Page 114 - Case Book 2017 - 2020 April 18

to tack at the mark (see rule 18.1(b)). It was not relevant asked for redress, which was denied. The protest
that they were approaching the mark on widely differing committee asked for confirmation of its decision.
courses – see WS Case 12. When the first of them DECISION
entered the mark’s zone they were overlapped, and P
was required by rule 18.2(b) to give S room to round the The decision of the protest committee is confirmed.
mark. It is clear that S’s proper course was to gybe at The ends of the starting line in rules 30.1, 30.2, 30.3 and
the mark as required by rule 18.4, and that she intended 30.4 are those specified in the sailing instructions, and
to do so. not any limit or distance mark, unless the sailing
instructions explicitly change rule 30.
The protest committee’s conclusion that sufficient room
was given for a gybe is contradicted by its conclusion Request for redress by Reefer and Raffles, Poole YC
that, in the circumstances, it was prudent for S not to
attempt to gybe in the room given. That is tantamount to RYA 2005/2
saying that S was not given sufficient space in the Rule 70.2, Appeals and Requests to a National
prevailing conditions. Authority
Rule 70.5, Appeals and Requests to a National
Rather than gybing, S luffed, and contact was likely had Authority
she not done so. P therefore broke both rule 10 and rule Appendix D, Team Racing Rules
18.2(b).
Even if the right to appeal has been denied under rule
Laser 153489 v Breeze 626, Grafham Water SC
70.5(a), this does not preclude the protest committee
from requesting confirmation of its decision under rule
RYA 2004/9 70.2, since that is not an appeal.
Rule 30.1, Starting Penalties: I Flag Rule
Rule 30.2, Starting Penalties: Z Flag Rule In team racing, a request for redress following a
Rule 30.3, Starting Penalties: U Flag Rule breakdown of a supplied boat shall be decided by the
Rule 30.4, Starting Penalties: Black Flag Rule race committee.

The ends of the starting line are as stated in the sailing Before granting redress the race committee shall
instructions, and determine the beginning of the consider all the requirements for redress in rule D5. A
extension of the starting line for rule 30.1 and the base boat is required to display a red flag when she should
of the triangle in rules 30.2, 30.3 and 30.4, unless the be aware of the facts, while racing, but not when the
sailing instructions say otherwise. facts cannot be learned until after the race. The
decision of the race committee may be contested via a
request for redress, which is a matter for a protest
committee to consider.
SUMMARY OF THE FACTS
In a team racing event, at the changeover of boats
before race 41 between New Forest Pirates (NFP) and
Wessex Exiles (WE), one boat in the NFP team asked
for water to be removed from inside the buoyancy tanks
of the boat. This was done and the boat was sent out to
race. NFP lost the race and, on returning ashore, NFP1
called for the resail officer, showed him that there was
water in the tanks again and asked for redress.

The resail officer granted redress in the form of a resail.
When advised of the resail decision, boat WE1 orally
requested redress, claiming that the decision in NFP1’s
request for redress was an ‘improper action’. The race
committee had to resail the race before the request for
redress by WE1 could be heard by the protest
committee. The resail was won by NFP.

After a hearing of the request by WE1, redress was
SUMMARY OF THE FACTS refused: the protest committee upheld the decision of
The sailing instructions said that the starting line was the resail officer. However, at a reopening of this
between two staffs, but that boats should start between hearing, the protest committee decided that the
two limit marks. requirements for redress during the original race 41 had
In a start under rule 30.4, Black Flag Rule, during the not been met because a red flag had not been displayed
last minute before the starting signal, several boats were by NFP1 and that the original result of that race should
sailing in the triangle formed by the starting line (as stand. It referred the decision to the RYA for
defined in the sailing instructions) and the first mark, confirmation or correction.
but not within the triangle formed by the limit marks In response to questions from the RYA, the protest
and the first mark. These boats were scored as BFD and committee found as a fact that there were 5 litres of

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