Page 115 - Case Book 2017 - 2020 April 18

water (weighing 5kg) in the buoyancy tanks of NFP1 The protest committee has no direct power under rule
when she returned to the shore after race 41. 66 to reopen the decision of the race committee on the
grounds that the race committee may have come to the
DECISION wrong decision based on the evidence, since it was not
The decision of the protest committee that the Wessex the body that made the decision. It must however
Exiles team won the race is confirmed. The reasons for consider a request for redress that the race committee’s
the decision are corrected.
decision was an improper action under rule 62.1(a)
When deciding a request for redress following a where it affected the requester’s finishing position.
breakdown, rule D5 requires the race committee to
consider, amongst other things, whether a red flag was Parties to a Hearing
A breakdown request is a request for redress under rule
displayed and whether the finishing position of the boat 62.1(a). In accordance with the definition Party the
was significantly affected. The case papers make clear parties to such a redress hearing are the requester and
that the race committee failed to properly consider these the race committee. However, when rule D1.2(e)
matters and, on receipt of the request for redress by applies, it is often appropriate for representatives of
WE1, the protest committee was entitled to review all both teams in the race to be present when the race
the circumstances of the breakdown.
committee is collecting evidence from the teams.
A boat is required to display a red flag as soon as she Request for confirmation or correction of decision, Wessex Winter
should reasonably be aware of the facts that would Warmer
justify seeking redress; when the facts are not learned
until after the race, as in this case, there is then no RYA 2005/5
requirement to display a red flag. Until the tank was Sportsmanship and the Rules
opened after the race it was not possible for the Rule 41(c), Outside Help
competitor to know for a fact that there was water in the Rule 42.3(i), Propulsion
tank. Were it otherwise, all competitors would, to Rule 60, Right to Protest; Right to Request Redress or
protect their right to seek redress, be obliged to display Rule 69 Action
a red flag in the event of any suspicion that a supplied Rule 61.1(a)(4), Protest Requirements: Informing the
boat might have suffered a breakdown, pending further Protestee
inspection after racing. Rule 64, Decisions: Penalties and Exoneration
A leak in the hull of a supplied boat that allows water to A boat that has retired may be protested, and a valid
penetrate into a buoyancy tank is clearly a breakdown protest against her must be heard, but the boat is not to
for the purposes of rule D5. The breakdown was neither be penalized unless the penalty for the rule she broke is
the fault of the crew nor one that the crew could have a non-excludable disqualification.
avoided.
Although rule 42.3(i) permits the sailing instructions to
As the water entered the tanks through a leak in the keel allow the use of an engine for propulsion in stated
it can be inferred that there was less water at the start of circumstances, a boat that avails herself of this breaks
the race and that this increased progressively towards rule 42 if she gains a significant advantage in the race.
the 5 litres found after the race. The protest committee
decided that the evidence did not support a conclusion Information available at no cost other than the cost of
that the boat's finishing position was made significantly subscribing to and using a generally available and non-
worse by the water in the tank. specialised service through which it is to be obtained is
'freely available'.
The RYA sees no reason to disagree with this
conclusion. Rule D5.4 allows redress to be given only 'Damage' in rule 61.1(a)(4) must be serious. For the
when the boat's finishing position is made significantly relaxation of general protest notification requirements
worse. The result of the original race 41, won by to apply, the injury or damage must be obvious to the
Wessex Exiles, stands and the result of the resailed race boat that wishes to protest.
is discarded. QUESTION 1
RELATED ISSUES Sportsmanship and the Rules, says that retiring may be
Right of Appeal a penalty, and Rule 64.1(a) says that a boat cannot be
The sailing instructions denied the right of appeal in penalized if some other penalty applies.
accordance with rule 70.5(a). Rule 70.5 requires the Does this apply to all infringements, and can it be
denial of appeal to be stated in both the notice of race varied in sailing instructions? We need to be able to
and the sailing instructions. No proper notice of race has apply serious penalties, such as a non-excludable
been provided to the RYA so there is doubt about the disqualification (DNE), to boats that break the IRPCAS
validity of this sailing instruction. However, this was and local navigation byelaws with respect to
not an appeal by a party but a reference by the protest commercial shipping, without a boat having the option
committee under rule 70.2, which is not covered by the of avoiding penalization by retiring, which it appears
rule 70.5 provisions. The reference to the RYA for she can do (RET) even after finishing.
confirmation or correction is therefore valid.
ANSWER 1
Process for Breakdown Requests When a boat realises that she has broken a rule, and
Rule D5.3 transfers the responsibility for deciding when a turn(s) penalty or some other penalty is not
redress following a breakdown to the race committee. available to her, the Basic Principle requires her to
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