Australian Harness Racing Rules 202-255
General Offences

 


Please Note:   All forms mentioned in the Rules are available from State Controlling Bodies.  

Please Note:  On 1st March 2008 Harness Racing Australia Inc (HRA) replaced Australian Harness Racing Council Inc (AHRC) as the organisation's name.  All AHRC's formal structures, rules, regulations, policies, processes etc., now pertain to HRA, and any reference to Australian Harness Racing Council Inc, AHRC, Council or The Council shall mean Harness Racing Australia Inc or HRA.
    

Racecourses

202.  A person shall not drive a horse on a racecourse or training track unless that person holds a driving licence, training licence or a stablehand licence or other licence authorising that activity.

203.  A person shall not train a horse on a racecourse or training track unless that person holds a training licence.

204.  A person shall not carry out the duties of a stablehand on a racecourse unless that person holds a trainer’s, driver’s or stablehand's licence.

The track

205.  A person not being a steward, a driver engaged in a race, a club official or someone authorised by the Stewards, shall not be on the track during a meeting.

Information

206.  A person shall not inform the Controlling Body, a club or other body conducting a meeting, a drivers’ check clerk, or some other official or representative, that a driver shall drive at a meeting if that driver is unavailable to do so.

207.  A person shall not seek or obtain improperly information from anyone employed, engaged or participating in the harness racing industry.

208.  A person employed, engaged or participating in the harness racing industry shall not divulge information to anyone improperly.

209.  A person employed, engaged or participating in the harness racing industry shall not knowingly or recklessly furnish false information to the Controlling Body, the Stewards or anyone else.

Notifications

210.  Notification of a driver properly engaged for a horse taking part in a race shall be given by the nominator, trainer, owner or other authorised person to the Controlling Body at a time designated by the Controlling Body.

Horses

211.  A trainer or other licensed person for the time being in charge of a horse shall not leave the horse unattended at a racecourse whether in a stable or elsewhere.

212.  A person shall not whether alone or in association with others nominate or start a horse in a race for which the horse is disqualified or otherwise ineligible.

213.  A person shall not:-

(a)  by use of harness, gear, equipment, device, substance or any other thing inflict suffering on a horse;

(b)  have in his possession any harness, gear, equipment, device, substance or any other thing capable of inflicting suffering on a horse.  

213A.   A person other than a registered veterinarian, shall not use or have in his possession or control any electric or electronic apparatus or device capable of administering an electric shock to a horse. 

213B.   A horse that has been subjected to any form of shock wave therapy shall be ineligible to race or take part in any trial in the seven days following such treatment.

213C. A person shall not have in their possession at a racecourse at which a meeting is being conducted any electrical, mechanical or galvanic device, equipment, appliance or apparatus which can be used to treat a horse. 

214.  A person shall not do anything which prevents or impedes a horse from doing its best in a race.

215.  A person shall not alter or manipulate gear or other equipment so as improperly to advantage or disadvantage a horse in a race.

216 A person whether alone or in association with others shall not fraudulently or improperly nominate or start a horse in a race.

217.  A person whether alone or in association with others shall not conceal or attempt to conceal the identity of a horse.

218.  A person having responsibility for the welfare of a horse shall not fail to care for it properly.

219.  A person shall not do or fail to do anything which results in the inconsistent running of a horse.

220.  A person shall not lead a horse at a racecourse other than by way of a lead attached to a rearing bit in the horse’s mouth.

221.  A person whether alone or in association with others shall not threaten, coerce or improperly influence anyone to refrain from nominating or starting a horse in a race.

222.  A person whether alone or in association with others shall not threaten, coerce or improperly influence anyone to withdraw a horse from a race.

Protective gear

223.  A person when engaged in any activity relating to the care, control, training or management of a horse shall wear adequate footwear, clothing and other protective bodily coverings.

224.  (Rule 224 repealed, approved 11.12.2015)

Trainers

225.  A trainer shall adequately condition, prepare and supervise horses trained by that trainer.

226.  A trainer shall not permit a person to drive, train or carry out duties in breach of rules 202, 203 or 204.

Money or other inducements

227.  A person shall not give or offer any money or other inducement improperly to anyone employed, engaged or participating in the harness racing industry.

