Section 183.285. Fraudulent or unsatisfactory driving

(a) Every heat or dash in a race shall be contested by every horse in the race and every horse shall be driven to the finish.

(b) If the judges believe that a horse is being driven, with a design to prevent his winning a heat or dash which he was evidently able to win; or is being raced so as to perpetrate or aid in a fraud, they shall consider it a violation and the driver, and anyone in concert with him, may be fined, suspended, or expelled and the matter referred to the Commission.

(c) In the event a drive is unsatisfactory due to carelessness or indifference, or is being raced in an inconsistent manner compared to an established pattern of prior performances, and the judges believe that there is no fraud, they may forthwith impose a penalty.

Notation

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 § 183.289 (relating to use of goading devices and the like).