††††† 810 KAR 1:009. Jockeys and apprentices.

 

††††† RELATES TO: KRS 230.215

††††† STATUTORY AUTHORITY: KRS 230.215(2), 230.260

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) authorizes the commission to promulgate administrative regulations prescribing conditions under which all horse racing is conducted. KRS 230.260 authorizes the commission to promulgate administrative regulations that regulate conditions under which thoroughbred racing shall be conducted in Kentucky and to establish safety standards for jockeys. This administrative regulation establishes the requirements for jockeys and apprentice jockeys.

 

††††† Section 1. Probationary Mounts. Any person desiring to participate in this state as a jockey, who has not ridden in a race previously, may ride in three (3) races before applying for a license as a jockey or apprentice jockey if:

††††† (1) The person is a licensed stable employee, assistant trainer, or trainer with at least one (1) year of service with a racing stable;

††††† (2) A licensed trainer certifies in writing to the stewards that the person has demonstrated sufficient horsemanship, as evidenced by his control of the animal while mounting, riding, and dismounting in race and nonrace conditions, to be permitted the probationary mounts;

††††† (3) The starter has schooled the person in breaking from the starting gate with other horses and approves the person as capable of starting a horse properly from the starting gate in a race;

††††† (4) The stewards determine that the person:

††††† (a) Intends to become a licensed jockey;

††††† (b) Possesses the physical ability to be a jockey; and

††††† (c) Has demonstrated his ability to ride in a race without jeopardizing the safety of horses or other jockeys in the race; and

††††† (5) The person has prior oral or written approval of the stewards.

 

††††† Section 2. Qualifications for License. In addition to the requirements applicable to licensees under 810 KAR 1:025, a holder of a license as a jockey or apprentice jockey:

††††† (1) Shall be sixteen (16) years of age or older and licensed under his legal name which shall be listed in the daily race program;

††††† (2) Shall have served at least one (1) year with a racing stable;

††††† (3) Shall have ridden in at least three (3) races; and

††††† (4) Shall, if required by the stewards, to protect the health and safety of the jockey, other jockeys, the horses, and the welfare of the betting public, provide a medical affidavit certifying the person is physically and mentally capable of performing the activities and duties of a licensed jockey.

 

††††† Section 3. Amateur or Provisional Jockey. (1) An amateur wishing to ride in races on even terms with professional riders, but without accepting fees or gratuities therefore, shall:

††††† (a) Be approved by the stewards as to competency of horsemanship, as demonstrated by meeting the requirements in Section 1(2), (3), and (4)(b) and (c) of this administrative regulation;

††††† (b) Be granted an amateur jockey's license; and

††††† (c) Have his amateur status duly noted on the daily race program.

††††† (2) A licensed owner or licensed trainer, upon approval by the stewards, may be issued a provisional jockey's license to ride his own horse or horse registered in his care as trainer.

 

††††† Section 4. Apprentice Allowance. (1) Any person sixteen (16) years of age or older, who has not been licensed previously as a jockey in any jurisdiction, and who is qualified under Section 2 of this administrative regulation, may claim in all purse races except handicaps the following weight allowances:

††††† (a) Ten (10) pounds until he has ridden five (5) winners;

††††† (b) Seven (7) pounds until he has ridden an additional thirty-five (35) winners;

††††† (c) If he has ridden a total of forty (40) winners prior to the end of one (1) year from the date of riding his fifth winner, he shall have an allowance of five (5) pounds until the end of that year; and

††††† (d) If after one (1) year from the date of the fifth winner, the apprentice jockey has not ridden forty (40) winners, the applicable weight allowance shall continue for one (1) additional year, or until the 40th winning mount, whichever occurs first.

††††† (2)(a) After the completion of conditions in subsection (1) of this section, a contracted apprentice may claim three (3) pounds for one (1) year if riding horses owned or trained by his original contract employer if his contract has not been transferred or sold since his first winner.

††††† (b) The original contract employer shall be the party to the contract who was the employer at the time of the apprentice jockey's first winner.

††††† (c) Apprentice allowance shall not be claimed for a period in excess of two (2) years from the date of the rider's fifth winner unless an extension has been granted in accordance with subsection (4) of this section.

††††† (3) An apprentice jockey may enter into a contract with a licensed owner or licensed trainer qualified under Section 5 of this administrative regulation for a period not to exceed five (5) years.