228.  A person employed, engaged or participating in the harness racing industry shall not accept or agree to accept any money or other inducement improperly.

229.  A person employed, engaged or participating in the harness racing industry who is offered or given any money or other inducement improperly shall immediately inform the Chairman of Stewards or Chief Steward.

Association with disqualified persons

230.  Except with the consent of the Controlling Body a person shall not associate for purposes relating to the harness racing industry with a disqualified person or a person whose name appears in the current list of disqualifications published or adopted by a recognised harness racing authority.

Assault and interference

231.  (1)  A person shall not

      (a)  threaten

      (b)  harass

      (c)  ntimidate

      (d)  abuse

      (e)  assault

      (f)  otherwise interfere improperly with

anyone employed, engaged or participating in the harness racing industry or otherwise having a connection with it. 

(2)  A person shall not misconduct himself in any way. 

Weapons and related matters

232.  A person while on a racecourse shall not, except with the approval of the Stewards, have in his or her possession or control a firearm or other weapon.

Conversing with driver

233.  A person shall not converse with a driver after the driver is checked out for a race and is on the track.

Illegal betting

234.  A person shall not lay or accept an illegal bet.

235.  A person who believes that another person is likely to participate in or be connected with illegal betting shall not communicate with that other person in connection with such betting. 

235A.  (1)  A trainer must not lay any horse that is either under his care, control or supervision or has been in the preceding 21 days. 

(2)  Any person employed by a trainer in connection with the training or care of horses must not lay a horse under the control of the trainer for whom he is or was employed, while so employed and for a period of 21 days thereafter.

(3)  An agent or manager must not lay any horse to be driven by a driver for whom he is agent or manager.

(4)  The connections must not lay any horse that is or may be entered by them or on their behalf, save that a bookmaker may lay a horse in accordance with his licence.

(5)  Where under sub-rules (1), (2), (3) and (4) it is an offence for a person to lay a horse, it shall also be an offence for that person to:

       (a)   have a horse laid on his behalf;
       (b)   receive any monies or other valuable consideration in any way connected with the laying of the horse by another person.

(6)  For the purposes of this rule “lay” means the offering or the placing of a bet on a horse:

      (a)   to lose a race;
      (b)   to be beaten by any other runner or runners;
      (c)   to be beaten by any margin or range of margins;
      (d)   that a horse will not be placed in a race in accordance with the provisions of Rule 49.

Employment

236.  Except with the approval of the Controlling Body, a person shall not employ or use a disqualified person in connection with the care, training, management, supervision or racing of horses.

Registration

237.  A person shall not fail to register anything which these rules require to be registered.

Orders and related matters

238. A person shall not fail to comply with any order, direction or requirement of the Controlling Body or the Stewards relating to harness racing or to the harness racing industry. 

239. A person shall not do anything which can only be done at the order, direction or requirement of the Controlling Body or the Stewards in the absence of or contrary to, such order, direction or requirement.

239A. A person whose conduct or negligence has led or could lead to a breach of the rules is guilty of an offence.

Corruption and related matters

240 A person shall not, whether alone or in an association with others, do, permit or suffer anything before, during or after a race which in the opinion of the Stewards or Controlling Body:-

(a)     may cause someone to be:-

          (i)      unlawfully advantaged, or

          (ii)     unlawfully disadvantaged, or

          (iii)    penalised.

(b)     is corrupt.

(c)     is improper.

241.  A person shall not in connection with any part of the harness racing industry do anything which is fraudulent or corrupt.

242.  A person shall not furnish the Controlling Body with a document purporting to describe the ownership of a horse which is false or fails to mention a person with ownership rights or interests.

243.  A person employed, engaged or participating in the harness racing industry shall not behave in a way which is prejudicial or detrimental to the industry.

244.  A person whether alone or in association with others shall not communicate improperly with the Controlling Body, its members or employees about anything which is or is likely to be the subject of an inquiry by or appeal to the Controlling Body.

245.  A person shall not direct, persuade, encourage or assist anyone to breach these rules or otherwise engage in an improper practice.

