Page 116 - Case Book 2017 - 2020 April 18

retire. Suppose that the sailing instructions say that the whether at the time of the incident the boat that wishes
penalty for breaking a rule of the IRPCAS or some to protest was aware of the injury or serious damage. It
other specified and applicable navigation byelaw is is for the protest committee to decide whether what
DNE. A boat that realises that she has broken such a happened to a boat ranks as injury or serious damage.
rule cannot accept a DNE, and no other penalty is Guidance on damage is to be found in WS Case 19 and
available to her, other than retiring. So retire she must. RYA Case 2001/3.

When a boat has retired, nothing in rule 60 prevents her Questions from Royal Southampton YC
from being protested. Rule 63.1 then requires the protest
committee to hear all protests. Rule 64.1 says that when RYA 2005/6
a protest committee decides that a boat has broken a Rule 70.2, Appeals and Requests to a National
rule, it shall disqualify her unless some other penalty Authority
applies. Normally, retirement precludes penalization, as
stated in rule 64.1(b). However, as also stated in that A protest committee may not refer only part of its
rule, that is not so when a boat has taken an applicable decision for correction or confirmation: the RYA will
penalty such as retirement but the only penalty available review all decisions related to an incident.
to the protest committee is DNE. In this case, the protest SUMMARY OF THE FACTS
committee can and must apply a DNE penalty, The belated shortening of the course resulted in redress
regardless of the boat having retired. being requested by and granted to A and B, in the form

QUESTION 2 of being awarded better scores than their finishing
How can a boat be required or allowed to use her engine positions. On learning of the redress granted, C and D
to avoid contact with other racing boats and commercial asked for redress on the grounds that the redress granted
shipping, and to use her engine after her preparatory to A and B was unfair to themselves. E then lodged a
signal if late arriving at the starting area, without request claiming that she had been equally
incurring a penalty? disadvantaged by the race committee error, and should
also be given an improved score.
ANSWER 2
Rule 42.3(i) may now make this possible. However, the The protest committee refused redress to C, D and E,
rule also says that a boat that does so must not thereby but decided to ask the RYA whether the shortening of
gain a significant advantage in the race. course could be considered invalid as well as late.
QUESTION 3 DECISION
Is weather information sent to a mobile phone, to a In upholding the protest committee’s decision in all five
receiver or to a computer by a weather bureau as part of requests, the RYA stated as follows.
a dedicated subscription service 'freely available' for the The RYA will not agree to consider the correctness of
purposes of rule 41(c)? Is the cost of that service only part of a protest committee’s decision. It is not
relevant? Is information available to all on the internet provided for in rule 70.2, and to do so could lead to
'freely available', given that a subscription has to be inconsistency. For instance, a finding that the race had
paid to an internet service provider? never been validly shortened might result in the
ANSWER 3 abandonment of the race as being the more appropriate
Once a subscription has been paid to a generally redress. The RYA has reviewed all of the original and
available and non-specialised communications service, further decisions.
such as an Internet Service Provider, a telephone service Request for confirmation or correction, Hamble River SC
(mobile or terrestrial) or a television licence, any
information that is then available to the general public, RYA 2005/7
or is available to all competitors in the event, and that Rule 61.3, Protest Requirements: Protest Time Limit
can be accessed readily and at no further cost (other Rule 69.2, Misconduct; Action by a Protest Committee
than the cost, if applicable, of a standard rate call or Rule 78.1, Compliance with Class Rules; Certificates
connection) is 'freely available'. The notice of race and
sailing instructions may change rule 41 to widen or The hearing of requests for redress and rule 69 actions
narrow this. may unavoidably have to take place after the end of an
event, but the time limit for lodging a protest should not
QUESTION 4 normally be extended beyond then.
What is the meaning of ‘injury or serious damage that is
obvious to the boat intending to protest,' in rule The protection of WS case 57 does not extend to an
61.1(a)(4)? Is this different from 'injury or serious owner or person in charge who knows, or should know,
damage', as referred to in other rules? that the boat does not comply with class rules.
SUMMARY OF THE FACTS
ANSWER 4
It is possible that damage or injury that is obvious to the Following an Extraordinary General Meeting of the
Osprey Class on 23 April 2005 ratifying the use of
boats involved may not be serious. The question for the
protest committee to decide, in considering the validity Kevlar sails, a protest was received on 4 May 2005 by
the organizing authority, which had organized the 2004
of a protest when the general requirement for a prompt
hail of 'Protest' and, when applicable, for the prompt National Championships in August of that year. The
protest alleged that two prize-winning competitors had
displaying of a red flag has not been complied with, is
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