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2009/18: Australian horse-racing: are the new regulations restricting the use of whips appropriate?<BR>

2009/18: Australian horse-racing: are the new regulations restricting the use of whips appropriate?

What they said...
'The whip is a stimulant that prompts a reaction from a horse because it hurts. That is undeniable. There's no pretty way to say it; horses are whipped for our entertainment'
Patrick Smith, a journalist for The Australian

'The whip does not inflict pain, simple as that'
John van Veenendaal, senior veterinarian at the Flemington Equine Clinic

The issue at a glance
From August 1, 2009, a new set of restrictions were imposed on all jockeys in Australia, limiting the manner in which they could use the whip on their mounts during a race. The Australian Jockeys Association claimed these regulations were unworkable and unsafe and threatened to conduct a series of strikes.
The regulations had been developed and will be enforced by the Australian Racing Board (ARB). In response to the jockeys' protests the ARB modified the new regulations, giving jockeys greater freedom to use the whip in the last hundred metres of a race.
The modifications have partially mollified the jockeys, while the more rigorous regulations have pleased animal welfare groups; however, the compromise has completely satisfied neither set of interest groups.
The new regulations will be reviewed on February 1, 2010. It is probable that various groups within the racing industry as well as various animal welfare groups will challenge the new regulations, each from a very different perspective.

Background
The Australian Racing Board determined that the following set of regulations should come into force from August 1, 2009. These rules can be read at http://www.racingvictoria.net.au/p_New_Australian_Whip_Rules.aspx

NEW WHIP RULES EFFECTIVE 1ST AUGUST 2009
AR137A.

(1) (a) Only padded whips of a design and specifications approved by a panel appointed by the Australian Racing Board may be carried in races or official trials.
(b) Every such whip must be in a satisfactory condition and must not be modified in any way.
(c) The Stewards may confiscate any whip which in their opinion is not in a satisfactory condition or has been modified.
(d) Any rider who has been found guilty of a breach of this subrule may be penalised. Provided that the master and/or other person who is in charge of an apprentice jockey at the relevant time may also be penalised unless he satisfies the Stewards that he took all proper care to ensure the apprentice complied with the rule.

(2) Only whips of a design and specifications approved by a panel appointed by the Australian Racing Board may be carried in trackwork.

(3) The Stewards may penalise any rider who in a race, trial or trackwork, or elsewhere uses his whip in an excessive, unnecessary or improper manner.

(4) Without affecting the generality of subrule (3) of this rule, the Stewards may penalise any rider who in a race or trial uses his whip -
(a) forward of his horse's shoulder or in the vicinity of its head; or
(b) using an action that raises his arm above shoulder height; or
(c) when his horse is out of contention; or
(d) when his horse is showing no response; or
(e) after passing the winning post; or
(f) causing injury to his horse; or
(g) when his horse is clearly winning; or
(h) has no reasonable prospect of improving or losing its position, or
(i) in such manner that the seam of the flap is the point of contact with the horse, unless the rider satisfies the Stewards that this was neither deliberate nor reckless.

(5) In a race or trial a rider using the whip must give his horse time to respond and, other than on one occasion in the last 200 metres when the whip may be used in three consecutive strides, the whip shall not to be used in consecutive strides, other than in a slapping motion down the shoulder, with the whip hand remaining on the reins, or alternatively in a backhand manner.

(6) A rider shall not use the whip more than 5 times prior to the 200 metres other than with a slapping motion down the shoulder, with the whip hand remaining on the reins, or alternatively in a backhand manner

(7) (a) Any trainer, owner or authorised agent must not give instructions to a rider regarding the use of the whip which, if carried out, might result in a breach of this rule.
(b) No person may offer inducements to a rider, to use the whip in such a way that, if carried out, might result in a breach of this rule.

(8) Any person who fails to comply with any provisions of this rule is guilty of an offence

On September 23, it was announced that the Australian Racing Board had modified the new regulations to allow jockeys to use the whip at their own discretion in the last 100 metres of a race. The Australian Racing Board announced that, instead of restricting jockeys to seven hits in the final 100 metres, jockeys would be allowed to use the whip as many times as they wanted.
It was the second time the rules had been relaxed since jockeys in four states held a snap strike earlier in September, saying the tougher rules were dangerous because they made it harder to control horses.
The new rule came into force on Saturday September 26, 2009, but will be on trial until a review on February 1. A jockey can now whip a horse in a forehand motion up to five times before the last 100 metres of a race and as many times as he likes to the finish of the race. That could be as many as 12 hits in the final 100 metres - one per stride.