246.  A person who has reasonable grounds for believing that someone is behaving, may behave or has behaved in a way causing, likely to cause or which has caused a breach of these rules shall promptly bring the matter to the notice of the Controlling Body or the Stewards.

247.  A person attending before the Controlling Body its members or employees, the Stewards, officials, or at any proceeding under these rules, shall not speak or behave in a malicious, intimidatory or otherwise improper manner.

Publications and related matters

248.  A person shall not say, publish or write or cause to be said, published or written anything malicious, intimidatory or otherwise improper about the Controlling Body, its members and employees or the Stewards or anyone else associated with the harness racing industry.

249.  A person whether alone or in association with others shall not say, publish or write or cause to be said, published or written anything intended improperly to influence a decision of the Controlling Body, its members or employees, or the Stewards, on any matter.

Alcohol and related matters

250.  (1)  A driver commits an offence if:-

(a)  A sample taken from him is found upon analysis to contain a substance banned by Rule 251, or

(b)  He refuses or fails to deliver a sample as directed by the Stewards, or tampers with, adulterates, alters, substitutes or in any way hinders the collection of such sample or attempts to do any of those things.

(2)  A driver may be prevented by the Stewards from driving if in their opinion, based on any information, their own observations or on medical or other competent advice, his faculties may be impaired by any substance banned by Rule 251 or by any other cause.

(3)  In the event of an analysis of a sample taken from a driver indicating the presence of a substance banned by Rule 251, or if a driver refuses or fails to deliver a sample when directed to do so, or tampers with, adulterates, alters, substitutes or in any way hinders the collection of such sample, or attempts to do any of those things, the Stewards may forthwith, pending the determination of any inquiry or other proceeding or the result of any other analysis, stand down such person from driving.

(4)  In the event of a driver incurring a penalty or being prevented from driving under this rule he shall not resume driving until he delivers a sample, as directed by the Stewards, that is free of any substance banned by Rule 251.

(5)  (Rule 250(5) repealed, approved 11.12.2015.)

250A.  (1)  A person carrying on or purporting to carry on an activity regulated by licence at any time or carrying on official duties at a meeting commits an offence if:

(a)  a sample taken from him or her is found upon analysis to contain a substance banned by Rule 251A, or

(b)  he or she refuses or fails to deliver a sample as directed by the Stewards, or tampers with, adulterates, alters, substitutes or in any way hinders the collection of such sample or attempts to do any of those things.

(2)  A person carrying on or purporting to carry on a licensed activity at any time or carrying on official duties at a meeting may be prevented by the Stewards from conducting such activity or duties if in their opinion, based on any information, their own observations or on medical or other competent advice, his or her faculties may be impaired by any substance banned by Rule 251A or by any other cause.

(3)  In the event of an analysis of a sample taken from a person carrying on or purporting to carry on a licensed activity at any time or carrying on official duties at a meeting indicating the presence of a substance banned by Rule 251A, or if such person refuses or fails to deliver a sample when directed to do so, or tampers with, adulterates, alters, substitutes or in any way hinders the collection of such sample or attempts to do any of those things, the Stewards may forthwith, pending the determination of any inquiry or other proceeding or the result of any other analysis, stand down such person from conducting licensed activities or official duties.

(4)  In the event of a person under this rule incurring a  penalty or being prevented from conducting licensed activities or official duties, the person shall not resume such activities or duties until they deliver a sample, as directed by the Stewards, that is free of any substance banned by Rule 251A.

(5)  For the purpose of this rule and Rule 251A, a person carrying on official duties includes veterinarians, farriers, track attendants, swabbing assistants, clerks of course, judges, starters and stewards.

251.  The following substances and/or their metabolites, artifacts, and isomers are declared as banned substances in drivers when present in a urine sample (unless otherwise stated) at a concentration above the applicable cut-off level:-

(a)  Lysergic acid diethylamide (LSD) (0μg/L).

(b)  All barbiturates (0μg/L); All Cannabinoids - substances in this group include, but are not restricted to, 11-Nor-delta-9-tetrahydrocannabinol-9-carboxylic acid (15μg/L): Synthetic cannabinoid analogues and/or their metabolites, such as JWH-018, JWH-073 and HU-210.

