Over four months have passed since the introduction of the whip rules
PICTURE: Edward Whitaker (racingpost.com/photos)BHA makes changes to 'flawed' whip rules
THE BHA sprang a major surprise on Tuesday when announcing fundamental changes to the controversial whip rules, together with revisions to the existing penalties.
The move, which was welcomed by the Professional Jockeys' Association, follows an initiative instigated by new BHA chief executive Paul Bittar who is determined to avoid the issue dominating headlinesat the Cheltenham Festival, which gets underway in less than three weeks.
At an earlier board meeting the directors went further than expected when approving a proposal in which the fixed number of times use of the whip is permitted is replaced by an emphasis on reviewing the manner in which the stick is used, as well as taking account of frequency. The new rule will be ready for implementation early next month.
Bittar said: "Over four months have passed sincethe introduction of the first set of whip 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 fromjockeys 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 board also sanctioned the introduction of a revised penalty structure, the aim of which is to increase the proportionality of penalties, particularly for minor offences.
The directors approved the proposal for treating cases of frequency of both one and two over as lower level breaches, whereby one over will still warrant a two-day ban and two over will incur a four-day ban, rather the present five days.
In addition, repeat offences at both the lower and upper level will not result in the penalty multiplying.
Instead, each offence will be treated on its merits. However a fifth lower level offence, or a fourth upper level offence, within six months will result in referral to the disciplinary panel.
The changes to the penalty structure will take effect from tomorrow and will be retrospectively applied to suspensions still to be served.
Bittar said: "Prior to the implementation of the new whip rules, stewards policed cases of mis-use 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 andone that also acts as an effective deterrent. In particular, the board recognises that this question may come under scrutiny in major races and reserves the right to make further revisions in the future."
In response, PJA chief executive, Paul Struthers, said: "The PJA is pleased by today's decision by the BHA 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 of how the rules are fundamentally frame 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 jockeys are skilled horsemen who care passionately about horses and are being denied the ability to use their full skill and judgement through the course of a race.
"If this is implemented, as the PJA believes is the intention, jockeys will no longer punished for genuine, wholly unintended mistakes nor otherwise perfectly acceptable rides. I will continue with dialogue with the BHA as they finalise the guidelines for how this approach will be implemented."
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