Internet information
In August 1991 The Senate Select Committee on Animal Welfare published its report into Aspects of Animal Welfare in the Racing Industry. The report included the Committee's recommendation that regulations regarding the use of the whip be strengthened and that consideration be given to banning its use. A pdf file of the report can be linked to from http://www.aph.gov.au/senate/committee/history/animalwelfare_ctte/welfare_racing_industry/

The regulations governing the use of the whip in the British racing industry can be found at the British Horseracing Authority's Internet site. The detailed rules together with a click-through to the Authority's official policy of the use of whips can be found at http://www.britishhorseracing.com/inside_horseracing/about/whatwedo/disciplinary/whipuse.asp

On July 18, 2009, Queensland's The Morning Bulletin published an article essentially promoting the new padded whips. Titled, 'Horses get break with "soft" whip' and written by Tony McMahon, the full text of the article can be found at http://www.themorningbulletin.com.au/story/2009/07/18/horses-get-break-with-soft-whip/

On July 27, 2009, Racing Victoria published an explanation of the new whip rules (including an explanatory video) on its Internet site. The explanation can be found at http://www.racingvictoria.net.au/p_New_Australian_Whip_Rules.aspx

On August 30, 2009, The Daily Telegraph published a report detailing the negative reaction within the racing industry to the new regulations restricting the use of the whip. The report is titled 'Cruelty ban on jockey whips has horse racing in a lather'
The full text of the report followed by 64 readers' comments can be read at http://www.dailytelegraph.com.au/news/sunday-telegraph/cruelty-ban-on-jockey-whips-has-horse-racing-in-a-lather/story-e6frewt0-1225767344497t"

On September 7, 2009, 3AW's Peter Maher interviewed a number of racing industry spokespeople on the question of whether there should be limits imposed on how often a whip should be used. The interviews are accompanied by a text response to the question 'Should the whip be banned from racing?' These interviews and the supporting text can be found at http://www.3aw.com.au/blogs/3aw-generic-blog/ban-the-whip-from-horse-racing/20090907-fdze.html

On September 15, 2009, the Sydney Morning Herald published an opinion piece by John Schreck, who has acted as deputy chairman of stewards for the Victoria Racing Club, the chairman of stewards for the Australian Jockey Club, director of racing for the Macau Jockey Club, and chief stipendiary steward for the Hong Kong Jockey Club.
In the piece titled, 'A frenzy whipped up, but racing can't distance itself from community standards', Mr Schreck argues that horse racing cannot be conducted in a way that does not accord with community standards. The full text of the article can be found at http://www.smh.com.au/news/sport/horseracing/a-frenzy-whipped-up-but-racing-cant-distance-itself-fromcommunity-standards/2009/09/14/1252780269939.html

On September 23, 2009, the RSPCA published a media release titled, 'Money talks: new whip rules out the window'. The media release was a protest against the decision of the Australian racing Board to soften its new whip regulations and increase the number of times jockeys can strike their mounts over the last 100 metres of a race.
The full text of the media release can be found at http://www.rspca.org.au/news/money-talks-new-whip-rules-out-the-window.html

