New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 71 - HARNESS RACING › Subchapter 4 - DEFINITIONS › Section 13:71-4.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless defined in (b) below, words and
				terms used in this chapter that are defined in
				N.J.A.C.
				13:70-2.1 shall have the meanings assigned in
				N.J.A.C.
				13:70-2.1 unless the context clearly
				indicates otherwise.
(b) The
				following words and terms, when used in this chapter, shall have the following
				meanings unless the context clearly indicates otherwise:
"Added money event" means event closing in the same year
				  during which it is to be contested in which all entrance, sustaining and
				  declaration fees received are added to the purse.
"Advance wagers" means any wager placed at least one race in
				  advance of the current race.
"Age, how reckoned" means age of a horse shall be reckoned
				  from the first day of January of the year of foaling.
"Amateur driver" means a driver who has never accepted any
				  valuable consideration by way of or in lieu of compensation for his services as
				  a trainer or driver during the past 10 years.
"Claiming race" means one in which any horse starting therein
				  may be claimed for a designated amount in conformance with the rules. Only
				  those owners who have started or declared a horse or horses at the meeting or
				  the authorized agents of such owners may be eligible to claim a horse. The
				  authority of an agent must be in writing and signed by the owner on whose
				  behalf the agent is acting. One copy of said authorization shall be filed with
				  the racing secretary and one with the Racing Commission.
"Commission" means the New Jersey Racing Commission.
"Conditioned race" means an overnight event to which
				  eligibility is determined according to specified qualifications. Such
				  qualifications may be based upon:
1.
				Horses' money winnings in a specified number of previous races or during a
				specified period of time;
2. A
				horse's finishing position in a specified number of previous races or during a
				specified period of time;
3.
				Age;
4. Sex;
5. Number of starts during a specified period
				of time;
6. Or any one or more
				combinations of the qualifications herein listed;
7. Use of records or time bars as a condition
				is prohibited.
"Dash" means a race decided in a single trial. Dashes may be
				  given in a series of two or three governed by one entry fee for the series, in
				  which event a horse must start in all dashes. Positions may be drawn for each
				  dash. The number of premiums awarded shall not exceed the number of starters in
				  the dash.
"Declarations" means declarations shall be taken not more
				  than three days in advance of all races except those for which qualifying
				  dashes are provided.
"Delay period" means the set period of time between the
				  sounding of the bell to signal the end of wagering in each race and the time
				  mutuel machines will not accept cancellations and are completely deactivated
				  for the current race. This delay period can be adjusted at the discretion of
				  the Commission from zero to 20 seconds and is available only for the protection
				  of the mutuel clerks by permitting them to cancel wagers that patrons place and
				  refuse to accept immediately before the beginning of the delay period.
"Disqualification" means a person disqualified shall be
				  barred from acting as an official or from starting or driving or otherwise
				  participating in racing. The spouse of a disqualified person is likewise barred
				  from participation. In the case of a disqualified horse, the horse shall not be
				  allowed to start.
"Drug" means:
1.
				Articles recognized in the official U.S. Pharmacopoeia, official Homeopathic
				Pharmacopoeia of the United States, or official National Formulary, or any
				supplement to any of them; and
2.
				Articles intended for use in the diagnosis, cure mitigation, treatment, or
				prevention of disease in man or other animals; and
3. Articles (other than food) intended to
				affect the structure or any function of the body or other animals;
				and
4. Articles intended for use as
				a component of any article specified in paragraph 1, 2 or 3, but does not
				include devices or their components, parts or accessories.
"Early bird wagering" means wagering that occurs on races in
				  advance of the normal time racetracks open mutuel machines for their live
				  racing program.
"Early closing race" means a race for a definite amount to
				  which entries close at least six weeks preceding the race. The entrance fee may
				  be on the installment plan or otherwise, and all payments are forfeits.
"Elimination heats or dashes" means heats or dashes of a race
				  split according to these rules, to qualify the contestants for a final heat or
				  dash.
"Entry" means two or more horses starting in a race when
				  owned or trained by the same person, or trained in the same stable or by the
				  same management and such horses are coupled as an "entry" at the discretion of
				  the presiding judge, where it is deemed necessary to protect the public
				  interest. A wager on one horse in an entry shall be a wager on all of the
				  horses in the entry.
"Expulsion" means the unconditional exclusion and
				  disqualification from any participation, either directly or indirectly in the
				  privileges and uses of the course and grounds of an association by a licensee
				  or patron.
"Field" means when the individual horses competing in a race
				  exceed the numbering capacity of the tote, the highest numbered horse within
				  the capacity of the tote, and all horses of a higher number shall be grouped
				  together and called the "field".
"Forensic analysis" means when samples are analyzed by
				  scientifically qualified personnel within the Forensic Science Bureau of the
				  Division of State Police.
