Sec.12-574-B38. Time and records

(a) Electric timer, manual timer. In every race or performance against time, the time of each heat or dash shall be taken by an approved electric timing device and placed in the record in minutes, seconds and fifths of seconds and on the decision of each heat the time thereof shall be publicly announced or posted. In addition to the approved electric timing device, one manual timer shall be employed. No unofficial timing shall be announced or admitted to the record. If at any time the automatic timing device should fail, the decision of the manual timer as to the time of such heat or dash shall be official. If the manual timer fails to act, no time shall be announced or recorded for that heat or dash.

(b) Error in announcement of time. In any case of alleged error in the record, announcement or publication of the time made by a horse, the time so questioned shall not be changed to favor said horse or owner, except upon the sworn statement of the judges and timers who officiated in the race, and then only with the approval of the commission.

(c) Certificate as to track measurement. In order that the performance thereon may be recognized and/or published as official, every association shall forthwith cause to be filed with the commission and the United States trotting association the certificate of a duly licensed civil engineer or land surveyor that he has measured the said track from wire to wire three feet out from the pole or inside hub rail thereof and certifying in linear feet the result of such measurement. Each track shall be measured and recertified in the event of any changes or relocation of the hub rail.

(d) Leading horse timed. The leading horse shall be timed and his time only shall be announced. No horse shall obtain a win race record by reason of the disqualification of another horse unless a horse is declared a winner by reason of the disqualification of a breaking horse on which he was lapped.

(e) Time in dead heat. In case of a dead heat, the time shall constitute a record for the horses making the dead heat and both shall be considered winners.

(f) Time taken from starting point. The time shall be taken from the first horse leaving the starting point from which the distance of the race is measured, until the winner reaches the wire.

(g) Fraudulent misrepresentation of time. Any person who shall be guilty of fraudulent misrepresentation of time or the alteration of the record thereof in any public race or performance against time shall be penalized and the time declared not a record.

(h) Time performance. A record can be made only in a public race or performance against time. In a performance against time, the United States trotting association rules and regulations shall apply.