.

FULL TEXT OF THE ARCI RIDING CROP MODEL RULE

Adopted 12/4/2020 – changes underlined.

(7). Use of Riding Crop

(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/her best efforts to obtain a maximum placing that affects purse distribution or wagering pools.

(b) In all races where a jockey will ride without a riding crop, an announcement of such fact shall be made over the public-address system.

(c) No electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than the riding crop approved by the stewards, 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 of each year.

(e) The riding crop shall only be used for safety, correction and limited encouragement, and be appropriate, proportionate, professional, taking into account the rules of racing herein. However, stimulus provided by the use of the riding crop shall be monitored so as not to compromise the welfare of the horse.

(f) Use of the riding crop varies with each particular horse and the circumstances of the race.

(g) Except for extreme safety reasons all riders should comply with the following when using a riding crop:

(A) Initially showing the horse the riding crop, and/or tapping the horse with the riding crop down, giving it time to respond before using it;

(B) The riding crop shall not be used more than twice in succession and the ~~Having used the riding crop, giving the~~ horse must be given a chance to respond before using it again;

i. “Chance to respond” is defined as at least three complete strides and one of the following actions by a jockey:

1. Pausing the use of the riding crop on their horse before resuming again; or

2. Pushing on their horse with a rein in each hand, keeping the riding crop in the up or down position; or

3. Showing the horse the riding crop without making contact; or

4. Moving the riding crop from one hand to the other.

(h) When deciding whether or not to review the jockey's use of the riding crop, stewards will consider how the jockey has used the riding crop during the course of the entire race, with particular attention to its use in the closing stages, and relevant factors such as:

(A) The manner in which the riding crop was used

(B) The purpose for which the riding crop was used

(C) The distance over which the riding crop was used and whether the number of times it was used was reasonable and necessary

(D) Whether the horse was continuing to respond.

(i) In the event there is a review by the Stewards, use of the riding crop may be deemed appropriate in the following circumstances:

(A) To keep a horse in contention or to maintain a challenging position prior to what would be considered the closing stages of a race,

(B) To maintain a horse's focus and concentration,

(D) To assure the horse maintains a straight course, or,

(E) Where there is only light contact with the horse.

(j) Prohibited use of the riding crop includes but are not limited to striking a horse:

(A) 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;

(B) During the post parade or after the finish of the race except when necessary to control the horse;

(D) When the horse is clearly out of the race or has obtained its maximum placing;

(E) Persistently even though the horse is showing no response under the riding crop; or

(F) Striking another rider or horse.

(k) After the race, horses will be subject to inspection by a racing or official veterinarian looking for cuts, welts or bruises in the skin. Any adverse findings shall be reported to the Stewards.

(l) The giving of instructions by any licensee that if obeyed would lead to a violation of this rule may result in disciplinary action also being taken against the licensee who gave such instructions.

ARCI Riding Crop Guidelines for Stewards

In addition to the rule restricting crop use to two consecutive instances before giving a horse the opportunity to respond as defined as three full strides:

A jockey may use a riding crop in an underhand position on the hind quarters or shoulder without the wrist rising above the shoulder during a race prior to the final 1/4 mile of the race; or with both hands on the reins to tap the horse on the shoulder.
A jockey may use the crop as necessary to control the horse for the safety of the horse and rider.
A jockey who elects to use a riding crop for limited urging, except as permitted above, should not use the crop more than six times during the race.

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ARCI: Financial Impact, Implementation Details Should Be Known Before Passage Of HISA Bill

Expressing concerns about undefined cost mandates and implementation issues associated with S.4547, the proposed Horseracing Integrity and Safety Act of 2020, the Association of Racing Commissioners International (ARCI) believes Legislators should require more information about how the legislation will impact individual States before moving forward with the proposal.

“The RCI Board believes there are some very good things in this bill,” said Ed Martin, President of the ARCI. “But there is a huge financial unknown concerning the cost, especially how it will impact smaller and mid-sized racing entities and exactly how this is to be implemented.”

Martin said the ARCI is committed to a smooth transition once the proposal is enacted into law, noting that the legislation addresses issues long advocated by the association, specifically uniform rules and testing. “This legislation accomplishes that and also solves the funding issue that has been an annual headache for every racing commission,” he said.

The ARCI Board met this week and discussed the proposal at length. “There are many questions about how this will work and a general concern about how smaller and midsized racing venues will survive if required to pay additional regulatory expenses,” he said. A staff analysis of the legislation noted at least 35 racing venues in 19 US States that should be monitored to assess the extent to which they will be able to withstand additional financial mandates imposed by the legislation.

The RCI Board felt that there were too many unanswered questions to embrace the legislation at this time although directors from Kentucky spoke in favor, West Virginia against, and some other jurisdictions withheld comment pending direction from their full Commission.

