810 KAR 1:016. Running of the race.


      RELATES TO: KRS 230.215(2), 230.260(3)

      STATUTORY AUTHORITY: KRS 230.260(3), EO 2008-668

      NECESSITY, FUNCTION, AND CONFORMITY: KRS. 230.260(3) grants the Kentucky Horse Racing Authority the authority to prescribe necessary and reasonable administrative regulations and conditions under which horse racing at a horse race meeting shall be conducted in Kentucky. EO 2008-668, effective July 3, 2008, established the Kentucky Horse Racing Commission and transferred all authority, function, and responsibilities of the Kentucky Horse Racing Authority to the Commission. This administrative regulation sets forth the standards and requirements governing the running of a horse race.


      Section 1. Post Time. Post time for the first race on each racing day shall be approved by the commission. Post time for subsequent races on the same program shall be fixed by the pari-mutuels manager. At tracks where night racing is conducted, a race shall not be started after 11:55 p.m.


      Section 2. Horses in Paddock Not to be Touched. A person shall not touch a horse while in the paddock except for its licensed owner, its licensed trainer, authorized stable personnel, the paddock judge, the horse identifier, its assigned valet, a steward, a farrier, or an outrider.


      Section 3. Trainer Responsibility. The trainer shall be responsible for arrival in the paddock, at the time prescribed by the paddock judge, of each horse entered by the trainer and shall supervise the saddling of the horse. If a trainer is to be absent from a track where his horses are participating in races, he shall provide his own assistant trainer or licensed trainer to substitute for him during his absence.


      Section 4. Withdrawal of a Horse. A horse whose starting is obligatory shall run the course, except that the stewards may order the withdrawal of a horse at any time up to the actual start of a race.


      Section 5. Walkover. If at the time for saddling, only one (1) horse or horses owned by only one (1) stable will be weighed out, the horse or horses of single ownership shall be ridden past the stewards' stand, go to the post and then move over the course before determination of the winner.


      Section 6. Parade to the Post; Time. All horses shall parade and carry their declared weight from the paddock to the starting post. The parade shall pass the stewards' stand. After passing the stewards' stand once, horses may break formation and canter, warm up, or go as they please to the post. The parade to the post shall not exceed twelve (12) minutes from the time the field enters upon the track, except in cases of unavoidable delay. If a jockey is thrown on the way to the post, the jockey shall remount at the point at which thrown. If the jockey is so injured as to require a substitute jockey to be named for the horse by the stewards, the horse shall be returned to the paddock where the horse shall be remounted by a substitute jockey.


      Section 7. Lead Pony. If, by permission of the paddock judge, a horse is led to the post by a pony, the horse may be excused from parading with the other horses. The horse shall en route to the post, pass the stewards' stand. Lead ponies may be excluded from the saddling enclosure or walking ring, at the discretion of the stewards and paddock judge.


      Section 8. Control of Horses and Jockeys by Starter. The horses and jockeys shall be under the control of the starter from the moment they enter the track until the race is started. If an injury occurs to any jockey or his equipment malfunctions, the starter may grant a delay to permit the substitution of a jockey or repair of equipment. During the delay, the starter may permit any jockey to dismount. If a horse breaks through the gate or unseats its jockey after any of the field is loaded in the starting gate, and the horse is not immediately taken in hand by the outrider and brought back for reloading, the starter shall unload the horses in the gate. The starter shall reload the horses in their proper order when the runaway horse is brought back to position for reloading. All causes of delay shall be reported by the starter to the stewards. A person other than the jockey, starter, or assistant starter shall not strike a horse or attempt, by shouting or other means, to assist the horse in getting a start.


      Section 9. Starting Gate to be Used. A starting gate approved by the authority shall be used in starting all races on the flat except if permitted by the stewards. If a race is started without a starting gate, there shall not be a start until, and not be a recall after, the assistant starter has dropped his flag in answer to the starter.


      Section 10. Horses Left at Post. (1) If a door at the front of the starting gate fails to open properly and timely when the starter dispatches the field, or if a horse inadvertently has not been loaded in his scheduled position in the starting gate when the field is dispatched, thereby causing the horse to be left at the post, the starter shall immediately report the circumstance to the stewards who shall immediately post the "inquiry" sign on the infield results board and advise the public to hold all mutuel tickets. After consulting with the starter and viewing the patrol films or video tapes, the stewards then shall determine whether the horse was precluded from obtaining a fair start.

      (2) If the stewards find the horse was precluded from obtaining a fair start, the stewards shall rule the horse a nonstarter and shall order money wagered on the horse deducted from the pari-mutuel pool and refunded to holders of pari-mutuel tickets on the horse, unless the horse ruled a nonstarter is part of a mutuel entry and another horse in the entry is not left at the post, in which case there shall not be a pari-mutuel refund.

      (3) Stakes fees for the ruled nonstarter shall be refunded to the owner.