(c)  All diuretics (0μg/L): Probenecid: (0μg/L): Alcohol (at a concentration in excess of 0.02% on a breath analyser).

(d)  All stimulants – substances in this group include, but are not restricted to, Amphetamine (150μg/L): Methylamphetamine (150μg/L): Methylenedioxyamphetamine (MDA) (150μg/L): Methylenedioxyethylamphetamine (MDEA) (150μg/L): Metheledioxymethylamphetamine (MDMA) (150μg/L): Methylphenidate (0μg/L): Modafinil (0μg/L): Cocaine (100μg/L): Ephedrine (10,000μg/L).

Substances in this group excluded are: Levo-amphetamine: Levo-methylamphetamine: Phenylpropanolamine: Pseudoephedrine.

(e)  All anorectics – substances in this group include, but are not restricted to, Phentermine (500μg/L): Diethylpropion (0μg/L): Sibutramine (0μg/L).

(f)  All opiates and opioids – substances in this group include, but are not restricted to, Morphine (0μg/L, save as specified by Rule 252: Codeine (0μg/L, save as specified in Rule 252): Oxycodone (0μg/L): Fentanyl (0μg/L): Alfentanil (0μg/L): Pethidine (0μg/L): Methadone (0μg/L): Heroin (0μg/L): Monoacetylmorphine (0μg/L): Hydromorphone (0μg/L):Buprenorphine (0μg/L).

Substances in this group excluded are: Dihydrocodeine: Dextromethorphan: Pholcodine: Propoxyphene: Tramadol.

(g)  All dissociative anaesthetics and related substances – substances in this group include, but are not restricted to: Ketamine (0μg/L): Phencyclidine (0μg/L): Tiletamine (0μg/L).

(h)  Gamma-hydroxybutyrate (GHB) and pro-drugs of GHB (1,4-butanediol: gammabutyrolactone) (10,000μg/L).

(i)  Benzylpiperazine (500μg/L) and phenylpiperazine (0μg/L) and their derivatives (0μg/L).

(j) Tryptamine derivatives (0μg/L) (e.g. dimethyltryptamine: alphamethyltryptamine: hydroxydimethyltryptamine and related substances).

(k)  All benzodiazepines – substances in this group include: but are not restricted to: Diazepam (200μg/L): Nordiazepam (200μg/L): Oxazepam (200μg/L): Temazepam (200μg/L): Alprazolam (100μg/L, as alpha-hydroxyalprazolam): Clonazepam (100μg/L, as 7-aminoclonazepam): Flunitrazepam (100μg/L, as 7-aminoflunitrazepam): Nitrazepam (100μg/L, as 7-aminonitrazepam): Bromazepam (0μg/L): Clobazam (0μg/L): Flumazenil (0μg/L): Lorazepam (0μg/L): Midazolam (0μg/L): Triazolam (0μg/L): and substances with similar structure or pharmacological activity – benzodiazepine receptor agonists (zalplon: zolpidem: zopiclone).

251A.  The following substances and/or their metabolites, artifacts, and isomers are declared as banned substances when present in a urine sample (unless otherwise stated) at a concentration above the applicable cut-off level in persons carrying on or purporting to carry on an activity regulated by licence at any time or carrying on official duties at a race meeting:-

(a)   Lysergic acid diethylamide (LSD) (0μg/L).

(b)  All barbiturates (0μg/L); All Cannabinoids - substances in this group include, but are not restricted to, 11-Nor-delta-9-tetrahydrocannabinol-9-carboxylic acid (15μg/L): Synthetic cannabinoid analogues and/or their metabolites, such as JWH-018, JWH-073 and HU-210.

(c)  Alcohol (at a concentration in excess of 0.02% on a breath analyser).  

(d)  All stimulants – substances in this group include, but are not restricted to, Amphetamine (150μg/L): Methylamphetamine (150μg/L): Methylenedioxyamphetamine (MDA) (150μg/L): Methylenedioxyethylamphetamine (MDEA) (150μg/L): Metheledioxymethylamphetamine (MDMA) (150μg/L): Methylphenidate (0μg/L): Modafinil (0μg/L): Cocaine (100μg/L): Ephedrine (10,000μg/L).  