"Futurity" means a stake in which the dam of the competing
				  animal is nominated either when in foal or during the year of foaling.
"Green horse" means one that has never trotted or paced in a
				  race or against time.
"Gross pool pricing" means the historic method of calculating
				  pari-mutuel prices using the take-out and breakage rules of the host tracks
				  jurisdiction. Pari-mutuel prices calculated using the gross pool pricing method
				  are the same for all jurisdictions in the pari-mutuel pool.
"Guaranteed stake" means a stake with a guarantee by the
				  party opening it that the sum shall not be less than the amount named.
"Handicap" means a race in which performance, sex or distance
				  allowance is made. Post positions for a handicap may be assigned by the racing
				  secretary. Post positions in a handicap claiming race may be determined by
				  claiming price.
"Heat" means a single trial in a race two in three, or three
				  heat plan.
"In harness" means that the horses participating are attached
				  to a sulky. Jog carts shall not be used for racing. All sulkies used in a race
				  must be equipped with (wheel discs) unicolored or colorless wheel discs on the
				  inside and outside of the wheels, of a type approved by the stewards or by the
				  Racing Commission.
"Interference" means any act, which by design or otherwise,
				  hampers or obstructs any competing horse or horses.
"Invitation race" means a race to which only those horses
				  named by the race secretary and listed by him with the presiding judge shall be
				  eligible.
"Jersey Bred" means a horse dropped by a mare in the State of
				  New Jersey, which circumstance is necessary to qualify for registration with
				  the Standard bred Breeders Association of New Jersey. Such registration is a
				  requirement for eligibility to be entered or to start in races exclusively for
				  horses foaled in New Jersey.
"Late closing race" means a race for a fixed amount for which
				  nominations or declarations close less than six weeks and more than three days
				  before the race is to be contested.
"Law or Laws" means Chapter 17, Laws of 1940, as amended and
				  supplemented.
"Length of race and number of heats or dashes" means races or
				  dashes shall be given at a stated distance in units not shorter than 1/16 of a
				  mile. The length of a race and the number of heats shall be stated in the
				  conditions. If no distance or number of heats or dashes are specified all races
				  shall be a single mile dash. No two-year old shall be permitted to start in a
				  dash or heat exceeding one mile in distance. Except where elimination heats or
				  dashes are required, two-year olds may start only in races conditioned not to
				  exceed two dashes or in a two in three race which shall terminate in three
				  heats or dashes. In two-year old races any colt may default at the end of a
				  second heat or dash and the remaining colt shall be declared the winner. Any
				  colt withdrawing under this rule shall forfeit all right to the winners' share
				  of the purse or to the award of the trophy. In the event all eligibles
				  withdraw, the sponsor may retain the 10 percent and the trophy.
"Maiden" means a stallion, mare or gelding that has never won
				  a heat or race at the gate at which it is entered to start and for which a
				  purse is offered.
"Match race" means a race which has been arranged and the
				  conditions thereof agreed upon between the contestants.
"Matinee race" means a race with no entrance fee in where the
				  premiums, if any, are other than money.
"Meeting race" means the period (Sundays excluded), for which
				  a license to race has been granted to any one association by the
				  Commission.
"Net pool pricing" means the method of calculating
				  pari-mutuel prices established in 1995 that allow each jurisdiction to use
				  their take-out and breakage rates to calculate a pari-mutuel price without
				  jurisdictions altering their take-out rate and breakage rate to accommodate
				  another racing jurisdiction's takeout and breakage rates. Pari-mutuel prices
				  calculated using the Net Pool Pricing method may differ slightly for each
				  jurisdiction in the pari-mutuel pool.
"Off-time" shall mean the moment at which the official
				  starter says go, officially dispatching the horses in each contest.
"Overnight event" means a race for which entries close not
				  more than three days (omitting Sundays) before such race is to be contested. In
				  the absence of conditions or notice to the contrary all entries in overnight
				  events must close not later than 12 Noon the day preceding the race. An
				  association shall not demand entry fees from owners or trainers of horses
				  competing in an overnight event.
"Owner" means sole owner, part owner or lessee of a
				  horse.
"Paddock" means a man tight enclosure in which horses
				  scheduled to compete in a race program are confined prior to racing under the
				  supervision of paddock judge.
"Positive analysis" means when the analyst has accumulated
				  sufficient scientific data to specifically identify the suspected drug(s) or
				  foreign substance(s) present in the biological test sample.
"Post-mortem necropsy" means a thorough examination of a
				  horse's remains by a licensed veterinary practitioner to determine the cause of
				  death and other information about the condition of a deceased horse.
"Post position" means race positions shall be determined
				  publicly by lot in the presence of one or more Judges or their deputies, and at
				  least one trainer licensed by the Racing Commission. Post positions shall be
				  drawn at scratch time. Beginning from the inside rail, the horse shall take
				  their positions at the post in keeping with the numerical order resulting from
				  the public drawing.
