811 KAR 1:070. Licensing; owners, drivers, trainers, and grooms.

      RELATES TO: KRS 230.310

      STATUTORY AUTHORITY: KRS 230.260

      NECESSITY, FUNCTION, AND CONFORMITY: To regulate conditions under which harness racing shall be conducted in Kentucky. The function of this administrative regulation is to set out the requirements of and to provide for the licensing of owners, trainers, drivers, and grooms.

      Section 1. Owners. Every person owning a horse that is entered at a race meeting licensed by the authority shall be required to obtain a license from the authority and the United States Trotting Association. The application shall be on forms provided by the authority and shall be filed at any authority office. The license shall be presented to the clerk of the course at the time the horse is entered in a race.

      Section 2. Leased Horses. Any horse under lease shall race in the name of the lessee and a copy of such lease must be filed with the Kentucky Horse Racing Authority. No horse shall race under lease without an eligibility certificate issued by the United States Trotting Association in the name of the lessee and the lessee is a current licensee of the authority in good standing. Persons violating this administrative regulation shall be fined, suspended or expelled.

      Section 3. Driver's Application for License. Every person desiring to drive a harness horse at a race meeting licensed by the authority shall be required to obtain a license from the authority and the United States Trotting Association. Such application shall be on forms provided by the authority. Applications may be filed at any authority office. Such license shall be presented to the clerk of course before driving. Pending a valid license by the United States Trotting Association, the authority may, at its discretion, issue a provisional or full driver's license to those who qualify as set by this administrative regulation.

      Section 4. Qualification for a Provisional and Full Driver's License. (1) Every applicant for a provisional license to drive a harness horse at a race meeting licensed by the commission shall meet the following requirements:

      (a) Not have been convicted of a crime described in KRS 335B.010(4) or which otherwise directly relates to the qualifications of driving a harness horse at a race meeting.

      (b) Submit evidence of his ability to drive in a race and, if he is a new applicant, this shall include the equivalent of one (1) year's training experience. Any new applicant for a driver's license shall be approved by the presiding judge and a committee of three (3) "A" class drivers appointed by the United States Trotting Association District Six (6) Chairman.

      (c) Be at least eighteen (18) years of age.

      (d) Furnish a completed application form.

      (e) Submit satisfactory evidence of an eye examination indicating 20/40 corrected vision in both eyes, or if one (1) eye blind, at least 20/30 corrected vision in the other eye; and, when requested, submit evidence of physical and mental ability and/or submit to a physical examination.

      (f) No person sixty (60) years of age or older who has never held any type of driver's license previously shall be issued a driver's license.

      (g) When requested, submit a written examination at a designated time and place to determine his qualifications to drive and his knowledge of racing and the rules. In addition, any driver who presently holds a license and wishes to obtain a license in a higher category, who has not previously submitted to such written test, shall be required to take a written test before becoming eligible to obtain a license in a higher category.

      (h) No applicant who has previously held any type of driver's license shall be subsequently denied a driver's license solely on the basis of age.

      (2) A full license will be granted to an applicant who qualifies for a provisional license and has acquired:

      (a) At least one (1) year's driving experience while holding a provisional license from the United States Trotting Association.

      (b) Twenty-five (25) satisfactory starts in the calendar year preceding the date of his application at an extended pari-mutuel meeting.

      (3) In the event any person is involved in an accident on the track, the authority may order the person to submit to a physical examination and the examination shall be completed within thirty (30) days from the request or his license may be suspended until compliance.

      (4) All penalties imposed on any driver may be recorded on the reverse side of his authority driver's license by the presiding judge.

      (5) The Kentucky Racing Authorityn reserves the right to require any driver to take a physical examination at any time.

      Section 5. Trainers' Application for License. An applicant for a trainer's license shall show proof that he is duly licensed as a trainer by the United States Trotting Association and shall meet the requirements set forth in 811 KAR 1:085, Sections 1, 2, 3, 5, and 14, and 811 KAR 1:090, Section 6.

      Section 6. Absence of Trainers. When any licensed trainer is absent from a racing meet for more than six (6) days, it shall be the duty of the trainer to appoint and have properly licensed a new trainer of record.

