RACING AND TRACK RULES
§ 183.281. Driving procedures.
Although a leading horse is entitled to any part of the track except after selecting his position in the home stretch, neither the driver of the first horse nor any other driver in the race shall commit any of the following acts which shall be deemed violations of the driving rules:
(1) Change either to the right or left during any part of the race when another horse is so near him that in altering his position he compels the horse behind him to shorten his stride, or causes the driver of the other horse to pull him out of his stride.
(2) Jostle, strike, hook wheels or interfere with another horse or driver.
(3) Cross over sharply in front of a horse or field of horses, in a reckless manner, endangering other drivers.
(4) Swerve in and out or pull up quickly.
(5) Crowd a horse or driver by ‘‘putting a wheel under him.’’
(6) ‘‘Carry a horse out’’ or ‘‘sit down in front of him,’’ take up abruptly in front of other horses so as to cause confusion or interference among the trailing horses.
(7) Lay off a normal pace and leave a hole when it is well within the horse’s capacity to keep the hole closed.
(8) Cause any horse or field of horses to excessively slow down. Drivers of trailing horses failing to properly contest an excessively slow pace may be penalized.
(9) Let a horse pass inside needlessly.
(10) Commit any act which shall impede the progress of another horse or cause him to ‘‘break.’’
(11) Change course after selecting a position in the home stretch and swerve in or out, or bear in or out, in such manner as to interfere with another horse or cause him to change course or take back.
(12) Drive in a careless or reckless manner.
(13) Whipping under the arch of the sulky shall be punished by a fine or suspension, or both.
(14) The brutal use of a whip or crop, punching, jabbing or kicking a horse or using a whip so as to interfere with or cause disturbance to any other horse or driver in a race is prohibited and shall be considered a violation of this rule.
Notes of Decisions A videotape and the testimony of a presiding judge regarding petitioner’s failure to ‘‘close a hole’’ in a race and the manner in which his whip managed to elude his grasp was substantial evidence of violations of the regulations. Frizalone v. Harness Racing Commission, 535 A.2d 288 (Pa. Cmwlth. 1987).
Cross References This section cited in 58 Pa. Code § 183.62 (relating to duties of judges); and 58 Pa. Code § 183.289 (relating to use of goading devices and the like).
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