Daniel Ganderton's plea to have a penalty for overuse of the whip overturned has been rejected on appeal, with the Australian Jockeys' Association (AJA) stepping up its campaign to have the rule changed.The controversial rule came into force on August 1 and AJA chief executive Paul Innes said it was already proven to be unworkable.Innes and Victorian Jockeys' Association chief executive Des O'Keeffe attended the Ganderton inquiry and asked to have the matter adjourned until after next week's mee

Daniel Ganderton's plea to have a penalty for overuse of the whip overturned has been rejected on appeal, with the Australian Jockeys' Association (AJA) stepping up its campaign to have the rule changed.

The controversial rule came into force on August 1 and AJA chief executive Paul Innes said it was already proven to be unworkable.

Innes and Victorian Jockeys' Association chief executive Des O'Keeffe attended the Ganderton inquiry and asked to have the matter adjourned until after next week's meeting with the Australian Racing Board (ARB).

The Racing NSW appeal panel rejected the submission, agreeing with stewards the case was subject to the rules as they now stood.

"It is likely that riders even with the best intentions will continue to break the new whip rule during the last 100 metres given the requirement of performing a highly-skilled task where they are in an instinctive, automatic mode in a high-pressure situation," Innes said.

Ganderton became the first Sydney metropolitan rider to be suspended for breaking the rules introduced this season when he was given a six-meeting ban for his winning ride aboard Deer Valley in the Group Three Silver Shadow Stakes at Randwick on August 22.

He was also fined his five per cent of the prizemoney, $3,750, and his $160 riding fee.

The rule states a jockey can only use the whip in three consecutive strides on one occasion inside the last 200 metres with Ganderton convicted of using it four times in consecutive strides and six times nearing the post.

Deer Valley beat Melito by a half-head with the pair to do battle again in Saturday's Furious Stakes.

Ganderton will again be on Deer Valley and Corey Brown will renew his association with the Gerald Ryan-trained Melito who is the $4 favourite in TAB Sportsbet's opening markets ahead of $7.50 chances Deer Valley and Kiss Me Katy who finished fourth in the Silver Shadow.

The ARB meets next Thursday and Innes and O'Keeffe will also put the case that the rule as it stands is an occupational health and safety issue.

"We will push for a small variation of the rule inside the last 100 metres," Innes said.

"It's an OH and S issue and jockeys have enough to think about without having to count how many times they have hit a horse.

"If a horse is in contention they should be able to use the whip."

Coinciding with the change to the number of times jockeys can hit a horse, they are now required to use a padded whip which minimises the impact.