Arguments in favour of the new regulations restricting the use of the whip
1. The use of the whip on racehorses is animal cruelty
It has been claimed by critics of the practice, that striking racehorses with a whip is animal cruelty.
In December, 2008, Animal Liberation Australia issued a media release stating, 'It is a national disgrace that racehorses in Australia have continued to be subjected to physical pain and psychological stress despite a view expressed by the Senate Select Committee into [the] welfare of horses in 1991 that whips should be eliminated.... race horses are plagued by lameness, stomach ulcers and .... bleeding of the lungs... [This indicates] that they are routinely pushed far beyond their natural limitations. The extreme stress they experience may result in catastrophic cardiovascular or respiratory failure known as sudden death, and catastrophic muscular-skeletal injuries (there were 180 such fatalities on Victorian racecourses between 2001 and 2004).
The Royal Society for the Prevention of Cruelty to Animals (RSPCA) has outlined the cruelty which the Society believes is involved in whipping racehorses. The Society has stated, 'Whips can cause pain, bruising and inflammation and a horse whipped excessively in any other context would be protected by state-based animal cruelty laws. People are so accustomed to jockeys whipping their horses that it's not necessarily deemed as cruel.'
Concern has also been expressed that even using the new padded whips constitutes cruelty. Dr Hugh Wirth, a veterinarian and national RSPCA President, rejects claims that the new variety of whips causes no pain at all. Dr Wirth has stated, 'I know it hurts because I've had one used on me. I got someone to belt me with a padded whip to test it. It hurt all right ... I've been treating horses for 45 years and they are very sensitive creatures. A needle prick hurts them.'
This point has also been made by Patrick Smith, a journalist for The Australian. In an opinion piece published on September 5, 2009, Patrick Smith wrote, 'The racing industry likes to use the euphemism "encourage" when discussing the purpose of the whip. Let's take a more sensible look at that. Senior vets rightly explain that the whip is a stimulant. That's obvious enough. It is hardly likely that being struck by the whip - padded or not - is a positive, pleasurable experience. Horses would not run faster because being whipped is a feel-good sensation. So the whip is a stimulant that prompts a reaction from a horse because it hurts. That is undeniable. There's no pretty way to say it; horses are whipped for our entertainment.'

2. Other nations have stricter regulations limiting the use of the whip
It has been claimed that even the new regulations now in place in Australia are less rigorous than those that pertain in other countries. The regulations developed in the United Kingdom are sometimes cited as an example of how racehorses can be protected from the excessive use of the whip.
The British Horseracing Authority allows the use of the whip 'only for safety, correction and encouragement - anything else is unacceptable'. 'Use for "safety" would include using the whip to assist in avoiding a dangerous situation. Use for "correction" is similar and would include swinging as well as using the whip to keep a horse running straight. The use of the whip for "encouragement" is permitted only on the basis of: showing the horse the whip and giving it time to respond; using the whip in the backhand position for a reminder; having used the whip, giving the horse a chance to respond before using it again; keeping both hands on the reins when using the whip down the shoulder in the backhand position; using the whip in rhythm with the horse's stride and close to its side. Whips should only be used on the quarters with the whip in either the backhand or forehand position or down the shoulder with the whip in the forehand position.'
Jockeys are specifically prohibited from hitting horses to the extent of causing injury; with the whip arm above shoulder height; rapidly without regard to their stride, i.e. twice or more in one stride;
with excessive force; and without giving the horse time to respond. Jockeys are also prohibited from hitting horses which are showing no response; out of contention; clearly winning; or past the winning post.
Critics of the regulations that apply in Australia argue that they offer far less protection to racehorses than those in place in nations such as Great Britain.

3. The regulations have been amended to take into account jockeys' concerns
It has been claimed that the racing industry, and particularly the jockeys, have no cause for complaint as the Australian Racing Board has responded to their concerns and modified the new regulations accordingly.
On September 23, it was announced that the Australian Racing Board (ARB)had modified the new regulations to allow jockeys to use the whip at their own discretion in the last 100 metres of a race. The Australian Racing Board announced that, instead of restricting jockeys to seven hits in the final 100 metres, jockeys would be allowed to use the whip as many times as they wanted.
It was the second time the rules had been relaxed since jockeys in four states held a snap strike earlier in September, saying the tougher rules were dangerous because they made it harder to control horses.
The new rule came into force on Saturday September 26, 2009, but will be on trial until a review on February 1. A jockey can now whip a horse in a forehand motion up to five times before the last 100 metres of a race and as many times as he likes to the finish of the race. That could be as many as 12 hits in the final 100 metres - one per stride.
The ARB chief executive Andrew Harding has stated, 'The effect of these changes is to further reduce the total level of potential use of the whip while at the same time addressing issues of concern that have been identified by participant groups.'
The Australian Jockeys' Association president Ross Inglis said that jockeys were pleased with the changes made to the new regulations.

