N.M. Admin. Code § 16.47.1.12

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.47.1.12 - JOCKEYS

A.ELIGIBILITY

(1) A jockey must pass a physical examination given within the previous 12 months by a licensed physician affirming fitness to participate as a jockey. The stewards may require that any jockey be reexamined and may refuse to allow any jockey to ride pending completion of such examination.

(2) Prior to obtaining a license an applicant for a first time jockey or an apprentice jockey license must demonstrate their riding ability by participating in five races and must receive prior approval from the stewards, the starter, the head outrider, and the designated representatives of the jockeys and the horsemen at the track. The demonstration of riding competence and ability is defined as a minimum of:

(a) breaking a horse in company from the starting gate;

(b) working a horse in company from the starting gate;

(c) switching the whip from one hand to the other while maintaining control of the horse in a stretch drive; and

(d) causing the horse to switch leads coming out of a turn.

(3) Failure to demonstrate the required ability shall result in the withdrawal of the license.

(4) The stewards may authorize a temporary license to ascertain the applicant's riding competence and ability.

(5) A jockey shall not be an owner or trainer of any horse competing at the race meeting where the jockey is riding.

(6) An applicant whose weight exceeds 130 pounds at the time of application shall not be issued a jockey's license.

B. APPRENTICE JOCKEYS:

(1) An apprentice jockey must be 16 years of age and if less than the age of 18, a parent or guardian must sign the license application assuming full financial responsibility for the applicant.

(2) An applicant for an apprentice jockey license shall provide a certified copy of the applicant's birth certificate or other satisfactory evidence of date of birth.

(3) An apprentice jockey license does not apply to quarter horse racing.

(4) An applicant with an approved apprentice certificate may be licensed as an apprentice jockey.

(5) An apprentice certificate may be obtained from the stewards on a form provided by the commission.

(6) An apprentice jockey shall ride with a five pound weight allowance beginning with their first mount and for one full year from the date of their fifth winning mount. If after riding one year from the date of their fifth winning mount, the apprentice jockey has failed to ride a total of 40 winners, they shall continue to ride with a five pound weight allowance for one more year from the date of their fifth winning mount or until they have ridden 40 winners, whichever comes first. In no event may a weight allowance be claimed for more than two years from the date of the fifth winning mount unless an apprentice jockey is unable to ride for a period of seven consecutive days or more after the date of their fifth winning mount because of service in national armed forces, enrollment in high school or an institution of secondary education, or because of physical disablement, or restriction on racing or other valid reasons, the commission may extend the time during which such apprentice weight allowance may be claimed for a period not to exceed the period such apprentice jockey was unable to ride. The stewards or commission may issue apprentice extensions with proper documentation.

(7) An apprentice jockey must meet the conditions set forth in Subsection A of 16.47.1.12 NMAC.

C.FOREIGN JOCKEYS: Whenever a jockey from a foreign country rides in this jurisdiction, the jockey must declare that they are a holder of a valid license in their country and currently not under suspension. To facilitate this process, the jockey shall present a declaration sheet in a language recognized in this jurisdiction to the commission. The jockey must complete a license application and be fingerprinted to be maintained in the files of the commission.

D.Jockeys responsibility:

(1) A jockey shall not have a valet-attendant except one provided and compensated by the association.

(2) No person other than the licensed contract employer, or a licensed jockey agent, may make riding engagements for a rider, except that a jockey not represented by a jockey agent may make his own riding engagements.

(3) A jockey shall have no more than one jockey agent.

(4) No revocation of a jockey agent's authority is effective until the jockey notifies the stewards in writing of the revocation of the jockey agent's authority.

(5) A jockey who has a medical condition which makes it necessary to possess or use a prescribed, prohibited, or controlled substance pursuant to Paragraph (3) of Subsection B of 15.2.6.8 NMAC, that jockey shall provide to the stewards a letter signed by a licensed physician, physician assistant, or nurse practitioner certifying that the consumption of the prohibited, prescribed, or controlled substances will not adversely affect the divided attention, psychophysical abilities of a jockey, to include but not limited to reaction time and the jockey's ability to accurately judge time and distance. The letter must certify that the prohibited, prescribed, or controlled substance will not affect a jockey's ability to carry out their responsibilities properly and safely while in the performance of their duties which includes being in actual physical control of a large equine animal while in close physical competition on a racetrack surface and will not jeopardize the health, safety and welfare of the other individuals participating.