††††† (a) These contracts shall be:

††††† 1. Approved by the stewards;

††††† 2. Filed with the commission; and

††††† 3. Binding in all respects on the parties to the contract.

††††† (b) An apprentice who has not entered into a contract pursuant to this subsection shall be given an apprentice jockey certificate.

††††† (4) If an apprentice jockey is unable to ride for a period of seven (7) consecutive days or more because of service in the armed forces of the United States, physical disablement, attendance in an institution of secondary or higher education, restrictions on racing, or other valid reason, the commission, upon recommendation of the stewards and after consultation with the racing entity which approved the original apprentice contract, may extend the time during which the apprentice weight allowance may be claimed for a period no longer than the period the apprentice rider was unable to ride.

††††† (5) After completion of conditions in subsection (1) of this section, the rider shall be issued a license as a jockey before accepting subsequent mounts. Under these circumstances, the commission may waive collection of an additional license fee.

 

††††† Section 5. Rider Contracts. (1) All contracts between an employer owner or trainer and employee rider shall be subject to 810 KAR Chapter 1.

††††† (2) All riding contracts for terms longer than thirty (30) days, and any amendments, cancellation, or transfer, shall be in writing with the signatures of the parties notarized, and shall be approved by the stewards and filed with the commission.

††††† (3) The stewards shall approve a riding contract and permit parties to participate in racing in this state if the stewards find that:

††††† (a) The contract employer is a licensed owner or licensed trainer who owns or trains at least three (3) horses eligible to race when the contract is executed;

††††† (b) The contract employer possesses the character, ability, facilities, and financial responsibility conducive to developing a competent race rider; and

††††† (c) If it is a contract for an apprentice jockey, the contract provides for fair remuneration, adequate medical care, and an option equally available to both employer and apprentice jockey to cancel the contract after two (2) years from the date of execution.

 

††††† Section 6. Restrictions as to Contract Riders. A rider shall not:

††††† (1) Ride any horse not owned or trained by his contract employer in a race against a horse owned or trained by his contract employer;

††††† (2) Ride or agree to ride any horse in a race without consent of his contract employer;

††††† (3) Share any money earned from riding with his contract employer; and

††††† (4) Accept any present, money, or reward of any kind in connection with his riding of any race except through his contract employer.

 

††††† Section 7. Calls and Engagements. (1) Any rider not prohibited by prior contract may agree to give first or second call on his race-riding services to any licensed owner or trainer.

††††† (2) These agreements, if for terms of more than thirty (30) days, shall be in writing, approved by the stewards, and filed with the commission.

††††† (3) Any rider employed by a racing stable on a regular salaried basis shall not ride against the stable which employs him.

††††† (4) An owner or trainer shall not employ or engage a rider to prevent him from riding another horse.

 

††††† Section 8. Jockey Fee. (1) The fee to a jockey, in the absence of special agreement to the contrary, shall be as follows:

††††† (a) Purse up to $9,999: winning mount, ten (10) percent of win purse; second place mount, $70 or five (5) percent of place purse, whichever is greater; third place mount, $60; fourth place mount, $55; losing mount, $50;

††††† (b) Purse, $10,000 to $14,999: winning mount, ten (10) percent of win purse; second place mount, five (5) percent of place purse; third place mount, $65 or five (5) percent of show purse, whichever is greater; fourth place mount $60; losing mount, $55;

††††† (c) Purse, $15,000 to $24,999: winning mount, ten (10) percent of win purse; second place mount, five (5) percent of place purse; third place mount, five (5) percent of show purse; fourth place mount, $65; losing mount, $60;

††††† (d) Purse, $25,000 to $49,999: winning mount, ten (10) percent of win purse; second place mount, five (5) percent of place purse; third place mount, five (5) percent of show purse; fourth place mount, $75; losing mount, $70;

††††† (e) Purse, $50,000 to $99,999: winning mount, ten (10) percent of win purse; second place mount, five (5) percent of place purse; third place mount, five (5) percent of show purse; fourth place mount, $90; losing mount, $85; and

††††† (f) Purse, $100,000 and up: winning mount, ten (10) percent of win purse; second place mount, five (5) percent of place purse; third place mount, five (5) percent of show purse; fourth place mount, five (5) percent of fourth place purse; losing mount, $110.