"Protest" means a protest, except a protest involving fraud
				  may be filed only by the owner (or his authorized agent), trainer or driver of
				  a horse engaged in the race over which the protest is made or by a racing
				  official of the meeting. A protest involving fraud may be made by any person. A
				  protest, except a claim growing out of happenings in the running of the race,
				  must be made in writing, signed by the complainant, and filed with the Judges
				  at least 60 minutes before post time of the race in question. To merit
				  consideration, any protest over the status of an alleged maiden must be made in
				  writing, signed by the complainant, and filed with the Judges at least two
				  hours before and programmed post time for the race in which the protested
				  maiden is scheduled to run. A protest against a horse engaged in a race, and
				  filed with the Judges not less than 60 minutes before post time, shall receive
				  immediate consideration; and in default of proof within 30 minutes of post time
				  that the horse is qualified to start, the horse may be disqualified from
				  starting. To merit consideration, a protest against the programmed distance of
				  a race must be made at least 30 minutes before post time for that race. To
				  merit consideration, a protest against a horse based on a happening in a race
				  must be made to the Judges before the placing of the horses for that race has
				  been officially confirmed. If a driver wishes to protest a happening in a race,
				  he must so notify the Judges immediately after the finish of said race. Before
				  the consideration of a protest, the Judges may demand a deposit of $ 25.00 to
				  be made with the racing secretary. This deposit shall be applied to the costs
				  and expenses, as provided by this rule. Any excess shall be refunded unless the
				  protest is found to be frivolous, in which case the deposit may be assessed as
				  a fine. A person or persons lodging a protest must pay all the costs and
				  expenses incurred in determining the objection unless his objection is upheld
				  in which case the cost shall be paid by the offender. Pending the determination
				  of a protest, any money or prize won by a protested horse, or any other money
				  affected by the outcome of the protest shall be paid to and held by the racing
				  secretary until the protest is determined. The Judges are vested with power to
				  determine the extent of disqualification in cases of fouls. They may place the
				  offending horse behind such horses as in their judgment it interfered with, or
				  they may place it last. A protest may not be withdrawn without permission of
				  the Judges. No person shall make frivolous protests. The Judges shall keep a
				  record of all protests and complaints, and of any action taken thereon, and
				  shall report both daily to the Racing Commission.
"Race officials" includes the following, Racing Commission
				  representative and:
1. State steward
				and/or presiding judge;
2.
				Associate judges;
3. Finish wire
				judge;
4. Patrol judges;
5. Paddock judges;
6. Starter;
7. Timer;
8. Clerk of the course;
9. Race secretary;
10. Program Director.
11. The Commission may adjust the above
				roster as it deems necessary.
"Record" means the fastest time made by a horse in a heat or
				  dash which he won or in a performance against time.
"Respiratory bleeder" means a horse that shows evidence of
				  hemorrhaging from the blood vessels of the nose, accessory nasal cavities, the
				  pharynx, larynx and/or lung.
"Rules" means the rules and regulations promulgated by the
				  Commission.
"Scoring" means those preliminary practice starts taken by
				  the horses in a race after the post parade and before they are called by the
				  starter to line up for the start.
"Stake" means a race which shall be contested in a year
				  subsequent to its closing in which the money given by the association
				  conducting the same is added to the money contributed by the nominators all of
				  which except deductions for breeders or nominators awards belong to the winner
				  or winners. In any event all of the money contributed in nominating, sustaining
				  and starting payments must be paid to the winner or winners.
"Suspicious analysis" means when the biological sample being
				  tested is suspected of containing any drug(s) or foreign chemical substance(s),
				  however, the presence of other foreign substance(s) interferes with the
				  isolation, detection and identity of the suspected substance(s).
"Total calculator" means an electronic calculator (commonly
				  referred to as a totalizator), the design and function of which must be
				  approved by the Commission, installed for the purpose of designating straight
				  win, place and show wagering in the manner prescribed by the rules.
"Two in three" means in a two in three race, a horse must win
				  two heats or dashes to be entitled to first money.
"Walk-over" means when only horses of the same interest
				  start, a "walk-over" is entitled to all the stake money and forfeits unless
				  otherwise provided in the published conditions. To claim the purse, the entry
				  must start and go once over the course unless this requirement is waived by the
				  judges.
"Winner" means the horse whose nose reaches the wire first.
				  If there is a dead heat for first, both horses shall be considered winners.
				  Where two horses are tied in the summary, the winner of the longer dash or heat
				  shall be entitled to the trophy:
1.
				Where the dashes or heats are of the same distance and the horses are tied in
				the summary, the winner of the faster dash or heat shall be entitled to the
				trophy.
"Wire" means a real or imaginary line from the center of the
				  judge's stand to a point immediately across, and at right angles to the
				  track.