Section 163.238. Influencing outcome of race

(a) A horse shall be ridden out in every race. A jockey may not intentionally ride wide on the turns or otherwise cause his mount to lose ground when there is no reasonable cause for the loss or otherwise ride in a manner inconsistent with using the best efforts of the horse.

(b) A jockey shall put forth every reasonable effort and exercise the greatest diligence in riding a race. If, in the opinion of the stewards, a jockey does not put forth every reasonable effort or use proper diligence in the riding of a race, the jockey shall be penalized by the stewards according to the gravity of the offense.

(c) If two horses run in one interest in a race, each shall give his best effort. The practice of declaring to win with one or the other of the horses is not allowed.

The provisions of this § 163.238 amended December 23, 1977, effective December 24, 1977, 7 Pa.B. 3932.

Notation

Notes of Decisions

The Commission’s decision to suspend a jockey under 58 Pa. Code § 163.238(a) and (b) for failing to ride out his horse in a race is not reviewable unless constitutional rights are violated, the adjudication is not in accord with the law, procedural rules were not complied with, or the necessary findings of fact are not supported by substantial evidence. Smith v. Horse Racing Commission, 456 A.2d 727 (Pa. Cmwlth. 1983).

Sufficiency of Evidence

Testimony that a videotape of the race in question demonstrated that the licensee performed several acts that were intended to cause, and resulted in, the horse’s last-place finish was sufficient to justify the Commission’s suspension. Pinero v. State Horse Racing Commission, 804 A.2d 131 (Pa. Cmwlth. 2002).