††††† (2) A jockey fee shall be considered earned by a rider if he is weighed out by the clerk of scales, with the following exceptions:

††††† (a) If a rider does not weigh out and ride in a race for which he has been engaged because an owner or trainer engaged more than one (1) rider for the same race, the owner or trainer shall pay an appropriate fee to each rider engaged for the race;

††††† (b) If a rider capable of riding elects to take himself off the mount without, in the opinion of the stewards, reasonable cause; or

††††† (c) If a rider is replaced by the stewards with a substitute rider for a reason other than a physical injury suffered by the rider during the time between weighing out and start of the race.

 

††††† Section 9. Revised Order of Finish After Race is Declared Official. If a winning purse is forfeited through subsequent ruling of the stewards or the commission, after the result has originally been made official, the winning fee shall be paid to the jockey whose mount is ultimately adjudged the winner, and the original winner shall be credited only with a losing mount.

 

††††† Section 10. Duty to Fulfill Engagements. Every rider shall fulfill his duly scheduled riding engagements, unless excused by the stewards due to circumstances under which a jockey could not reasonably be expected to be physically present at the required time. A rider shall not be required to ride a horse he believes to be unsound, nor over a racing strip he believes to be unsafe, except if the stewards find a rider's refusal to fulfill a riding engagement is based on a personal belief unwarranted by the facts and circumstances, the rider may be subject to disciplinary action.

 

††††† Section 11. Presence in Jockey Room. (1) Each rider who has been engaged to ride in a race shall be physically present in the jockey room no later than one (1) hour prior to post time for the first race on the day he is scheduled to ride, unless excused by the stewards or the clerk of scales due to circumstances under which a jockey could not reasonably be expected to ride; and upon arrival shall report to the clerk of scales his engagements. If a rider fails for any reason to arrive in the jockey room no later than one (1) hour before post time of a race in which he is scheduled to ride, the clerk of scales shall so advise the stewards who may name a substitute rider and shall cause a public announcement to be made of the rider substitution prior to opening of wagering on the race.

††††† (2) Each rider reporting to the jockey room shall remain in the jockey room until he has fulfilled all his riding engagements for the day, except to ride in a race, or except to view the running of a race from a location approved by the stewards. While a rider is outside of the jockey room, a rider shall not have contact or communication with any person other than an owner or trainer for whom he is riding, a racing official, or a representative of the regular news media, until the rider has fulfilled all his riding engagements for the day.

††††† (3) The association shall be responsible for security of the jockey room to conduct specific business previously approved by the stewards so as to exclude all persons except riders scheduled to ride on the day's program, valets, authorized attendants, racing officials, duly accredited members of the news media, and persons having special permission of the stewards to enter the jockey room.

††††† (4) Any rider intending to discontinue riding at a race meeting prior to its conclusion shall notify the stewards of his intent to depart after fulfilling his final riding engagement of the day.

 

††††† Section 12. Weighing Out. (1) Each rider engaged to ride in a race shall report to the clerk of scales for weighing out not more than one (1) hour and not less than fifteen (15) minutes before post time for each race in which he is engaged to ride, and when weighing out, the rider shall declare overweight, if any.

††††† (2)(a) A rider shall not pass the scale with more than one (1) pound overweight, without consent of the owner or trainer of the horse he is engaged to ride; and

††††† (b) A rider shall not pass the scale with more than five (5) pounds overweight.

††††† (3) A horse shall not be disqualified because of overweight carried.

††††† (4) Riding crops, blinkers, number cloths, bridles, bits, reins, over-girth, breast collar, goggles, safety helmets, and safety vests shall not be included in a rider's weight.

 

††††† Section 13. Wagering. A rider shall not place a wager, cause a wager to be placed on his behalf, or accept any ticket or winnings from a wager on any race except on his own mount, and except through the owner or trainer of the horse he is riding. The owner or trainer placing wagers for his rider shall maintain a precise and complete record of all of these wagers, and the record shall be available for examination by the stewards at all times.

 

††††† Section 14. Attire. (1) Upon leaving the jockey room to ride in any race, each rider shall be neat and clean in appearance and wear the traditional jockey costume with all jacket buttons and catches fastened.