Substances in this group excluded are: Levo-amphetamine: Levo-methylamphetamine: Phenylpropanolamine: Pseudoephedrine.  

(e)  All opiates and opioids – substances in this group include, but are not restricted to, Morphine (0μg/L, save as specified by Rule 252: Codeine (0μg/L, save as specified in Rule 252): Oxycodone (0μg/L): Fentanyl (0μg/L): Alfentanil (0μg/L): Pethidine (0μg/L): Methadone (0μg/L): Heroin (0μg/L): Monoacetylmorphine (0μg/L): Hydromorphone (0μg/L):Buprenorphine (0μg/L).  

Substances in this group excluded are: Dihydrocodeine: Dextromethorphan: Pholcodine: Propoxyphene: Tramadol. 

(f)  All dissociative anaesthetics and related substances – substances in this group include, but are not restricted to: Ketamine (0μg/L): Phencyclidine (0μg/L): Tiletamine (0μg/L).  

(g)  All benzodiazepines – substances in this group include: but are not restricted to: Diazepam (200μg/L): Nordiazepam (200μg/L): Oxazepam (200μg/L): Temazepam (200μg/L): Alprazolam (100μg/L, as alpha-hydroxyalprazolam): Clonazepam (100μg/L, as 7-aminoclonazepam): Flunitrazepam (100μg/L, as 7-aminoflunitrazepam): Nitrazepam (100μg/L, as 7-aminonitrazepam): Bromazepam (0μg/L): Clobazam (0μg/L): Flumazenil (0μg/L): Lorazepam (0μg/L): Midazolam (0μg/L): Triazolam (0μg/L): and substances with similar structure or pharmacological activity – benzodiazepine receptor agonists (zalplon: zolpidem: zopiclone).

252.  Notwithstanding the provisions of Rule 251, when Codeine and/or Morphine are detected in a sample taken from a driver then the sample shall be deemed not to contain Codeine and Morphine if:-

(a)  The total Codeine and Morphine concentration is less than 2,000μg/L; or

(b)  The total Codeine and Morphine concentration achieved in confirmatory testing is in the range 2,000 – 15,000μg/L inclusive and at least one of the following applies:-

(i)  The Codeine to Morphine ratio contained in the sample is greater than 1.0; or

(ii)  The driver satisfies the Stewards that there is no illegal use of opiates or opioids by the driver.

252A.  The Stewards may stay in whole or in part, and for such period and under such terms and conditions as they think fit, the operation of any penalty imposed for a breach of Rule 250 or 250A.  Provided that, in the event of any failure to comply with any of the terms and conditions of the stay, the Stewards may order that the penalty take effect.

252B.  Notwithstanding the provisions of Rule 250, the Stewards may permit a driver to receive a specified banned substance, subject to the following conditions:-

(a)  The medication must be essential treatment for a substantial illness, condition or ailment suffered by the driver.

(b)  The medication must be prescribed by a medical practitioner.

(c)  The medical practitioner must certify:-

(i)  The nature of the illness, condition or ailment being suffered by the driver.

(ii)  That no alternative, non-banned substance would serve the same purpose for the illness, condition or ailment concerned.

(iii)  That the medication would not affect the driver in a race or track-work to the extent that it could in any way constitute a danger to the driver or other drivers. 

(d)  The driver must if requested submit to medical examination by a medical practitioner appointed by a Controlling Body to advise it on the matters raised in sub-paragraphs (i), (ii) and (iii) of paragraph (c) of this rule. 

(e)  The driver must:-

(i)  Before driving make application to the Controlling Body for permission to drive with a specifically prescribed banned substance in his system.

(ii)  Adhere strictly to his prescribed medication and must report to the Stewards immediately he forms the intention to discontinue or in any way vary his prescribed medication.

(iii)  Report to the Stewards immediately he believes that either his illness, condition or ailment or his medication may have some influence on his ability to drive effectively and/or safely.

(iv)   Renew his application for exemption on each occasion on which he applies for the renewal of his licence.

(f)  Under no circumstances shall a person be granted retrospective exemption under this rule.

