Page 119 - Case Book 2017 - 2020 April 18

The protest was lodged by the race committee. For an SUMMARY OF THE FACTS
incident it sees in the racing area, rule 61.1(b) requires Etap21 266 passed the leeward mark clear ahead of the
the race committee to inform the protestee after the faster Tempest 793, which became overlapped to
race, and this was done. To hail at the time of the windward. After hailing Tempest 793 to keep clear,
incident was an additional courtesy. Etap21 266 luffed in a way that, the protest committee
concluded, allowed Tempest 793 to keep clear. There
There was no obligation on the race committee to reply was contact not resulting in injury or damage. The boats
to the request for clarification.
protested each other. The protest committee disqualified
Breaches of rule 42 can be detected from a considerable Tempest 793 under rule 11, and she appealed on five
distance. grounds.
There was an opportunity for the race officer to pass a DECISION
message via a race committee vessel that a ‘ruling had The appeal is dismissed. The reasons for the appeal are
been made against me’. addressed as follows:
No ruling had been made. Only a protest committee Etap21 266 broke rule 15 by not giving room after the
could decide whether the appellant had broken rule 42. rounding was complete
Had it been clear that I was being protested by the race Based on Tempest 793's own diagram submitted with
committee, I would have exonerated by taking penalty her appeal, Tempest 793 was the keep-clear boat before
turns. and during the incident - by rule 12 before the boats
reached the zone, and by rule 11 once Tempest 793 then
A two-turns penalty is available for a breach of rule 42 became overlapped to windward. Rule 15 applies only
only when the sailing instructions say so, usually by briefly after a boat initially gains right of way because
making Appendix P applicable. This was not so at this of her own actions. A change of rule under which a boat
event, and so a breach of rule 42 could not be retains right of way does not invoke the operation of
exonerated on the water.
rule 15.
Race Committee v L182224, Swarkestone SC
The protest committee did not call any witnesses to
ascertain the facts.
RYA 2006/4
Rule 15, Acquiring Right of Way The primary responsibility for calling witnesses is with
Rule 63.5, Hearings: Validity of the Protest or Request the parties to the protest, and the right to do so is one
for Redress that the protest committee cannot take away. A protest
Rule 63.6, Hearings: Taking Evidence and Finding committee is however entitled to suggest to the parties
Facts that, when the facts do not appear to be in dispute, there
Rule 64.1, Decisions: Penalties and Exoneration would not be anything to gain by calling witnesses. If
Tempest 793 did not feel that the facts were clear, she
Rule 15 applies only when a boat initially acquires right
of way, and not when the rule under which she should have called any witness she felt could clarify
continues to hold right of way changes. what happened.
While these are reasons sufficient to dismiss the appeal,
When one boat must keep clear of the other, and the
other changes course, the presence or absence of a hail the RYA notes that Tempest 793 has made three other
does not affect the obligations of either boat. claims, which are in effect an appeal against the facts
found. The RYA sees no reason to question the facts
When boats protest each other over the same incident, found, but even if the facts had been as Tempest 793
the hearing will continue if only one of the protests is had asserted, none of them would be a good reason for
valid. upholding the appeal.
The responsibility for calling witnesses at a protest Etap21 266 did not hail prior to luffing
hearing lies primarily with the parties to the protest.
There is no requirement for a right-of-way boat to hail
A boat may be disqualified even if it were only she that before altering course towards a boat that is keeping
lodged a valid protest. clear. To continue to keep clear, the give-way boat is
not obliged to respond to a course change before it
occurs, even if she has good reason to expect a luff.
Course of
Wind Tempest This was an aggressive manoeuvre to make contact.
3
Course to 1
next mark Rule 16.1 permits a right-of-way boat to change course
2 as she pleases, provided that in so doing she gives the
3
other boat room to keep clear. The RYA sees no reason
to disagree with the conclusion of the protest
1
2 committee, that Etap21 266 changed course 'in a
Course
of Etap manner which allowed the Tempest to keep clear.'
While Etap21 266 broke rule 14 by allowing avoidable
Diagram of appellant Tempest 793
contact to occur, rule 14(b) says that she is to be
exonerated since neither damage nor injury resulted.
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