Page 130 - Case Book 2017 - 2020 April 18

endanger herself in order to claim her entitlement to however, could have avoided contact and is, therefore,
room. If the outside boat disputes the inside boat's also disqualified under rule 14 because the contact
entitlement to room, she must nevertheless give room, resulted in damage.
and then, if she wishes, protest.
Profile v Tilt, Island Sailing Club
SUMMARY OF THE FACTS
During the Round the Island Race 2010, both boats RYA 2011/2
were reaching on port tack and were in the process of Definition, Conflict of Interest
rounding the southernmost tip of the Isle of Wight, Rule 2, Fair Sailing
which was to windward. Profile was ahead and to Rule 63.4, Hearings: Conflict of Interest
windward. Tilt approached from clear astern and was
sailing on a higher course than Profile. When the boats A boat does not break rule 2 when she believes
became overlapped, there were more than 2 boat lengths reasonably, even if incorrectly, that, in manoeuvring
between them. Profile believed that there was against another boat, she will protect her series score
insufficient depth of water to windward to allow her to by worsening the score of the other boat.
sail any higher. Profile held her course and Tilt Knowing a party to the protest through past common
continued sailing a higher course. As the boats membership of the same club does not automatically
converged, there was contact causing damage. Profile mean that a member of the protest committee has a
protested Tilt. conflict of interest. However, such knowledge should be

The protest committee decided that Profile was not 'at declared at the outset so the possibility of a close
an obstruction' and was therefore not entitled to room personal interest can be investigated.
under rule 19.2(b). It disqualified Profile under rule 11. SUMMARY OF THE FACTS
The protest committee also stated there was nothing Tilt After the penultimate race (Race 8) of the GP14
could have been expected to do to avoid contact and National Championship, One Purpose 14 (14067) tried
therefore she did not break rule 14 as a result. Profile to calculate the overall points of the leading boats as a
appealed. second discard had become available on completion of
DECISION 8 races and the last race of the Championship (Race 9)
The appeal is upheld. Profile is to be reinstated to her was about to be started. 14067 calculated incorrectly
finishing position and Tilt is to be disqualified. that, in order to protect her second place overall, it was
necessary that Ding Dong Do (14057) did not win the
When there is a dispute over an entitlement to room due final race.
to differing views on whether a boat is at an obstruction
or not, the proper course of action is for the outside boat For a period between the preparatory and starting
to give room and then to protest. The inside boat is not signals for the gate start of Race 9, 14067 manoeuvred
required to endanger herself in order to claim her close to 14057 in an effort to affect 14057’s position
entitlement to room. The principles applicable are among the boats waiting for the gate to open. After the
similar to those in WS Case 50. start 14067 retired from the race. 14057 finished the
race in 8th place. 14057 protested 14067 under rule 2
At a protest hearing, it is for the right-of-way boat to and requested redress under rule 62.1(d).
establish that contact would have occurred if she had
held her course and therefore that she needed to take The protest committee found no evidence that rule 2
avoiding action. It is then for the inside boat to present had been broken and dismissed both the protest and
sufficient evidence to establish that she was at an request for redress. However, between the taking of
obstruction and that she was entitled to room. If, after evidence and the giving of the decision, 14057 became
considering all the evidence, a protest committee finds aware that the helm of 14067 was known personally to
that the inside boat had a reasonable belief that she was one member of the protest committee, which fact had
at an obstruction and required room, it should dismiss not been declared earlier. 14057 asked for a reopening
the protest. If the protest committee is satisfied that the of the hearing which was refused as impractical and she
inside boat’s belief was not reasonable in all the was advised to appeal, which she did on the grounds
circumstances, it should uphold the protest and that: there had been a breach of rule 63.4; the protest
disqualify her. committee had failed to reopen the hearing; and rule 2
and WS Case 78 had not been properly applied.
The RYA accepts that Profile genuinely believed she
could not sail any higher and that, given the depth of DECISION
water, the size of boats and the wind strength at the time Ding Dong Do’s appeal is dismissed. One Purpose 14’s
of the incident, that belief was a reasonable one to have. score in Race 9 is to remain RET.
Profile was accordingly entitled to room under rule WS Case 78 gives guidance on some specific
19.2(b) and although she broke rule 11 she did so while circumstances in which a boat may attempt to slow the
sailing within that room. Profile is therefore exonerated progress of another boat, but none of those
from her breach of rule 11 under rule 21(a) and Tilt is to circumstances apply to this case. The general criterion
be disqualified for breaking rule 19.2(b). Profile did not stated by Case 78 is that a tactic is sportsmanlike if
avoid contact with Tilt, but under rule 14(a) was not “there is good reason to believe that the tactic benefitted
required to act to do so until it was clear that Tilt was or could have benefitted” her series score. The RYA is
not giving room, at which point there was no safe satisfied that, in the absence of definitive cumulative
possibility for Profile to avoid the contact. Tilt,
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