      Section 7. Grooms' Application for License. An applicant for a license as a groom must satisfy the authority that he possesses the necessary qualifications, both mental and physical to perform the duties required. Elements to be considered, among others, shall be character, reputation, temperament, experience, knowledge of the rules of racing and of the duties of a groom. No license shall be issued to applicants under sixteen (16) years of age.

      Section 8. (1) The holder of a license issued by the United States Trotting Association for the calendar year shall be presumed to be qualified to receive a license.

      (2) A holder of a current qualifying license issued by the United States Trotting Association may be allowed to drive a horse that is already qualified, however, if the horse does not meet the standards of the meeting, the horse shall be placed on the stewards list. If a race is held solely for qualifying drivers, the race may not be charted. A race solely for qualifying drivers must have more than four (4) starters.

      Section 9. The following shall constitute disorderly conduct and be reason for a fine, suspension, or revocation of an owner's, driver's, trainer's, or groom's license:

      (1) Failure to obey the judges' or other officials' orders that are expressly authorized by the administrative regulations of this authority.

      (2) Failure to drive when programmed unless excused by the judges.

      (3) Drinking intoxicating beverages within four (4) hours of the first post time of the programs on which he is carded to drive.

      (4) Fighting.

      (5) Assaults.

      (6) Offensive and profane language.

      (7) Smoking on the track in colors during actual racing hours.

      (8) Warming up a horse prior to racing without colors.

      (9) Disturbing the peace.

      (10) Refusing to take a breath analyzer test when directed by the presiding judge, deputy commissioner (supervisor of racing), or assistant deputy commissioner (assistant supervisor of racing).

      Section 10. Colors and Helmet. Drivers must wear distinguishing colors, and clean white pants, and shall not be allowed to start in a race or other public performance unless in the opinion of the judges they are properly dressed. From the time it becomes necessary to wear colors before the races, no one will be permitted to jog, train, warm up or drive a horse during a race meet licensed by the Kentucky Horse Racing Authority unless he or she is wearing a protective safety helmet, with the chin strap fastened and in place, that meets the standards and requirements as set forth in the Snell Memorial Foundation's 1984 Standard For Protective Headgear For Use In Harness Racing. This standard is hereby incorporated by reference. Any equestrian helmet bearing the Snell label shall be deemed to have met the performance requirements as set forth in the standards.

      Section 11. Misconduct in Colors. Any driver wearing colors who shall appear at a betting window or at a bar or in a restaurant dispensing alcoholic beverages shall be fined not to exceed $100 for each such offense.

      Section 12. Driver Change. No driver can, without good and sufficient reasons, decline to be substituted by the judges. Any driver who refuses to be so substituted may be fined or suspended, or both by order of the judges.

      Section 13. Amateur Definition. An amateur driver is one who has never accepted any valuable consideration by way of or in lieu of compensation for his services as a trainer or driver during the past ten (10) years.

      Section 14. Registered Colors. Drivers holding an "A" license or drivers with a "V" license who formerly held an "A" license, shall register their colors with the United States Trotting Association. Registered stables or corporations may register their racing colors with the United States Trotting Association.

      Section 15. Incorporation by Reference. (1) The "Application for Owner's License, June 1993", "Driver's Application for License, June 1993", "Provisional and Full Driver's Application for License, June 1993", are incorporated by reference.

      (2) Application forms may be inspected, copied, or obtained at the Kentucky Horse Racing Authority, 4063 Iron Works Pike, Building B, Lexington, Kentucky 40511, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday. (KTC 1-8 (Rule 17); 1 Ky.R. 1110; eff. 6-11-75; Am. 6 Ky.R. 437; eff. 4-1-80; 9 Ky.R. 970; eff. 3-2-83; 10 Ky.R. 921; eff. 2-1-84; 11 Ky.R. 798; eff. 12-11-84; 12 Ky.R. 431; eff. 11-12-85; 13 Ky.R. 1116; eff. 1-13-87; 19 Ky.R. 2502; 20 Ky.R. 83; eff. 7-9-93; TAm eff. 8-9-2007.)