Other than shifting medication rule making authority and in some jurisdictions the responsibility for operating and paying for the enforcement program, the State Racing Commissions are perhaps the entities least impacted by this legislation.

There is a concern that in an attempt to strengthen racing, this bill may reduce racing opportunities in some communities with a ripple effect on local economies, particularly in the agricultural sector.

“The RCI Board believes the sponsors and proponents of this bill should allay those fears by providing details about the anticipated costs associated with the new Authority and the Enforcement Agency as well as state specific operational costs should they assume the entire enforcement program now operated by the State,” Martin said.

Martin said that the statute, when implemented, will be similar in some ways to the system in place for RCI Members in Canada, except that investigations there and adjudications are handled by Provincial Racing Commissions with testing and screening limits handled by a federal agency uniformly.

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ARCI Analysis: HISA Bill ‘Fixes The Kitchen By Building A New House’

The Association of Racing Commissioners International has prepared an analysis of the newly proposed legislation, the “Horseracing Integrity and Safety Act,” by Kentucky Senator Mitch McConnell (R), so the group can prepare for a “smooth transition” should the measure be enacted. The ARCI has already released statements looking at the bill's effect on breeders, looking at control of medications in training, and looking at how the bill will affect state-level enforcement.

The new federal legislation being rushed through Congress will have a positive effect on the racing industry by mandating uniform and expanded anti-doping and medication policies, but it may have a devastating negative affect if the unknown costs force smaller and midsized racetracks, owners, trainers, and breeders out of business, according to an analysis prepared for the Association of Racing Commissioners International (ARCI).

“S.4547 is better than the previous proposal in some ways, but concerns still exist as to whether it actually goes far enough to protect and regulate the care given young horses,” RCI President Ed Martin said, noting that the ARCI has not taken a position on the McConnell bill and is unsure if it will given reports that it may be a “done deal”.

The purpose of the analysis is to highlight changes that need to be understood early in order for there to be a smooth transition, Martin said. “This is enormous and I am not sure everyone understands how this might play out, especially given the fact that costs have not been explained, only how they are to be collected.”

US State Racing Commissions spend upwards of $21 million each year on the drug testing program. The analysis raises the possibility that some State Budget Offices and Legislatures may opt to shift that money to other state needs by handing off their programs to newly formed Horseracing Integrity and Safety Authority (HISA), which can independently tax racetracks, breeders, owners, trainers and veterinarians for program costs.

Under this scenario there is a real risk that racing industry interests may end up paying twice as the prospects for an industry specific tax cut to prevent that in most states may prove elusive.

Thirty Five Racing Venues in 19 States Put on “Watch List”

The analysis puts over thirty five racing venues in nineteen US States on a “watch list” based on concerns about the overall economics of racing and their ability to absorb undefined new mandated costs anticipated to be imposed by enactment of S.4547.

An inability or failure to absorb additional costs of doing business may force hard decisions by the ownership of these entities which may impact the extent or continuation of racing activity. Racing commissions and policy makers are being urged to work with these entities to clearly understand the legislation's impact locally.

“The sponsors and proponents of this legislation need to release detailed cost estimates for various scenarios for individual states,” Martin said. “I am shocked that Members of Congress would actually pass this bill without knowing the impact locally.”

Impact on Investigations and Involvement of Federal entities

There is a widespread impression that the newly formed Horseracing Integrity and Safety Authority (HISA) will have new investigatory powers beyond those that currently exist for the State Racing Commissions. S.4547 does not grant any expanded authority to the new entity.

“The recent federal indictments like those before them were the result of multi-agency cooperation where the work of state racing commissions were built upon and expanded by the reach of a federal law enforcement agency using federal wiretaps or other tools reserved for law enforcement,” Martin said. This bill does not give HISA racing investigators law enforcement status.

The bill also fails to include a proposal made by the ARCI at hearings on the previous Horse Racing Integrity Act to create designated desks in key federal agencies – the Department of Justice, the Federal Bureau of Investigation, Drug Enforcement Agency, and the Food and Drug Administration – to assist racing investigators and work to facilitate the involvement of federal law enforcement or regulators in pursuing racing related cases.

Other Key Changes

The analysis underscores additional changes:

- Creation of a uniform point of equine regulation beginning with the first timed workout for each covered horse;
- The HISA would have broad authority to regulate and control the administration of all medications given a “Covered Horse”;
- Inclusion of Breeders as a source of regulatory fees to help pay for the new program;
- Apparent less transparency than exists under the current system as current Open Meetings, Public Records Access, State Ethics laws, and independent audit and investigation of the regulatory entity have not been addressed;
- Consistent testing thresholds for all laboratories;
- A shift of the testing laboratory accreditation program away from the Racing Medication and Testing Consortium to the HISA
- Language to limit the direct participation by the existing network of expertise currently relied upon by the State Regulators and racing industry at large.

Anyone interested in receiving a copy of the analysis should request one by emailing info@arci.com or using the Download Link Here.

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