3769-17-11. Driving rules

(A) Although a leading horse is entitled to any part of the track, neither the driver of the first horse or any other driver in the race shall do any of the following things, which shall be considered a violation of 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 cause the driver of such other horse to pull him out of his stride;

(2) Jostle, strike, hook wheels or interfere with another horse or driver;

(3) Cross sharply in front of a horse or cross over in front of a 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;

(7) Sit down in front of a horse or take up abruptly in front of other horses so as to cause confusion or interference among trailing horses;

(8) Let a horse pass inside needlessly or otherwise help another horse to improve his position in the race;

(9) Commit any act which shall impede the progress of another horse or cause him to break;

(10) Change course after selecting a position in the homestretch or swerve in and out, or bear in and out, in such a manner as to interfere with another horse or cause him to break;

(11) To drive in a careless or reckless manner;

(12) Whipping under the arch of the sulky, the penalty for which shall be days suspended;

(13) Lay off a normal pace and leave a hole when it is well within a horse's capacity to keep the hole closed;

(14) If any of the above violations is committed by a person driving a horse coupled as an entry in the betting, the judges shall set both horses back, if, in their opinion, the violation may have affected the finish of the race. Otherwise, penalties may be applied individually to the drivers of any entry.

(B) All complaints by drivers of foul driving or misconduct during the race must be made after the race, unless the driver is prevented from doing so by an accident or injury. Any driver desiring to enter a claim of foul or other complaint of violation of the rules must, before dismounting, indicate to the judges or patrol judge his desire to enter such claim or complaint and, upon dismounting, shall proceed to the telephone or judges' stand where and when such claim, objection, or complaint shall be immediately entered. The judges shall not cause the official sign to be displayed until such claim, objection, or complaint shall have been entered and considered.

(C) In case of interference, collision, or violation of any of the above restrictions, the offending horse may be placed back one or more positions in that race, and in the event such collision or interference prevents any horse from finishing the race, the offending horse may be disqualified from receiving any winnings and the driver shall be fined and/or suspended. In the event a horse is set back under the provisions hereof, he must be placed behind the horse with whom he interfered.

(D) Every heat in a race must be contested by every horse in the race and every horse must be driven to the finish. If the judges believe that a horse is being driven, or has been driven with intent to prevent his winning a heat or dash which he was evidently able to win, or is being raced in an inconsistent manner or to perpetrate or to aid a fraud, they shall consider it a violation and the driver, and anyone in concert with the driver to so affect the outcome of the race or races, may be suspended, or referred to the commission. The judges may substitute a competent and reliable driver at any time. The substituted driver shall be paid at the discretion of the judges and the fee retained from the purse money due the horse, if any.

(1) In the event a drive is unsatisfactory due to lack of effort or carelessness, and the judges believe that there is no fraud, gross carelessness, or a deliberate inconsistent drive, they may suspend his license for up to one year and/or impose a one thousand dollar fine.

(2) Every horse shall be driven to the finish unless injured. Any driver who shall rein in before crossing the finish line or who shall fail to use his utmost exertion to obtain a winning performance from the horse driven by him shall be fined, suspended, or referred to the commission.

(3) Drivers must set or maintain a pace comparable to the class in which they are racing. Failure to do so which holds up the field of horses or causes confusion among the trailing horses will be considered a violation of this rule and the judges may impose a penalty.

(4) In the event a penalty is placed on a driver under any of paragraphs (D)(1) to (D)(4) of this rule, the horse may be placed on the judges' list and may not be removed therefrom until it goes in a qualifying race and qualifies in a time comparable to the class of the horse.

Five Year Review (FYR) Dates: 3/20/2019 and 03/20/2024
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 01/01/1985, 02/06/1999

Prior History: (R.C. 119.032 review dates: 11/22/2011 and 09/15/2016
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 2/6/99 )