††††† (2) Each jockey shall wear:

††††† (a) The cap and jacket racing colors registered in the name of the owner of the horse he is to ride;

††††† (b) Stock tie;

††††† (c) White or light breeches;

††††† (d) Top boots;

††††† (e) A safety vest and safety helmet that meet the standards set forth in subsections (4) and (5) of this section; and

††††† (f) A number on his right shoulder corresponding to his mount's number as shown on the saddle cloth and daily racing program.

††††† (3) The clerk of scales and attending valet shall be held jointly responsible with a rider for his neat and clean appearance and proper attire.

††††† (4) A jockey mounted on a horse or stable pony at a location under the jurisdiction of the commission shall wear a properly secured safety helmet at all times. If requested by a commission official, the jockey shall provide sufficient evidence that his helmet has a tag, stamp, or similar identifying marker indicating that it meets one of the following safety standards:

††††† (a) ASTM International Standard, ASTM F1163-04a;

††††† (b) British Standards, BS EN 1384:1997 or PAS 015:1999; or

††††† (c) Australian/New Zealand Standard, AS/NZS 3838:2006.

††††† (5) A jockey mounted on a horse or stable pony at any location under the jurisdiction of the commission shall wear a safety vest at all times. If requested by a commission official, the jockey shall provide sufficient evidence that his safety vest has a tag, stamp, or similar identifying marker indicating that it meets or exceeds one (1) of the following safety standards:

††††† (a) British Equestrian Trade Association (BETA):2000 Level 1;

††††† (b) Euro Norm (EN) 13158:2000 Level 1;

††††† (c) ASTM International Standard, ASTM F2681-08;

††††† (d) Shoe and Allied Trade Research Association (SATRA) Jockey Vest Document M6 Issue 3; or

††††† (e) Australian Racing Board (ARB) Standard 1.1998.

 

††††† Section 15. Advertising. (1) A jockey shall not wear advertising or promotional material of any kind (whether for a nonprofit or for-profit entity) on clothing within one (1) hour before or after a race, unless:

††††† (a)1. The material advertises or promotes the Jockey's Guild in the form of the picture of a jockey's boot or the picture of a wheelchair, with no additional picture or logo;

††††† 2. The material advertises or promotes the Permanently Disabled Jockey's Fund in the form of the pictures of its logo, with no additional picture or logo; or

††††† 3. The picture or logo has previously been approved by the current owner, association, and the stewards under the process set forth in this administrative regulation, and this approval is reflected in the commissionís official records;

††††† (b) The material complies with the size restrictions of subsection (2)(b) of this section;

††††† (c) The material meets the advertising standards listed in subsection (2) of this section;

††††† (d) Written approval by the following is submitted to the commission:

††††† 1. The managing owner of the horse, or authorized agent of the managing owner who acts with actual authority and has been specifically authorized in writing to sign the written approval on behalf of the managing owner. Written authorization shall be evidenced by completion and return to the commission of the "Authorized Agent License Application" form. If the owner is a business entity, in lieu of filing the "Authorized Agent License Application" form, the owner may file duly adopted resolutions of the business entity authorizing the agent to act on its behalf and remit the twenty-five (25) dollar license application fee;

††††† 2. The jockey riding the horse or the authorized agent of the jockey who acts with actual authority and has been specifically authorized in writing to sign the written approval on behalf of the jockey. Written authorization shall be evidenced by completion and return to the commission of the "Authorized Agent License Application" form;

††††† 3. The licensed racing association, which shall grant approval if it reasonably determines the material meets the standards in subsection (2)(a) of this section; and

††††† 4. The stewards, who shall grant approval if they reasonably determine the material meets the standards in subsections (2)(b) and (3) of this section; and

††††† (e) Written approval required pursuant to subsection (1)(d) of this section is evidenced by completion and return to the commission of the "Request to Wear Advertising and Promotional Materials" form. The form shall be completed and submitted to the stewards not later than 5 p.m. two (2) days prior to the day of the race in which the advertising and promotional materials will be worn. Other forms of approval shall not be accepted by the commission.

