Virginia Administrative Code › Title 11 - GAMING › Agency 10 - VIRGINIA RACING COMMISSION › Chapter 110 - ENTRIES › Section 11VAC10-110-100 - Penalties and allowances

Current through Register Vol. 40, No. 24, July 15, 2024
The responsibility for claiming the weight penalties and
				  weight allowances shall rest with the trainer. The following provisions shall
				  apply to penalties and allowances:
1.
				Penalties are obligatory;
2.
				Allowances are optional as to all of the allowance or any part
				thereof;
3. Allowances must be
				claimed at the time of entry and cannot be waived after the closing of entries,
				except by permission of the stewards;
4. A horse shall start with only the
				allowance of weight to which it is entitled at the time of starting, regardless
				of the allowance it was entitled to at the time of entry;
5. Horses incurring penalties for a race
				shall not be entitled to any allowances, with the exception of age, sex or
				apprentice, for that race;
6. An
				apprentice allowance may be claimed only in overnight races and cannot be
				claimed in a stakes or handicap race;
7. Horses not entitled to the first allowance
				in a race shall not be entitled to any subsequent allowance specified in the
				conditions;
8. Allowances are not
				cumulative, unless specified in the conditions of the race;
9. Failure to claim an allowance is not cause
				for disqualifying the horse;
10. A
				claim of an allowance to which a horse is not entitled shall not disqualify the
				horse unless the incorrect weight is carried by the horse in the
				race;
11. A protest that a claim of
				an allowance is incorrect must be made in writing and submitted to the stewards
				at least one hour before post time;
12. No horse shall incur a penalty or be
				barred from any race for having finished second or lower in any race;
13. No horse shall be given a weight
				allowance for failure to finish second or lower in any race;
14. No horse shall receive an allowance for
				not winning in one or more races, but maiden allowances and allowances to
				horses that have not won a race within a specified period or a race of a
				specified value are permissible;
15. Penalties incurred and allowances due in
				jump races shall not apply to races on the flat and vice versa;
16. No horse shall incur a penalty for a
				placing from which it was subsequently disqualified, but a horse earning a
				placing through the disqualification shall incur the penalty for that
				placement;
17. When a race is under
				appeal, the horse that finished first and any other horse, which may be moved
				into first place, shall be liable for all penalties attached to the winner
				until there has been a final determination;
18. Any error discovered in the assignment of
				any penalty or claim of any allowance may be corrected, with the permission of
				the stewards, until 45 minutes prior to post time;
19. In determining eligibility, allowances
				and penalties, the reports, records and statistics as published in the Daily
				Racing Form and its monthly chart books or any similar publication shall be
				considered official; and
20. In all
				races, except handicaps and races where the conditions expressly state
				otherwise, two-year-old fillies are allowed three pounds and fillies and mares
				three years old and upward are allowed five pounds before September 1 and three
				pounds thereafter.
Statutory Authority
§ 59.1-369 of the Code of Virginia.