B. Discussion of the Issue and Problem
What specific problems or concerns are involved in this issue?
To take a jockey off his mount without averaging two (2) breath analysis is unfair for the jockey, trainer or the owner. Also, if groundman (gate crew) is a danger for the jockey it is unfair to owners and trainers because they are short of personnel working on the gate which causes a danger to everyone. If a person just finished brushing his teeth or rinsing his or her mouth with mouthwash they could blow over the first time, than 20 minutes later it will be zero.
Who does the issue affect?
The jockey, trainer, owners, groundman, bettors, valets.
What existing HRA rules relate to this issue?
Rule 300 (1)
(A) Show a reading of more than 50 milligrams of alcohol in one hundred milliliters of blood, that person is suspended from their duties immediately, gets a 10-day suspension and $150.00 fine.
C. Possible Solutions and Impact
What solution does this proposal provide?
This proposed rule would be the average of 2 readings, if the average is below the 50 milligrams of alcohol that person is good to work. The average of two readings was in the rule book from the day we started to use the breathalyzer (early 90’s) right up to 2021.
How will the solution fix the problem?
Jockeys, gate crew will be able to work. Owners and trainers will have the jockey they want on their horses. Safer at the gate, more help.
How will the change affect any entities or stakeholders?
It will be in a positive way.
How will you or your organization be affected by the proposed change?
What are the benefits of the proposed change?
The Trainer and owners would get the jockey that they wanted, safely if all the gate crew are available.
What are the possible drawbacks of the proposed change?
There is no drawback on this rule petition.
D. Please identify any affected stakeholder groups that expressed support or opposition.
(These stakeholders may include the racetracks, breed registries, owners , trainers, jockeys, veterinarians, or others.)
HBPA, Jockeys Guild. Everybody is on board to have the rule change as it was before 2021.
Are there any affected stakeholder groups that have not been consulted on this proposal?
No
Please attach any formal letters of support or opposition by stakeholder groups. Files must be .pdf, .doc, .docx, or .txt format a nd under 3072k for the system to accept the submission. You can add a maximum of 3 attachments.
E. Attach the rule language you are proposing. Please show new language in a new paragraph below the current wording. If you are proposing that current rule language be eliminated, please indicate the text to be deleted with [delete: sample deleted copy]
Rule 300g(1)(A) Prohibited blood/alcohol concentration
(1) A racing official or racing participant violates these rules if they show a blood/alcohol concentration reading of more than 50 milligrams of alcohol in one hundred milliliters of blood.
New Proposed rule
(1) A racing official or racing participant violates these rules if they show a blood/alcohol concentration reading of more than 50 milligrams of alcohol in one hundred milliliter's of blood in an average of 2 breath analysis tests taken 20 minutes apart.
F. Do any racing jurisdictions currently have a version of this rule in effect? If yes, please attach copies of those rules.
Ontario, British Columbia and Winnipeg. Horse Racing Alberta when they first started testing for Alcohol in the early nineties.
G. Review the Rules Governing Horse Racing in Alberta and identify any other Rules this change would affect and submit proposed amendments to those rules to comply with changes that would be made by this proposal.
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