††††† (2) Advertising or promotional material displayed on jockey clothing shall:

††††† (a) Not compete with, conflict with, or infringe upon sponsorship agreements applicable to the racing association race or to the race meet in progress; and

††††† (b) Comply with the following size restrictions:

††††† 1. A maximum of thirty-two (32) square inches on each thigh of the pants on the outer side between the hip and knee and ten (10) square inches on the rear of the pant at the waistline at the base of the spine;

††††† 2. A maximum of twenty-four (24) square inches on boots and leggings on the outside of each nearest the top of the boot; and

††††† 3. A maximum of six (6) square inches on the front center of the neck area (on a turtleneck or other undergarment).

††††† (3) A sponsorship shall not be permitted by a person or entity whose message, business reputation, or ongoing business activity may be considered as obscene or indecent to a reasonable person.

††††† (4)(a) The party presenting the advertising or promotional opportunity to the owner and jockey (including without limitation, the owner and jockey) shall disclose in writing all material terms, including financial, regarding the advertising or promotional opportunity to the owner and the jockey;

††††† (b) The division of proceeds from any advertising or promotional material placed in accordance with this administrative regulation shall be subject to agreement between the owner and the jockey;

††††† (c) The agreement between the owner and jockey shall be made in writing on the "Owner/Jockey Advertising and Promotional Materials Agreement" not later than 5 p.m. two (2) days prior to the day of the race in which the advertising and promotional materials will be worn;

††††† (d) Other forms of agreement or contract shall not be used; and

††††† (e) Any party who fails to comply with this or any other provision provided in this administrative regulation may be subject to penalties by the commission in accordance with KRS Chapter 230 and 810 KAR Chapter 1.

††††† (5) As a condition for approval of advertising or promotional material, either the owners, the stewards, or the licensed racing association may require a personal viewing of the proposed material as it is to be displayed, to determine that the requirements of this section are met.

††††† (6) The sponsor of a licensed racing association race or race meeting may display advertising or promotional material on an association saddlecloth if it does not interfere with the clear visibility of the number of the horse.

††††† (7) Advertising content other than that approved in this administrative regulation shall not be permitted.

††††† (8) This administrative regulation shall not infringe upon or limit the common law rights of a racing association to eject or exclude persons, licensed or unlicensed, from association grounds, or to apply the associationís internal rules regarding other forms of advertising not addressed in this or any other applicable statute or administrative regulation, if the internal rules have been previously filed with and approved by the commission or its authorized representative.

 

††††† Section 16. Viewing Films or Tapes of Races. (1) Every rider shall check the film list posted by the stewards in the jockey room the day after riding in a race.

††††† (2) The posting of the film list shall be considered as notice to all riders whose names are listed to present themselves when designated by the stewards to view the patrol films or video tapes of races.

††††† (3) Any rider may be accompanied by a representative of the jockey organization of which he is a member in viewing the films, or with the stewards' permission, be represented at the viewing by his designated representative.

 

††††† Section 17. Material Incorporated by Reference. (1) The following material is incorporated by reference:

††††† (a) "Request to Wear Advertising and Promotional Material", KHRC 009-01, 10/10;

††††† (b) "Authorized Agent License Application", KHRC 009-02, 5/10; and

††††† (c) "Owner/Jockey Advertising and Promotional Materials Agreement", KHRC 009-03, 5/10.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Horse Racing Commission, 4063 Iron Works Parkway, Building B, Lexington, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.

††††† (3) This material may also be obtained from the Kentucky Horse Racing Commission Web site at http:\\www.khrc.ky.gov/.(KSRC Ch. 9, 9.01 to 14; 1 Ky.R. 902; eff. 5-14-1975; Am. 10 Ky.R. 669; eff. 12-2-1983; 11 Ky.R. 452; eff. 11-13-1984; 18 Ky.R. 1999; eff. 2-19-1992; 19 Ky.R. 2499; 20 Ky.R. 81; eff. 7-9-1993; 21 Ky.R. 2284; eff. 4-21-1995; 24 Ky.R. 2447; eff. 10-12-1998; 27 Ky.R. 1600; 2459; eff. 3-19-2001; 28 Ky.R. 473; 872; eff. 10-12-2001; 31 Ky.R. 1972; eff. 7-1-2005; 33 Ky.R. 245; 810; 1080; eff. 11-3-2006; 35 Ky.R. 2573; 36 Ky.R. 68; eff. 7-31-2009; 37 Ky.R. 169; 1202; 1646; eff. 2-4-2011; 38 Ky.R. 146; 605; eff. 10-7-11.)