Page 118 - Case Book 2017 - 2020 April 18

Jump the Gun! refers to several cases in support of her should award redress. Appropriate redress would be to
exoneration. These were all situations where a boat was reinstate her in the race and add to her finishing time the
compelled to break a 'shall not' rule. She also claims estimated time for the boat to sail back to the start line
that it was the moored vessel that collided with Jump and then return to the point at which she turned back
the Gun! rather than Jump the Gun! colliding with the which, in this case, is unlikely to be less than two
moored vessel. The RYA does not accept that 'collides minutes. Reinstating the boat in her actual finishing
with' presupposes which of two vessels was more position will be wrong as it will not be equitable to all
responsible for causing the collision. As an analogy, a boats as required by rule 64.2. If the protest committee
protest committee would not apply such a distinction to is not satisfied that the boat would have turned back if
a boat making contact with a bobbing inflatable pillar flag X had been displayed for longer, redress should be
mark she was rounding, even if wind or wave caused it refused. See WS Case 31.
to lean rapidly and unexpectedly far over. She would be
penalized for breaking rule 31’s requirement not to OBSERVATIONS
The question submitted indicates that the boat expected
touch the mark.
to see an indication (using X or another flag) that she
Heartbeat 2 v Jump the Gun!, Burnham Week was on the course side of the line during the one minute
period before the starting signal. There is no
RYA 2006/2 requirement in the rules for such a signal unless so
Rule 29.1, Recalls: Individual Recall stated in the sailing instructions.
Rule 62.1(a), Redress
Rule 64.2, Decisions: Decisions on Redress When the race committee intends to apply rule 30.1, a
sailing instruction can change that rule to specify some
When there is an improper action of the race committee, signal other than flag X to recall boats that were OCS in
a boat is entitled to redress only when she can show a the minute prior to the starting signal but not at the
clear link between that action and her score. If flag X is starting signal. This will help prevent a non-recalled
removed prematurely, an OCS boat that does not return boat making a good start from wrongly believing that
will be entitled to redress only if she can show that she flag X was intended for her.
would have returned had it been displayed for longer. If
she can satisfy the protest committee on this point, Request for Interpretation from Royal Brunei YC
appropriate redress would take into account the time RYA 2006/3
she would then have taken to return and start.
Reinstatement into her finishing position is unlikely to Rule 42, Propulsion
Rule 61.1(b), Protest Requirements: Informing the
be equitable to all boats.
Protestee
ASSUMED FACTS A race committee intending to protest a boat over an
Flag I was correctly displayed as the preparatory signal
for a race. During the one minute period before the incident it observes in the racing area is required to
notify the protestee after the race. Provided it does so, it
starting signal a boat crossed to the course side of the
starting line and, although on the pre-start side of the may also do so during the race as an additional
courtesy. A two-turns penalty is not available for
line at the starting signal, she failed to return across an
extension of the line and then start as required by rule breaking rule 42, unless the sailing instructions say so.
30.1. The race officer correctly displayed flag X after SUMMARY OF THE FACTS
the start but removed it after about one minute. The boat Laser 182224 was protested by the race committee for
was scored OCS and sought redress. breaking rule 42, and was disqualified. A member of the
race committee made a hail of ‘Protest’ from the shore
QUESTION at the time of the incident, and the intention to protest
Should the boat be granted redress for the error of the
race committee in failing to display flag X for 4 and the reason was confirmed to Laser 182224 after the
race. Laser 182224 was disqualified, and she appealed.
minutes?
DECISION
ANSWER The appeal is dismissed. The reasons for the appeal are
A boat is entitled to redress only when she can show
that a mistake affected her finishing position. This addressed as follows:
might be because the boat was not able to see the No one on the bank was in a position to judge the wind
committee boat during the period flag X was displayed, conditions, and no other competitor thought I was
perhaps because of intervening boats, but would have breaking the rule.
been able to see it had it been displayed for longer.
Alternatively she might be able to convince a protest It is for the protest committee to decide whether the
committee that she had seen flag X, believed it might evidence of a protestor or witness is credible, and the
apply to her, and was on the point of returning when it RYA sees no reason to question a conclusion that rule
was lowered. In either situation, the earliest time the 42 had been broken. The appellant’s case in the protest
error could have affected the boat is the moment flag X hearing might have been stronger had he called another
was lowered - in this case, about one minute after the competitor as a witness.
starting signal. The alleged protestor did not identify himself, was some
distance away, and there was no reply to my hail to the
If the protest committee is satisfied that the boat would
have returned if flag X had been displayed for longer, it OOD requesting clarification.
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