CHRB approves changes to penalties for riding-crop violations

The California Horse Racing Board on Wednesday approved modifications to its riding-crop rules that would eliminate the $1,000 “maximum” fine and possible three-day suspension for violations currently on the books, and replace it with a “minimum” fine of $500.

The change is designed to give stewards more flexibility on determining the severity of penalty to assign. In California, jockeys are limited to six strikes in a race, no more than two in succession, and all must be in the underhanded position.

“If a jockey rides in a manner contrary to this rule, the stewards shall impose a minimum fine of $500. A greater fine or a minimum of three suspension days, or both, can be imposed, if, in the opinion of stewards, the violation is egregious or intentional.”

Among the factors determining whether a violation is egregious includes recent history of similar violations, the total number of uses above the allowable limit, and using the crop in the overhand position.

The changes approved Wednesday will go to a 45-day public comment period before returning to the board for possible adoption.

The move by the CHRB comes one month after it tabled a proposal that would have raised the fine for riding-crop violations in graded stakes to 50 percent of a jockey's purse earnings. Shane Gusman, an attorney representing the Jockeys' Guild, thanked the board for "pausing" that action, but raised concerns about the lack of a maximum fine in the latest proposal.

"Obviously our concern is that at some point, someone could get a fine that is out of whack," Gusman said.

However, CHRB Chairman Gregory Ferraro noted that jockeys have the right to appeal any ruling to the board.

"I think this protects the domestic rider," Ferraro said. "Our concern had been that riders, particularly from foreign countries, could violate the rule and a $500 fine and three-day suspension would be meaningless to them. This allows for considerably more punishment for egregious violations and makes it more fair to our domestic riding colony."

Commissioner Oscar Gonzalez expressed similar sentiments.

"This addresses the concern that I had right along, that has been any excessive whipping and putting in-state riders at a disadvantage. I believe this measure addresses any concerns I had. I'm hoping this is something we can adopt and have in place by Breeders' Cup."