Not quite sure how the penalty fits with the new rules but I don't think behind the saddle has anything to do with it. It's presumably still a strike with the whip if it's down the shoulder.
NZTR Revised Whip Guidelines - Penalty GuidelinesNZTR propose the revised whip guidelines come into effect on 7 October.Panelists have already been sent the guidelines and are expected to be fully conversant with these changesThere are 3 particular changes panelists need to be mindful of. The first is the limitation of 5 strikes of the whip prior to the 100 metres.The proposed penalty starting points for a breach of this requirement are: 1st breach - $300 fine2nd breach - $500 fine3rd breach - day suspensionHowever, If the number of strikes is 10 or more a 6 day suspension is to be the starting point.Panelists should be aware the RIU will be using warnings quite liberally for early breaches of this rule and therefore when a rider appears before a committee he or she will have been amply warned of their use of the whip responsibilities. Little or minimal (ie in exceptional circumstances) mitigation of penalty is expected. Panelists should note NZTR’s animal welfare concerns in bringing in these changes and support that objective in their penalty setting. Note should also be taken of the animal welfare focus in the “Burgess Report” terms of reference.Where the breach occurs in a Group or Feature race and the number of strikes is 4 or more than the permitted 5 the starting point is a 6 day suspension plus a fine at the committee’s discretion up to the rider’s percentage of prize money (where applicable). If less than this but still more than 5 then a fine appropriate to the status of the race is to be the starting point.The second change relates to a restriction on consecutive strikes of the whip within the permitted 5 strikes before the 100 metres.Early offending under this requirement will be dealt with by the RIU issuing warnings so a charge ought only to follow a high end breach of this rule or circumstances where a rider simply fails to heed the warnings and adjust their use of the whip. Mitigation of penalty therefore ought to be rare.Proposed penalty starting points are therefore:Where it is a first breach and the number of consecutive strikes are 2-5 then a fine of $200;For a second breach a fine of $300;For a third breach a fine of $500;
For a fourth or more breach a 6 day suspension.Where the number of consecutive strikes is 6 or more the starting point is a $500 fine. Should a rider incur a second breach involving 6 or more consecutive strikes then the starting point is to be a 6 day suspension.Mitigation is to be exceptional.Panelists are to be familiar with the new requirements and significant restrictions on use of the whip by Amateur Riders.The third major change relates to it being a breach for a trainer, owner or equivalent interest to give instructions to a rider which may lead to a breach of the use of the whip restrictions. The proposed penalty starting point for a breach is a $750 fine and $1500 for a second breach. Charges of this type are likely to be rare and possibly occur more around major races.IMPORTANT NOTE All riders’ records under the whip rules will reset with effect from 7 October 2019 being the implementation date for the whip guideline changes.