Grant of Licences and other matters

90.  (1)  The Controlling Body may by licence regulate any activity connected with the harness racing industry.

(3)  A person applying to be relicensed with a Controlling Body shall, if previously licensed by another Controlling Body or recognised harness racing authority, provide a written clearance from that Controlling Body or recognised harness racing authority detailing the status of the person relating to current penalty, debt or other embargo. 

(4)  The Controlling Body may grant a licence for such period and upon such terms and conditions as it thinks fit.

(5)  An application for a licence may be refused by the Controlling Body without assigning any reason. 

(6)  An applicant for a licence or an existing licence holder shall if found guilty of a crime or offence which is punishable by term of imprisonment immediately notify the Controlling Body or Stewards of that finding of guilt.

(7)  A licence may be suspended or cancelled:

    (a)    by the Controlling Body or the Stewards for breach of a term or condition of the licence, or
    (b)    by the Controlling Body where the Controlling Body is satisfied that the person holding the licence is not a fit and proper person to be associated with harness racing.

(8)  The type, grade or class of a licence held by a person may be varied by the Controlling Body or by the Stewards.

(9)  The terms or conditions attaching to a type, grade or class of licence may be varied by the Stewards or the Controlling Body.

Drivers Licence

90A.  (1.1)  Application for a driver’s licence Grades C, B or A shall be made on form R90-A.

(1.2)  A Grade C licence shall not be granted to a person younger than 15 years and a Grade B or Grade A licence shall not be granted to a person younger than 16 years.

(1.3)  Unless the material is already on file with the Controlling Body an applicant for a driver’s licence of each grade shall furnish with the application -

(a)  two recent passport photographs;

(b)  certified extract of birth;

(c)  the applicant’s police record.

(1.4)  The Controlling Body at any time may request an applicant or licensee to furnish further copies of the material mentioned in sub rule (1.3).

(1.5)  An applicant for a driver’s licence shall be interviewed by the Stewards.

(1.6)  A successful applicant will be issued with a licence card or document by the Controlling Body which must be produced to the Stewards or persons authorised by the Controlling Body on demand.

(1.7)  An applicant or licensee shall immediately notify the Controlling Body of any change to personal particulars.

(1.8)  It is a term and condition of a driver’s licence that all training modules specified by the Controlling Body shall be completed satisfactorily by the licensee.

(1.9)  The holder of a driver’s licence -

(a)  Grade C, is licensed to drive at trials, to carry out track work and to drive at any meeting to prepare a horse to race at that meeting other than during the horse’s immediate pre-race preliminary.

(b)  Grade B, has the driving licence rights mentioned in (a) and is licensed to drive at restricted meetings and, other than in races of a metropolitan class, at country or provincial meetings, including country or provincial class meetings at metropolitan sites;

(c)  Grade A, has the driving licence rights mentioned in (a) and (b) and is licensed to drive at any meeting.

(1.10)  The holder of a driver’s licence who, on expiration of the licence, desires to make application for a new licence of the same grade may make such application on form R90-B.

(1.11)  The holder of a driver’s licence Grade C who desires to upgrade to a Grade B licence, shall make application on form R90-C.

(1.12)  The holder of a driver’s licence Grade B who desires to upgrade to a Grade A licence, shall make application on form R90-D.

(1.13)  If required by the Controlling Body an applicant for a driver’s licence shall pay as directed a sum to effect insurance relating to the applicant in such amount and of such type as the Controlling Body may decide.

Trainers Licence

(2.1)  Application for a trainer’s licence Grades C, B or A shall be made on form R90-A.

(2.2)  A trainer’s licence will not be granted to a person younger than 18 years.

(2.3)  Sub rules (1.3), (1.4), (1.5), (1.6), (1.7), (1.8), (1.10) and (1.13) apply equally to an applicant for a trainer’s licence, a licensed trainer and a trainer’s licence, as the case may be.

(2.4)  An applicant for a trainer’s licence must furnish 2 references from licensed trainers with the application and must own, lease or otherwise have available for use stables which in the opinion of the Controlling Body are suitable for the training of standardbred horses.

(2.5)  If required by the Controlling Body evidence shall be furnished of the financial capacity of an applicant for a trainer’s licence Grades C or A to operate a training establishment.

(2.6)  An applicant for a trainer’s licence Grade A must have satisfactorily completed all training modules applicable to a trainer’s licence Grade B and held such licence for not less than 12 months unless the Controlling Body decides otherwise.

(2.7)  The holder of a trainer’s licence -

(a)  Grade C, is licensed to prepare, educate and exercise a horse, but cannot trial it or nominate it to race;

(b)  Grade B, is licensed to train a horse which the person owns or partly owns or which is owned by the person’s spouse, other domestic partner, parent, sibling or child, or any horse approved by the Controlling Body upon the written application of the person;

(c)  Grade A, is licensed to train any horse.

