810 KAR 1:014. Weights.

 

      RELATES TO: KRS 230.215, 230.260

      STATUTORY AUTHORITY: KRS 230.215, 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 in the Commonwealth. This administrative regulation provides the requirements for assigning weights to a horse in a race.

 

      Section 1. (1) Weight penalties shall be obligatory. Weight allowance shall be claimed at time of entry and shall not be waived after the posting of entries, except by consent of the stewards.

      (2) A horse shall start with only the allowance of weight to which it is entitled at the time of starting, regardless of its allowance at time of entry.

      (3) A horse incurring a weight penalty for a race shall not be entitled to any weight allowance for that race. A horse not entitled to the first weight allowance in a race shall not be entitled to any subsequent allowance specified in the conditions.

      (4) Claim of weight allowance to which a horse is not entitled shall not disqualify the horse, unless protest is made in writing and lodged with the stewards at least one (1) hour before post time.

      (5) A horse shall not incur a weight penalty or be barred from any race for having been placed second or lower in any race. A horse shall not be given a weight allowance for failure to finish second or lower in any race.

      (6)(a) Except as provided in paragraph (b) of this subsection, a horse shall not receive allowance of weight and shall not be relieved of extra weight for having been beaten in one (1) or more races.

      (b) A horse may receive maiden allowances or allowances if it has not won a race within a specified period or a race of a specified value.

      (7) Penalties incurred and allowances due in steeplechase or hurdle races shall not apply to races on the flat, and vice versa.

      (8) In determining eligibility, allowances, and penalties, the reports, records, and statistics as published in the Daily Racing Form and the monthly chart books, or corresponding official publications of any foreign country, shall be considered official, except they may be corrected until forty-five (45) minutes prior to post time of the race.

      (9) Horses winning races at unrecognized meetings shall not be penalized for the winnings in races run thereafter under the jurisdiction of the commission. The maiden allowance, however, shall be lost by the winning of a race at any unrecognized meeting.

      (10) With the exception of apprentice allowances, handicap races, three (3) year old horses entered to run in races against horses four (4) years old and upwards, and the allowance provided in subsection (11) of this section, a jockey shall not be assigned a weight of less than 118 pounds. For three (3) year old horses entered to run in races against horses four (4) years old and upwards from January 1 through September 1, a jockey shall not be assigned a weight of less than 116 pounds.

      (11) Except in handicaps, fillies two (2) years old shall be allowed three (3) pounds, and fillies and mares three (3) years old and upwards shall be allowed five (5) pounds before September 1, and three (3) pounds thereafter in races where they are competing against horses of the opposite sex.

      (12) Jockeys shall be weighed out for their respective mounts by the clerk of scales not less than fifteen (15) minutes before post time.

      (13) A jockey's weight shall include his clothing, boots, saddle and its attachments, and any other equipment except as specified in this subsection. The following items shall not be included in a jockey's weight: riding crop, bridle, bit, reins, safety helmet, safety vest, blinkers, goggles, over-girth, breast collar, and number cloth. Upon approval of the stewards, a jockey may be allowed up to three (3) pounds additional clothing and equipment for inclement weather or track conditions.

      (14) Five (5) pounds shall be the limit of overweight any horse is permitted to carry.

      (15) Only valets furnished by the association shall assist a jockey in weighing out.

      (16) After a race has been run, the jockey shall ride promptly to the finish line, dismount, and present himself to the clerk of scales to be weighed in. He shall carry to the clerk of scales all pieces of equipment with which he weighed out. The post-race weighing of a jockey shall include any sweat, dirt, and mud that have accumulated on the jockey, jockey’s clothing, jockey’s safety helmet, jockey’s safety vest, and over-girth. This accounts for additional weight depending on specific equipment, as well as weather, track, and racing conditions.

      (17) Each jockey shall weigh in at no less than that at which he weighed out, and if short, the stewards shall investigate and if warranted take disciplinary action against the individual or individuals responsible for the violation. If warranted, the action shall include disqualification of the horse from receiving what would otherwise be its share of the purse.

      (18) If a jockey is prevented from riding his mount to the finish line because of an accident or illness either to himself or his mount, he may walk or be carried to the scales, or he may be excused by the stewards from weighing in.

      (19) A notice shall be included in the daily program that each jockey will carry approximately three (3) pounds more than the published weight to account for safety helmets and safety vests that is not included in required weighing out procedures. A notice shall also be published that, upon approval of the stewards, a jockey may be allowed up to three (3) pounds additional clothing and equipment for inclement weather or track conditions. (KSRC Ch. 14, 14.01 to.21; 1 Ky.R. 909; eff. 5-14-75; Am. 10 Ky.R. 680; eff. 12-2-83; 18 Ky.R. 2010; eff. 2-19-92; 21 Ky.R. 2287; eff. 4-21-95; TAm eff. 8-9-2007; 38 Ky.R. 153; 610; eff. 10-7-11; 38 Ky.R. 1394; 1573; eff. 4-6-12.)