Page 131 - Case Book 2017 - 2020 April 18

results for the series after Race 8, it was reasonable for Banjaard's disqualification is upheld.
14067 to believe that 14057 could finish ahead of her in
the series if she won the final race. Therefore, although The change of course by Zoomers occurred at the point
when it was clear that Banjaard was not keeping clear
14067 was mistaken, her tactics did not break rule 2.
(see rule 14(a)). However, the RYA is satisfied that it
There was no evidence that the member of the protest was reasonably possible for her to change course at that
committee had a close personal interest in the decision; moment without touching Banjaard's spinnaker.
therefore, he did not have a conflict of interest. Zoomers therefore broke rule 14, and, since damage
Friendships in the sport are common and do not resulted (see rule 14(b)), she too is to be disqualified.
automatically create a conflict of interest. However, In answer to Banjaard's question, a capsize to windward
when any protest committee member is well acquainted
with a party, it is recommended that this fact is declared by a leeward boat resulting in contact with the
windward boat will not necessarily result in rule 11
at the start of a hearing so that another party has the
opportunity to object and a ruling can be made on being broken (see WS Case 77). In this case, the critical
factor was not the contact, but the convergence of the
whether there is a close personal interest. A failure to
make a declaration does not, in the absence of other courses and the closeness of the approach.
evidence, necessarily prejudice the hearing. Banjaard v Zoomers, Guernsey Yacht Club

Ding Dong Do v One Purpose 14, South Caernarvonshire Y C
RYA 2012/2
Definitions, Keep Clear
RYA 2011/3
Rule 11 On the same tack, Overlapped Rule 14, Avoiding Contact
Rule R2.1.1 [as prescribed by the RYA], Submission of
That a boat did not keep clear is a conclusion which Documents
can be reached only by applying the criteria in that The time limit for notifying an appeal runs from receipt
definition. Contact may be evidence that a boat has
already failed to keep clear. of the written decision of the protest committee.
A right-of-way boat risks penalization if she does not
SUMMARY OF THE FACTS
In F3-F4 winds, Banjaard (a 36 ft cruiser-racer) act to avoid contact involving damage immediately it is
evident that the other boat is not keeping clear.
rounded the windward mark overlapped to windward of
Zoomers, (an RS 400 dinghy). The next leg was a reach. SUMMARY OF THE FACTS
Zoomers sailed lower to hoist her spinnaker, opening Two Squibs were on a beat to windward with Toy on
the gap to 25 metres. She then sailed higher, on a starboard and Quickstep III on port, on a collision
converging course. When she again came close to course. Quickstep III completed a tack onto starboard a
Banjaard, Zoomers began to bear away. Banjaard short distance ahead of Toy. Toy acted to avoid contact
simultaneously began to luff. Zoomers capsized to immediately the tack was complete but very shortly
windward, and her masthead ripped the spinnaker of after, Toy’s bow hit Quickstep III’s transom.
Banjaard.
In the initial protest hearing Quickstep III was found to
Banjaard protested, but was herself disqualified. have failed to give Toy room to keep clear and she was
disqualified for breaking rule 15. However, at a
Banjaard appealed, asking whether all windward boats
have to sail on the assumption that leeward dinghies reopening of the hearing it was found that Quickstep III
had completed a two-turns penalty in respect of the
might capsize to windward.
incident and she was reinstated to her original finishing
In answer to questions from the RYA, the protest position.
committee stated that there would have been an almost
immediate collision if Zoomers had held her course. Quickstep III appealed the decision on the grounds that
Toy, having had time to take avoiding action, should
DECISION have been disqualified for breaking rule 14 because the
Banjaard’s appeal is upheld to the extent that Zoomers collision had caused damage.
is also disqualified.
In its comments on the appeal the protest committee
As the windward of two overlapped same tack boats, questioned the timeliness of the notification of the
Banjaard was required by rule 11 to keep clear of appeal to the RYA since it was made more than 15 days
Zoomers. Contact is usually evidence that a failure to after the decision had been given at the end of the
keep clear, as defined, has already occurred. The hearing albeit within 15 days of the appellant receiving
relevant test in the definition is whether the distance the written decision.
between the boats had closed to the point where
Zoomers needed to take avoiding action. The RYA is DECISION
The appeal is valid and is upheld. Toy is disqualified.
satisfied that this point had been reached, given the
certainty of almost immediate contact if Zoomers had The RYA prescription permits the time limit to run
held her course. Banjaard therefore broke rule 11. from receipt of the written decision of the protest
committee because the decision to appeal will often
Banjaard should have acted earlier than she did to try to depend upon the exact words of the protest decision.
keep clear. Had she done so, it would have been
reasonably possible for her to avoid contact. She From the definition Keep Clear, a boat fails to keep
therefore also broke rule 14. clear at the moment that a right-of-way boat would need
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