Central Otago TC 2 January 2023 – R1 (heard 4 January 2023 at Roxburgh) – Mike Love

Mr McIntyre alleged that in Race 1 near the 1050 metres Mr Love when driving LOU’S DEAL forced EDGE SHEERAN wider on the track.

Mr McIntyre demonstrated the incident on the videos. The Respondent was racing near the rear of the field with Mr Edge, driving EDGE SHEERAN, outside his wheel. Mr Love came out forcing EDGE SHEERAN wider on the track. Mr Edge was then able to slot in behind LOU’S DEAL and race 3-wide with cover. Mr Edge was left exposed 3-wide from the 800m when LOU’S DEAL improved to race outside the leader. Mr Love finished second; Mr Edge was unplaced. The breach of the push-out rule did not appear to impact upon EDGE SHEERAN’s performance.

Mr Love said it was clear from the videos that he had left his decision to shift out a little too late. He should have shifted out earlier

Decision

As Mr Love has admitted the breach, it is found to be proved.

 Submissions as to penalty

Mr McIntyre produced the Respondent’s record which was clear under this Rule. He submitted a penalty in accordance with the Penalty Guide was appropriate with an allowance for the admission of the breach.

Mr Love did not disagree with this.

Reasons for penalty

The breach is low end. There were no adverse consequences for Mr Edge as a result of the pushout. The Penalty Guide provides a starting point of a $250 fine for a first breach.

Conclusion

Mr Love has admitted the breach. He is fined the sum of $200.