E. COLORS, NUMBERS, ADVERTISING:

(1) A jockey shall be properly attired for riding in a race, wearing the colors of the owner of the horse he or she is riding, and exhibiting a number on the saddlecloth that corresponds to the number of the horse on the program.

(2) Advertising or promotional material may be worn by a jockey upon approval from the board of stewards and racetrack management. Approval is discretionary and may be denied for just cause.

(3) Jockeys shall submit a commission approved form, including a description of the advertisement or promotional material to be worn with the name of the brands and sponsors.

(4) The form must be submitted to the board of stewards at the time of entry before the applicable race.

(5) Advertising, including logos, labels or product endorsements shall be permitted on jockey attire from the point of weighing out for a race to weighing in after its conclusion.

(6) Advertisement on jockey clothing is limited to.

(a) A maximum of 32 square inches on each thigh of the pants on the outer sides between the hip and knee and 10 square inches on the rear at the base of the spine.

(b) A maximum of 24 square inches on boots and leggings on the outside of each, nearest the top of the boot.

(c) A maximum of six square inches on the front center in the neck area.

(7) A sponsorship shall not be permitted by a person or entity whose message, business reputation, or ongoing business activity may be considered as obscene or indecent to a reasonable person.

(8) Advertising or promotional material displayed on jockey clothing shall not compete with, conflict with, or infringe upon sponsorship agreements applicable to the racing association race or to the race meet in progress.

(9) A jockey may wear the following advertising or promotional materials within the parameters outlined in the size restrictions above without obtaining prior approval.

(a) Materials advertising or promotion the jockey's guild in the form of the picture of a jockey's boot or the picture of a wheelchair, with no additional picture of logo.

(b) The permanently disabled jockey's fund (PDJF) in the form of the pictures of its logo, with no additional picture or log.

F. JOCKEY BETTING: No jockey shall be allowed to bet before or during any live racing program.

G.Jockey Suspensions and Designated Races:

(1) Prior to the commencement of a race meeting, a listing of designated races by the stewards shall be submitted to the executive director. A copy of such races shall be posted in the jockeys' room and any other such place deemed appropriate by the stewards. The stewards may elevate a race to designated race status after the commencement of the race meet and shall submit it to the executive director and update the listing as above.

(2) A jockey suspended for 10 days or less for a riding violation, unless otherwise specified in the ruling, may continue to exercise horses during the training hours and may fulfill riding engagements in designated races, as designated by the stewards at the beginning of the race meet.

(3) The official ruling where designated races are permitted shall state: "The term of this suspension shall not prohibit participation in designated race days."

(4) A jockey who is serving a suspension of 10 race days or less may ride in designated races during the suspension under the following conditions:

(a) The race has been specified as a designated race by the stewards officiating at the race meet; and

(b) the jockey is named no later than the time set for the close of entries for the designated race.

(5) When a jockey rides in a designated race (s)

(a) The jockey agrees that if they participate in only one designated race in New Mexico, the day will be recognized as a suspension day; or

(b) the jockey agrees that if they participate in more than one designated race in New Mexico, the day will still not be recognized as a suspension day and they will serve an additional race day of suspension in place of the race day on which the jockey rides in a designated race, to be served on the next race day; or

(c) the jockey agrees that if they participate in one or more designated races in any other jurisdiction while under suspension in New Mexico, the day will still not be recognized as a suspension day and the jockey will serve an additional race day of suspension in place of the race day on which the jockey rides in a designated race, to be served on the next race day.

(6) A jockey may ride all races for the day they are riding a designated race, however, the jockey is to continue to take the next available day until his suspension is completed.

N.M. Admin. Code § 16.47.1.12

16.47.1.12 NMAC - Rp, 16 NMAC 47.1.12, 3/15/2001; A, 8/31/2004; A, 10/31/2006; A, 6/15/2009; A, 12/14/2012, Amended by New Mexico Register, Volume XXVII, Issue 23, December 15, 2016, eff. 12/16/2016, Amended by New Mexico Register, Volume XXIX, Issue 18, September 25, 2018, eff. 9/26/2018, Amended by New Mexico Register, Volume XXXII, Issue 24, December 28, 2021, eff. 12/28/2021