4. The whip is currently being used unnecessarily
It has been argued that the use of the whip on racehorses is excessive and may well not be necessary at all. It has been claimed that the whip is frequently used on horses that are clearly out of contention or are already running as hard as they can. It has also been claimed that some horses react adversely to the whip and actually run less fast when struck with it. When these behaviours occur, critics note, the whip is being used for no justifiable purpose.
In a submission to the 1991 Senate Select Committee on Animal Welfare Inquiry into Aspects of Animal Welfare in the Racing Industry, the Australian and New Zealand Federation of Animal Societies has stated, 'The use of the whip is not a necessity as many races are won without it. A lot of horses ... do not respond. While some may try to run away from it, or more rarely dig the toes in and slow down, most non-responders simply show no increase in acceleration.
Some horses will fear the whip and may gallop faster when threatened. Others will resent it so much that they will slow down or come to a sudden halt every time the whip is lifted. Some will lash out violently each time the whip descends.
The whole object of the whip would appear to be to increase the inherent sense of panic present in most racehorses when galloping at their hardest. If a racehorse has put all its energy and stamina into a race, no useful purpose is served by whipping it. If a horse has given his all, then no amount of whipping will produce any extra response.'
It has also been claimed that the use of the whip is a mark of poor horsemanship and that a good jockey should be able to urge on his mount through the use of hands and heels. Dr Hugh Wirth, a veterinarian and the national president of the Royal Society for the Prevention of Cruelty to Animals, has stated, 'The need to whip a horse in order to make it perform better has long been disproved, that in fact we should convert from any form of whipping whatsoever to simply hands and heels riding.'

5. The treatment of racehorses needs to be brought into line with community standards
It has been claimed that if the racing industry wishes to retain popular support, it must ensure it does not outrage community standards regarding the proper treatment of horses.
On September 15, 2009, The Age published the views of John Schreck, who has acted as deputy chairman of stewards for the Victoria Racing Club, the chairman of stewards for the Australian Jockey Club, director of racing for the Macau Jockey Club, and chief stipendiary steward for the Hong Kong Jockey Club.
John Schreck has stated, 'Racing is moving away from the indiscriminate use of the whip to a riding style that is more appealing to the public. And I promise you, in time, the product will be more acceptable to the general public.
Despite what some industry participants may want, they must understand that racing cannot divorce itself from broader community standards. And concern about whip use on horses is not new.
About 45 years ago, Wally Hoysted, a member of one of Australia's most famous racing families, walked on to Flemington track on race day with a double-barrelled shotgun. Hoysted wanted the use of whips stopped. To prove he was ''fair dinkum'', he fired off one barrel. He was arrested, convicted, fined and jailed. He claimed it was wrong to allow horses to be whipped when they were doing their best, when if someone ''belted'' a dog, they would be in breach of the law and end up in court. His point is still one of the hottest issues in racing today.
But now the Australian Racing Board has addressed the issue. It should be commended, not ridiculed. And remember, the current rule was put forward by the chairman of stewards.'
Queensland Racing Limited's (QRL) young chief steward Wade Birch, Queensland Racing Limited's chief steward, has also stated with regard to the padded whip and the new regulations, 'The welfare of horses must come first. These new rules have been introduced to bring about a better community standing towards horse racing in regard to the use of a whip.
Stewards, administrators, jockeys, trainers and owners have agreed Australia-wide that the cushion whip and it's usage in races is for the betterment of racing. It is the way to go.'
It has further been noted that although attendance at racetracks has declined in recent years, with the televised coverage of races the number of spectators actually observing the jockeys' use of the whip in close-up has increased. It has been suggested that televised horse races make it even more important that whips are used in a way that coincides with community standards.

