Racing officials have to act quickly to sort out the confusion that surrounds its whip rules before the major Cups races begin.

That's the only conclusion to be drawn from Sunday's meeting at Flemington where the Turnbull Stakes was won by Zipping, a horse that had been whipped nine times by its jockey before the final 100 metres - four more than the new rules stipulate - yet only beat Shocking, the second-placed horse, by a head.

Nick Hall's ride aboard Zipping has therefore inadvertently highlighted the loophole in the Australian Racing Board's whip laws - a loophole that have the potential to cause major embarrassment in the spring carnival.

Hall was fined $3000, 20 per cent of his riding percentage, for over-using his whip. It was the second time that the hoop has been sanctioned for breaching the laws which state that a jockey must not use their whip more than five times before the final 100 metres.

The jockey of second-placed Shocking, Michael Rodd, used his whip within the prescribed guidelines yet was left to wonder what might have happened if he, too, had brandished the 'persuader' nine times. Might that have made the difference between his mount winning and losing?

Both trainers and jockeys have expressed their frustration with the laws in the past 48 hours with Shocking's trainer Mark Kavanagh voicing his concerns to the Herald Sun.

"There are a lot of grey areas about the whip rules and the stewards need to come clean," Kavanagh said. "If it's an offence you be can penalised for, then can they take a race off you?"

The issue that trainers and jockeys have with the laws is not the regulations themselves but instead what penalties are handed out to offenders.

Put simply, the punishment does not fit the crime.

Why would a jockey put his whip away if he realistically thought he could win the race by using it more than the five times allowed - and only be tickled with a feather-duster as punishment? The answer is he wouldn't.

Even if the majority of jockeys obeyed the rules - as most do - there will always be one or two that choose to flaunt them, especially if the race is, for example, a major Group One.

This is what causes the most frustration for jockeys and trainers.Through introducing such laws, racing authorities have inadvertently threatened the level playing field that every race deserves.

If a jockey chooses to ignore the rules and over-use his whip then he has an advantage over his competitors.

If this issue is ignored and not rectified before the Melbourne Cup there could be farcical scenes at Flemington.

It is safe to say that there will be more than a protest lodged if the winner of the Melbourne Cup uses his whip more than the permissible five times.

Not only would the trainer, jockey and connections of the losing horses be livid but also the thousands of punters who have done their dough in the process.

It would be a blight on the sport if the winning jockey is merely fined a percentage of his winnings and allowed to keep the title of Melbourne Cup champion rider.

Also whilst they are reviewing the whip laws, racing officials should also clarify the protocols around the protest - who should lodge the protest and in what time frame?

It was apparent after the race on Sunday that neither Kavanagh nor Rodd were clear on whether they could lodge a protest and, if so, who should do it.

Therefore the rules have to be reviewed, protocols re-examined and penalties increased if the Australian Racing Board are serious about curbing the use of whips.