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. 6, March 18, 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:
"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:
"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:
"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:
"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.