      (4) The starter may, in his discretion, place an unruly or fractious horse on the outside of the starting gate and one (1) length behind the starting line. If the horse so stationed outside the starting gate by the starter dwells or refuses to break with the field and is thereby left at the post, there shall not be a refund of pari-mutuel wagers on the horse nor refund of stakes fees paid for the horse.


      Section 11. Horses Failing to Finish. Any horse which starts in a race but does not cross the finish line, or which is not ridden across the finish line by the jockey with whom it starts the race, shall be declared unplaced. Any portion of the purse that would normally accrue to the horse shall revert to the association.


      Section 12. Fouls. A leading horse if clear is entitled to any part of the track. If a leading horse or any other horse in a race swerves or is ridden to either side so as to interfere with, intimidate, or impede any other horse or jockey, or to cause the same result, this action shall be deemed a foul. If a jockey strikes another horse or jockey, it is a foul. If in the opinion of the stewards a foul alters the finish of a race, an offending horse may be disqualified by the stewards.


      Section 13. Stewards to Determine Foul Riding. A jockey shall make his best effort to control and guide his mount in such a way as not to cause a foul. The stewards shall take cognizance of riding which results in a foul, irrespective of whether an objection is lodged. If in the opinion of the stewards a foul is committed as a result of a jockey not making his best effort to control and guide his mount to avoid a foul, whether intentionally or through carelessness or incompetence, the jockey may be penalized at the discretion of the stewards.


      Section 14. Horses to be Ridden Out. Every horse in every race shall be ridden so as to win or finish as near as possible to first and demonstrate the best and fastest performance of which it is capable at the time. A horse shall not be eased up without adequate cause, even if it has no apparent chance to earn a portion of the purse money. A jockey who unnecessarily causes a horse to shorten stride may be penalized at the discretion of the stewards. Stewards shall take cognizance of any marked reversal of form of a horse and shall conduct inquiries of the licensed owner, licensed trainer, and all other persons connected with the horse. If the stewards find that the horse was deliberately restrained or impeded in any way or by any means so as not to win or finish as near as possible to first, any person found to have contributed to that circumstance may be penalized at the discretion of the stewards.


      Section 15. Use of Riding Crops. (1) Although the use of a riding crop is not required, a jockey who uses a riding crop during a race shall do so only in a manner consistent with exerting his or her best efforts to win.

      (2) In any race in which a jockey will ride without a riding crop, an announcement of that fact shall be made over the public address system.

      (3) An electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than a riding crop approved by the stewards, pursuant to 810 KAR 1:012 shall not be possessed by anyone, or applied by anyone to a horse at any time, on the grounds of the association during a race meeting, whether during a race or otherwise.

      (4) A riding crop shall not be used on a two (2) year-old horse in races before April 1 of each year.

      (5) A riding crop shall only be used for safety, correction and encouragement.

      (6) A rider who uses a riding crop shall:

      (a) Show the horse the riding crop and give the horse time to respond before striking the horse;

      (b) Having used the riding crop, give the horse a chance to respond before using it again; and

      (c) Use the riding crop in rhythm with the horse’s stride.

      (7) A riding crop shall not be used to strike a horse:

      (a) On the head, flanks or on any other part of its body other than the shoulders or hind quarters except if necessary to control a horse;

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

      (c) Excessively or brutally;

      (d) Causing welts or breaks in the skin;

      (e) If the horse is clearly out of the race or has obtained its maximum placing; and

      (f) Persistently even though the horse is showing no response under the riding crop.

      (8) A riding crop shall not be used to strike another person.

      (9) After the race, a horse may be subject to inspection by a racing official or official veterinarian looking for cuts, welts or bruises in the skin. Any adverse findings shall be reported to the stewards.

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


      Section 16. Other Means of Altering Performance. An electrical or mechanical appliance, other than a riding crop, shall not be used to affect the speed of a horse in a race or workout. A sponge or other object shall not be used to interfere with the respiratory system of a horse. Use or nonuse of ordinary racing equipment shall be consistent and any change of equipment shall be approved by the stewards.


      Section 17. Official Order of Finish as to Pari-mutuel Payoff. When satisfied that the order of finish is correct and that the race has been properly run in accordance with the rules and administrative regulations of the commission, the stewards shall order that the official order of finish be confirmed and the official sign posted for the race. The decision of the stewards as to the official order of finish for pari-mutuel wagering purposes is final and no subsequent action shall set aside or alter the official order of finish for the purposes of pari-mutuel wagering. (KSRC Ch. 16, 16.01 to.16; 1 Ky.R. 910; eff. 5-14-75; Am. 10 Ky.R. 681; eff. 12-2-83; 18 Ky.R. 2013; eff. 2-19-92; 21 Ky.R. 2288; eff. 4-21-95; 24 Ky.R. 2452; 25 Ky.R. 855; eff. 10-12-98; TAm eff. 8-9-2007; 35 Ky.R. 2163; 2438; eff. 6-5-09.)