The winning group 1 rides that landed Hugh Bowman and Tommy Berry in hot water during the autumn carnival will form the basis for changes to the controversial whips rules.
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A report from the chairman of stewards conference on the whip rules has led to Racing Australia forming a sub-committee, which includes the Racing NSW and Racing Victoria chief executives, to address the whip rules, which continue to draw criticism.
The rule of only five strikes before the 100 metres and unlimited strikes in the closing stages has frustrated jockeys and stewards, who say they have become professional counters on major days.
The rules include no leeway for horsemanship and often penalise jockeys who actually use the whip the least amount of times in the races. Berry on Tavago in the Australian Derby went one more than the rule allows before the 100m mark, but hit his stayer just seven times for the race and copped a $2000 fine and three-day suspension.
"I understand the rule is about perception but if it is about perception how did that look that bad in the Derby," Berry said. "I'm not a big whip rider and the unlimited in the final 100m doesn't come into it for me.
"On a soft track I hit him six times and let him respond and didn't realise I did it. I don't think you would look at that race and say I broke the spirit of what they are trying to do. I actually think it is the right thing they are trying to do but we just need a little change."
The best of Bowman's 10 group 1 wins was on Preferment in The BMW when he took off before the 600m mark but breached the rule by two strikes before the 100m, which cost him $2000. He was also fined on the same horse in its Australian Cup victory.
"I don't think I had to use it in the last 100m because the race was won [in the BMW]. You need to be able to use it at the right time, not at the time the rules say you can," Bowman said. "That's what happened. It got him going and then I just kept him going [hands and heels]."
Former Racing NSW chief steward Ray Murrihy believes Bowman's BMW was outstanding but the rule had to be enforced because of the way it is written.
On the whole, jockeys have adjusted to the rule pretty well but there is no doubt a tinker would allow them to use their skill and innate ability without second-guessing themselves.
The whip rules review will be headed by former chief steward Des Gleeson and it is understood it will look at the unlimited use in the final 100m and lifting the number of strikes allowed. It will take written submissions and is due to report on September 15.
Penalties will become more severe for those that breach the rules.
