Britain’s New Whip Rules To Take Effect In Early 2023

British racing's revised rules and penalties regarding the use of the padded whip will be implemented in full in Jump racing from Feb. 6, 2023. This follows approval by the British Horseracing Authority (BHA) Board Monday for the final package of rules, guidance, penalties and procedures.

The Feb. 6 date will follow a four-week 'bedding-in' period, commencing from Jan. 9, 2023, which allows jockeys time to adapt to the new rules. During this period jockeys will be asked to ride under the new rules but will not be subject to the new penalty framework.

In Flat racing the bedding-in period will begin from Feb. 27 with full implementation from March 27, which is the start of the week in which the Flat Turf season commences.

The different implementation date is to make allowance for the number of Flat jockeys who will be riding abroad during the winter months while the Jump bedding-in period is under way, while also allowing for the implementation process to be assessed prior to being rolled out on the Flat before the start of the turf season.

Implementation dates summarized:

  • Jump bedding-in: Jan. 9
  • Jump full implementation: Feb. 6
  • Flat bedding-in: Feb. 27
  • Flat full implementation: March 27

The revised whip rules and penalties were initially proposed by a Whip Consultation Steering Group consisting of experienced individuals from jockeys, trainers, to members of the racing industry, media, government and horse welfare sectors. Their proposals, initially published in the summer, were submitted to the BHA Board – and approved – following an extensive consultation process.

The core recommendations include:

  • Use of the whip for encouragement to be limited to the backhand position only
  • Threshold for acceptable use of the whip to remain at seven in a Flat race and eight in a Jumps race
  • Development of a whip review committee which is responsible for evaluation of all rides and any necessary sanction or action, to increase consistency and drive ongoing improvement in riding standards
  • Increased penalties for offences, including doubled suspensions in major races
  • Disqualification introduced for offences in which the whip has been used four times or more above the permitted level in all races

These recommendations are part of a suite of 20 initiatives which cover how the whip is used, changes to regulation, enforcement and other issues such as a commitment to greater scientific and technological research and communication around the whip. They are designed to be considered as a full package of measures.

The 20 changes are designed to develop a more considered and judicious use of the whip for encouragement, improving the style and perception of whip use, with a greater focus on education and improving standards of use. They will also support more consistent stewarding, and introduce a penalty framework which acts as an effective deterrent against misuse.

Since the publication of the Steering Group's proposals the BHA has led an extensive period of technical discussions with those most affected by the new rules, including jockeys, broadcasters and the betting industry, to discuss any logistical and technical considerations arising from the proposals.

Throughout the technical discussion phase, it was quickly established that most stakeholders were supportive of the vast majority of the 20 recommendations. However, as a result of these discussions, an adjustment has been made to one recommendation, and a clarification has been provided to one rule, to support the implementation. They include:

  1. Flat riders permitted to use Jump version of the whip: In response to concerns raised by some jockeys regarding the use of the whip in the backhand-only and the risk of landing in the incorrect place, it has been clarified that riders in flat races will be permitted, should they wish, to use the jump version of the whip, which has a longer padded section.
  2. Disqualification decisions: To address concerns raised by betting operators (in particular the World Pool) and some international jurisdictions regarding the impact of potential disqualification of runners on raceday for betting purposes, any potential decisions regarding disqualification of runners for an egregious offence will now be made by the whip review committee, away from the raceday, and will therefore not affect the outcome of a race for betting purposes.

It is anticipated that the review committee will meet once a week to consider sanctions from all races, most likely on a Tuesday.

This approach mirrors the policy which has been in place in the USA since 1 July 2022, whereby a disqualification provision has been introduced for serious whip offences, however in implementing this the result past the post is not affected for betting purposes.

In addition, the detailed guidance which underpins the whip rules has been developed with the feedback from the period of technical discussions in mind. This includes the definitions applied to some of the technical aspects of the rules, and the processes that will be used by the new whip review committee.

Full details of the rules, guidance, penalties and procedures can be found here:

A period of communication and education will now take place prior to the full implementation of the new rules, which includes a mandatory online module to inform all jockeys of their obligations under the new framework. This must be completed by all riders (both domestic and international) prior to their first ride in Britain after Feb. 6 over Jumps or March 27 on the Flat, and will be complemented by enhanced access to jockey coaches for those who need further support in adjusting to the transition.

Brant Dunshea, Chief Regulatory Officer for the BHA, said:

“We are extremely grateful for the engagement and feedback we have received through the period of technical discussions. The discussions were full and frank, hence the time they have taken to conclude.

“The discussions quickly established that there was overall support for the vast majority of the recommendations. However, as expected there were some areas of concern raised. We have listened to the feedback we received and made adjustments to the initial proposals accordingly.

“We recognize that some of the new rules are going to take some time to get used to for some jockeys, which is why we have factored in time for communication and education as well as a bedding-in period before the rules and penalties are implemented in full.”

David Jones, BHA Board member and Chair of the Whip Consultation Steering Group, said:

“While the initial proposals were made following an extensive consultation process, it was important that further, detailed discussions take place with those most affected by the proposals.

“I am pleased, therefore, that sensible adjustments have been made where necessary, while the overall package of measures has been approved and will now go forward to implementation.

“This whole process, from start to finish, has always been about listening to the views of all our audiences and making decisions which best preserve the perception of our sport and the welfare of our horses, while also recognizing the role that the padded whip plays in safe and fair race riding.”

