Whip rules in Britain changed

Sweeping changes to the controversial whip rules in Britain are set to come into effect before the Cheltenham Festival.

In his first major challenge since being appointed the British Horseracing Authority's new chief executive, Paul Bittar proposed fresh amendments which were approved at a board meeting on Tuesday.

The board has given the thumbs-up to a fundamental change to the rules governing use of the whip, which is due to be implemented in early March, together with revisions to the existing penalty structure, which come into effect on Thursday.

Rather than it being an automatic breach when a rider uses the whip eight times on the Flat and nine times over jumps, the figures become the trigger point for the stewards to review the ride in question.

Stewards will then consider how the rider has used the whip in the course of exceeding the allowed number before deciding whether a breach has occurred and a penalty is warranted.

Bittar said: "Over four months have passed since the introduction of the first set of rules following the whip review.

"Despite a number of changes to both the rule and the accompanying penalty structure it is clear that while many objectives of the review are being met, and in particular those pertaining to horse welfare, a rule which polices the use of the whip based solely on a fixed number of strikes is fundamentally flawed.

"While well intentioned, and in accordance with initial requests from the jockeys for clarity and consistency via a fixed number, in practice the new rules have repeatedly thrown up examples of no consideration being given to the manner in which the whip is used as well as riders being awarded disproportionate penalties for the offence committed.

"The challenge is to have in place a rule and penalty structure which meets the objectives for fairness and proportionality outlined in the Whip Review while retaining the positives which have been a product of the changes to date.

"These include the virtual removal of all serious breaches and an overall reduction in the number of offences.

"We are confident there is not a welfare problem associated with the use of the cushioned whip in British racing.

"The objective of this proposal is to keep jockeys riding to a similar standard as they are now with regard to their significantly reduced use of the whip, but with added discretion and common sense applied by stewards when considering whether a rider is in breach of the rules."

Bittar's aim has been to try to prevent the Cheltenham Festival being overshadowed by the issue that has dogged the sport under both codes since last October.

The revised penalty structure, which will take effect on Thursday, will also be retrospectively applied to suspensions still to be served.

One strike over will still warrant a two-day ban, but two more will now incur a four-day suspension, rather than five days as at present.

In a radical change, repeat offences at both the lower and upper level of whip offences will not result in the penalty multiplying. Each offence will now be treated on its merits.

Repeat offenders will, however, be referred to the disciplinary panel of the BHA.

Bittar added: "Prior to the implementation of the new whip rules, stewards policed cases of misuse of the whip based on similar principles to that outlined in the proposal.

"The difference with this proposal is the markedly lower and clarified threshold levels for when a ride will be reviewed.

"It is recognised that the most demanding challenge in relation to framing the rules on this subject is finding the balance between a proportionate penalty and one that also acts as an effective deterrent.

"In particular, the board recognises that this question may come under scrutiny in major races and reserve the right to make further revisions in the future."

Rules regarding use of the whip have been a continuing problem since the BHA introduced strict new regulations and penalties just a few days before Flat racing's new Champions Day at Ascot last October.

The timing appeared to have be misjudged, and it was not long before jockeys found it difficult to adhere to the changes without being allowed the chance for them to bed in.

Kieren Fox and Richard Hughes were the first jockeys to fall foul of new whip guidelines.

Fox was handed a 15-day ban at Salisbury after hitting Orthodox Lad 11 times - seven times inside the final furlong - when winning by a short head.

Hughes was given five days in the same race after finishing third on Swift Blade, who was adjudged to have been hit six times inside the final furlong.

Both jockeys lost their percentage of prize-money and had to forfeit their riding fee.

Hughes then briefly handed in his riding licence after being banned for a further 10 days at Kempton.

He said there had been no consultation between the BHA and riders over the exact details of the new whip rules.

Top French jockey Christophe Soumillon reacted with fury to receiving a ban and forfeiting over £50,000 in prize-money after being found to have hit Qipco Champion Stakes winner Cirrus Des Aigles six times in the final furlong at Ascot. That was subsequently overturned.

It was not long before the PJA and the BHA were in discussions to try to defuse the issue, but it has dragged on through the winter.

There was intense speculation jockeys might strike, and it almost happened after Ruby Walsh was banned at Aintree on October 22.

Frankie Dettori and Tony McCoy, arguably the two biggest names in racing, have been among the many riders to have fallen foul since the new rules were implemented.

Following the announcement, Paul Struthers, Chief Executive of the PJA, said: "The PJA is pleased by today's decision by the British Horseracing Authority to make important amendments to both the rules and the penalties relating to the use of the whip within racing.

"The adjustment to the penalty regime is welcome, as the previous penalty structure was not appropriate. However, of greater importance is the general change of approach to how the rules are fundamentally framed and applied, which was the overriding issue, not just for jockeys but for racing generally.

"This change recognises that a 'grey' issue cannot be proportionately and fairly regulated by a 'black and white' rule, and that jockeys are skilled horsemen who care passionately about horses and are being denied the ability to use their full skill and judgement throughout the course of the race.

"If this is implemented as the PJA believes is the intention, Jockeys will no longer be punished for genuine, wholly unintended mistakes nor for otherwise perfectly acceptable rides. I will continue the dialogue with the BHA as they finalise the guidelines for how this approach will be implemented.

"Around 90% of the offences under the rules that came into force in October 2011 would not have come close to constituting an offence under the old rules. Jockeys have collectively made Herculean efforts to change their riding styles overnight and deserve enormous credit not just for that but for their patience whilst discussions to find a sensible solution to the major issues were taking place.

"There might still need to be further minor adjustments and the PJA will continue to work closely with the BHA as part of the on-going monitoring. However, everyone hopes that once the revised interpretation of the rules comes into force, racing can return to talking about the positives, rather than focusing on and reinforcing an inaccurate and unwarranted impression of both the sport and its jockeys.

"This has been an on-going process over the last two months and I would therefore like to extend credit to my predecessor Kevin Darley for his efforts. Just because the PJA did not publicly and explicitly speak about certain concerns does not mean that they were not raised as fundamental issues for its members."