252BB.  Notwithstanding the provisions of Rule 250A, the Stewards may permit a person referred to in Rule 250A to receive a specified banned substance, subject to the following conditions:-

(a)  The medication must be essential treatment for a substantial illness, condition or ailment suffered by that person.

(b)  The medication must be prescribed by a medical practitioner.

(c)   The medical practitioner must certify:- 

(i)  The nature of the illness, condition or ailment being suffered by such person. 

(ii)  That no alternative, non-banned substance would serve the same purpose for the illness, condition or ailment concerned. 

(iii)  That the medication would not affect the person carrying on or purporting to carry on licensed activities or official duties to the extent that it could in any way constitute a danger to that person or others.

(d)  The person carrying on or purporting to carry on licensed activities or official duties must if requested submit to medical examination by a medical practitioner appointed by a Controlling Body to advise it on the matters raised in sub-paragraphs (i), (ii), and (iii) of paragraph (c) of this Rule.

(e)  The person carrying on or purporting to carry on licensed activities or official duties must:-

(i)  Before engaging in the relevant activity make application to the Controlling Body for permission to conduct the activity with a specifically prescribed banned substance in his system.

(ii)  Adhere strictly to his prescribed medication and must report to the Stewards immediately he forms the intention to discontinue or in any way vary his prescribed medication.

(iii)  Report to the Stewards immediately he believes that either his illness, condition or ailment or his medication may have some influence on his ability to conduct the activity effectively and/or safely.

(iv)  Renew his application for exemption on each occasion on which he applies for the renewal of his license.

(f)  Under no circumstances shall a person be granted retrospective exemption under this rule.

252C.   A licensed person or official, when carrying on or purporting to carry on a licensed activity or duties related to the care and control of horses or the conduct of a race shall not be, in the opinion of the Stewards, under the influence of alcohol or other drugs.

252D.  For the purposes of Rules 250, 250A and 252C:

(a)  The Stewards may administer any test or use any equipment as they consider appropriate;

(b)  A urine sample provided by a person to whom those rules apply shall only be declared free of any banned substance if the sample contains a creatinine concentration of 200mg/L or greater.  In the event that the urine sample does not contain this concentration, the person shall be required to deliver a further urine sample or samples as directed by the Stewards. 

252E.   (Rule 252E repealed, approved 11.12.2015)

 

252F.  (Rule 252F repealed, approved 11.12.2015)

Illegal communications

253.  A person on a racecourse shall not use a telephone or other communication device for an illegal or otherwise improper purpose or contrary to a restriction on such use imposed by the Stewards.

Assumed Names

254. Unless the Controlling Body otherwise approves a person shall not use an assumed name or alias.

Children's Access to Stabling Areas On-Course

254A.  (1)  A child who has not attained the age of 14 years may only enter the stabling area at a race meeting or an official trial where that child is separated from the horse stalls by a barrier preventing direct access to the horse stalls.

(2)  A licensed person must take all reasonable steps to ensure that a child under their care and/or control and who has not attained the age of 14 years shall not enter the stabling area at a race meeting or an official trial unless that child is separated from the horse stalls by a barrier preventing direct access to the horse stalls.

(3)  A licensed person who contravenes the provisions of sub-rule (2) is guilty of an offence.

Creation of offences

255.  A person who fails to comply with any provision of a rule contained in Part 14 is guilty of an offence.

Possession

255A.   (1)   For the purpose of the Rules:-

(a)  A person shall be deemed to have in their possession any animal or item of property  which  is  found  in  or  on  their  registered  training  establishment, artificial breeding station, stud, stable, motor vehicle, float or their place of residence.

(b)  A person shall ensure that they do not have in their possession any animal or item of property which may give rise to a breach of the Rules.

(2)  It is not a defence to a charge under this Rule (or any other Rule) that the person:-

(a)  Did not have any knowledge of the existence or presence of the animal or item of property which is the subject of the charge.

(b)  Had an honest and reasonable mistake of fact as to the existence or presence of the animal or item of property which is the subject of the charge.

(3)  A person who fails to comply with sub-rule (1) is guilty of an offence.

 

 

PLEASE NOTE:
Rules Effective from 1st September 1999 (State Controlling Bodies must adopt)
Rules Approved - 16th March 1999 (AHRC Meeting)
 

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