Champion jockey Damien Oliver's hopes of being part of one of Australia's most important race days are still on hold after his appeal in the Victorian Civil and Administrative Tribunal against a recent reckless riding charge was dismissed.

Tribunal vice-president Pamela Jenkins will hand down her decision on Oliver's penalty at 11.30am on Tuesday, after hearing submissions on the reduction of his 20-meeting suspension.

Oliver was charged with reckless riding three weeks ago on Flying Artie  in the Blue Sapphire Stakes at Caulfield on October 12 and was suspended for 20 meetings.

Judge Jenkins was asked for a determination on sentencing with Oliver hoping to be available for the rich Derby Day meeting.

The judge maintained that Oliver's actions in pushing out on Flying Artie into Dean Yendall's mount Kings Dream were "calculated and intentional".

Judge Jenkins heard oral submissions by legal counsel on the penalty but her decision not to downgrade the charge appears to leave little hope of Oliver making it to Flemington this Saturday.

If Oliver fails in his plea, the jockey will be returning on Melbourne Cup day.

But Oliver already had a number of big race rides at the quadruple group 1 meeting on Saturday that kicks off the historic four-day racing carnival.

Those rides include Flying Artie in the Coolmore Stud Stakes and Highland in the Victoria Derby.

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