(2.8)   (a)  The Controlling Body may grant a trainer’s licence to a person to train only in partnership with up to three persons.

(b)  Subject to sub-rule 2.8(c) each partner shall be subject to any penalty that may be imposed under the Rules on any other partner.

(c)  If a partner other than the partner upon whom the penalty is imposed satisfies the Stewards that the penalty was not imposed for a breach of any Rule directly related to the training of a horse then the Stewards may determine that the penalty does not apply to that partner.

(d)  (i)  A  partner  shall  give  notice  in  writing  to  the  Stewards  of  his intention to withdraw from or dissolve the partnership.

      (ii)  Upon receipt of such notice the Stewards may order that any horse trained by the partnership shall not be eligible to race until the Stewards are satisfied that the horse is being trained in accordance with the  Rules.

(2.9)  (a)  The holder of a trainer's licence shall ensure that all persons carrying out the activities of a stable hand are licenced as stable hands. 

(b)   A trainer who fails to comply with sub-paragraph (a) is guilty of an offence.

(2.10)  (a)  A trainer is at all times responsible for the administration and conduct of his stables.

(b)  A trainer is at all times responsible for the care, control and supervision of the horses in his stables.

(c)  If a trainer is to be absent from his stables for a period exceeding forty eight (48) hours he must after obtaining the approval of the Stewards nominate a licensed or registered person to be in charge of such stables during his absence. 

(d)  If a trainer is unable to attend a race meeting where any horse trained by him is engaged to race:-

     (i)  He must nominate in writing his licensed stable representative or another licensed trainer to be responsible for such horse at the meeting.

     (ii)  The nomination must be notified to the Stewards no later than one (1) hour prior to the advertised starting time of the race.

     (iii)  The nomination must be accompanied by the written consent of the nominee accepting such nomination.

     (iv)  The nomination cannot be further delegated.

(e)  Any nomination by the trainer in accordance with sub-rules (c) and (d) does not relieve the trainer of the responsibilities imposed by sub-rules (a) and (b).

Stablehands Licence

(3.1)  Application for a stablehand’s licence shall be made on form R90-A.

(3.2)  A stablehand’s licence shall not be granted to a person younger than 14 years.

(3.3)  Sub rules (1.3), (1.4), (1.6), (1.7), (1.8), (1.10) and (1.13) apply equally to an applicant for a stablehand’s licence, a licensed stablehand and a stablehand’s licence, as the case may be.

(3.4)  The holder of a stablehand’s licence is licensed, under the supervision or instructions of a licensed trainer, to -

(a)   carry out track work; 

(b)  assist with the training, management, care and control of horses;

(c)  assist with pre-race preparation of, and post race procedures affecting, a horse.

Studmasters and
Articificial Breeding Technicians Licence

(4.1)  Application for a studmaster’s licence or an artificial breeding technician’s licence shall be made on form R90-E.

(4.2)  A licence referred to in sub rule 4.1 will not be granted to a person younger than 18 years.

(4.3)  Sub rules (1.3), (1.4), (1.6), (1.7), (1.8), (1.10) and (1.13) apply equally to an applicant for a studmaster’s licence or an artificial breeding technician’s licence, a person holding either licence, and to either licence, as the case may be.

(4.4)  The holder of a studmaster’s licence is licensed -

(a)  to take responsibility for the care and control of horses at a stud;

(b)  to take responsibility for breeding activities at a stud other than those for which an artificial breeding technician is responsible.

(4.5)  The holder of an artificial breeding technician’s licence who is a registered veterinary surgeon, is licensed to carry out all techniques and procedures of artificial breeding.

(4.6)  The holder of an artificial breeding technician’s licence who is not a registered veterinary surgeon, is licensed to carry out all techniques and procedures of artificial breeding apart from those relating to embryo transfer.

(4.7)  The holder of an artificial breeding technician’s licence may hold and deal with semen collected from a stallion not standing in Australia during the breeding season.

Medical Standards

(5.1)  An applicant who fails to satisfy the medical requirements attaching to a licence, may be licensed to perform such activities as the Controlling Body deems appropriate.

(5.2)  Sub rule 5.1 does not apply to an applicant for a driver’s licence.

Offences

91.  (1)  A person shall not carry on an activity regulated by licence -

(3)  Notwithstanding sub-rule 1(b), unless otherwise determined by the Stewards a driver who is suspended is eligible to drive in a trial other than a time trial.

(4)  A person who fails to comply with Rule 90A sub-rule (1.6) or sub-rules (2.3), (3.3) and (4.3) insofar as they relate to sub-rule (1.6) is guilty of an offence.