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Impact Of HISA Key Topic At Meeting Of National Council Of Legislators From Gaming States

The current impact of the Horseracing Integrity and Safety Authority (HISA), which was officially launched on July 1, 2022, will be discussed by an expert panel when National Council of Legislators from Gaming States convenes its Winter Meeting, Dec. 8-11, at Resorts World Las Vegas.

Registration is open to the public; click here to view the agenda and registration and hotel options.

HISA's early impact on the racing industry and on the role of state racing commissions will be examined. Are states fully cooperating, or are some joining New York in providing moral support while retaining their own authority? The NCLGS Committee on Pari-Mutuel, chaired by Delegate Jason Barrett from West Virginia, will hear from the following experts:

  • Dave Basler, Executive Director, Ohio Horsemen Benevolent and Protective Association (HBPA), and Committee Chair, National HBPA Model Rules and Medication Committee
  • Steve Geller, former Florida Senator, and NCLGS General Counsel
  • Joe Lucas, Chairman, Oklahoma Horse Racing Commission
  • Ed Martin, President and CEO, Association of Racing Commissioners International

The four-day Winter Meeting will include six NCLGS Committee presentations, two general session panels, morning and luncheon keynote addresses, International Masters of Gaming Law Masterclasses, 2023 igaming legislative preview, two evening networking receptions, and off-site tours.

As the only gaming conference that focuses on legislative decision-makers, the NCLGS Winter Meeting will attract dozens of lawmakers from across the country among the more than 300 expected attendees. Other attendees will include regulators, operators, suppliers, attorneys, lobbyists, media and other stakeholders interested in discussing all aspects of regulated gambling.

The Sports Betting Regulators Association, a project of the Association of Racing Commissioners International, will once again co-locate with NCLGS, meeting on Dec. 8.

For sponsorship information, contact jfaber@nclgs.org. Legislators and others seeking NCLGS membership information should contact Wayne Marlin at wayne.marlin@nclgs.org.

About NCLGS: The only organization of state lawmakers that meets on a regular basis to discuss issues relating to gaming. Members of NCLGS serve as chairpersons or members of state legislative committees responsible for the regulation of gaming in their state legislative houses. NCLGS does not promote or oppose gaming but is primarily concerned with the regulation and economic and social impacts of the industry. The NCLGS Foundation is the educational and research arm of NCLGS. The 501(c)(3) non-profit is a source of non-partisan data on issues of gaming legislation and regulation.  

NCLGS meetings are proudly produced and organized by Spectrum Gaming Group, which serves as NCLGS Executive Director. 

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Report: Michael Tannuzzo Gets 27-Month Prison Sentence For Role In Horse Doping

Michael Tannuzzo, a New York-based trainer who pleaded guilty in July to one count of drug adulteration and misbranding, on Monday was sentenced to 27 months in prison by U.S. District Court Judge Mary Kay Vyskocil, according to Matthew Russell Lee writing for Inner City Press, an online publication that covers activities at the Southern District of New York courthouse.

Prosecutors recommended a sentence on the lower end of the sentencing guidelines of 30 to 36 months imprisonment.

In a change of plea hearing, Tannuzzo admitted to connecting an unnamed trainer with co-defendant Ross Cohen for the purpose of helping the trainer procure a performance-enhancing drug. Tannuzzo denied ever doping his own horses, though prosecutors said in their letter to Judge Vyskocil that Tannuzzo sought illegal drugs and advice from convicted trainer Jorge Navarro on how to best use them.

In a hand-written letter to the judge, Tannuzzo apologized for his actions in the case, saying, “I should never have been involved with these people; I should have known better.”

Tannuzzo wrote that he began walking horses at the age of 15 and continued to work with them for the next 35 years.

“Horses saved me from taking the wrong path in life,” he wrote.

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‘Be Careful What You Wish For’: Potential Outcomes Following HISA Ruling Could Include Supreme Court Or Congressional Edits

Uncertainty has been abundant in horse racing over the weekend following Friday's Fifth Circuit U.S. Court of Appeals ruling that the Horseracing Integrity and Safety Authority is unconstitutional because HISA delegates government power to a private entity without sufficient federal agency supervision.

The Thoroughbred Daily News spoke with constitutional law expert Lucinda Finley, Frank Raichle Professor of Trial and Appellate Advocacy, and director of Appellate Advocacy at the University of Buffalo Law School, in an attempt to answer some of the most pressing questions.

According to Finley, the Fifth Circuit's decision is only legally binding in Louisiana, Texas, and Mississippi.

That said, the Fifth's ruling could influence the decision of the other 10 districts, including the Sixth, which is set to tackle a similar constitutional concern about HISA on Dec. 7. If the Sixth disagrees with the Fifth, the Supreme Court would be likely to hear the case to deliver one single national ruling.

However, Finley believes there is a strong chance that the Supreme Court would agree that HISA is unconstitutional.

“This current court has signaled that there are at least four, perhaps five, justices who would like to curtail the power of regulatory agencies, broadly,” said Finley. “This case could present a vehicle for them to do that, to cut back not only on the ability of agencies to use private bodies that have expertise to help them develop their rules, but potentially to cut back on the rule making authority of regulatory agencies, in general.

“There are all kinds of examples throughout our entire regulatory system where agencies rely on private expertise. If the Supreme Court takes the case, it would really be about much more than just HISA.”

Of course, one “fix” for HISA's legal issues would be for Congress to give the Federal Trade Commission “more authority to change, add to, delete, or reject the proposed rules that HISA develops.”

Were that to happen, Finley believes the FTC would be far less receptive to stakeholder concerns.

“So, be careful what you wish for,” said Finley.

Read more at the Thoroughbred Daily News.

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