Arguments against the new regulations restricting the use of the whip
1. The new padded whips should make further regulation unnecessary
It has been claimed that the new padded whip are so painless that the make further regulation virtually unnecessary.
John van Veenendaal, senior veterinarian at the Flemington Equine Clinic has said that the feel inflicted by padded whips was akin to a footballer offering a teammate a tap on the behind.
Van Veenendaal has claimed that the whip debate should be 'knocked on the head' by the 'scientific fact they don't hurt'. He has claimed, 'The whip does not inflict pain, simple as that...I heard Hugh Wirth (RSPCA) make an extraordinary statement, along the lines of, "If you hit me on the bum with one of those padded whips, it'd hurt'"
The sensory perception of humans is totally different to that of horses. It is simply a ludicrous analogy. If you research it, that is the fact.'
Van Veenendaal has also claimed that the whip had evolved in a way that should satisfy animal welfare groups.
Van Veenendaal has stated, 'Go back 20 years. The whip was far more flexible and hurt. You'd see welts on horses. That was a measure of pain. But since the padded whip came in, you just don't see it. Jockeys have also become a lot more conscious of putting the whip away when a horse obviously resents it.
Overwhelmingly, what we're seeing is jockeys allowing horses to run and chase, and enjoy themselves. The whip has become little more than an encouragement device and a steering guide.'

2. Horse racing is not cruel and needs no further regulation
It has been claimed that neither owners, trainers, nor jockeys wish to harm horses and that the use of the whip is an encouragement and a guide for safety purposes. It has further been claimed that horses have been breed specifically for racing to the point where it is a natural activity for them and one for which they do not need to be beaten in order to perform.
Des O'Keefe, of the Australian Jockeys' Association, has claimed that horse welfare is at the front of the industry's mind all the time. Mr O'Keefe has stated of whip use, 'It's encouragement for an athletic horse to do its best, not under pain or discomfort. It's also been a tool of the trade to correct horses that are running in or running out.'
It has further been claimed that there is evidence, notably from the behaviour of foals, that despite the huge physical demands of galloping, slowing, accelerating, jostling for position involved, the horses may enjoy racing. Veterinarian and horse researcher, Dr McGreevy has argued, 'The horse is a thoroughbred, selected over three centuries for nothing but racing.'
The Welfare Guidelines for Australian Thoroughbred Horse Racing make it clear that the horses' wellbeing is the central consideration. These Guidelines make it appear that further regulation is unnecessary.
The Guidelines state, 'The Australian racing industry is committed to the welfare of the Australian racehorse.' They further state 'At all stages during the preparation and presentation of horses for racing their welfare should be a primary consideration.
The housing, feeding and training of racehorses should be consistent with good horsemanship and must not compromise their welfare. Any practices whether in stables, training or racing which are inconsistent with contemporary standards of husbandry should not be tolerated.
Breaking and training methods which unreasonably influence the normal behaviour of racehorses should not be used. Horses should only be given training schedules which are suited to their physical capabilities and level of maturity.
Horse shoes and racing plates should be designed and fitted to minimise the risk of injury.
The risk of injury and disease should be minimised when racehorses are transported. Vehicles should be safe, clean, well ventilated, regularly maintained and disinfected.
Long journeys should be planned carefully and horses allowed regular rest periods and access to water. Respiratory problems can often be reduced if horses are able to lower their heads to ground level during rest periods.
Racecourses and racing surfaces should be designed and maintained to reduce risk factors which may lead to injuries. Particular attention should be paid to crossings, uneven racing surfaces and extremes of surface quality.
Due care and attention should be paid to the welfare of horses racing in extreme weather. Provision should be made to cool horses quickly after racing in hot and/or humid conditions.
Excessive, unnecessary or improper use of the whip cannot be condoned, for example, on a beaten horse, a horse unable to respond or a horse clearly winning. Any post-race whip weals clearly indicate injury.'

3. Jockeys who abide by the regulations will be at a disadvantage relative to those who don't
It has been claimed that the new regulations are potentially unfair as jockeys who adhere to the new regulations will be at a disadvantage relative to those who ignore the regulations.
Under the new regulations, a jockey will be penalised for not following the rules, however, should his mount win, that victory will remain. This means there may be an incentive for some trainers and owners to encourage jockeys to ignore the regulations in order to gain an unfair advantage.
In August, 2009, apprentice Daniel Ganderton was found to have breached the whip rules aboard Deer Valley who won the Silver Shadow Stakes by a half-head over Melito whose jockey Corey Brown did not stray from the rule book. Ganderton was fined and penalised but Deer Valley kept the race.
The Racing and Sports Magazine of August 21, 2009, stated, 'It just may be that disgruntled owners and trainers will hold the whip hand when it comes to issuing instructions to their riders, particularly when a million dollar prize is at stake.
The question many are asking is how long will it be before the connections of a favoured runner in a major race tell their rider not to worry about the penalties for over-stepping the new rules governing the number of times the whip can be used effectively in the last 200m.
The private edict to the jockey will be "go for broke if you can win - we'll cover the fine" will give the rider confidence that he will not be out of pocket for an infringement of the stringent rules and penalties.'
Patrick Smith, in an opinion piece published in the Australian on August 13, 2009, stated, 'Rather than going too far, racing may not have gone far enough. If a horse wins a race but the jockey has breached the whipping rules to gain an unfair advantage then consideration should be given to disqualifying the horse. Trainers and owners will soon be very selective about which jockeys they pick for their horses.'

