WSR 18-03-049
[Filed January 10, 2018, 8:54 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-17-066.
Title of Rule and Other Identifying Information: WAC 260-52-045 The riding crop.
Hearing Location(s): On March 9, 2018, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.
Date of Intended Adoption: March 9, 2018.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email, fax 360-459-6461, by March 2, 2018.
Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, TTY 360-459-6462, email, by March 6, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To define a "chance to respond." There are no anticipated effects.
Reasons Supporting Proposal: Gives the board of stewards and jockeys a definition of what a "chance to respond" is considered when reviewing for possible abuse of the riding crop.
Statutory Authority for Adoption: RCW 67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington horse racing commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.
January 10, 2018
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION (Amending WSR 10-07-050, filed 3/11/10, effective 4/11/10)
WAC 260-52-045 The riding crop.
(1) Only riding crops approved by the stewards and meeting the following specifications will be allowed:
(a) Maximum weight of 8 ounces;
(b) Maximum length (including flap) of 30 inches;
(c) Minimum diameter of the shaft of one-half inch; and
(d) The contact area of the shaft must be smooth with no protrusions or raised surface.
(2) The only additional feature that may be attached to the riding crop is a flap. If a flap is attached it must meet the following specifications:
(a) Maximum length of the flap from the end of the shaft is one inch;
(b) Maximum width of the flap is 1.6 inches, with a minimum width of 0.8 inch;
(c) The flap, from the end of the shaft, may not contain any reinforcements or additions;
(d) There may be no binding within 7 inches of the end of the flap;
(e) The flap must be humane, cushioned with memory foam or other similar shock absorbing material, unaltered from the original manufacturer, and sewn down each side of the outer layer;
(f) The flap must be dark in color and made of a material that does not harden over time; and
(g) The requirement for the riding crop is waived for Class C race meets as defined in RCW 67.16.130.
(3) The riding crop is subject to approval by the stewards and subject to inspection by any steward, commission racing official, official veterinarian, or investigator.
(4) Although the use of a riding crop is not required, any jockey who uses a riding crop during a race may do so only in a manner consistent with exerting his/her best efforts to win. In all races where a jockey will ride without a riding crop, an announcement will be made over the public address system. No device designed to increase or retard the speed of a horse, other than an approved riding crop is permitted on the grounds of any racing association. Riding crops may not be used on 2-year-old horses before April 1 of each year.
(5) Prohibited uses of the riding crop include striking a horse:
(a) On the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse;
(b) During the post parade or after the finish of the race, except when necessary to control the horse;
(c) Excessively or brutally causing welts or breaks in the skin;
(d) When the horse is clearly out of the race or has obtained its maximum placing;
(e) Persistently even though the horse is showing no response under the riding crop; and
(f) Striking another rider or horse.
(6) The riding crop should only be used for safety, correction, and encouragement. All riders should consider the following when using the riding crop:
(a) Showing the horse the riding crop and giving the horse time to respond before striking the horse;
(b) Giving the horse the chance to respond before using the riding crop again; ((and))
(c) A chance to respond is defined as one or more of the following actions:
(i) Pushing on their horse with a rein in each hand keeping the riding crop in the up or down position;
(ii) Showing the horse the riding crop without making contact; and
(iii) Moving the riding crop from one hand to the other.
(d) Using the riding crop in rhythm with the horse's stride.
(7) After the race or during training all horses are subject to inspection by a steward, official veterinarian, commission racing official, or investigator.
(8) Any trainer, owner, or other licensee that instructs a jockey to use the riding crop in a manner not consistent with these rules may be subject to disciplinary action.