Page 103 - Case Book 2017 - 2020 April 18

The protest committee found that this question did not  Protest by 95, 44
affect Kishmiro’s finishing position in the general  Any of the above with the word ‘number’
classification for the overall trophy, and so addressed preceding the number itself.
itself to the question as to whether, for the purposes of
rule 62.1, Kishmiro’s score in the race had been made ANSWER 1
significantly worse, since the question of whether It is universally accepted that any use of ‘Protest’ as a
Guffin was or was not entitled to the ‘Westerly’ trophy noun or verb will comply with rule 61.1(a), and the
did not affect Kishmiro’s overall race result. same applies to rule E6.3. However, the order stated by
rule E6.3 is explicit, and only the first three further
It decided that competition for the Westerly trophy was examples offered comply with that rule.
a ‘race within a race’, and therefore Kishmiro had met The inclusion of the word 'number' in a hail does not
the general requirement of a valid request under rule invalidate the protest.
62.1. Redress was, however, refused. The term
‘Westerly Class Yacht’ was nowhere further defined, QUESTION 2
either in a deed of gift or in the notice of race. Guffin How can the requirement to inform the other boat in
was built by Westerly. The Westerly Owners rule 61.1(a) be complied with if the protestee remains
Association (WOA) handbook allocated a WOA unaware of a valid protest against him?
handicap to J/24s, and the WOA had issued a guide ANSWER 2
called ‘Westerly Goes Racing’, which included When rule 61.1(a) applies (whether as printed or as
reference to J/24s. The protest committee’s decision altered by rule E6.3), compliance with the requirement
was that, for the purposes of the trophy, Guffin was a to hail, and, if necessary, to flag in its second sentence
‘Westerly Class Yacht’. It referred this to the RYA.
fulfils the requirement of the first sentence to inform the
DECISION other boat at the first reasonable opportunity.
The decision of the protest committee is confirmed. Questions from the Royal Tay YC
When there is a prize for a certain category of boat
within the overall results of a race, this itself ranks as a RYA 2002/8
race for the purposes of rule 62.1, and so questions of Rule 63.7, Hearings: Conflict between Rules
redress can be considered. Rule 89.2, Organizing Authority; Notice of Race:
As concerns the refusal of redress, the RYA is in no Appointment of Race Officials
better position than the protest committee to interpret an
ambiguous condition applying to the race, and sees no An organizing authority can change its notice of race if
reason to differ from the protest committee’s judgement it gives adequate notice. The notice of race may also
that Guffin was a ‘Westerly Class Yacht.’ say that it can be changed by the race committee. When
the organizing authority or (if permitted to do so) the
Reference from Guernsey YC
race committee changes the notice of race, this can give
rise to redress when the change is improper and
RYA 2002/7 adversely affects a boat’s score.
Rule 61.1(a), Protest Requirements: Informing the
Protestee When there is a conflict between a sailing instruction
Rule E6.3, Informing the Protestee and the notice of race, this is to be resolved by rule
63.7. In isolation, a statement in the sailing instructions
When rule 61.1(a) applies (whether as printed or as that a sailing instruction will prevail over a conflicting
altered by rule E6.3) compliance with the requirement provision in the notice of race is not binding.
to hail and, when required, to flag, fulfils the
requirement to notify the protestee. QUESTION 1
The protest hail procedure in radio-controlled boat Can the notice of race be changed once it is published?
racing requires the number of the protesting boat to ANSWER 1
precede the number of the protested boat, with the word Yes, rule 89.2(b) says so, provided adequate notice is
‘protest’ or a variant thereof between the numbers. given.
QUESTION 1 QUESTION 2
For a protest in a radio-controlled class by (say) boat 95 If so, who is permitted to do so, and how and when may
against boat 44, is ‘95 protest 44’ the only protest hail it be done?
that complies with rule E6.3
ANSWER 2
If not, which other hails would comply? For example:
The organizing authority is responsible for publishing
 95 protests 44 the notice of race, and normally it must also make any
 95 is protesting 44 changes. However the notice itself could contain some
 95 protested 44 other method of making changes. For instance, it would
 44 has been protested by 95 be possible to provide in the notice that the race
 44 is protested by 95 committee can make changes. Subject to what is said
 44 is being protested by 95 below, the notice can be changed at any time up to the
end of the event it deals with.
 44, protest by 95
 Protest, 44 by 95

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