4. Punters will object to jockeys not getting the best from their mounts
It has been claimed that jockeys would face significant pressure from disgruntled punters if they abide by the new regulations and as a result their mounts fail to secure a place.
In an article published in The Daily Telegraph on August 27, 2009, Mark Evans stated, 'Spare a thought for jockey Kerrin McEvoy aboard red-hot favourite Denman in the Golden Rose at Rosehill Gardens this Saturday.
It's the first Group One race of the season, worth a cool $1 million and $650,000 to the winner.
Denman, a heavily backed favourite, roars to the lead inside the final 200m. He has runners to his outside trying to run him down, horses on the inside are fighting back.
What does he do? Does he bow to the pressure and disregard the new whip regulations, risking $32,500 in prize earnings, or does he comply with the law and face the brunt of punters and connections wanting answers if he is beaten in the final stride?'
On August 24, 2009, Craig Young, wrote in The Sydney Morning Herald, 'Racing's new whip laws have stung favourite backers. How can that be fair? Those sending out Melito as the $4.60 favourite in the Silver Shadow Stakes at Randwick were flogged. Melito was beaten a half-head by Deer Valley, whose rider, apprentice Daniel Ganderton, was floored by Racing NSW stewards.
Ganderton was found to have breached the whip rules, not once but twice over the final 200 metres. He struck Deer Valley with the padded whip on four consecutive strides and a short time later five times in a row. The laws allow for only three such strikes over the final furlong. The rider must then give the horse time to respond.'
Thus, Evans claims, punters will see the new regulations as unfair because jockeys who abide by them may lose their money to horses ridden by jockeys who ignore the regulations.

5. The new regulations are not rigorous enough
A number of animal rights groups have argued that the revisions, allowing jockeys to employ more discretion when using the whip over the last hundred metres of a race, have seriously compromised the new laws.
RSPCA chief executive Heather Neil said of the revised regulations,'The RSPCA is glad that the ARB hasn't given jockeys the mandate they wanted - to whip horses as much as they like in the end stages of a race. But we are disappointed they felt the need to capitulate at all.'
Patrick Smith, in an opinion piece published in The Age on August 13, 2009, argued that no changes should be made to the regulations to respond to jockeys' supposed concerns. Smith argued these concerns were spurious and that 'easing in' the changes was a poor idea. Smith stated, 'Jockeys argue that it is hard to stop whipping horses to the line when they have been doing it all their career. That is an unsustainable position. When trainers tell jockeys a particular horse is thin-skinned and to resist whipping it they don't dismount after the race and tell the trainer, "Sorry I have been whipping horses for 20 years so I just kept whipping him". They obey the trainer's instructions. If they don't then they don't get rides.
Jockeys also report back to trainers that the horse resented the whip so, "I put it away and just rode him hands and heels". Jockeys will stop whipping if a horse ducks in or shies away from the pain. It is not an involuntary action.
As for counting, the jockeys can rate a horse to the tick of a stop watch, so the mathematics of counting to five and then three might well be within their grasp. The further argument that the compulsory padded whips do not hurt horses therefore it does not matter how many times a horse is struck, is irrational. If they don't hurt, then there is no purpose in whipping them in the first place.
Racing folk are loath, even frightened to rework traditions. Only when jumps racing was halted in Victoria did the hurdling and steeplechasing community take serious steps to alter how horses were prepared and ridden and what type of tracks and obstacles were appropriate. The sport could always have been improved and made safer but no genuine attempt was made until livelihoods (women, men and horse) were on the line...
Given that whipping has been curtailed because it is considered cruel, it is fanciful to think that rules restricting its use and accompanying punishments should be eased in.'

