811 KAR 1:065. Starting.


      RELATES TO: KRS 230.215, 230.260(1)

      STATUTORY AUTHORITY: KRS 230.215(2), 230.260(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260(3) authorize the Authority to promulgate administrative regulations prescribing the conditions under which horse racing shall be conducted in Kentucky. This administrative regulation establishes requirements for the starting of races.


      Section 1. With Starting Gate. (1) Starter's control. The starter shall have control of the horses from the formation of the parade until the word, "go", is given.

      (2) Scoring. Before or during the parade, the starter shall inform the drivers of the number of scores permitted. After one (1) or two (2) preliminary warming up scores, the starter shall notify the drivers to proceed to the starting gate.

      (3) A horse shall not be brought to the starting gate nearer than one eighth (1/8) of a mile before the start, if the length of the stretch permits.

      (4) On a mile track, a horse shall be brought to the starting gate at the head of the stretch.

      (5) The starting point shall be a point on the inside rail a distance of at least 200 feet from the first turn. The starter shall give the word "go" at the starting point.

      (6) When a speed has been reached in the course of a start there shall be no decrease except in the case of a recall.

      (7) Recall notice. If a recall is necessary, a light plainly visible to the driver shall be flashed and a recall sounded and, if possible, the starter shall leave the wings of the gate extended and gradually slow the speed of the gate to assist in stopping the field of horses. The starter may close the wings of the gate if an emergency situation arises.

      (8) There shall be no recall after the word, "go", has been given and any horse, regardless of position or accident, shall be considered a starter from the time the horse enters into the starter's control, unless dismissed by the starter or judges, pursuant to subsection (10) of this section.

      (9) Breaking horse. The starter shall endeavor to start all horses in position and on gait, but a recall shall not be sounded for a breaking horse.

      (10) Recall; reasons for. The starter may sound a recall only for the following reasons, if the starter believes the integrity of the race may be jeopardized:

      (a) A horse scores ahead of the gate;

      (b) There is interference;

      (c) A horse has broken equipment;

      (d) A horse falls before the word "go" is given;

      (e) There is a malfunction of the starting gate;

      (f) A horse comes to the gate out of position; or

      (g) A circumstance arises which will not allow a fair start, as determined by the starter.

      (11) A driver committing any of the following offenses shall be in violation of this administrative regulation:

      (a) Delaying the start;

      (b) Failing to obey the starter's instructions;

      (c) Rushing ahead of the inside or outside wing of the gate;

      (d) Coming to the starting gate out of position;

      (e) Crossing over before reaching the starting point;

      (f) Interfering with another driver during the start; or

      (g) Failing to come up into position.

      (12) Riding in gate. Unless granted permission by the presiding judge, a person other than the starter, the starter's driver or operator, and a patrol judge shall not be allowed to ride in the starting gate.

      (13) Loudspeaker. Use of a mechanical loudspeaker for any purpose other than to give instructions to drivers shall be prohibited. The volume shall not be higher than necessary to carry the voice of the starter to the drivers.


      Section 2. Holding Horses Before Start. A horse shall not be held on the backstretch for more than three (3) minutes awaiting post time, except if delayed by an emergency or by permission of the judges.


      Section 3. Two (2) Tiers. (1) If there are two (2) tiers of horses, the withdrawal of a horse that has drawn or earned a position in the front tier shall not affect the position of the horses that have drawn or earned positions in the second tier.

      (2)(a) If a horse is drawn from any tier, horses on the outside shall fill the vacancy.

      (b) If a horse has drawn a post position in the second tier, the driver of the horse may elect to score out behind any horse in the first tier, if the driver does not interfere with another trailing horse or deprive another trailing horse of a drawn position.


      Section 4. Starters. A horse shall be considered to have started when the word, "go", is given by the starter, and a horse shall be required to complete the course except in case of accident, broken equipment, or other circumstance in which, in the opinion of the judges, it is impossible or unsafe to complete the course.


      Section 5. Unmanageable Horse. (1) If, in the opinion of the judges or the starter, a horse is unmanageable or may cause accidents or injury to another horse or to any driver, it shall be scratched and sent to the barn. If a horse is scratched and sent to the barn, the starter shall notify the judges, who shall then notify the public.

      (2) A horse shall be considered unmanageable if it causes more than one (1) recall in the same dash or heat, in which case it may be scratched and sent to the barn.


      Section 6. Bad Acting Horse. At a meeting where there is no wagering, the starter may place a bad acting horse on the outside. At a pari-mutuel meeting, this action may be taken only if there is time for the starter to notify the judges, who shall in turn notify the public prior to the sale of tickets for the race. If tickets have been sold, the bad acting horse shall be scratched under the provisions of Section 5 of this administrative regulation.


      Section 7. Post Positions; Heat Racing. The horse winning a heat shall take the pole (or inside position) in the succeeding heat, unless otherwise specified in the published conditions, and all others shall take their positions in the order they were placed in the last heat. If two (2) or more horses finish is a dead heat, their positions shall be settled by lot.


      Section 8. Shield. The arms of a starting gate shall be provided with a screen or a shield in front of the position for each horse, and the arms shall be perpendicular to the rail.


      Section 9. If a horse comes to the gate out of its assigned post position and gains an unfair advantage by moving either to the left or right to its assigned post position before the starter gives the word, "go", that horse shall be disqualified and placed by the judges.


      Section 10. Malfunction of the Gate. A licensed starter shall check the starting gate for malfunctions before commencing a meeting and shall practice the measures to be followed in the event of a malfunction. Both the starter and the driver of the gate shall know and practice emergency measures, and the starter shall be responsible for the training of drivers in taking emergency measures.


      Section 11. Penalties. A person or association that violates any of the provisions of this administrative regulation shall have committed a Category 1 violation and shall be subject to the penalties set forth in 811 KAR 1:095, Section 4(1). (KTC 1-8 (Rule 16); 1 Ky.R. 1109; eff. 6-11-75; Am. 6 Ky.R. 304; eff. 1-2-80; 7 Ky.R. 627; eff. 3-4-81; 33 Ky.R. 943; 2962; eff. 4-6-07.)