Page 122 - Case Book 2017 - 2020 April 18

of interest, or the party does not object promptly when ANSWER 3
he learns of a potential conflict of interest, the party When a crew member gets out of a small boat that has
forfeits the right to appeal on the grounds of that gone aground to try and refloat her, this will normally
conflict of interest. However, although it is not clear in be an act of seamanship as envisaged in rule 42.1. After
this case whether the parties were asked at the start of going aground, rule 42.3(h) permits the crew to use any
the hearing if they objected to any member of the available means that exist within the boat to get clear,
protest committee, it is clear that the appellant was apart from an engine.
unaware of facts that were known to members of the
protest committee, and the RYA sees no reason to doubt QUESTION 4
When a boat is grounded on a sandbank and the crew is
his statement that 'if I had been told that there was a
connection I would have objected to this person being a unable to refloat her, may they leave her at anchor, and
return to her on the rising tide to resume the race?
member of the panel'.
The decision of the protest committee to rehear the ANSWER 4
When any of the crew intentionally leave a boat in this
protest is therefore confirmed. Attention is also drawn
to the RYA Racing Charter, which sets standards for situation and depart to another location, the boat breaks
rule 47.2, and also rule 41 if any assistance is received
clubs and protest committees:
Organisers, officials and other providers of sailboat from others, for example a boat-ride ashore. This might
be relevant if the grounding occurred in a long offshore
racing agree to strive to provide the fairest racing
possible. This includes encouraging feedback and race.
facilitating the resolution of genuine disputes (including QUESTION 5
protests) in a timely and proper manner. Can any grounded vessel be considered to be “in
danger”? If no, would she be so when stranded on
Miss Elainey Us v Blue Tack, Sonata Northern Championship rocks?

RYA 2007/2 ANSWER 5
Rule 42.1, Propulsion; Basic Rule It depends on the location, size and type of the boat as
Rule 45, Hauling Out; Making Fast; Anchoring well as on the wind and tide.
Rule 47.2, Limitations on Equipment and Crew
Questions from Menai Straits Regatta Committee
When a boat goes aground or is about to go aground,
jumping over the side and pushing off is normally an act RYA 2008/2
of seamanship permitted by rule 42.1, and is permitted Rule 27.1, Other Race Committee Actions Before the
by rule 45. Starting Signal
Rule 28.1, Sailing the Course
When a crew member leaves a boat, the boat will not Rule 61.1(a), Protest Requirements: Informing the
break rule 47.2 when the 'leaving' is temporary and the Protestee
crew member stays within the vicinity of the boat. Rule 62.1(a), Redress
ASSUMED FACTS Rule 64.2, Decisions: Decisions on Redress
Our Club races small keelboats in an area of extensive The simultaneous display of more than one valid course
sandbanks and mudflats and occasional hazardous for a class is an improper action of the race committee,
rocks. When a boat goes aground it is common for a which may entitle boats to redress, with any doubt being
crew member to go over the side and push the boat off. resolved in favour of the competitor. A protest that a
Sometimes a spinnaker pole or oar is used if the boat has not complied with rule 28.1 does not have to
grounding is not severe. At no time is the crew member be notified before the protested boat has finished.
immersed and so never actually “swims”.
SUMMARY OF THE FACTS
QUESTION 1 Before a sequence of starts for different classes, the race
Does rule 47.2 prohibit a crew member from leaving the committee displayed a course, without a class
boat to stand on the bottom as envisaged by rule 45? designation, on the stern of the committee boat. This
ANSWER 1 course signal was seen by Danger Mouse and, possibly,
No. Standing on the bottom is permitted by rule 45 and other boats that sailed that course. Simultaneously the
is an act consistent with continuing to race. race committee displayed on the side of the committee
boat a different course with the class designation which
QUESTION 2 was the course that they intended to be sailed by
Is there is a conflict between rules 45 and 47? If so, Danger Mouse’s class. The majority of boats in Danger
which rule has precedence? Mouse’s class sailed that course.
ANSWER 2 After the finish Doyouthinkhesaurus protested Danger
There is no conflict and neither rule has precedence Mouse under rule 28.1 for not sailing the correct course.
over the other. The protest committee upheld the protest and
QUESTION 3 disqualified Danger Mouse. Danger Mouse appealed.
Does rule 42 prevent the crew applying force, for DECISION
example by pushing the boat whilst standing on the Danger Mouse’s appeal is upheld, and the protest
bottom? committee is to decide redress.

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