Further implications
The new regulations governing the use of the whip in horeseracing will be reviewed in February, 2010. Whipping race horses has not excited the sort of controversy that has surrounded the deaths and injuries to horses involved in jumps racing. That said, the RSPCA has made it quite clear that it is not satisfied with the amendments that were made to the new regulations in the name of placating the jockeys. These amendments effectively limit jockeys to applying the whip a maximum of 18 times during the course of a race. Five times prior to the last hundred metres and then thirteen times thereafter.
The RSPCA has indicated that it has concerns that the new regulations will not be properly policed. The Society has indicated that it will try to prosecute any jockey who applies his whip to a horse more than 18 times in a race.
Dr Hugh Wirth, president of the RSPCA in Victoria, has stated that stewards will have to police the new rule, counting the number of times a jockey whips his or her horse in every single race.
Dr Wirth has further stated, 'If it comes to the point that the Australian Racing Board attitude does not have supremacy, then it's time, I fervently believe, that the RSPCA takes a test case to the magistrate's court and insists that Section 9 of the Prevention of Cruelty to Animals Act is in fact in force against some errant jockey.
If any person, myself included, went outside right now and whipped our horse or some other horse, we would be prosecuted under the act.
It's only by tradition that it's been left in the hands of the racing stewards to police the law, and they've done a very poor job.'
If the RSPCA were to successfully prosecute a jockey for failing to abide by the new regulations, that would place racing stewards under a great deal of pressure to effectively implement the new ruling.
Under the new ruling, the owner of a horse that loses to another horse ridden by a jockey who has used the whip excessively can lodge a protest. Were this to occur at all regularly, it would become a further incentive to racing stewards fully and thoroughly to implement the new regulations.
As part of the February 2010 review of the new regulations, there may well be a recommendation that any horse whose jockey over-uses the whip forfeit any place it gains in a race. There are already commentators arguing that such an amendment is all that will ensure that owners and trainers do not attempt to abuse the new regulations.

Newspaper items used in the compilation of this issue outline
AUST, March 9, page 3, news item (photo) by C Walsh, `Ban on whip doesn't add up, says jockey'.
http://www.theaustralian.news.com.au/story/0,25197,25157852-2722,00.html

AGE, September 16, page 3, news item by A Eddy, `Whip rule: errant riders could face relegation'.
http://www.theage.com.au/news/sport/horse-racing/whip-rule-errant-riders-could-face-relegation/2009/09/15/1252780313774.html

H/SUN, September 15, page 23, cartoon. (No web link - see page layout images below this list.)

H/SUN, September 15, page 25, comment by Adrian Dunn, `Hold your horses on whip rules'.
http://www.heraldsun.com.au/opinion/hold-your-horses-on-whip-rule/story-e6frfhqf-1225773133603

H/SUN, September 14, page 3, news item by Adrian Dunn, `We can broker deal: jockeys'.
http://www.heraldsun.com.au/news/we-can-broker-deal-jockeys/story-e6frf7jo-1225772452395

H/SUN, September 12, page 11, news item (photos) by Nicholson and Hastie, `Court clash likely on whipping rules'.
http://www.heraldsun.com.au/news/victoria/court-clash-likely-on-whipping-rules/story-e6frf7kx-1225772278760

H/SUN, September 12, page 5, news items (photos) by Terry Brown, `Casey wants the whip hand / Shame on you jockeys / Trainer says snap action "short-sighted" / Stuff the rule, I'll just pay the fine'.
http://www.heraldsun.com.au/news/casey-bruce-wants-the-whip-hand/story-e6frf7jo-1225772076627
http://www.heraldsun.com.au/news/rspca-hits-out-at-jockeys-strike-threat/story-e6frf7jo-1225772076515
http://www.heraldsun.com.au/news/trainer-says-snap-action-short-sighted/story-e6frf7jo-1225772076740
http://www.heraldsun.com.au/news/stuff-the-rule-ill-just-pay-the-fine/story-e6frf7jo-1225772076709

AUST, September 12, page 15, letters (4) incl, `Whip rules "hypocritical"'.
http://blogs.theaustralian.news.com.au/letters/index.php/theaustralian/comments/whip_rules_hypocritical